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City Begs Court to Void County's Fast-Track Amendments

The city of Temecula has filed a Writ of Mandate against the county, seeking to invalidate the amendments that add surface mines to the county’s Fast Track Policy -- possibly putting LIberty Quarry back on the menu.

Temecula is using the courts to overturn ordinance amendments that give the Riverside County Board of Supervisors power to allow surface mining projects, while skipping county Planning Commission perusal or approval.

City officials are worried that the defeated Liberty Quarry could rear its head again, this time under a fast-track process that would require very little review and no other oversight.

The city attorney filed the papers in Riverside County Superior Court Wednesday.

In addition to a petition for a Writ of Mandate invalidating the amendments, the city is also asking for a stay and a permanent injunction that would keep the county from fast-tracking any strip mining projects—ever.

The contentious Liberty Quarry falls within the purview of the fast-track ordinance, angering city officials and spurring the fight against a proposed project just outside city limits.

According to papers filed with the court, the city is basing its petition on four points:

  1. The county is violating California Environmental Quality Act laws because it never proved an assertion that there are no potential environmental impacts associated with any projects for which the amendments will make way;
  2. The county did not publicize or hold public hearings before the Riverside County Planning Commission and the Board of Supervisors before taking a vote;
  3. The county violated state law by not placing the matter for approval first before California's Mining and Geology Board;
  4. State law does not allow the county to designate itself a planning agency solely to "cherry pick" the projects it wants to fast-track and send all others to the county Planning Commission, papers state.

A status hearing on the case is set for Dec. 10 in Dept. 4 at the Historic Courthouse, 4050 Main St., in Riverside.

Supervisors in August voted 3-2 to add surface mines to the list of projects that can bypass the county's planning commission and head straight to the supervisors for consideration -- a process known as fast-tracking.

That vote came on the heels of the board's certification of an Environmental Impact Report that left the door open for the Watsonville-based Granite Construction Co. to return with a modified version of a proposed 414-acre mining operation at Rainbow Canyon Road and Interstate 15.

City officials fear the board's amendments have paved the way for Granite to have its proposed operation fast-tracked to approval with no further study or oversight.

To read about the Supervisors' fast-track vote, please click here.

