More Growth-Control Limits Proposed

THOUSAND OAKS —  Hoping to close what she considers a troubling loophole in last year’s much-touted, growth-control law, Councilwoman Elois Zeanah is asking the City Council to expand the measure’s restrictions to include all city-owned property.

The brainchild of Councilman Andy Fox, the ordinance known as Measure E prevents Thousand Oaks officials from permitting denser development than the city’s General Plan allows unless the change is approved by city voters.

But city-owned property is exempt from the law, which was approved by nearly 75% of Thousand Oaks voters in 1996, and Zeanah is concerned that the city may one day exploit its favorable position by “up zoning” publicly owned property and selling it to developers to raise cash.

“Voters took the word of the council and the [Measure E] ballot statement, believing that any and all increases in residential and commercial densities would go to a vote of the people,” Zeanah wrote in a report to the council. “This request is to make these public statements a reality.”

Zeanah, who was a staunch opponent of the measure, said she believes her proposed amendment may have to be put before voters, and thatthe issue is important enough to justify the hassle and cost, possibly as soon as June’s primary election. Large city-owned properties, such as the vacant property east of the Civic Arts Plaza and the former City Hall site at 401 W. Hillcrest Drive, would be affected by the amendment, she said.

“The private side of the Civic Arts Plaza and 401 Hillcrest are both city-owned, but we could increase the zoning and sell them without a vote of the people,” Zeanah said Monday. “I don’t think we should treat the city, a large landowner, any different than others.”

Mayor Mike Markey said he is unclear whether there is indeed a sizable loophole in the growth-restriction measure, or whether such a loophole is worth spending taxpayers’ money to correct. But he said he is open to having city staff review Zeanah’s proposal, which is all she is asking the council to approve tonight.

“We as a council can’t change Measure E,” Markey said. “That would have to go before voters, and that would probably cost us $100,000, so we need to discuss whether that’s really worth it. I’m not really sure where she’s coming from, because I think voters knew what they were voting for, but I’m willing to discuss it.”

Councilwoman Judy Lazar said she did not see any flaws in Measure E, noting plans for the land beside the Civic Arts Plaza and the old City Hall are governed by specific plans that already restrict their density.

“I don’t see any loophole there,” Lazar said. “I think some people are trying to create the impression that there is a loophole where there is not. All of the properties she mentioned already have specific plans.”

City Atty. Mark Sellers could not be reached for comment.

Zeanah estimates from reviewing a list of 427 city-owned parcels in Thousand Oaks that there are more than 3,800 acres of land that could--and should--be covered by her proposed change to Measure E.

City Finance Director Bob Biery said he had yet to examine the details of Zeanah’s proposal, adding that its potential impact was unclear. But he said there were only a few sizable city-owned properties that would likely be affected because many of the others are small easements for utilities or industrially zoned parcels, which are not covered under E.

“She [Zeanah] obviously is targeting certain properties, since she named them in the report,” Biery said. “There are a few other properties, but those are really the only significant ones I can think of.”