HomeMy WebLinkAboutSenior Center in Huntington Central Park Update and DiscussiDept. ID CA 13-009 Page 1 of 2
Meeting Date: 7/21/2014
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 7/21/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Update and discussion regarding construction of the Senior Center in Huntington
Central Park
Statement of Issue: On July 15, 2014, the California appellate court ruled in favor of the City in its
defense of the proposed Senior Center. This request for City Council action provides a status
update so City staff can be directed, as appropriate, regarding the development of the Senior
Center.
Financial Impact: Not applicable with this item.
Recommended Action:
Receive and file.
Analysis: After the City proposed to construct an approximately 45,000 square foot Senior Center
in Huntington Central Park to replace the Rodgers Senior Center in the downtown area the citizens
of Huntington Beach approved Measure T approving the construction of the proposed Senior
Center in 2006. In 2008, the City Council approved an environmental impact report and a
conditional use permit for the construction of the proposed Senior Center.
In 2008, a group called Parks Legal Defense Fund and others (collectively "Parks") filed a lawsuit
challenging those City approvals. In 2010, after proceedings in the trial court, the appellate court
issued a decision holding that Parks could not challenge the 2006 voter approval, but that the
conditional use permit violated the City's general plan and that the environmental impact report in
question failed to properly (1) discuss and consider alternative sites and (2) discuss the loss of
open space and (3) the use of park funds for the project. Thereafter, in 2012, the City Council
approved a subsequent environmental impact report and conditional use permit.
In 2012, Parks filed a second lawsuit challenging the City's new approvals. The trial court stayed
the second lawsuit to allow the City to argue that it had complied with the trial court and appellate
court decisions in the first lawsuit. On July 15, 2014, the appellate court issued a decision agreeing
with the City that it had complied with the trial and appellate court decisions in the first lawsuit.
The appellate court's recent decision becomes final in forty days, unless Parks seeks review by the
California Supreme Court. Thereafter, the appellate court will return the lawsuit to the trial court to
correct its order to comply with the appellate court direction.
Item 17. - 1 1 1B -4-4-
Dept. ID CA 13-009 Page 2 of 2
Meeting Date: 7/21/2014
Regarding the second lawsuit filed in 2012, it is anticipated that the trial court will lift the stay at the
status conference scheduled on August 19, 2014 at 9:00 a.m. At that time, the trial court will
determine how the second lawsuit will proceed.
Environmental Status: Not applicable.
Strategic Plan Goal:
Enhance quality of life
Attachment(s): None
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