Tag: Lawsuit

  • Judge denies motion to halt Citrus Heights city hall demolition

    Judge denies motion to halt Citrus Heights city hall demolition

    view of medical office building on Greenback lane in Citrus Heights
    A computer rendering of the new three-story medical office building on Greenback Lane, approved by Citrus Heights council members on March 26, 2015.

    A Sacramento Superior Court judge denied a motion Friday that sought to temporarily bar the City of Citrus Heights from proceeding with plans to demolish its existing city hall and allow Dignity Health to construct a three-story medical office building (MOB) in its place, according to court documents.

    Norman Hill, who heads up the group suing the City over the MOB and city hall project, said his “Preserve Our Civic Center” group sought a temporary restraining order after learning the City had planned a July 18 “Cash & Carry” day to liquidate various items and decor from the existing hall’s property. He said Judge Timothy Frawley ultimately rejected the group’s motion for a 10-day restraining order, after finding “the balance of the equities came out in favor of the City” and determining such an order would present a “great hardship for the City.”

    City representatives were unavailable for comment by phone and email over the weekend.

    The POCC lawsuit, initially filed in April, asks the court to declare the city council’s March 26 approval of the new hall and MOB project to be “invalid and void,” and that the Environmental Impact Report (EIR) prepared for the project “fails to satisfy the requirements of [the California Environmental Quality Act].” It also asks the court to order a “new legally adequate” EIR for the project, and require suspension of all contracts related to construction on the project until alleged violations of CEQA are addressed, according to court filings.

    [Learn more: Lawsuit filed against Citrus Heights over MOB, new hall]

    Although unsuccessful in temporarily halting progress on the city hall demolition, Hill said his group plans to continue with the lawsuit against the project, estimating it could take until early 2016 to get a final decision from a judge. The retired environmental attorney and Citrus Heights resident said he’s currently awaiting a “big pile” of documents to be released by the City in response to a Public Records Act request.

    Note: this story will be updated Monday to include comments from the City, if reached.
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  • Lawsuit filed against Citrus Heights over MOB, new hall

    Lawsuit filed against Citrus Heights over MOB, new hall

    A lawsuit was filed against the City of Citrus Heights last week by a group alleging “noncompliance” with the California Environmental Quality Act (CEQA) on a recently approved new city hall and three-story medical office building (MOB) project.

    The lawsuit, initiated by the nonprofit group “Preserve Our Civic Center,” asks the Sacramento County Superior Court to declare the City’s approval of the new hall and MOB project to be “invalid and void,” and that the Environmental Impact Report (EIR) prepared for the project “fails to satisfy the requirements of CEQA.” It also asks the court to order a “new legally adequate” EIR for the project, and require suspension of all contracts related to construction on the project until alleged violations of CEQA are addressed.

    The $53 million project was unanimously approved by the city council on March 26, authorizing the aging city hall to be torn down and replaced with a 68,000 square feet Dignity Health medical building. A new $22 million city hall would then be built next to the Post Office down the street on the 10.9-acre Stock Property, paid for in part by a 15-year lease agreement with Dignity Health.

    In legal filings, Preserve Our Civic Center identifies itself as a group “composed of persons whose economic, personal, aesthetic, health, 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.”

    The lawsuit alleges “deficiencies” in the City’s several-hundred page EIR, including “an inadequate project description, and an inadequate analysis regarding impacts to transportation and circulation, air quality, biological resources, land use, and noise.” The lawsuit alleges that such deficiencies will result in “significant environmental impacts.”

    The CEQA-required EIR is a detailed analysis of potential environmental effects for certain projects, with “significant” effects being required to be adequately mitigated, reducing the effect to “less than significant.” The Report must also include an analysis of alternatives to the project, assessing if other options may create less effect on the environment.

    Citrus Heights resident Norman Hill, who heads up the group filing the lawsuit, said the EIR “seemed to be designed to understate the effects, so that the City would not have to deal with mitigation.”

    [Read the final version of the EIR and traffic study here: http://www.citrusheights.net/836/Environmental-Impact-Report]

    Citing the legal complaint filed by Hill’s group, Monica Alejandrez with the city manager’s office referred comments to City Attorney Ruthann Ziegler, who was unable to be reached by phone or email on Friday.

    City council members were aware of the likelihood of a lawsuit prior to their vote to approve the final EIR and authorize the project to go forward, as Hill had threatened litigation previously.

    “Mr. Hill, I’m sorry that you feel the way you feel,” Councilman Jeff Slowey told Hill during the March 26 council meeting. “But threats, they don’t bother me in the least bit. If you wanna go to court I say bring it on — but bring your checkbook.”

    [Prior story: Council votes 5-0 for new city hall & MOB; lawsuit threatened]

    Hill said the council “just blew off anything that called for a reduction of the impacts,” and should have done more to address issues like aesthetics, traffic, and glare, highlighting concern for neighbors who would see “this three-story monstrosity” from their homes and neighborhoods. He acknowledged the City made an improvement by switching the new hall location away from a previously proposed site on Antelope Road, but said it “unfortunately” seems that lawsuits are “what people have to do to be heard by this City.”

    [Related: New City Hall Site Option Draws Support, While Medical Building Criticized]

    Hill, a retired environmental attorney, said he looks forward to a CEQA-required settlement conference between his group and the City, hoping City officials will be “willing to talk.”

    “Ideally we’d like to see the MOB back on the Stock Property, but I’m not sure how much success we’d have with that,” said Hill, who has also proposed an alternative two-story MOB design. “I think there may have to be some give-and-take between us and the City.”

    *Editor’s note: this story will be updated with comments from the city attorney, if reached. For more context on this story, see: Council votes 5-0 for new city hall & MOB; lawsuit threatened

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  • New Staff Report Recommends Council Take “No Action” on Moving City Hall

    Updated 5:14 p.m., August 14-

    A new Staff Report is recommending the Citrus Heights city council take “no action” on the controversial proposal to move city hall, according to documents released Friday night on the City’s website.

    Proposed three-story medical office building which would replace existing city hall at Fountain Square Drive and Greenback Lane. // Courtesy of Dignity Health
    Proposed three-story medical office building which would replace existing city hall at Fountain Square Drive and Greenback Lane. // Courtesy of Dignity Health

    “Staff recommends that the City Council take no action on the medical office building and City Hall project at this time and direct staff to do additional environmental review,” reads a summary of the report issued by City Manager Henry Tingle, who has been a vocal supporter of the proposal.

    Opponents of the plan to move city hall see the report as a change in the right direction, as prior reports from staff have recommended going ahead with the proposal.

    “We see this as a favorable development, but our position remains unchanged,” said Tim Schaefer, with the group Save City Hall. “We will remain vigilant until moving city hall is off the table for good.”

    The Staff Report will be presented to the council at its August 14 meeting, and council members will decide whether to move ahead with the proposal or to follow the recommendation of staff and hold off on a decision.

    Previously, in a split 3-2 vote, the council voted to postpone a final decision on the proposal during its July 24 meeting, after environmental attorney Chris Butcher threatened a lawsuit if the plan moved forward.

    City Council Meeting:
    Thursday, August 14, 2014
    7:00 p.m.
    City Council Chambers
    7117 Greenback Lane
    Citrus Heights, CA 95621

    Full Staff Report: http://www.citrusheights.net/docs/item_9_medical_office_building_and_city_hall_project.pdf