15 minute read
NEWS
County continues exclusive rights with Fisherman’s Wharf developer
Bennett calls for revote to change his stance
by Kimberly Rivers
kimberly@vcreporter.com
A rendering of part of the Fisherman’s Wharf project proposed by Channel Islands Harbor Properties LLC.
On June 23, the Ventura County Board of Supervisors, after taking two votes on the agenda item, eventually voted to extend the Exclusive Right to Negotiate (ERN) for nine months between the county and developer Channel Islands Harbor Properties LLC. (CIHP) for three parcels at the Fisherman’s Wharf waterfront area near Channel Islands Harbor.
Supervisor Linda Parks (Dist-2) in March 2019. (Photo by Kimberly Rivers)
The first vote had the majority casting nos to terminate the ERN. But at the next agenda item, Steve Bennett (Dist-1) asked Board Chair Kelly Long (Dist-3) if the board might revisit the item. The board first voted on revisiting the item and allowing another vote, which was approved with only Linda Parks (Dist-2) voting against allowing a revote.
Bennett joined Supervisors Long and Bob Huber (Dist-4) in voting to extend the ERN. Parks and Zaragoza (Dist-5) voted against the extension.
The revote is being challenged by community members with Harbor and Beach Community Alliance (HBCA) ask ing the board to renotice the matter, as they view it as a violation of the Brown Act because the public understood the vote to have occured. HBCA’s legal counsel, Douglas Carstens of Chatten-Brown, Carstens and Minteer, has sent a letter asking as much and putting the county on notice that the group may be forced to resort to legal action if the board fails to remedy the violation.
Bennett’s main focus was determining the impact of terminating the ERN on the county’s reputation with devel opers and whether not renewing the ERN would expose the county to claims that it didn’ t act in good faith. He ultimately changed his vote, saying he wanted to protect the county’ s reputation as a “reliable partner,” resulting in the ERN being extended
He did want assurance that an ERN does not require the county to approve a project. Ventura County Counsel Leroy Smith responded to Bennett, stating that while the county does not have an obligation to approve the project, it does have a “duty to act ingood faith.” Meaning that if the project brought by CIHP met the requirements, the county could not deny CIHP and then give the same project to another developer. The ERN provides “some assurance” that the county will work with CIHP on the project if the developer comes up with a project that is jointly agreed upon. That preference is the “whole point” of the ERN, said Smith. Mark Sandoval, director of Channel Islands Harbor, told the supervisors that he would expect a master vision to be completed within the next six months, and that any developer could participate in that process. After the vision is complete, CIHP will have three months to determine if the vision is something for which it can develop a project.
While the visioning process will look at the entire Fisherman’s Wharf area, the ERN applied to only three parcels.
Sandoval emphasized that extending the ERN provides an incentive for CIHP to remain involved and that its input is needed in the visioning process; otherwise a project could be developed “that nobody wants to develop.”
“I believe the visioning process is going to help us,” said Zaragoza.
Community members with the HBCA spoke in opposition, saying that CIHP has had its opportunity to develop a plan, which many feel is too focused on housing, and that the community wants to see the area opened up to other developers.
Sandoval described what seemed to be a “misperception of what the visioning is,” clarifying that it is an “all inclusive process” and that it really doesn’t have anything specifically to do with CIHP. He added that CIHP can bring its expertise to the process, but so can any other person or developer.
“About five years ago I started asking for [the visioning process], Charrette is what we called it back then,” said Parks, during the initial board discussion for the first vote. She said there were meetings but felt that none of the input was ultimately reflected in the proposal from CIHP. “If you’ve got a hammer, everything looks like a nail . . . this developer does housing,” and she felt the focus will always be on housing, even though the community wants a different focus.
According to the CIHP website, the mixed-use project was modified following community input, cutting the number of residential units in half, adding a park and other public amenities.
Supervisor Steve Bennett (Dist-1) at a June 2019 event in Ojai. (Photo by Kimberly Rivers)
“If you truly want other developers interested you don’t extend the ERN,” Parks said, pointing out that the current developer can still participate and apply. But she said that allowing the ERN to expire would be the best way to ensure a “really open visioning” process, without a particular developer being favored in any way .
For more information on the Harbor and Beach Community Alliance, visit: www.hbca.info For more information on the proposal of Channel Islands Harbor Properties LLC, visit: www.fishermanswharfoxnard.com/the-development-team/
NEWS
New case law led to Ventura mayor’s recusal
by Kimberly Rivers
kimberly@vcreporter.com
An April 8, 2020, a decision by the California Appellate Court clarified rules for municipal decision makers regarding bias and impartiality, and led to Ventura Mayor Matt LaVere’s recusal from two public hearings last month.
