Former Castle Air Force Base

A short note on God, Nature and man in Spinoza's Ethics

Submitted: Jul 05, 2012
By: 
Badlands Journal editorial board

Immediately on finishing, in fact while still reading this appendix to the first part of Baruch Spinoza’s Ethics, we couldn’t help thinking of the many fine religious people, especially political leaders and decision-makers, who ‘paved paradise and put up a parking lot,’ often  in the name of the same god who had so guided man’s wisdom that he had created the greatest tool in history: an eternally rising real estate market.

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Sanctimonious "educator" abused students but dodged criminal prosecution through statute of limitations

Submitted: Nov 07, 2011
By: 
Badlands Journal editorial board

11-06-11
Modesto Bee
DA says Andersen knew of asbestos risk in Merced school
By Victor A. Patton
http://www.modbee.com/2011/11/06/1935528/merced-county-andersen-knew-of.html

MERCED -- Merced County's former education chief broke state law by knowing that high school students were exposed to cancer-causing asbestos, but waiting more than a year to notify law enforcement.

Those accusations have been lobbed against former Merced County Office of Education Superintendent Lee Andersen after an investigation by the Stanislaus County district attorney's office. Prosecutors say that Andersen would have been charged with a misdemeanor had the one-year statute of limitations not run out.

Andersen, in a letter to the Merced Sun-Star, insists he acted quickly to look into the asbestos exposure. He told a grand jury that he wasn't obliged to report it "because it was in the past." He asked the people of Merced to keep an open mind in reading the report.

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Railroads in the West: Now and then

Submitted: Jul 18, 2011
By: 
Badlands Journal editorial board

7-16-11

Merced Sun-Star

High-speed rail: Ag worries over project voiced

Elected officials and growers discuss effects on farmland… AMEERA BUTT

http://www.mercedsunstar.com/2011/07/16/v-print/1971373/high-speed-rail-ag-worries-over.html

Farmers in Merced County voiced their concerns about the impact of high-speed rail on ag land at a joint hearing organized by state senators Friday afternoon.

Sen. Anthony Cannella, R-Ceres, and Sen. Mark DeSaulnier, D-Concord, who leads the Senate Transportation and Housing Committee, held a joint hearing, "From Food to Rail: High-Speed Rail Impacts on Agriculture" on Friday.

Sen. Doug LaMalfa, R-Richvale, and Sen. Alan Lowenthal, D-Long Beach, also attended.

The event weighed the effects on ag land by the proposed railway, intended to carry passengers between San Francisco, Sacramento and Los Angeles by way of the San Joaquin Valley at speeds of up to 220 mph.

Cannella said the event provided a chance for politicians to hear from the agricultural community, a major part of California's economy. It generates more than $30 billion a year in revenue.

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Did you know that Castle Farms, Inc. owns Riverside Motorsports Park property?

Submitted: Dec 14, 2010
By: 
Badlands Journal editorial board

Site 1B -- Riverside Motorsports Park (formerly Pacific ComTech Park and Morimoto Industrial Park:)

This property was foreclosed upon and subsequently purchased at public auction on November 12, 2009 by Castle Farms, Inc.---Merced County Board of Supervisors Agenda Item 52, December 14, 2010.

And so ... John Condren, CEO of Riverside Motorsports Park, bought Pacific ComTech Park when Morimoto went bankrupt in 2005, and now Castle Farms, Inc., which plans to develop a large property between the former Air Force base and Merced, has bought the property at public auction.

Castle Farms, Inc., a 2,600 planned community destined for annexation into the City of Merced went through its own approval process with the city about a year before RMP requested that the county Airport Land Use Commission override the noise/safety zone for Castle airport. Without the override, the race track could not be built. Coincidentally, Castle Farms, Inc. stood to gain the ability to develop several hundred acres of its land blocked by the existing Castle airport noise/safety zone.

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Deja vu at the Sam Pipes Room, Merced City Hall

Submitted: Dec 14, 2009
By: 
Badlands Journal editorial board

The California High Speed Rail Authority held a technical advisory council meeting on Monday, Dec. 7, at a public meeting hall called the Sam Pipes Room, in the Merced City Hall. Two members of the Merced public, representing the San Joaquin Raptor Rescue Center and Protect Our Water (POW), wished to attend. The regional director of the San Joaquin Valley unit of the rail authority had told the members of the public that a meeting would take place on Monday at a different location. The members of the public wrote to the regional director twice last week inquiring if they would be permitted to attend the meeting and asked her by phone. She replied that she had received the request and would talk to rail authority legal counsel. The members of the public requested that if they were not permitted to attend, that rail authority counsel provide written legal justification, considering that the authority was consulting with special interests like water districts, the farm bureau, insurance companies, etc. Not hearing back from the regional director at the end of last week or Monday morning, the members of the public called the rail authority headquarters in Sacramento and were informed of the time and different location of the meeting and that there should be no problem with public attendance of the meeting.

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The price of dirt, Part 4 -- the Williamson Act budget hearing

Submitted: Sep 13, 2009
By: 
Badlands Journal editorial board

The price of dirt – Part 4, the Williamson Act.

 

To give readers a larger view of relations between Merced County and the state’s Agriculture Preserve and Williamson Act laws, we offer a case study from a 2005 paper by UC Davis researcher, Christoper Butcher, since 2007 an associate in the prestigious Sacramento law first of Remy Thomas Moose & Manley. It serves as a preface for Part 4 of “The Price of dirt.” We will say in advance, that we think it is highly unlikely that anyone taking part in the budget hearing on the Williamson Act in Merced County this year has ever read this paper, and its concluding case study on how Merced County essentially corrupted the entire purpose of the Act and the underlying law concerning the Agricultural Preserve.

 

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Judgment Entered in Favor of Raptor, POW and Citizens Group in RMP suit

Submitted: Jun 20, 2008

MERCED, CA (June 20, 2008) --Superior Court Judge Elizabeth Humphreys signed this week the judgment for the lawsuit between San Joaquin Raptor Rescue Center, Protect Our Water, Citizens for the Protection of Merced County Resources (petitioners), against the County of Merced and real party of interest Riverside Motorsports Park (respondents).

Judge Humphreys ordered in favor of petitioners that the following approvals of the Merced County Board of Supervisors on the RMP project be voided and vacated:

Resolution No. 2006-219;
Ordinance No. 1800;
Zone Change No. 03-007;
General Plan Amendment No. 03-005
Removal of project site from the Williamson Act Agricultural Preserve;
Amendment to the Merced County General Plan to redesignate the project site from "Agricultural" to "Castle Specific Urban Development Plan Industrial";
Rezone of the project from "A-1" and "A-2" to "Planned Development";
Approval of the project master plan;
Text Amendment to Merced County General Plan to modify policies in the Circulation Chapter that would exempt the project from traffic Level of Service standards for feature and major events.

The Court also ordered the County of Merced to refrain from further approvals on this project until the County and RMP undertakes further environmental review "to correct the deficiencies in the EIR and as otherwise required under the California Environmental Quality Act."

