NEWS “Maximum speed and minimum care” Groups sue county over General Plan by Kimberly Rivers kimberly@vcreporter.com
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n Oct. 14, two groups, Ventura County Coalition of Labor, Agriculture and Business (VCCOLAB) and the Ventura County Agricultural Association (VCAA), filed legal action in Ventura County Superior Court against the county of Ventura regarding the recent adoption of the 2040 General Plan (GenPlan) and the related Environmental Impact Report (EIR). The parties are seeking a “writ of mandate” to set aside the GenPlan document and point to several reasons in support of this request in a 52-page filing. The GenPlan document governs land use decisions including zoning, oil and gas drilling, and lays out programs and steps to reduce emissions in the unincorporated county areas to draw down the area’s impact on climate change. The first page of the filing documents charges that the county approved the GenPlan and EIR “with maximum speed and minimum care” and goes on to allege that “a local official with larger political ambitions, intent upon creating a legacy and adopting these documents prior to his departure from local office,” led to a process that was rushed and failed to include accurate analysis and proper public outreach. The parties further charge that those failings resulted in a process that violates the California Environmental Quality Act (CEQA). VCCOLAB and VCAA were referring to outgoing Ventura County Supervisor Steve Bennett (Dist.1) who is termed out of office at the end of December and is running for state assembly. VCCOLAB strongly opposed the county’s SOAR initiative for which Bennett was a main organizer. The GenPlan update process began over four years ago and from the beginning was slated to be completed in 2020. Several public input meetings were held across Ventura County and public hearings were held with input periods. The document went into effect on Oct. 15. Unless the parties file for and the court approves a stay, the provisions of the GenPlan will be applied to all projects even as this legal action makes its way through the court. In the final hearings to adopt the GenPlan, VCCOLAB members called on the county to delay the
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— October 29, 2020
An oil well operated by AERA Energy in the Ventura Oil Field along Ventura Avenue with nearby homes. Photo by Kimberly Rivers
approval to allow for further analysis and public review. Due to a procedural issue, the final vote was delayed two weeks. The supervisors, in a majority split 3-2 vote, approved the GenPlan on schedule. Bennett was joined by Supervisors Linda Parks (Dist. 2) and John Zaragoza (Dist. 5) in adopting the GenPlan, with Kelly Long (Dist. 3) and Bob Huber (Dist. 4) voting no. The court filing states: “A General Plan is the most important land use blueprint that a local government creates. It establishes the foundation for the regulations under which a community shall live and work for decades into the future — the California Supreme Court has recognized it as the ‘constitution’ for future development.” The county held numerous public outreach meetings and hearings over the four-year process of developing the GenPlan document, but VCCOLAB and VCAA point out that the law requires disadvantaged communities be given ample opportunity to review and comment on all aspects of the GenPlan and EIR. The organizations go on to list several particular provisions in two sections of the document: Agriculture and Open Space, and policies in those sections that mandate the use of electrified equipment as part of reducing greenhouse gas emissions. The filing claims that by restricting the use of natural gas-powered equipment, “the County has unlawfully encroached into state and federal law by banning future development and use of natural gas infrastructure.” The parties go on to allege that the public did have ample opportunity to review and thus participate, as CEQA requires, in the creation of the new GenPlan.
The case has been assigned to Hon. Kevin G. DeNoce, in Department 43 of Ventura County Superior Court.