On July 7 and July 15, LaVere was compelled to recuse himself on the advice of Ventura City Attorney Greg Diaz to ensure a fair and unbiased decision regarding the future of the St. Junipero Serra statue.
Diaz said the requirement that LaVere recuse himself is not rooted in “state law, but a matter of due process and fair hearings . . . a legal Matt LaVere, Mayor of the City of Ventura, speaking at Bell Arts Factory on Jan. 12, standard based on constitutional 2020. (Photo by Kimberly Rivers) protections.” He pointed to the May 2020 published “It was my understanding that the council would ruling of California’s Third District Court of Appeal in craft a policy about moving the statue (a legislative Petrovich Development Co. LLC v. City of Sacramento duty),” said LaVere in the written statement, saying he (1). Because it is a published opinion, the decision sets met with certain stakeholders in an effort to “build the legal precedent. consensus about moving the statue to the mission.”
In Petrovich, the court found that a city council “For legislative work, we are allowed to make our member acted with proven bias and demonstrated his position known publicly ahead of time and we can do mind was made up when he advocated against a develwhatever outreach or publicity we need to support the opment project before a public hearing in which the policies we are advancing,” said LaVere. “However, council served as final decision maker. Text and email as the hearing got closer, our city attorney said that it evidence in the Petrovich case demonstrated the memwould have to be a quasi-judicial hearing,” as the counbers’ efforts leading up to the public hearing to ensure cil had to “make certain findings . . . before we could the project was not approved. decide to move it. At that point, I had already released Quasi-judicial vs. legislative actions statue should be moved, thus I was required to recuse
The requirement for lack of bias applies only to “cermyself from the hearing.” tain types of decisions known as quasi-judicial hearings In cases where bias was found to be part of the where councilmembers act more like judges than legisdecision, such as in the Petrovich matter, the remedy is lators,” explained Diaz. “In these [quasi-judicial] cases, that the decision be rescinded and the city re-hear the the council applies the facts to existing law to see if the matter, with certain city council members recused from situation meets the requirements of existing law. In this the proceedings. case, the first thing asked of the council [was] to find In its order on Petrovich, the third district court that the Bronze Statue does not qualify for historic staemphasized that in these type of matters a decision tus. To do so, they must apply the facts to the standards maker should not have “prejudged the specific facts of to determine if it meets the requirements — a classic the case” and be “free of prejudice against or in favor quasi-judicial determination.” of any party,” but that applicants need not “prove actu
Local bodies such as city councils, hearing boards, al bias,” they are instead required to demonstrate “an school boards and boards of supervisors serve in both unacceptable probability of actual bias on the part of a capacities: legislative actions which establish laws and municipal decision maker.” policies that apply to all future events, projects and But “a party seeking to show bias or prejudice on the programs, and quasi-judicial actions (also called adminpart of an administrative decision maker [must] prove the istrative actions) in which the body reviews a particular same with concrete facts.” (1) item before them, applies existing laws and evidence To defend a decision against legal action, an agency presented, generally at a public hearing, to make findacting in a quasi-judicial role has to demonstrate a clear ings that support a decision. (2) line between how the final decision was reached and the
Legislative actions include adopting and amendspecific evidence and facts of the project before them. ing local ordinances, general plans, zoning codes my public statement and taken a public position that the and personnel rules. Quasi-judicial decisions include 1. Petrovich Development Co. LLC v. City of Sacramento, approving or denying a development proposal, nuisance (2020) Cal. App. 3rd, https://law.justia.com/cases/ abatement, license revocations, an application for a california/court-of-appeal/2020/c087283.html Conditional Use Permit, or finding that a structure is a 2. “Common Issues in Quasi-Judicial Hearings,” Alan U. historical landmark. Lundgren, League of California Cities. https://www.cacities.
In a statement sent to a member of the public by org/Resources-Documents/Member-Engagement/ LaVere on July 13, and obtained by the VCReporter, Professional-Departments/City-Attorneys/Library/2013/2013- the mayor explained that he initially understood the Annual-Conference-City-Attorneys-Track/9-2013-Annunalprocess involving the Serra statue to be legislative. Adam-U-Lindgren-Common-Issues-in-Qu
In Brief
Offroaders rescued in Lockwood Valley
On July 30 at 11:24 p.m., the Lockwood Valley station of the Ventura County Sheriff’s Office responded to a call that motorists were stranded on a remote trail used by four-wheel drive vehicles and dirt bike riders to access Sunset Campground in the Los Padres National Forest. The Fillmore Search and Rescue Team (SAR) was activated to respond.