"We have nothing but the highest praise for our legal team," said San Joaquin Raptor Rescue Center President Lydia Miller. "Gregory Maxim, Julie Garcia, Marsha Burch and their law firms, Sproul Trost LLP of Roseville and the Law Offices of Don B. Mooney in Davis."

"This judgment is a tremendous victory for the citizens of Merced County," said Gregory Maxim. "This lawsuit was brought for the purpose of ensuring that the citizens were provided with a full and fair opportunity to review and comment on all project impacts. This judgment, and the voiding of nine of the project's prior approvals, will provide the citizens with this opportunity."

"We are overjoyed at this positive outcome for the Raptor Center and Protect Our Water," Miller continued. "But we were particularly pleased with the strong support we received throughout the process of this lawsuit from the Citizens for the Protection of Merced County Resources, led by Suzy Hultgren, Paul van Warmerdam and Stacey Machado."

For further information contact:

Lydia Miller GREGORY L. MAXIM
San Joaquin Raptor Rescue Center Attorney at Law
Protect Our Water Sproul Trost LLP
(209) 723-9283, ph. (916) 783-6262 tel

Citizens for the Protection of Merced County Resources

Suzy Hultgren-(209) 358-2339 ph, (cell) 209-769-8583
Paul van Wamerdam- (209) 678-2251 ph,(cell) 209-678-2251
Stacey Machado-(209) 564-8361 ph,

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Sonny Star, the Gigolo Press, still claiming it got it right on RMP

Submitted: Feb 16, 2008

The Merced Sun-Star missed, mangled and mutilated the Riverside Motorsparts Pork story so badly in alliance with its advertisers bent on stupefying its readers that it still doesn't get it after all this time: Condren and the County changed the zoning on the land to give the planning department and whoever ends up with it almost unlimited powers to develop it as they please. Without that chunk of private property adjacent to the former Castle Air Force Base, now under County control, the base project cannot get foreign trade zone status. And without that status, many local rice bowls will be broken. Condren has a thousand acres to sell under the most permissible zoning available, regardless of the outcome of the CEQA case.

But, for Sonny Star, a new ensemble for another spring makes all last year's bad go away.

The Merced Sun-Star got exactly one story right throughout the approval process for Riverside Motorsports Park: a relatively small one about how approval for the track project hinged on the Merced County Board of Supervisors overriding the Castle Airport Land Commission's refusal to shrink the safety zone on the airport sufficiently so that on paper it would be "safe" to send planes into the Castle strip over the race track. This story evidently caused so much consternation in the chambers of commerce among those "decent" investors that the actual hearing on the override, Sonny Star showed up in force -- two reporters plus the managing editor. The result was a story that added to public confusion.

All the while, RMP was buying those inserts, the greatest campaign to bribe Sonny Star since UC Merced.

Sonny Star, Cameron does not say, endorsed the RMP project.

However, after the approval and Condren stiffed his local investors, Sonny Star printed all kinds of nasty rumors about him in a hit job rivalling the one they did on former DA Gordon Spenser. In both cases Sonny got all the news except any actual indictment, and in Condren's case, all the news came mysteriously after the supervisors had approved the project. In this regard, Sonny's coverage had as much political impact as Supervisor Diedre Kelsey's ex post facto "town hall meetings," which she conducted as if they had the force of public hearings on the project, when they did not.

Also, during the build-up to the project approval, Sonny steadily ignored or bashed opponents of the track, adopting an attitude toward the project as critical and illuminated as that of Carl Pollard, a Merced City councilman at the time, who mumbled things about "jobs" before the supervisors and planning commissioners from time to time.

"Trusting gang of county supervisors"? Badlands published a memo from Condren written over a year before project approval bragging about having four of the five in his pocket already.

"Decent bunch of racing enthusiasts"? While one of those blameless civic leaders, Kenny Shepherd, was managing RMP's Altamont Speedway, a local resident who opposed the reopening of that track was buzzed by helicopters while the project CUP was violated so many times that even the lords of Alameda County government, who frequently forget that that county's line extend over Altamont Pass, were moved to punitive action as residents sued.

The only mistake Condren seems to have made in his long con on Merced County and local investors was in his choice of lawyers, the bloviating Tim Taylor in the lead, whose reply brief in superior court boiled down to a lecture to the San Joaquin Superior Court judge appointed to hear the case: "Now dear," he seemed to say, "we all know that CEQA exists, but you and I know it doesn't really matter, don't we." Taylor and his associate on the RMP case left the firm now suing Condren, and left them holding a $150,000 bill. Presumably his lawyers are holding a million or two of shares in RMP. We have not heard yet from the managing partners in Taylor's new law firm.

Condren and Sonny Star both allege that the credit crisis is making it difficult to impossible for him to raise the necessary funds to build the track. This raises the question of the congressional district in which the project is located, represented by Dennis Cardoza, Shrimp Slayer-Merced, which remains very close to having the highest mortgage foreclosure rate in the nation (second only to Detroit at the moment, according to the lastest reports). Cardoza's political philosophy boils down to: "This office does not get involved in local affairs (although his office is located on the third floor of the County Administration building) except when it comes to making three attempts to gut the Endangered Species Act on behalf of my friends in finance, insurance and real estate." It is a very dubious proposition that Condren didn't see something like the credit crisis coming. The financial press was full of warnings as early as 2006 and Condren's intelligence is not as corrupted as either Cardoza's or Sonny Star's.

Badlands Journal editorial board
------------------

2-16-08
Merced Sun-Star
Condren caught sitting on his last limb...Steve Cameron

http://www.mercedsunstar.com/196/story/145051.html
...A member of Condren's original investment group -- a decent bunch of racing enthusiasts who lost every penny and then were dumped from RMP entirely -- recalled something Condren confided in them quite early in this miserable affair.
"Merced County is the perfect place for the project," Condren told them, "because it's poor, they're hungry for any big new idea and they're dumb enough to approve anything."
Sadly, Condren's cruel analysis was correct, at least in part.
RMP did sail past a trusting gang of county supervisors who should have done a whole lot more homework.
He also found a lot of honest, hopeful Merced County business folk to rally around him -- promising the moon but later failing even to pay his bills.
It's ironic that Condren, who has masked so much of his business in a blizzard of confusing documents and legal mumbo-jumbo, now finds his ultimate exit speeded up by a group of angry attorneys.
Talk about justice with a smirk. This is it.
One of the first rules of the free-market jungle is never forgetting to pay your lawyers.
But our boy John did it, signing a promissory note for $147,000 to clear up his bills with the firm of Somach, Simmons & Dunn.
When he couldn't or didn't come up with the money, they sued...

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Merced County sued for reducing Castle Airport noise and safety zone to benefit racetrack project

Submitted: Mar 16, 2007

MERCED (March 16, 2007) -- Two local environmental groups filed suit Thursday in Merced County Superior Court against Merced County, the Board of Supervisors and Riverside Motorsports Park, LLC under provisions in the State Aeronautics Act and the California Environmental Quality Act (CEQA).

San Joaquin Raptor Rescue Center and Protect Our Water challenged the December 12 Board of Supervisors' decision to override the Castle Airport Land Use Commission and reduce the diameter of the noise/safety restricted zone around the airport sufficiently to permit Riverside Motorsports Park to built its facility nearby.