Oil and land interests sue county
The recent filing by VCCOLAB and VCAA isn’t the only legal action faced by the county due to the General Plan. Five entities representing the oil sector and local land interests filed separate actions on Oct. 15 in Ventura County Superior Court against Ventura County and two actions name the Board of Supervisors. The filings also seek a writ of mandate relating to the county’s approval of the 2040 GenPlan which places new restrictions on the oil industry such as required setbacks from homes and prohibitions on flaring of natural gas. Three of the entities suing Ventura County, California Resources Corporation (CRC), Western States Petroleum Association and Lloyd Properties are represented by Los Angeles-based law firm Alston and Bird. The other two parties that filed against the county have other counsel; AERA Energy is represented by attorney David T. Moran with the firm of Manatt, Phelps and Phillips and Carbon California Company LLC is represented by Neal P. Maguire with Ferguson, Case, Orr, Patterson. CRC recently filed for bankruptcy. Lloyd Properties owned over 2,000 acres of land in the Ventura Hillsides and donated about 800 acres of it to the Rancho Ventura Conservation Trust in 2016. COLAB and VCAA are both 501c6 membership organizations. The full filing can be viewed at www.vcreporter.com/2020/10/maximumspeed-and-minimum-care-groupssue-county-over-general-plan/
Election Briefs PACs go big in Ventura City Council races Several political action committees (PAC) have contributed a combined $100,809 into current Ventura City Council candidates’ races, with most of those funds going to Sacramento-based political consulting firms. The funds come from three PACs: The Ventura Chamber of Commerce PAC, the Ventura Police Officers Association PAC and the PAC associated with the Ventura City Firefighters, called Ventura City Firefighters for a Better Community. According to the Chamber’s website they work to elect “pro-business” candidates. The funding levels represent an increase over previous non-district elections. “What has changed is the districts. They are able to concentrate funding in just a few areas,” said Marie Lakin, a resident of Ventura who ran for Ventura City Council in 2018. She said the district format allows the PACs to do multiple mailers just for their candidates, as well as phone banking. “It makes a big difference and candidates who are not endorsed [by a PAC] are really at a disadvantage...What is really disappointing to me is that we were sold these district elections as a way for grassroots candidates to spend less and work just in their neighborhoods. But spending has actually increased.” The funds are being directed to support the same three candidates, one in each of the city council districts, on the Nov. 3 ballot. The PAC funds are supporting candidates Nancy Pedersen for District 7, Aaron Gaston for District 3 and Doug Halter for District 2. The Chamber PAC also targeted $2,981 to oppose the re-election campaign of Christy Weir in the District 2 race and contributed $1,500 in support of Tim Flynn’s race for Ventura County Supervisor (District 5), in a hotly contested race with Carmen Ramirez. Lakin has endorsed Mike Johnson, a candidate for Dist. 3, who is not backed by the PAC funding. According to the most recent filings as required by law, the Chamber PAC has contributed about $57,491, $29,491 from the firefighters PAC and about $13,824 from the city police PAC. Most of the funds were spent in support of political mailings and to two Sacramento-based firms, Grindstone Communications LLC and LG Campaigns. Contributions to the Ventura Chamber PAC include local attorney Peter Goldenring ($2,000), Sempra Energy ($1,000), Electra Media ($5,000) and McGrath Farms ($2,500). The California Real Estate PAC ($2000) and a Carpinteria-based real estate company also contributed ($5,000) to the Chamber PAC. Candidates and their campaigns are prohibited from interacting with the activities of a PAC.
Campaign finance reports for all candidates and committees are available online at recorder. countyofventura.org/elections/ candidates-campaigns/campaignfinance-reports-cities/. Simi Valley candidate statements were omitted, twice The candidate statements of Simi Valley mayoral candidate Joe Ayala and Simi Valley City Council candidate (Dist. 3) TJ McInturff were omitted from the voter information guides mailed to registered voters in the appropriate boundaries. In the attempt to correct the error by resending the information guides, Ayala’s statement was left out a second time, but only in the guides mailed to Dist. 3 voters. A corrected guide was mailed out a third time, but arrived after ballots were received. County says to expect lines at in-person voting locations In a statement dated Oct. 23, the Ventura County Elections Division announced that there are a record number of registered voters in the county (500,062) and with just 173,695 ballots received so far, the voting public is urged to avoid long lines and vote early. “I urge voters to return the voteby-mail ballot they received early to avoid lines at voting locations and limit contact with others due to COVID-19. Don’t wait until November 3 if you want your vote included in the first results on Election Night,” said Mark Lunn, Ventura County Clerk-Recorder, Registrar of Voters. He said that registered voters who have not received their mail-in ballots or anyone who needs a replacement ballot should contact the elections office to request a second ballot by calling 805654-2664. Voters can also register up to and on Nov. 3 at the Ventura County Government Center, Elections Division Early in-person voting at 48 locations begins Saturday, Oct. 31 through Monday, Nov. 2, 10 a.m. to 6 p.m. and on Tuesday, Nov. 3, from 7 a.m. to 8 p.m.. In person voting is also available at the Elections Division offices at the Ventura County Government Center, 800 S. Victoria Ave., Ventura. The Oct. 23 statement said, “Voters who wish to vote in-person should expect to wait in line at voting locations as the number of locations is less than previous elections due to the Coronavirus and the state’s declaration of an all vote by mail election. In-person voting locations are open for four days and voters are encouraged to take advantage of the extended days and hours for in person voting and not wait until November 3.” For more information, please visit the Elections Division website at VenturaVote.org or call 805- 654-2664. — Kimberly Rivers
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