City Dragging Feet on Target Project, Claim Contends

By Jorge Casuso

Contending that the city has dragged its feet on a proposed downtown Target store, H.C. Henshey Company - which has owned the project's site for 80 years -- has filed a temporary takings claim against the city.

In a letter to City Attorney Marsha Moutrie dated May 24, attorney Chris Harding charges that the city "has failed to comply with both the Zoning Ordinance and State law concerning the processing of the Target application."

According to the letter, Henshey's and Target were assured in June of 1998 that the application for the new three-story department store at the corner of 5th Street and Santa Monica Boulevard would be processed "within approximately 15 months." City officials have recently said that the project will not go before the Planning Commission until August, a timeline the property owners think is overly optimistic.

"These delays, which in turn have delayed the sale of the property, have caused Henshey's and its shareholders substantial financial harm," Harding wrote. "Henshey's believes that the City, by its series of actions and inactions affecting this property, have effected at least a temporary taking of this property... thus entitling Henshey's to an award of damages."

The site - behind the Toys 'R Us store on 4th Street and Santa Monica Boulevard - has been used since 1992 by Henshey's as a public parking lot, which, the letter said, "is not an economically viable use of this very valuable property."

According to the letter, city officials have cited delays in the City's Master Environmental Assessment for delays in the project's Environmental Impact Report, a draft of which has not yet been released for public comment.

"Henshey's is concerned that the application has been delayed not only due to the reasons given by City Staff, but also due to political intervention by one or more elected officials who do not want to vote on what they know to be a very popular project shortly before the November 2000 municipal election," the letter said.

In the letter, Harding contrasts the delay of the project to the expeditious handling of RAND's application to construct its new headquarters, which is expected to go before the Planning Commission in August and the City Council the following month. The RAND application was filed in November last year, 14 months after Target's application, according to the letter.

"To our knowledge, there is no reason why this project cannot be heard by the Planning Commission in August and, if necessary, the City Council in September (or October at the very latest) if City Staff henceforth processes this application on a reasonably expeditious basis," the letter said.

Target has been actively lobbying for the 125,000 square-foot store with 572 underground parking spaces. The Minnesota-based company has taken community leaders on a tour of its Pasadena store, released a poll showing overwhelming support of the project by city residents and conducted a study that concluded that the store will help alleviate the area's traffic and parking problems.

The proposed Target store promises to be a key issue in the November race for four open City Council seats.

Supporters contend the Target store will provide a much-needed affordable department store to help fill the gap left by the demise of Hensheys, Penny's and Woolworths in the downtown area.

Opponents fear the development will only bring more traffic downtown, adding to the growing gridlock and parking woes.