The two local environmental groups petitioned the court for a writ of mandate to set aside the Dec. 12 override on the basis that it violates the Aeronautics Act and CEQA, to make adequate findings of fact, prepare, circulate and consider legally adequate environmental review for the override, and suspend activity that could result in any change of alteration of the physical environment until the override is legally compliant.

The causes of action for the suit are Merced County's abuse of discretion under the Aeronautics Act and CEQA, including:

· Failure to make fact-specific findings required by the Aeronautics Act;

· Failure to set forth findings sufficient to bridge the analytical gap between the raw evidence and the ultimate Board decision to reduce the size of the airport noise/safety zone;

· Failure to analyze the environmental impacts of the override under CEQA;

· Failure to consider the override a project under CEQA;

· Failure to provide any findings as required by CEQA on a project.

"In a nutshell, the Board could not certify the racetrack environmental impact report without reducing the size of the airport's noise/safety zone," said Lydia Miller, president of the Raptor Center.

"We are represented by the skilled and experienced environmental law firm of Don Mooney and Marsha Burch,"Miller added.

The petition is attached.

For further information contact:

Lydia Miller

San Joaquin Raptor Rescue Center

Merced CA 95341

(209) 723-9283

DONALD B. MOONEY

MARSHA BIRCH

Law Offices of Donald B. Mooney

Davis CA 95616

(530) 758-2377
---------------------

The petition:

DONALD B. MOONEY (SBN153721)
MARSHA A. BURCH (SBN 170298)
LAW OFFICES OF DONALD B. MOONEY

Telephone: (530) 758-2377
Facsimile: (530) 758-7169

Attorneys for Petitioners
San Joaquin Raptor Rescue Center
and Protect Our Water

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MERCED

SAN JOAQUIN RAPTOR RESCUE
CENTER; and
PROTECT OUR WATER
Case No.:

Petitioners,
VERIFIED PETITION FOR WRIT OF MANDATE
v. COUNTY OF MERCED; MERCED COUNTY BOARD OF SUPERVISORS; AND DOES 1-10

Respondents.

RIVERSIDE MOTORSPORTS .
PARK, LLC and DOES 11-100

Real Parties in Interest.

Code Code Civ. Proc. § 1094.5; State Aeronautics Act, Pub. Res. Code
§§ 21676.5 and 21670; and CEQA, Pub. Res. Code § 21000, et seq.

INTRODUCTION

1. By this action, Petitioners San Joaquin Raptor Rescue Center and Protect Our Water (“Petitioners”) challenge the action on December 12, 2007, by the County of Merced and the Merced County Board of Supervisors (“County” or “Respondents”) overruling a finding of inconsistency by the Merced County Airport Land Use Commission (“ALUC”) between the Merced County Airport Land Use Plan and the Riverside Motorsports Park Project (the “Override”). Petitioners allege that these actions violate the Public Utilities Code, specifically the State Aeronautics Act (Public Utilities Code §§ 21670 and 21676.5) (the “Act”). Petitioners also allege violation of the California Environmental Quality Act (“CEQA”) Public Resources Code section 21000 et seq., as a result of Respondents’ failure to conduct environmental review of the discretionary Override decision. Petitioners seek a determination from this Court that Respondents’ action in overriding the inconsistency determination of the ALUC is invalid and void as contrary to law and/or an abuse of discretion.
PARTIES
2. Petitioner San Joaquin Raptor Rescue Center is a non-profit group that works for preserving wildlife habitats and the environment in general in the San Joaquin Valley and Merced County area. To that end, it is involved in efforts to protect the resources of the Valley, including air and water quality, the preservation of agricultural land, and the protection of wildlife and its habitat. The Center also is committed to public education regarding these various issues and ensuring governmental compliance with the law of this state. The Center is composed of persons whose economic, personal, aesthetic, and property interests will be severely injured if the adoption of the project is not set aside pending full compliance with CEQA and all other environmental laws. Center members utilize and enjoy the County's and State's natural resources. The Center brings this petition on behalf of all others similarly situated who are too numerous to be named and brought before this court as petitioners. As a group composed of residents and property owners generally within the San Joaquin Valley and specifically in Merced County, the Center is within the class of persons beneficially interested in, and aggrieved by, the acts of respondents as alleged below. Members of the Center participated in the administrative processes herein, and exhausted its remedies. Accordingly, the Center has standing to sue.
3. SJRRC and its members have a direct and substantial beneficial interest in ensuring that Respondents comply with the laws relating to environmental protection, safety and land use issues. SJRRC is affected by Respondents’ failure to comply with the Act.
4. Petitioner Protect Our Water is an unincorporated association formed in 1998 for the purpose of increasing the awareness, appreciation, and preservation of the environmental resources within the Central Valley region of central California, as well as within other areas of the State of California. POW aims to protect natural resources and the environment and to uphold the integrity of environmental and land use planning and review processes. POW’s membership includes residents and property owners within Merced County and the San Joaquin Valley in general, and as such is within the class of persons beneficially interested in, and aggrieved by, the acts of Respondents as alleged below. POW participated in the administrative processes herein, has exhausted its remedies, and has standing to sue.
5. POW and its members have a direct and substantial beneficial interest in ensuring that Respondents comply with the laws relating to environmental protection, safety and appropriate land use planning. POW is affected by Respondents’ failure to comply with the Act.
6. Respondent Merced County is a political subdivision of the State of California and a body corporate and politic exercising local government power. Merced County is responsible for compliance with the Act.
7. Respondent Merced County Board of Supervisors is a legislative body duly authorized under the California Constitution and the laws of the State of California to act on behalf of the County of Merced. Respondent Merced County Board of Supervisors are responsible for regulating and controlling land use within the County including, but not limited to, compliance with California land use laws, including the Act.
8. Petitioners are unaware of the true names and capacities of Respondents identified as Does 1-10. Petitioners are informed and believe, and on that basis allege, that Respondents Does 1-10, inclusive, are individuals, entities or agencies with material interests affected by the Override. When the true identities and capacities of these Respondents have been determined, Petitioners will, with leave of Court if necessary, amend this Petition to insert such identities and capacities.
9. Real Party In Interest Riverside Motorsports Park, LLC is a California Limited Liability Company and conducting business in the state of California. RMP is the applicant for and beneficiary of the County’s general plan amendments, zoning changes, and certification of the Riverside Motorsports Project (“Project”), the subject of the ALUC’s inconsistency determination, which was overridden by Respondents.
10. Petitioners are currently unaware of the true names and capacities of Does 11 through 100, inclusive and therefore sue such unnamed Real Parties in Interest by their fictitious names. Petitioners are informed and believe and thereon allege, that fictitiously named Real Parties in Interest have an interest in the subject of this Petition. When the true identities and capacities of Real Parties in Interest have been determined, Petitioners will, with leave of Court if necessary, amend this Petition to include such identities and capacities.
BACKGROUND FACTS
9. The RMP Project is proposed for construction on 1,187 acres of agricultural land located east of the City of Atwater in the County of Merced. Castle Airport (formerly Castle Air Force Base) and the Castle Specific Urban Development Plan area are located immediately southwest of the Project site.
11. The RMP Project is proposed to include the construction of a regional motorsports recreation, entertainment and commercial business facility.
12. The Notice of Preparation (“NOP”) of the environmental document for the Project was originally circulated to the Governor’s Office of Planning and Research on July 22, 2003. Following release of the NOP, revisions to the Project description were identified by RMP that required the NOP’s recirculation. The NOP was recirculated on March 14, 2005 for a 30-day comment period.
13. On October 1, 2003, the ALUC made a determination that the Project is inconsistent with the Merced County Airport Land Use Plan.
14. On December 12, 2006, the Merced County Board of Supervisors, relying upon Public Utilities Code section 21676(b), overrode the ALUC’s inconsistency determination, approving Resolution 2006-189. Resolution 2006-189 is attached hereto as Exhibit A and made a part hereof by this reference.
15. Resolution 2006-189 includes conclusory findings regarding noise impacts related to the Override, but the Resolution does not include any specific findings of fact related to safety. The findings do not include any reference to environmental review for the Override, nor do they include findings required by CEQA.
16. On December 12, 2006, the same date Resolution 2006-189 was adopted by Respondents, Respondents certified the Final Environmental Impact Report for the RMP Project.
17. On December 19, 2006, the Board of Supervisors approved the General Plan Amendment to expand the existing Castle Specific Urban Development Plan boundaries to include the Project site; approve the amendment to the Circulation Chapter of the General Plan; approve the amendment to the Merced County Zoning Code to change the existing zoning designations on the Project site from General Agriculture (A-1) and Exclusive Agriculture (A-2) to Planned Development (PD); remove the Project site from the Agricultural Preserve Area; and approve the Master Plan.
JURISDICTION AND VENUE
18. This Court has jurisdiction over the alleged violations of the Act contained in this Petition pursuant to Code of Civil Procedure section 1904.5. With respect to the CEQA cause of action, this Court has jurisdiction over this action pursuant to sections 1085 and 187 of the California Code of Civil Procedure and section 21168.5 of the California Public Resources Code. Petitioners believe that this action is properly brought as a petition for writ of mandate under those provisions. However, should this Court conclude that this action cannot be properly be brought as a petition for a writ of mandate, petitioners request that this Petition be construed as a petition for writ of administrative mandamus (for which jurisdiction would lie pursuant to Code of Civil Procedure sections 1094.5 and 187, and Public Resources Code section 21168), or for other appropriate extraordinary relief.
19. Venue for this action properly lies in the Superior Court for the State of California in and for the County of Merced pursuant to section 394 of the Code of Civil Procedure.