TVOR October 13, 2012 at 05:27 PM
Eric, I didn't think the civic center was built with RDA money, maybe it was. Do you have a link to show that it was RDA money? Even if it was built with RDA money, at the time the plana were made the city council could not have known the state would strongarm the cities out of their RDA money.
Eric Cartman October 13, 2012 at 07:37 PM
Paul, this is VERY serious. The whole sustainability plan is Agenda 21, United Nations sustainability. WRCOG introduced the Council to ICLEI as a way to avoid being sued for noncompliance with AB32 (California's global warming bill). They subscribed to ICLEI and used their software to develop the city's current sustainability plan. Repeat, the ENTIRE thing is Agenda 21. It needs to be completely redone. On the positive side, there are MANY options available to create a plan that is not the liberty grabbing monster that UN sustainability is. The UN model doen not take into consideration our Constitution. Paul, you DO stand up for our Constitution, don't you? Most of us agree that we need to be environmentally conscious but NOT at the sacrifice of our protection under the Constitution. You will either stand to eliminate this sustainability plan or you are for it. Personally, I want to know YOUR answer. Please respond.
Eric Cartman October 13, 2012 at 08:18 PM
Paul, it's too late. They can't fight for control when they handed it over to them willingly. This is just a show to avoid backlash from the VOTERS, nothing more. All they are doing is wasting the courts time.
Darlana October 13, 2012 at 08:32 PM
@Paul. Ok. I take that as yes. You are still a Sufi Muslim. Why are you not proud to say it?
Paul Jacobs October 13, 2012 at 09:00 PM
Darlana, I have told you the Truth twice and you don't want to believe. Judge not lest ye be judged. I believe in our constitutional FREEDOM OF RELIGION and freedom from it, if one chooses. I could ask what your IQ is, but that too is none of my business. I cannot be proud when religion is used as a wedge issue in the United States of America, which is why I am UNAFFILIATED.
trenchf00t October 13, 2012 at 11:20 PM
TVOR, city hall and lots of other projects were done with redevelopment Participation Certificates which trade rights to some of our revenue in exchange for money falling out of the sky to spend on projects. PCs are frequently abused by financial nincompoops that have no clue about the damage losing a few percent of your revenue does over time. But in the short term, the books look great. They will say there is no debt, and long after they are gone, we will Chapter 9. Now that RDA is gone, they will move to outright bond issues, which, thankfully, you might get the chance to vote 'NO' on, like this upcoming 'school upgrade' boondoggle-waiting-to-happen. This town is run by glorified realtors who only care about making deals, which is what any good realtor is always doing. Some of the folks who want to replace them are realtors too, so regardless of election results, there will likely be more of the same. Any accountant that runs will have my vote. Lawyers and realtors need not apply.
Eric Cartman October 14, 2012 at 01:40 AM
My understanding is that the Imperial Palace was built with some RDA funds, not ALL RDA but close to half. Regardless, do the taxpayers really need to bear this burden during tough times? It doesn't even provide a Sheriff's substation. STILL, it doesn't change the fact that they mad BAD decisions.
Popeye October 14, 2012 at 02:58 AM
Who cares you racist Tea Bagger!
Ronney James October 14, 2012 at 03:21 AM
Its funny how "unaffiliated" and "for sale to the highest bidder" is often the same thing is politics. Temecula doesn’t need any more “unaffiliated” personas in its leadership circles.
Tom Courbat October 14, 2012 at 03:51 AM
Really? They often mean the same thing? Says who? I read "unaffiliated" as one who looks at various options and independently decides what makes the most sense. On the other hand, "affilliated" (e.g. "tea bagger") tells you right away how the person will vote, regardless of the facts presented to them. I don't know of too many "unaffiliated personas" and I would like to see more (read- Independent, open- minded, open to reason, logic and facts). Paul Jacobs is the right man for a position on the council - he wouldn't automatically rubber stamp every item that comes before the council.
Tom Courbat October 14, 2012 at 03:52 AM
Or from you, Darlana. HOW would Mr. Jacobs' answer impact your vote? "Simple question"!
Tom Courbat October 14, 2012 at 03:55 AM
"A man hears what he wants to hear, and disregards the rest" - Simon & Garfunkel. They were right then, and they are right now. The only purpose of your continued lies ("You are still a Sufi Muslim") is to enflame, a typical and low-life political trick. Go crawl under a rock!
Tom Courbat October 14, 2012 at 04:01 AM
Hey Popeye - "Who cares, you racist tea bagger!"??? You couldn't be further from the truth, but that doesn't seem to be a factor for you or your good friend Darlana. Please find (because you can't) ANY place where I have made ANY comments that could be even remotely construed as RACIST. You can't do it, can you? And "tea bagger"?? Again, please present ANY evidence that I have ANY affiliation with or support in ANY way the positions of the neo-con Tea Party wing nuts. Since you have no evidence, you resort to simple name-calling, something kindergardners resort to. Welcome to the sandbox, now quit throwing sand and learn to play nice.
The Patriot October 14, 2012 at 05:02 PM