The motorist’s vehicle became inoperable on the Miller Jeep Trail due to multiple flat tires. The trail requires considerable ground clearance and proper off-road tires. The passengers had to hike out of the area to find cell phone service to be able to call for help.
The Lockwood Valley station mobilized their Polaris RZR utilitytask vehicle and the SAR team with a local deputy located the stranded motorists at about 3:30 a.m. Group files suit to return Serra statue
On July 21, a group called the Coalition for Historical Integrity filed legal action in Ventura County Superior Court against the city of Ventura seeking to compel the city to return the St. Junipero Serra statue to its perch in front of city hall.
The statue was removed last month following several public meetings and is in temporary storage while the San Buenaventura mission prepares to accept the statue.
The first requested action by the coalition, a temporary restraining order to halt the statue’s removal, was denied by the court. Child care options with Conejo Rec.
The Conejo Recreation and Park District (CRPD) is offering childcare options called QuaranTEAM Care for families with students enrolled in Conejo Valley Unified School District. Morning care hours are 7:30 a.m.-12:30 p.m. for students in afternoon distance learning programs, and for students with morning learning schedules the afternoon care hours are 1-6 p.m. Multiple day programs are offered. Monthly fees are $375 for the Monday through Friday option, $275 for the Monday/Wednesday/ Friday option, and $225 for the Tuesday/Thursday option.
QuaranTEAM Care is open to students in kindergarten through fifth grade and will take place at the Borchard, Conejo, Dos Vientos and Thousand Oaks community centers operated by CRPD. The recreationfocused program includes arts and crafts, STEM projects, games and outdoor activities. Parents should note that this is not a distance learning or assignment-assistance program.
Students will be placed in groups of eight to 12, which will remain the same during the four-week session. Centers for Disease Control and Prevention recommendations and state/county health guidelines for COVID-19 prevention will be followed, with site-specific safety plans developed for each location to ensure that social distancing, sanitizing measures and other health requirements are met.
Registration at www.crpd.org/reg begins at 9 a.m. on Monday, Aug. 10, for Session 1, which runs from Aug. 24 through Sept. 18. For more information on the QuaranTEAM Care and other CRPD programs, call 805-495-6471. St. John’s opens new ER
On Aug. 4, St. John’s Regional Medical Center in Thousand Oaks opened a new 6,500 square foot emergency department that includes a new ambulance entrance, larger waiting area, three private triage rooms, a centralized nurses’ station and modern monitoring capabilities. Aug. 14 deadline for VCAC entries
The Ventura County Arts Council is requesting entries for an online exhibition, **Environment: Addressing Your Surroundings**, that will begin Aug. 21. The all-media exhibit is a juried competition with cash prizes. There is no charge to enter.
The show’s theme asks artists to explore their experience during the pandemic and how their creative spirit has been impacted with a focus on supporting the community.
For more information and entry instructions, contact: gallery@ vcartscouncil.org or visit www. vcartscouncil.org. Ventura Bike HUB still open
During August the Bike HUB is open by appointment to sell and repair bikes for low cost. To make an appointment, call 805-641-2665. Visit Ventura Bike HUB online at bikeventura.org. Ventura NAACP chapter gets $10K grant
CIT Group Inc. has awarded the Ventura County Chapter of the NAACP a $10,000 grant for scholarships for 10 local college students and college-bound students as part of the Acts of Caring initiative in support of causes including COVID-19 relief, food insecurity and advancing social and economic justice.
The NAACP Ventura County Chapter has worked since 1954 to support NAACP programs and policies at the local level, building community engagement through ongoing initiatives in the areas of civil rights, social and economic development and education. Westside Council gets transportation and evacuation update
At their meeting on Aug. 5 at the Bell Arts Factory, the Westside Community Council hosted a panel discussion on transportation issues in the city and Ventura County. The meeting included information on the evacuation planning process that is ongoing within the ity of Ventura’s Office of Emergency Services.
A video of the movie will be made available online at www. westsidecommunitycouncil.org/ourmeetings. — Kimberly Rivers
Large Waiting Room
Large Treament Rooms
Now OPEN for patient care! Be comfortable and be safe!
Virtual Choral Auditions Begin August 3rd.
Rigid Disinfection
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Whale Watch Trips
Now thru September