EXHAUSTION OF ADMINISTRATIVE REMEDIES
AND INADEQUACY OF REMEDY

20. Petitioners have performed any and all conditions precedent to filing the instant action and have exhausted any and all available administrative remedies to the extent required by law. Petitioners timely submitted written comments on the Override.
21. Petitioners have no plain, speedy or adequate remedy in the course of ordinary law unless this Court grants the requested writ of mandate to require Respondents to set aside their Override. In the absence of such remedy, Respondents’ approvals will remain in effect in violation of State law.
22. This action has been brought within 90 days of the Override as required by Code of Civil Procedure section 1094.6.
STANDING
23. Petitioners have standing to assert the claims raised in this Petition because Petitioners and their members’ environmental interests are directly and adversely affected by the County’s Override.

ARBITRARY AND CAPRICIOUS ACTIONS
24. Petitioners bring this action on the basis, among others, of Government Code section 800, which awards Petitioners’ attorneys’ fees in actions to overturn agency decisions that are arbitrary and capricious, such as the decisions here in question.
FIRST CAUSE OF ACTION
(Abuse of Discretion)
Violations the State Aeronautics Act
Public Utilities Code section 21001, et seq.
25. Petitioners reallege and incorporate by reference Paragraphs 1 through 24, inclusive, of this Petition, as if fully set forth below.
26. Respondents committed a prejudicial abuse of discretion and failed to proceed in a manner required by law by failing to make fact-specific findings as required by the Act, and failed to set forth findings sufficient to bridge the analytical gap between the raw evidence and the ultimate decision.
27. Respondents violated the Act in failing to make findings sufficient under Public Utilities Code section 21676(b) and as required under Code of Civil Procedure section 1094.5.
28. Respondent’s failure to comply with the requirements of the Act renders the Override inadequate as a matter of law and requires that Respondent’s decision be set aside.

SECOND CAUSE OF ACTION
(Abuse of Discretion)
Violation of CEQA, Public Resources Code, § 21000 et seq.

29. Petitioner realleges and incorporates herein, as if set forth in full, each and every allegation contained in paragraphs 1 through 28 of this petition and further allege as follows:
30. Respondents have abused their discretion and failed to act in the manner required under CEQA with respect to the Override because they have failed to analyze its environmental impacts, and failed to make any determination at all with respect to the applicability of CEQA to the Override determination.
31. CEQA applies to “discretionary projects proposed to be carried out or approved by a public agency.” (Pub. Resources Code § 21080(a).) Approval of the Override was a “Project” under CEQA because the Override is an activity carried out, supported by, or authorized by a public agency, “which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (Pub. Resources Code § 21065; Guidelines § 15378(a).)
32. Respondents made no CEQA findings related to the Override. Accordingly, Respondents’ Override should be set aside.
PRAYER FOR RELIEF
WHEREFORE, Petitioners pray for judgment as follows:
1. That this Court issue a peremptory writ of mandate ordering the County to:
(a) vacate and set aside its December 12, 2006, Override on the ground that it violates the State Aeronautics Act, Public Utilities Code section 21001 et. seq.;
(b) prepare adequate findings of fact, including findings bridging the analytical gap between the raw evidence and the ultimate decision;
(c) vacate and set aside its December 12, 2006, Override on the ground that it violates the California Environmental Quality Act, Public Resources Code section 21000 et seq.;
(d) prepare, circulate and consider legally adequate environmental review for the Override;
(e) suspend all activity that could result in any change or alteration to the physical environment until Respondents have taken such actions as may be necessary to bring its determination, findings or decision regarding the Override into compliance with the Act and CEQA;
2. For Petitioner’s costs associated with this action;
3. For an award of reasonable attorneys’ fees pursuant to Code of Civil Procedure section 1021.5; and
4. For such other and further relief as the Court may deem just and proper.

Respectfully submitted,

LAW OFFICES OF DONALD B. MOONEY

Dated: March ___, 2007

By Donald B. Mooney
Attorney for Petitioners
San Joaquin Raptor Rescue Center, and
Protect Our Water

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McClatchy-Merced launches investigation of RMP chief John Condren

Submitted: Jan 29, 2007

McClatchy-Merced is digging up dirt on John Condren, CEO of the Riverside Motorsports Park, whose massive auto-racing project was approved last month by the Merced County Board of Supervisors.

Before going into what meager details the investigation has so far revealed, a little perspective on McClatchy's recent "news" offerings is required.

