Litigation on hold as SPCC, CEDC consider Plaza Amistad negotiations

March 25, 2009
Santa Paula City Council

At a special meeting Thursday it took only 44 minutes for the City Council to decide to go ahead and appeal the Planning Commission’s approval of Plaza Amistad, and for a representative of Cabrillo Economic Development Corporation to offer to hold off on legal action while both parties try to reach an agreement.

By Peggy KellySanta Paula TimesAt a special meeting Thursday it took only 44 minutes for the City Council to decide to go ahead and appeal the Planning Commission’s approval of Plaza Amistad, and for a representative of Cabrillo Economic Development Corporation to offer to hold off on legal action while both parties try to reach an agreement.Councilmen were told at the special March 19 meeting that the CEDC board of directors agreed to a tolling agreement - legalese for putting something on hold - on the latest litigation stemming from the Council rejection of the 150-unit Plaza Amistad apartment complex in August 2007. The Council sought such an agreement two months ago as a condition of entering negotiations over Plaza Amistad, but was rebuffed.Cabrillo Board President Roy Jasso told the Council the board wants to move the issue forward and hopes to reach an agreement. “We need to take a first step,” Jasso said.The Council objects to the density of the project proposed for a 6.5-acre site on West Santa Barbara Street just east of Dean Drive, as well as the three-story design they fear would hamper firefighters. Cabrillo has defended the project as beautifully and safely designed, as well as desperately needed to move low-income families out of overcrowded and often dangerous conditions into well-managed affordable housing.
At the Thursday meeting the Council voted 4-1 to appeal the Commission’s approval, and 4-1 again to initiate its own review. Councilman Dr. Gabino Aguirre cast the lone nay votes, noting the latter issue would require new evidence not presented to the Commission, the “basis for any kind of appeal.” The Commission, he added, “acted accordingly” and “within their scope” of duties and responsibilities in its actions.City Manager Wally Bobkiewicz proposed the matter to come back before the Council at the April 6 meeting, but Councilman Bob Gonzales said he would not be available until the Council’s April 20 session. “I think in the spirit of cooperation we want to get this wrapped up as rapidly as possible,” noted Bobkiewicz, who said Gonzales could review the documents prior to the April 6 meeting and voice questions or concerns.Aguirre suggested Gonzales take part in the meeting via conference call, as has been done in the past. The issue will return to the Council April 6.Cabrillo, noted Bobkiewicz, has engaged Ventura attorney Monte Widders to be its legal counsel during negotiations.



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