Quail Ranch Estates Lawsuit Update

This update includes the following key areas:

Conflict of Interest Charges Against Sophia Scherman to Remain in Lawsuit vs. City of Elk Grove

QREA Lawsuit v City of Elk Grove and City Council Member Sophia Scherman

Proposed 84 Unit Apartment Complex on Waterman & Bond Rd

Contact with the Army Corp of Engineers

Sacramento Water Quality Board

QREA's lawsuit v City of EG and City Council Member Sophia Scherman

Rationale for filing the Lawsuit at this time:

After the City filed the approval of the Mitigated Negative Declaration, approval of the site map, and approval of the rezone we had only one option available, which was to file a lawsuit. We had exhausted all other possible remedies to the City's actions.
We had only a 30 day window from the time the City approved the project to file any legal recourse.
Our core group (those who had spent 100's of hours and much of their own money working to defeat this project) decided unanimously that we had put too much work into the protecting our community to simply give up now and allow the City Council to continue to conduct business as usual, even though we had established the Vintara Park project had numerous shortcomings, required environmental studies were absent, erroneous, and speculative.
Immediately after suit was filed, we set up two community meetings (on 2 separate days and times) to inform our neighbors of the need for the lawsuit, the legal principles involved, introduction of our attorney, the likelihood of success, and a request to assist in funding the suit. At these meetings, after full disclosure to the facts, we asked those neighbors present if they thought we should proceed with the suit. At this point we could have dropped the suit. Those who were present unanimously agreed that we needed to proceed.
Our attorney is very well respected and specializes in "land use" issues. He has successfully argued against Centex's attorney, Greg Thatch, on several occasions. We believe we have an excellent chance to prevail on the merits.
Lending further credence to the legitimacy of our suit, consider that Cal Trans has also filed suit v. the City based on their approval of the project. CSD, the Community Services District has also filed suit v. the City related to this project. That's 3 lawsuits filed

Current Status of Lawsuit

Upon our filing the lawsuit, a mandatory settlement conference was to be held w/in 45 days. The City established a date, then asked for and was granted, an extension. Our attorney informed us just this past Friday (6/2/6), that the local firm that was handling the suit (the City had farmed the case out to a local firm), had subsequently farmed the case out to a second firm in Walnut Creek. The Walnut Creek attorney has asked for a settlement conference by phone in the near future. We understand that he seems to be questioning some of the City's authority to do what they've done.

The Walnut Creek attorney also asked if we would be interested in dropping the conflict of interest portion of the suit against Councilmember Scherman. This issue, if you recall, relates to Scherman, who voted to approve the project at the City Council level, while she holds a Board of Director title for the County Sanitation District #1, who is under contract to sell the land in question to Centex. She abstained from voting on a 120 day extension for the sale, due to the conflict, but voted to approve at City Council level. Either there's a conflict of interest, or there isn't. We told our attorney that the conflict issue stays, it is non-negotiable. Win or lose on this issue, we need to let the City Council know we will not lay down when we see inappropriate behavior from our elected officials.

A Proposed 84 Unit Apartment Complex on Waterman & Bond Rd.

Adjacent to the eastern border of the Vintara Park project, west of Waterman Rd., the City plans on building a 84 unit apartment complex, again creating more traffic, air quality, water issues and crime for us here in QRE. We have 30 days to respond in writing to the project.

The following link will take you to the Elk Grove Planning Dept web site for the project. http://www.egplanning.org/environmental/documents/waterman_square/861_NOTICE%20OF%20INTENT.pdf

Please take a few minutes to reply to the city either by email, letter or attend the hearing on the project which is tentatively scheduled for July 20, 2006.

Let the city know that cumulatively with Vintara Park’s nearly 700 homes, this 84 unit low income apartment complex creates more environmental, traffic, noise, crime, and air quality concerns.

The www.EGPlanning.org website also has the Mitigated Negative Declaration for the project. We encourage you to review the report before you write your letter. The city's declaration states that the project will have NO effect at all on the surrounding neighborhoods....None at all. Last day to submit letters to the Planning Dept is June 24, 2006.

Continued Contact with the Army Corp of Engineers is Essential

Just within the last two weeks, members of the Quail Ranch Estates Homeowners Association spent nearly five hours at the Army Corps office in downtown Sacramento poring over the Vintara Park file.

It is apparent to us after reading internal communications and communications between the Corp and Centex that the Corp is doing a fantastic job of standing firm against Centex and their team of attorneys assigned to this project. The Corp, however, is nearing a point in which they must make a decision one way or the other regarding this project. It is very apparent to us that this project has taken longer than most to work its way through the "wickets" as described by the Corp. We have continued to ask for a public hearing on the Vintara Project as we felt the public has not been given a fair opportunity to voice their concerns over the short comings of the project. The Corp does not want to hold such a meeting for whatever reason. We need as many folks as possible to write the Corp and ask again for the opportunity to be heard on such as huge project.

Please address your letters to:

Mike Finan
Army Corp of Engineers
1325 J Street
Sacramento, CA 95814.

The letters should be mailed via US Mail and NOT e - mailed. We need the letters to be mailed within the next 7 days as we understand the Corps will be meeting early in June for a final decision.

PLEASE, PLEASE, PLEASE..take a few minutes and

Request a public hearing on this project.
We believe that the environment is being unnecessarily destroyed (vernal pools/wetlands),
Water/Flooding issues still are unresolved and the Elk Grove City Council did not allow adequate public input and discussion.
Refusal of Centex to alter their plan, despite demands to do so by the Army Corp of Engineers
Irreparable harm to high grade vernal pools if plan is approved by Army Corp of Engineers
Additionally, only a limited number of homeowners directly adjacent to the property were notified of the project as required by law. For these reasons and others that you may personally have regarding this project, the public is demanding to be heard on Vintara Park.
The Army Corp should not be experiencing political pressure from Sen. Doolittle and Lungren as reflected in letters contained within the Vintara Park file.
The Army Corp should be able to analyze each project before them independent of pressure from Washington DC and political forces.

Sacramento Water Quality Board

The Sacramento Water Quality Board has not issued the Water Certification permit for this project.

We need you to send a letter (using US Mail) to :

Robert Solecki, Environmental Scientist
California Regional Water Quality Control Board
Central Valley Region ,Stormwater and Water Quality Certification Unit
11020 Sun Center Drive #200
Rancho Cordova Ca 95670

(916) 464-4684

This letter should state the following:

Stress the importance of water contamination from this project and the inadequate storm water system.
Quail Ranch Estates will sit up to 2 feet lower than the proposed project and there is a real possibility of flooding and down stream flooding.

Include language that indicates an additional 84 unit apartment complex is being proposed on an adjacent piece of land that will add to the downstream flooding and water contamination problems
Refusal of Centex to propose an alternative plan that would reduce the water contamination and storm water issues.

Stay Involved
Attend City Council and Planning Commission Meeting!

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