Big McC- Modesto reported Sunday that "visionaries" see a whole new city growing up in northern Merced County, made of unincorporated Delhi, Hilmar and Stevinson, housing as many as 50,000 people. McClatchy-Modesto goes on to report a big meeting on this subject between Rep. Dennis Cardoza and Turlock Mayor John Lazar. The article presents Riverside Motorsports Park, which claims it will produce 50,000 more people for feature events, as the anchor entertainment tenant for north Merced County growth. Much is said about sewer capacity, but Hostetler's totally illegal, 42-inch sewer trunk line aimed toward Stevinson from Livingston's sewer plant is not mentioned. Supervisor Diedre Kelsey, in whose district most of this growth is envisioned to happen, said:

"We just spent five years and more than a million dollars on the Delhi Community Plan. Then the county waltzes in and throws this out without letting me know about it. "Why do we create these (growth plan) committees, tell them we're going to work with them, then shaft them?" Kelsey continued. "I am not a happy camper. I hate to be a scold, but something has to change. We're going to get San Jose gridlock if we don't think a little smarter."

Elsewhere in the pages of local McClatchy outlets a different story is being told: of a mounting foreclosure rate, of developers walking away from options, of the end of the speculative housing boom. However, this obese media conglomerate tells the story strictly from the point of view of finance, insurance and real estate interests. Faced with real news about the tragedies unfolding throughout the north San Joaquin Valley, they quote predators blaming their victims, who are not interviewed about who qualified them for loans they did not understand, who foreclosed on their mortgages and what these victims of predatory lending and real estate huckstering are going to do now.

McClatchy has made a fortune off real estate and finance advertising, urging everyone to "realize the dream of home ownership" in one of the nation's least affordable housing markets. Thousands of speculators plunged into this market, now renting their properties for a quarter or a third the price of the mortgage.

Rising foreclosure rates are beginning to look a bit like the number of dead rodents observed at the beginning of plague outbreaks. The former Pombozastan, the 11th and 18th congressional districts of the north San Joaquin Valley, nationally famous for its aggression against federal environmental law and regulation, is drowning in red ink.

McClatchy is now reduced to writing stories about visions of growth to show it stands squarely behind the disappearing advertising revenue of the huckster class in a region without the jobs to stimulate the demand for housing. This boom was caused by a surplus of real estate speculation, not by genuine demand for housing that few locals could afford except for awhile through time-bomb loans.

In California, land-use decisions are made predominantly by city councils and county boards of supervisors. Reason and legislative intent would suggest that these elected officials would have some care for the health and welfare of their existing communities and would not fall for each and every vision produced by huckster speculators.

Obviously, that is not how it works. The huckster comes to the local land-use authority with a project. If it is sizeable, the huckster provides planning help and biologists to fashion the environmental documents to suit the needs of their employer. Local land-use officials judge the veracity of these documents by weight: the heavier they are the better their arguments must be.

Meanwhile, the huckster has signed an indemnification agreement with the local land-use authority, stating that if some members of the public sue the land-use authority for its approval of the project's environmental documents, regardless of the merits of the public's case, the huckster will pay all legal costs arising from the lawsuits.

Indemnification allows elected officials to treat public opposition to development projects with complete contempt -- and they do. They don't read comment letters and they frequently insult opponents of development when they testify. They just pass the public comment letters on to the hucksters' lawyers. "Your problem now." As long as it doesn't cost the city or county anything in legal expenses, why not approve it?

The answer to that question lies in the legal briefs of the lawsuits brought against those projects. These briefs are taboo topics for the newspapers. Lawsuits against development projects represent opposition to the hand that fattens McClatchy. The conglomerate media chain considers its own interests and allies itself with special interests rather than the common good. McClatchy's idea of a story on the impending environmental disaster in the north San Joaquin Valley is to support Cardoza-UC/Great Valley's call for wider highways, more parkways and more highway interchanges?

McClatchy-Sacramento has now taken to calling people who defend the laws of public process in California "voyeurs." It is a laughably fake journalism to write a story about the Brown Act, which provides Californians with open meeting laws, while simultaneously calling people who insist on their rights under the act as "voyeurs." This attack includes the unsubtle suggestion that if one is not a Big McC professional journalist, he should not be sticking his nose in public business. We have reached a point in most of Central California that what the McClatchy Co. says is news is the only news.

If members of the public Big McC labels "voyeurs" protest that a land-use authority has violated the Brown Act, the politicians say, "Who cares? We're indemnified."

Rather than face the issues on the Riverside Motorsports Park, now that its environmental review has been approved and two lawsuits have been filed against it, Big McC Merced has launched a terrific personal attack on John F. S. Condren, CEO for RMP.

It seems that McClatchy-Merced rag was provided a big bucket of the well known substance and instructed to throw at at the barn door to see what stuck. This, after it endorsed the project and misled potential litigants about the deadline for filing lawsuits against it. Real investigative reporting would have started by reading the environmental impact reports on the project, the briefs of the suits filed against it, and familiarity with basic environmental law.

A racetrack huckster is accused of having lied about his resume.

This is news?

From the standpoint of public health and safety, are the lies Condren is accused of telling on his resume more important than the environmental impacts of his project? Is the story that he may have bilked some Mormon investors in Nauvoo, IL more important than that his project may finally solidify the San Joaquin Valley's position as the worst air pollution basin in the United States, surpassing Los Angeles at last? Is the story that this man went bankrupt twice more important than what his project would do to traffic congestion on narrow county roads used for farm equipment transport, moving cows on foot, or for moving huge quantities of nuts to local processors during the harvest season?

And what about some sort of perspective on the project? What is the point of bringing an eight-track major stockcar venue, which will attract up to 50,000 spectators on feature event days, at the same time as US military forces are losing one war for oil resources and about to start another? What is the message here? We should worship the automobile, the ultimate cause of our resource wars? Or have we been simply inundated with propaganda through our McClatchy outlets for so long we don't know any better? The University of Calfornia has already contaminated groundwater near Tracy with depleted uranium at its bomb-testing site, and now it wants to build a biowarfare lab there, testing the most dangerous toxins known to man. But for years, our conglomerate media has been selling visions -- the sales pitches of private and public hucksters. From Carol Tomlinson-Keasey, the Cowgirl Chancellor of UC Merced through Condren, we've been fed a steady diet of their greedy dreams, based on the exploitation of our land, water, air, and economy?

The problem McClatchy now faces is that all those greedy visions were profit centers for the newspapers. Now they are disappearing, leaving a foreclosure glut in place of a speculative boom in real estate. People in foreclosure are not good advertisers.

McClatchy also faces a crisis in political access. The Pomboza is defunct, Cardoza failed to gut the Endangered Species Act, UC Merced failed to ram its mitigation through federal agencies and is being sued on its community plan, Cardoza and irrigation districts failed to destroy the San Joaquin River Settlement, and -- through the Riverside Motorsports Park approval -- the Merced County Board of Supervisors has been revealed possibly to have been the marks in a long confidence game, which does not inspire confidence in the veracity of their obligatory quotes.

Didn't anyone remember Anne Eisenhower, the "president's granddaughter"? The blonde with the big hats, the big plans for Castle and the non-existent investors? Didn't anyone at the McClatchy outlet remember the immortal lead of pre-McClatchy reporter, Gary L. Jones, on another scam at Castle: "Ding, ding, ding goes the bell. Bounce, bounce, bounce goes the check"?

