The case has proceeded at full speed since our last e-mail in November.  Sorry for the long gap, but preparing 3800+ pages of court record got in the way.

Developing the Court Record has been a big time drain, but is our responsibility to do so.  We have been developing and organizing this massive amount of data to allow the Court to understand the case.  All of the records from the City files and from other sources have been reviewed and copied or transcribed, then paginated and put in a professional index so they are accessible. 

The index itself is six pages of single-spaced typing, and was a major effort to develop.  The last step was copying all the paginated records and binding them in 15 volumes for use by the Court. 

We did as much of the work as possible ourselves to save on costs.  Heartfelt thanks go to the band of volunteers who spent endless hours on this demanding yet tedious task.  We got it done; it is the springboard for the preparation of our legal briefs presenting our case to the Court.

In December, the second major action in our court case occurred, the settlement hearing.  It required substantial study and discussion to allow us to prepare a settlement offer that would keep the case from going to Court. 

We presented this proposal to the City, RCD and the Dunivan Trust and discussed it in conference with them.  It has unfortunately yielded no results.  So that phase is over.

Our task now is to prepare our legal brief for the Court based upon the 3800+ page record described above.  We are spending a large amount of time analyzing and studying the record to try to assist our lawyers in this.  Now is the time for detailed research, thinking and writing.  Again, mucho trabajo

 The brief must be presented by late February.  Then the City/RCD/Dunivan Trust respond and we prepare a final rebuttal.

The Court will hear the case in April.

Along with this, we need to work on fund raising again.  We are several thousands of dollars in the hole.  So this effort needs our attention now.  

Thanks to all of you who have been so generous to get us this far.  You have provided the financial support and the will to let us move forward.  Now for this important fund raising lap.

Getting this albatross from around our necks will let us pursue the case without distractions.

If you are willing to help with a small get together or a large party, or have other ideas, please let me know.  Contact me at this e-mail or call me at 372-8517. 

If you can help with a donation, please send checks made out to me to:  Tim Platt, 843 Pinon Drive, Martinez  94553.  Our policy is that all donors will remain anonymous.

This has been a difficult process, but one that is critical, especially in view of the other actions the Council and City are taking throughout Martinez, actions that jeopardize the special qualities of our town. 

We are an island of sanity in a world that is getting more impersonal and plastic every day.  Look at our unique culture, heritage and historic architecture; the cohesiveness of our neighborhoods everywhere in our town; our beautiful and natural creek, waterfront, and hills that surround us; and our parks and open spaces throughout.  Together they make a safe, sane, and supportive environment for young and old, an environment that is worth fighting to keep. 

We need to grow, but in a way that enhances these wonderful qualities. 

Standing together we can achieve growth that meets our future needs and makes sense for us all.

Again thank you for all your continuing support and full speed ahead.

 Tim Platt

 P.S.  Don’t forget our website.  mfrgc.wordpress.com

          It has updates and background information on the legal action, and also provides an easy means of communicating with us.

P.P.S  Please spread the word on this critical effort:

• Forward this e-mail to friends, etc.
• Tell people about our website so they can visit

First, thanks to all of you who have been so supportive.  It is a big decision to pursue legal action that entails a lot of effort and money, and the support of the community is most critical to our success.

This action will require a great deal of effort over the next six months or more, in addition to what it has taken to put the action together and get it off the ground… especially as we are actively involved in preparation of the suit to reduce costs.

So it is heartening to know so many of you are with us for the long haul.  Thank you.

UPDATE

A.  The action was filed in Contra Costa County Superior Court on October 14, 2009, and papers have been served on the city.  The action has two main goals:

 (1) Compliance with the Downtown Specific Plan and all other planning documents so our town can grow in a positive manner;

 (2) Respecting the California Environmental Quality Act (CEQA) and the Environmental Impact Report (EIR) process so impacts on the community, the environment and the prospective residents can be clearly identified, studied, discussed and mitigated, if possible.

Martinez is unique because of its culture, its heritage and historic architecture, the cohesiveness of its neighborhoods everywhere in our town, its beautiful and natural creek, waterfront, and hills that surround it, and its fabulous parks and open spaces that are sprinkled throughout.  Added together they make a safe, sane, rich and supportive environment for young and old, an environment that is worth fighting to keep. 

We need to grow, but in a way that enhances these wonderful qualities.  And medium density, medium height housing with sufficient green space and places to play and have pets and grow things are all central to this way of life.  These qualities are rare today, especially in urbanized areas and with the pressure of ever-increasing population.  We do not have to give them up to make room for growth.  We just need growth that is moderate and reasoned.

B.  Discussions are now underway on the preparation of the record, a major task.  The record must be completed in approximately 60 days.  We probably will be copying large quantities of documents and reports and blueprints at City Hall.  It is likely we will bring in a copier and set it up in a dedicated room, and just copy/scan away. 

Volunteer help is important for this big task. 

 So we need: 

• Volunteers to help with copying/scanning during the day at city hall
• Copier/scanner and paper
• Blueprint copier or means to copy large documents
• CD burner and expertise in using it

Please let us know if you can help.  If we break the work up into shifts, it should go quickly, and it might be fun to be in City Hall for a while.

 C.  Also within about 45 days we will start the mandatory negotiation period where we mutually work to try to find a solution that will work for all parties. 

WEBSITE UP and SPREAD the WORD

We have completed a simple website, mfrgc.wordpress.com, that gives updates on what is happening, as well as background information on the legal action, including key documents describing the project and the issues.  It also provides an easy means of communicating with me.

Hope you like it. 

 It is very important to spread the word on this critical effort, so please: 

• Forward this e-mail to friends, etc.
• Tell people about our website so they can visit
• Send us e-mail addresses we should be adding to our list

 Communication is the key in today’s world.

FUND RAISING

 Fundraising plans are being put in place now.  Ideas include a big spaghetti feed with silent auction and raffle, great music and dancing; neighborhood walks; local chats and coffees; information booths, and more.  Let us know your ideas and if you can help.

 And if you can spare a few dollars, we need thousands more to fund the legal action.  Our policy is that all donors will remain anonymous.

Thanks again for all your support.  Standing together we can achieve growth that meets our planning criteria and makes sense for us all.

 Tim Platt

Spokesperson

Martinez Fair And Responsible Growth Coalition

The article this weekend “Group files injunction against construction of Berrellesa Palms” must be clarified on one major fact. We have NOT filed an injunction. We have petitioned the court to order the City to set aside and void its approval of the project and findings of exemptions and to comply with all provisions of CEQA, planning and zoning laws, and other applicable laws prior to further consideration of the project.

This legal action is in no way about senior or low income housing. Martinez Fair And Responsible Growth Coalition believes that the Berrellesa Palms project is a good project, if it can be scaled to the neighborhood and complies with the density, height, green space and other requirements of the Downtown Specific Plan and General Plan, as stated in our press release.

We support growth in our town that meets the goals of our Downtown Specific Plan to “…preserve and enhance Downtown’s historic small-town character…” and protect the unique character and quality of life of our neighborhoods. Our community has for years actively supported adding approximately 400 housing units to the 1000 that exist Downtown now, housing that meets these goals. We believe that growth that protects our unique historic, small town character and our friendly, safe neighborhoods is important for both current and future generations.

This is our last opportunity to save our town from overdevelopment and the problems and issues it brings. Otherwise, we believe this massive project will act as the precedent for all future development.

We ask for your support and donations in this critical effort. All donors are being kept anonymous.

Tim Platt
Spokesperson
Martinez Fair And Responsible Growth Coalition
10/18/09