A lawsuit has been dropped that could have delayed construction on the Community/Senior Center.
Loma Terrace resident Mark O’Connor and the city reached an agreement to settle his suit that accused the city of violating California Environmental Quality Act requirements in its approval of the design and development of the centers. Although disputing O’Connor’s allegations, the city agreed to conditions reflecting his concerns.
“My primary concern was that the city had not properly analyzed the traffic impacts,” said O’Connor, who practices law in Laguna. “That was the nature of the lawsuit and the nature of the settlement.”
Terms of the settlement included a comparison of the traffic on Loma Terrace before and three months after the opening of the centers. If a 10% increase is determined, the city will promptly convene a neighborhood meeting to discuss solutions.
Other terms included the installation of speed humps on Loma Terrace if 60% of the adjoining property owners request them in writing and waive claims against the city related to or resulting from the installation; and the establishment of an expedited procedure for complaints about the project from Loma Terrace residents.
The city also agreed to try to minimize the use of the rear service entrance to the project on Loma Terrace, but the intent did not constitute a binding promise.
“I fully expect the city to live up to the terms of the agreement, but if not, I’ll cross that bridge when I come to it,” O’Connor said.
Any changes to the agreement must be made in writing by both parties.