2007 Lawsuit Cost City More than $841,000

In 2007, downtown property owner Joe Carcione sued the city and won, claiming that the environmental impact report for the Downtown Precise plan did not adequately analyze the shadows that would be cast on his law offices. In total, the lawsuit has cost the city—and taxpayers--$841,231.03.

Under the California Environmental Quality Act, every new development must comprehensively analyze all possible effects of a potential project on the current landscape. A judge ruled that the 2007 environmental impact report did not achieve this.

The city paid consulting firm Wagstaff and Associates/MIG, Inc., almost $293,000 to re-draft another environmental impact report that would sufficiently re-address the issues from the first report.

Dan Zack, the Downtown Development Coordinator, said staff time spent handling the case was “impossible to measure.”

Zack added that staff wanted to address every aspect thoroughly, particularly the shadow component, which was the basis of the lawsuit.

“We wanted to make sure we treated this seriously,” Zack said. “This plan means a lot to the community and we wanted to get it back on track.”

The Downtown Precise Plan was and the plan officially took effect March 7. The new plan encompasses 183 acres loosely bounded by Brewster Avenue, Veterans Boulevard, Maple Street and El Camino Real and addresses all components necessary, including potential shadows.

Recently, downtown Redwood City has lost some old-time fixtures, like, but will gain new additions like the , which will occupy 10,000 of the 16,000 square feet along Jefferson Ave.. The Fox Theatre is also bringing the musical theater troupe “” to Redwood City for 65 performances.  

“In the end, it’s more than worthwhile,” he added. “It took a big commitment but the plan is adopted and we’re moving forward.”