Suit Opens a Door on Oxnard Deal

As construction continues on a $15-million theater complex in downtown Oxnard, a legal battle got underway this week in Ventura County Superior Court, in which it is alleged that the development deal involving city property and financing was conceived in secrecy and lacked adequate public input.

In a lawsuit filed against the city, retired real estate agent Martin Jones is asking a judge to nullify the theater project and order the City Council to tape-record all closed-door meetings pertaining to any future development on the downtown site. Recordings of such meetings are not required by law.

Jones contends that the council, acting in its capacity as the Community Development Commission, on numerous occasions violated the Brown Act, the state law that requires open meetings of governing bodies. In 2002, the commission held more than half a dozen closed-door meetings during which details of the theater project were discussed.

“We’re saying they failed to disclose virtually any aspect of this deal until it was completely decided on,” Richard Tentler, Jones’ lawyer, said outside of court Thursday. “There was no opportunity for citizens to participate in what was going on.”

Jeffrey H. Speich, who represents the city, said that since the project was first conceived in 1996, there had been at least 10 public meetings at which residents were able to voice their opinions and concerns.

He said, “The public had all sorts of opportunities to participate in this.”

Speich said city officials were not legally bound to make every detail of the project’s negotiations public until a deal had been struck with developers.

The retail complex, which will face historic Plaza Park and include shops, restaurants and a 14-screen theater, was ultimately approved by the city in late 2002. The development is part of a multi-phase plan to revitalize the city’s struggling downtown.

The project’s groundbreaking took place earlier this year.

Following opening statements in the nonjury case Thursday morning, Judge Vincent O’Neill Jr. heard testimony from Oxnard Community Development Director Curtis Cannon, the chief negotiator on the theater project.

Cannon testified that commission members held closed-door meetings in May, June and July of 2002 and that during those months he was hammering out major aspects of the project, including financing, development and the construction of a city-financed $9-million parking garage.

In public notices of those meetings and others that occurred, Tentler argues that city officials were legally required to state the specific properties that would be discussed and the names of all people participating in negotiations.

Tentler said that public notices about closed-door hearings held in 2002 to discuss the theater project stated only that city officials would be discussing the sale of downtown property with Cannon. In the lawsuit, Tentler’s client states that the actual developer that the city entered into an agreement with on the property was not named.

“The defendants have engaged and continue to engage in a pattern and practice of improperly holding closed sessions ... to discuss and receive information,” according to the suit.

When asked about the alleged violation, Cannon testified that because he was not responsible for drafting public notices he had no knowledge of why certain details would have been included or omitted.

Oxnard City Atty. Gary Gillig, whose office handles such notices, is also expected to testify.

Both sides plan to call open-meetings experts in the trial, which is expected to last a week.