The factual situation is that two lawsuits have been filed against the Merced County Board of Supervisors, the elected county land-use authority, and a limited liability company called Riverside Motorsports Park. Petitioners argue that the board's approval of the project was illegal for a number of reasons.

There is always dirt. The hit on Condren raises questions.

Who wants the dirt dug up?

When do they want it dug up? (There is very little in this information that was not available before the board approved the project)

Why do they want it dug up?

Are any members of the Nicholson Co. related to county Assistant Planning Director Bill Nicholson?

Other, more speculative questions include:

If Condren truly is the former Nauvoo bunco artist the paper portrays him to be, is it possible, through a shell game with companies, he has managed to escape the indemnification agreement with the county?

If its indemnification is shaky and Condren is absent, what will the county do?

Could these cases lead to judicial review of the corrupt practice of development-project proponents indemnifying the land-use authorities charged with approving their projects under the California Environmental Quality Act?

If Condren actually did break some serious laws and was indicted, what testimony could he offer about how approval of the racetrack project was obtained?

Badlands editorial staff
------------------------------

Notes:

1-29-07
Merced Sun-Star
Numbers don't add up for RMP -- never did...Steve Cameron
http://www.mercedsunstar.com/columnists/story/13242383p-13878034c.html
Apparently John Condren, the traveling start-up guru who insists he can plop a $250 million racing complex onto a local almond orchard, fudged a bit on the resume he's been selling. Condren's now had to change several things on his Web site bio and backpeddle on a few other curious tidbits... Imagine how that news might play with his would-be partners at NASCAR... Whatever Condren's background and how much of it might be true, it really isn't going to matter much if we're talking about the future of Riverside Motosports Park -- and more specifically, whether Merced County ever might be home to a massive auto-racing project with a price tag in the neighborhood of a quarter-billion bucks. The thing's never going to happen. ...the super-sized monster that Condren's been pitching to Merced politicians and business leaders doesn't have a chance in hell. Never. ...some good news...ultimately we'll see a racing complex built somewhere in the general vicinity of Castle Air Force Base...whatever turns up won't be anything like Condren's proposed Disneyland-with-engines. And it'll cost less...with a price tag somewhere in the $20 million range is not only feasible, it makes good business sense. But the guy's history suggests ideas involving monstrous amounts of money -- not to mention a couple of bankruptcies -- and he definitely enjoys living large... Nobody in Merced County ever has done any serious checking about this kind of megacomplex and where anyone would find the money to build it, so let me help you out. I've talked to people at NASCAR, to track operators, to investment firms who loan money for such things -- and most of them think I'm joking when they hear the full Riverside proposal. "There is no way -- none -- that you could spend $250 million for any kind of auto racing complex in Merced County unless you're Bill Gates and doing it just for a hobby. "It is totally impossible for a racing facility there -- a place without Nextel dates, on top of it -- to generate a fraction of the revenue necessary to handle the debt service just to build the thing. Consider AT&T Park, the San Francisco Giants' sparkling facility that cost well north of $350 million when it was privately financed a few years ago...Principal owner Peter Magowan couldn't find a bank in California to loan the $175 million... If that's a problem for the Giants with their string of sellouts and major advertising deals...imagine where on earth anyone would find that kind of money running a motorsports complex which -- sorry for this -- is still considered in the middle of nowhere? "There just aren't going to be 50,000 people coming to Merced County for what would be middle-tier racing at best," admitted a member of Condren's original investment group. "It won't work the way he's been selling it, and it was never going to work." Nope.

Modesto Bee
Tee up 9 more holes, a town?...Garth Stapley
http://www.modbee.com/local/story/13242325p-13877977c.html
TURLOCK -- The men behind JKB Homes...In fields beyond 60 older homes in two nondescript subdivisions bordering the Turlock Golf & Country Club, the builders envisioned a new town...if allowed by Merced County leaders: Add nine holes around which thousands of homes could be built. Plans covering 1,600 acres also feature a village center with shops, lakes and two sites for future Hilmar Unified School District schools. But the focal point remains the golf course. Built in 1925, it's surrounded mostly by dairies and open farmland. In May, JKB quietly submitted a request to Merced County officials for a "guidance package," or a preliminary development plan and schedule. A response from the county is expected in a few months.

1-28-07
Modesto Bee
Gearing up for Growth...Garth Stapley...EDITOR'S NOTE: First in a two-part series.
http://www.modbee.com/local/story/13240230p-13875857c.html
A rural swath straddling two counties south of Turlock could be teeming with new homes and tens of thousands of people in the next couple of decades. If plans materialize, unassuming, unincorporated Stevinson, Delhi and Hilmar, plus a new town proposed between the last two, collectively could produce about 50,000 more people. That's like squeezing what would be Merced County's second-largest community, in terms of population, into a relatively compact, unincorporated patch of north Merced County. Turlock is eyeing a southward growth surge... Visionaries see the area producing one of the state's next cities. That would be Delhi...next door, developers want a new, unincorporated town to spring up around the Turlock Golf & Country Club...down the road in Atwater, plans roll on for an eight-track, $240 million raceway complex... The potential for a significant growth wave came up last week in a Washington, D.C., lunch meeting between Rep. Dennis Cardoza and Turlock Mayor John Lazar... But the very prospect of that many more cars, homes and people demands close attention, said Merced County Supervisor Deidre Kelsey, who represents most of the area in the potential growth explosion. "We're going to have to approach growth in a very moderate, phased, well-planned method," Kelsey said, "or we're going to have pandemonium." Holding back the tide for now is a lack of adequate asphalt. Roadway, exit changes needed...Charlie Woods, Turlock's community development director. "The whole key is having a connection to 99." Merced County planners will continue shaping a growth plan for Hilmar that would allow it to double in size...owners of land around the famed Stevinson Ranch golf course will bide their time, hoping someday to see nearly 19,000people where now there are 400...Delhi remains the developers' best hope in the near future. Stores would bring tax revenue...That would change in a big way with new shopping centers along Highway 99...stores, planners say, could provide a tax base needed for Delhi to become a city. The advisory council studies and debates and recommends, but has no real control over Delhi's destiny. That power rests with the Merced County Board of Supervisors, whose five members have only one -- Kelsey -- representing the town. A 3-2 majority last month sold out Delhi, Kelsey said, with a vote favoring the Riverside Motorsports Park. Planners went behind her back, she said, to justify a traffic route to the complex from interchanges in and near Delhi. "I'm fairly well disgusted," Kelsey said. "We just spent five years and more than a million dollars on the Delhi Community Plan. Then the county waltzes in and throws this out without letting me know about it. "Why do we create these (growth plan) committees, tell them we're going to work with them, then shaft them?" Kelsey continued. "I am not a happy camper. I hate to be a scold, but something has to change. We're going to get San Jose gridlock if we don't think a little smarter." Sewage expansion...Supervisors supporting the raceway say it presents a golden opportunity to give Merced County a much-needed economic shot in the arm. Delhi's advisory council members, meanwhile, are preoccupied with a more immediate problem: sewage. Retailers will follow homes...Some growing communities require a certain amount of commercial and industrial development as a condition of approving more homes, to keep from becoming too much of a bedroom community, which Delhi already is. Homes cost the government more in police, park and other services than their property taxes provide. But Delhi movers and shakers are resigned to first welcoming more houses, whose developers -- they hope -- will provide the infrastructure needed to lure retailers. Future Growth Hot Spots...Southeast Turlock, Riverside Motorsports Park, Delhi, 99-165 project, Turlock Golf & Country Club, Hilmar & Stevinson