"I have ANY affiliation with or support in ANY way the positions of the neo-con Tea Party wing nuts. " Paul's biggest supporter and best friend is now attacking the Tea Party now? NOT a very smart idea. I don't remember the Tea Party attacking Paul but your comment appears to explain Mr. Jacobs VERY liberal position on Agenda 21. So now the question is Tom...does your best friend carry the same position regarding the Tea Party? Are we wing nuts Mr. Jacobs? Maybe you need to put your pet monkey on a leash Paul.
The Patriot October 14, 2012 at 05:04 PM
BTW Tom, "neo-con" is a liberal movement and is a buzzword that is often misdirected in attempts to discredit the Conservative movement.
Gandhi October 15, 2012 at 09:05 AM
I AGREE! The city council voted to NOT include that area in our "sphere of influence" thereby losing Temeculas voice in the matter and handing it over to the county, so put the blame where it belongs! Vote the incumbents out!
Gandhi October 15, 2012 at 09:08 AM
Are you nuts Steve? Yeah, right. I think we're gonna fight Steve, you can roll over and let them kick you in the belly if YOU want, but the rest of us will fight! We dont want that damn mining pit near our city, we dont want the noise, we dont want the air pollution, we dont want to have dozens of big rigs on OUR roads hauling aggregate and we will not rest until they GO AWAY!! Wimp.
Gandhi October 15, 2012 at 09:13 AM
Just vote the incumbents out Gordon. Smartest thing you can do believe me. Patrice Lynes had over 5,000 signatures of Temecula residents to get term limits on the ballot for the city council and guess what? They threw it out!! I think its about time to THROW THEM OUT! :) I dont think its "frivolous" fighting the quarry though, believe me you do NOT want dyanmite blasting going on 12 hours a day, you WILL hear it, the air will be full of silica dust also, any idea what that can do to your lungs? Your kids lungs? I'd be willing to physically block them with others if it came down to it, thats how strongly I feel against them, they're crooks, they only win if we give up! I wont!
Gandhi October 15, 2012 at 09:16 AM
Jim, what possible relevance does this question have to running for the city council??!! I see NO reason whatsoever for Paul to even answer this. What if he does? Anything wrong with that? Or do you STILL not believe in global warming? Well, if you cant understand science then I guess you shouldnt be asking questions like this of others.
Gandhi October 15, 2012 at 09:21 AM
VOTE OUT THE LYING INCUMBENTS EVERYONE!! I just wish there was some way of making them pay for the damage they have done to this city. That CityTajmahal they built as a "memorial" to themselves is outrageous and they used funds that HAVE TO BE PAID BACK!! There is NO free lunches people. And if they can't, then the money will come from the general fund - its mine and yours money, not theirs!! The redevelopment money would have been available to you and I for things like painting houses or replacing fencing, if you were low income like I am, and they used it ALL UP for the CityTajmahall instead, theres nothing left for us!!! Now, that has to be repaid, and if they dont generate enough funds in the old town area to do that, you and I will be paying for it believe me.
Gandhi October 15, 2012 at 09:22 AM
VOTE THE INCUMBENTS OUT!
Gandhi October 15, 2012 at 09:25 AM
Jim - you appear to be rather "obsessed" with this issue, not ALL voters are really that concerned about it believe it or not. I didnt even hear about it until I went to the candidate forum at the council chambers a couple weeks ago. We have more pressing issues than this one, I'm sure Paul will use "due diligence" when he gets on the council regarding this issue.
Gandhi October 15, 2012 at 09:27 AM
What the hell is your problem "Darlana"?! We dont need any prejudice in this town, I doubt that he is one, but if he is, so what? He's a lot more honest than the lying incumbents who have padded their pockets with the ill gotten gains of the taxpayers money in this city!! You arent worthy of a reply from Mr. Jacobs.
Gandhi October 15, 2012 at 09:29 AM
Well Paul, apparently "Darlana" DOESNT respect YOUR right to believe any religion of YOUR choice! What a bunch of hypocrites these people are.
Gandhi October 15, 2012 at 09:31 AM
OMG woman, what IS your problem?! He's already stated above!! You're so ignorant, you will probably re-elect the incumbents anyway, just because they "SAY" they're Christians, like you, (hah) so stop bothering Mr. Jacobs. Wow, some real nutcases around this town.
Gandhi October 15, 2012 at 09:33 AM
Apparently "Darlana" hasnt learned to read yet.
Gandhi October 15, 2012 at 09:36 AM
Paul, dont waste your breath on worthless trash like this, she's obviously trying to "get you" I would ignore her. Darlana, wanna know what MY religion is? It has about the same amount of relevance to your life and the city council election!!
Gandhi October 15, 2012 at 09:39 AM
Oh really Ronney? I dont agree. I wish we had a "like" button and a "dislike" one here, it would make things so much easier. I've lived in Temecula since before it was a city and I'd say Paul Jacobs is EXACTLY what we need now! No more pious self-righteous hypocrital "Christians" but someone who is intelligent enough to know what "spiritual" means sans "religion", which YOU Ronney, obviously dont!
Eric Cartman October 15, 2012 at 04:58 PM
One does not simply give up their 'sphere of influence' when people's health is at risk: http://i.imgur.com/8WMX1.jpg
Gandhi October 16, 2012 at 06:40 AM
Quite right Eric! Some really annoying nuts on this topic here arent there? Keep fighting, you guys are honest, just dont let them try to "get to you", thats all they're trying to do, as I'm sure you can see.

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