Agreement invokes optimism in health center debate
January 6, 2010
With help from a new legal agreement, the controversial health center debate that has roiled Patterson the past several months may finally have a chance at resolution.
In one of the first constructive moves by either side since the dispute began, the Patterson City Council voted 5-0 in a special closed-session meeting last week to approve a memorandum of understanding — a legal agreement that outlines the steps each party must take to amend the city’s zoning laws to make the Del Puerto Health Center an allowed use in the Keystone Pacific Business Park.
Putting old disagreements to rest, the memorandum has also allowed the sides to find some compromise — such as waiving a $3,050 city fee to submit a zoning amendment application — for a chance at progress.
“We’ve worked very close with the city without trouble to draw up the MOU, and we’re very optimistic about the council’s decision,” said Keith Schneider, executive vice president of Keystone.
The memorandum states that if the council approves the zoning amendment by Feb. 9, the proponents of an initiative designed to move the health center to Keystone will drop the initiative, and the city will withdraw its legal challenge of the initiative.
“The changes (from what the initiative would accomplish) are minor, and now we’re just making sure all the documents are in order,” Schneider said. “For now, all things seem to be working out.”
Despite positive working relationships, one missing piece of the puzzle worries some on both sides.
As part of the council’s analysis of the zoning changes — which will likely happen at its Feb. 2 meeting — members will evaluate a negative declaration, a document that states there are no significant environmental problems to solve before the plan can move forward. A 6-year-old environmental impact report on the business park is the most recent such document on record.
If the council decides not to approve the negative declaration, a lengthy environmental review will be needed, and both parties will revert to their original positions: the health center proponents pushing the initiative, and the city pursuing its lawsuit in court.
“The EIR has the potential of being a challenge point that could slow down the process enough to throw a wrench in things,” Councilwoman Annette Smith said. “I’m torn, because what (proponents) have proposed seems very reasonable, and I think there is hope to that — but the timeline to get this approved seems extremely aggressive.
“I don’t want to miss anything important because we’re pressured to solve this in the blink of an eye.”
Both sides have agreed to delay a court hearing on the city’s legal challenge from this month to March 8. If the council does not approve the application before Feb. 9 and the court then determines that the initiative is legally valid, the council will decide March 11 whether to adopt the initiative or send it to a ballot.
City Manager Cleve Morris said that despite the speedy timeline, he thinks the zoning amendment can be done.
“I think that if the agreement can make it through the process that’s been laid out without problems, there’s a good chance this will work out,” Morris said. “I think the MOU shows a new compromise and cooperation from both sides, and that is really something positive to be noted.”