Sewers plug up the plans for Delhi...Garth Stapley
http://www.modbee.com/local/story/13240225p-13875848c.html
A small water and sewer district with a record of chronic environmental violations appears to stand in the path of this town's hope to become a real city. Incorporation could follow huge shopping centers — with a treasure chest of sales taxes — envisioned in Delhi's recently adopted growth plan. But any new stores, not to mention 5,500 more homes, depend on adequate sewer capacity. Home builders hoping to mine gold from the future growth explosion say they are increasingly irritated with foot dragging by the Delhi County Water District... Central Valley Regional Water Quality Control Board says Delhi's plant for years has discharged into the earth twice the maximum amount of organic matter allowed by law. 'District has not moved forward'...Bert Van Voris, a supervising engineer with the water quality control board, said the plant also polluted groundwater when nitrates leached from a pile of solids mucked from the plant's storage ponds. And, the plant needs more disposal land for the amount of wastewater it treats... Merced County Supervisor Deidre Kelsey, who represents Delhi, described sewer board members as "real old school" and "always complaining." "The water board has the ability to lead the incorporation effort," Kelsey said. "But they're just contrary. They don't want to do anything."

Fresno Bee
Revving up air district. Regulators must become more aggressive in struggle for clean air...Editorial
http://www.fresnobee.com/274/story/26640.html
The San Joaquin Valley Air Pollution Control District has presided over some improvements in air quality since its inception in the early 1990s, but most of its achievements have been driven by outside influences, usually lawsuits by environmentalists or legislation from Sacramento...for example, new regulations governing pollution from Valley agriculture. A number of them have been put in place, against strong opposition from the ag community. But it wasn't the air district that pushed for those changes, it was state Sen. Dean Florez, who managed to get a package of legislation out of Sacramento that has done a great deal to reduce pollution from ag sources. Part of the air district's problem is structural...makeup of the district's governing board is dominated by politicians who are largely beholden to special interests, many of whom are more interested in protecting a profitable status quo than they are in cleaner air. There have been efforts to alter the makeup of the board by adding scientists and environmental voices to the panel, as well as permanent seats for representatives of the largest cities in the eight-county district. Those efforts have been fought tooth-and-nail by the county supervisors who dominate the governing board. The district's leaders have noted that they have no control over so-called "mobile sources," emissions from vehicles... That's true. Federal and state agencies are charged with regulating those emissions, and they haven't been go-getters themselves - especially the feds under the Bush administration. But the air district has been noticeably reticent when it comes to agitating for changes that might actually help reduce vehicular pollution. The district has a pulpit - why isn't it being used to bully recalcitrant federal and state officials into action? The clock is ticking for hundreds of thousands of Valley residents... Many people are fleeing, and others are not moving here because of the filthy air. The status quo is killing people. It's time for the San Joaquin Valley Air Pollution Control District to shift to a higher gear. If it can't, perhaps we need to trade it in on a newer, more aggressively air-friendly model.

1-27-07
Merced Sun-Star
Is John Condren really who he claims to be?...Corinne Reilly, Leslie Albrecht contributed to this story
http://www.mercedsunstar.com/local/story/13237439p-13873173c.html
Riverside Motorsports Park CEO John Condren has billed himself as a skilled corporate executive and entrepreneur who has successfully launched, managed and sold companies across the country and around the world. But a Sun-Star investigation into Condren's professional past has revealed another picture of the businessman who has promised to build a quarter-billion-dollar racetrack complex that could change the face of Merced County. It's marked by bankruptcies, failed businesses and unpaid debts. Some of the claims Condren has made about his professional past, as posted in a profile that appeared on RMP's Web site, are either embellished or false, the Sun-Star has found. The profile was altered to correct some of the inaccuracies on Wednesday, following inquiries from the Sun-Star. Controversy drew the spotlight...Since initial environmental reviews of Condren's proposal were released in November 2005, the project has become perhaps the most controversial in local history. The debate included little discussion of Condren's professional past and Condren has remained guarded about his background and the project's financial backing, twice declining interviews with the Sun-Star for a profile story. Numerous Web biography inaccuracies... Two bankruptcies were filed... Condren maintains his failed businesses and bankruptcies are no reflection on his ability to manage his current undertakings.A statement attributed to RMP's board of directors that Condren sent the Sun-Star this week said RMP's "board and the company's investors and shareholders are extremely pleased with the integrity, honesty, focus, leadership and resolve shown by Mr. Condren over the last six-and-one-half years that he has led the company."

Farmland skyrocketed in value in racetrack plan...Leslie Albrecht
http://www.mercedsunstar.com/local/story/13237445p-13873182c.html
While the debate over the Riverside Motorsports Park grabbed headlines last year, another story quietly unfolded: how a swath of farmland tucked behind a decommissioned Air Force base, a chicken ranch, and a federal prison came to be worth $12 million. The following timeline traces how it happened.
1930s: The Morimoto family, Japanese farmers, settle in Merced County. They acquire the property northeast of the future Castle Air Force Base over the next several decades, according to the cultural resources section of the Riverside Motorsports Park environmental impact report....1999: The Morimotos propose building a 376-acre industrial park called Pacific ComTech on the property adjacent to Castle Air Force Base...Oct. 5, 2001: John Condren registers Riverside Motorsports Park as a limited liability company with the California secretary of state...Oct. 16, 2002: The Airport Land Use Commission votes unanimously that Pacific ComTech Industrial Park is compatible with the Airport Land Use Compatibility Plan...Late 2002: John Condren pitches his racetrack idea to The Nicholson Co...Dec. 17, 2002: The Board of Supervisors approves Pacific ComTech Industrial Park...Jan. 17, 2003: Two local environmental groups, the San Joaquin Raptor Rescue Center and Protect Our Water, file a lawsuit against the county over the approval of the Pacific ComTech Industrial Park...March 18, 2003: The Nicholson Co. creates a partnership called Race Ranch LP ...March 20, 2003: Race Ranch LP buys the 1,300 acres adjacent to Castle from the Morimotos for $5,143,000...March 25, 2003: Race Ranch LP takes out a $4,225,000 mortgage on the property with Wells Fargo Bank in San Francisco...April 8, 2003: The Board of Supervisors meets in closed session and approves a settlement agreement with the San Joaquin Raptor Rescue Center and Protect Our Water. The settlement reverses approval of Pacific ComTech Park. The property reverts to agricultural zoning and is removed from the Castle Specific Urban Development Plan area....Aug. 12, 2003: Riverside Motorsports Park LLC publicly announces plans to build...Oct. 1, 2003: The Airport Land Use Commission votes unanimously that the Riverside Motorsports Park is not compatible with the Airport Land Use Compatibility Plan...Nov. 2005: Merced County releases the draft environmental impact report...September 2006: John Condren registers another LLC, called RMP Agricultural Group, with the Secretary of State...
Dec. 12, 2006: The Board of Supervisors votes on the first series of actions required to allow Riverside Motorsports Park to go forward. The environmental impact report is certified, the land is rezoned from agricultural to planned development and added to the Castle Specific Urban Development Plan, and the board overrules the Airport Land Use Commission's finding the RMP is not compatible with the Airport Land Use Compatibility Plan.
Dec. 18, 2006: Race Ranch LP sells the 1,300 acres near Castle to Riverside Motorsports Park LLC for $12,254,000.
Dec. 18, 2006: Riverside Motorsports Park LLC takes out a $12,500,000 mortgage with Missouri-based First Bank. Condren would not say how much his mortgage payments will be, but he says the profits from 700 acres of almonds on the land and rent paid by farmers leasing the land will cover them.
Dec. 19, 2006: The Board of Supervisors casts final votes to approve the Riverside Motorsports Park by approving the General Plan amendment. RMP has two years to submit a development plan to the county. If it does not meet that deadline, the Board of Supervisors must vote on whether to reverse the zoning and land-use changes approved for RMP, said county spokesman Mark Hendrickson. As the zoning stands now, only a raceway complex can be built on the RMP site. "If they wanted go out there and build a shopping mall, they couldn't do it, it would have to be a multi-venue racetrack," said Hendrickson.
Dec. 21, 2006: Riverside Motorsports Park LLC leases the 1,300 acres to Hull Farms LLC, another company under The Nicholson Company. According to the lease memorandum filed in the county recorder's office, Hull Farms has an option to buy the land that expires in November 2009. Hull Farms and RMP also signed a subordination agreement that says if First Bank forecloses on RMP's mortgage, the lease remains intact, including Hull Farms' option to purchase the land. Both Condren and The Nicholson Company say it's unlikely Hull Farms will exercise its option to buy the 1,300 acres. The option, Condren said, was included in the lease as a "safety valve" in case the Board of Supervisors did not approve the project. Condren said he has no intention of selling the land. Why would I ever put myself in a position to lose the property after we worked so many years?" Condren said. "Why would I sell it when I can build a motorsports park there that's worth way more? Tenacity is my middle name." Condren predicted that the raceway complex will be up and running by the time Hull Farms' option to buy expires. The Nicholson Company could help construct some buildings on the RMP site, said Craig Nicholson, but no formal agreement is in place. Condren also offered The Nicholson Company "membership options" in Riverside Motorsports Park LLC, but The Nicholson Company is not a partner in RMP at this point, Nicholson said.
Jan. 18, 2007: The San Joaquin Raptor Rescue Center, Protect Our Water, Citizens for the Protection of Merced County Resources, and the California Farm Bureau Federation sue the county over the Board of Supervisors' approval of Riverside Motorsports Park. All four groups say the county failed to adequately study RMP's environmental impacts.

1-26-07
Merced Sun-Star
He's all revved up, part 2...Loose Lips
http://www.mercedsunstar.com/local/story/13232983p-13869661c.html
Riverside Motorsports Park CEO John Condren was apparently "angry and saddened" that someone leaked one of his e-mail messages to Loose Lips last week.
Well, it's happened again.
Here's the message Condren fired off after he found out his e-mail had entered the public domain:
"Gentlemen:
Five minutes ago, I received a telephone call from a reporter at the Merced Sun-Star who stated that their Editor, Mr. Joe Kieta, just handed her a copy of the e-mail I sent out yesterday announcing that RMP had reached a settlement with the Bureau of Prisons and was close to securing a settlement with Foster Farms. She was looking for additional comment.
This e-mail was sent to you -- a very select few -- in confidence to keep you up to date on the RMP project's progress. To that, the legal notice at the bottom of this, and every e-mail sent by RMP, is not placed there solely to take up space on the page. I am sending this e-mail to the 15 of you who were sent the original message. It is now clear that a trust has been broken. I can only assume that other confidential information that I have entrusted within the "leaders of the community" has also been disseminated, including the current campaign to stop the legal action taken against Merced County and RMP by the Farm Bureau.
I am both angry and saddened by this event.
I have notified the Sun-Star that any use, quotation or dissemination of the information within that e-mail will result in legal action by RMP.
John Condren"
Lips would like the "leaders of the community" to know that they are always welcome to send "confidential information" our way.

1-24-07
Merced Sun-star
RMP delay costs all of us...Roger Wood, Atwater...Letters to the editor
http://www.mercedsunstar.com/opinion/story/13226018p-13863438c.html
Now that the Board of Supervisors has completed its actions to approve Riverside Motorsports Park, the big question for the future is, what will the opponents do next? The project created the largest environmental impact report in the county's history (even bigger than the UC Merced report). The opponents were given substantial time to speak to the board about their concerns. I along with many others believe that the opponents (at least some of them) will now try to stop the RMP through some sort of legal action. What will be the result of the possible litigation? The first thing...project will be delayed. The second thing...RMP will be forced to spend a substantial amount of money to defend itself. What is the effect of the possible litigation on the great majority of citizens of Merced County who support RMP? Number one is that we will not get to enjoy the benefits of RMP... A second... we may not get as good a project as has been planned by RMP. Perhaps RMP will find a site somewhere else... I encourage the opponents to stop their opposition to the RMP and participate in the annual reviews that have been set up as part of the county's permit process. These annual reviews are intended to correct problems as they develop. We need to remember that it is in RMP's best interests to remedy any problems that develop. They do have a business to run. Recurring problems are not conducive to a successful business.

1-19-07
Badlandsjournal.com
(from a Merced Sun-Star article that does not seem to be posted on its website now)
After the Merced County Farm Bureau announced plans to sue the county over its approval of the $230 million, 1,200-acre racetrack proposal, RMP CEO John Condren put out a call to arms.
In an e-mail message sent Wednesday afternoon to business heavies Steve Newvine, Julius Pekar, Doug Fluetsch, Robert Rodarte, Bob Carpenter and Bob Rucker, Condren wrote the following. We quote without editing:
“Good day to all -I am pleased to report that RMP has reached a settlement with the US Bureau of Prisons and is close to having a settlement with Foster Farms. Keep your fingers crossed on that one. To date, the Merced County Farm Bureau is the only legal challenge we face. Regarding the Merced County Farm Bureau, they have filed a Notice of Action against Merced County (referencing the RMP EIR) that gives them 10 days to file their actual lawsuit.
Countering this move, our very own Scott Reisdorfer has initiated a campaign to pressure the Farm Bureau to withdraw their lawsuit. Scott has made contact, and continues to make contact, with various farming and ag members and ag-based organizations that are proponents of RMP. All have agreed to inundate the Farm Bureau’s offices with phone calls, fax and e-mails demanding that the Farm Bureau back-down.
If you can help with this campaign, please do so! Thanx - John Condren” --

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