COUNCIL'S ACT CALLED ILLEGAL; COUNCIL ACCUSED OF ACTING ILLEGALLY.Byline: Cecilia Chan Staff Writer THOUSAND OAKS Thousand Oaks, residential city (1990 pop. 104,352), Ventura co., S Calif., in a farm area; inc. 1964. Avocados, citrus, vegetables, strawberries, and nursery products are grown. - An attorney representing homeowners opposed to a dam project is demanding the city correct what he said is a violation of the open meeting laws that occurred during a recent City Council meeting. Attorney Edward Masry said the City Council violated vi·o·late tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates 1. To break or disregard (a law or promise, for example). 2. To assault (a person) sexually. 3. the Ralph M. Brown Act when it voted 3-2 on Councilman Andy Fox's Jan. 4 motion to ``not deal'' with the Lang Ranch Dam project on future agendas. Under state law, a legislative body is prohibited pro·hib·it tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its 1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid. 2. from taking action on any item that does not appear on the posted agenda. ``I don't see any difference of saying we are not going to talk about it as we are going to talk about it,'' said Masry, who wants the item back on the agenda. ``It's still a Brown Act violation. ``They suddenly threw something on the agenda and what was thrown on the agenda is (they are) not going to talk (about) Lang Ranch dam,'' he said. However, it's the city's position that no violation took place. ``The Brown Act was amended a number of years ago, allowing a City Council to react to a request made at a public (comment period),'' City Attorney Mark Sellers said Tuesday. ``What the council said was, let's not Let's Not is a science fiction short story by Isaac Asimov. It was first published in Boston University Graduate Journal in December 1954. It was written for no payment as a favour to the journal, and later appeared in the collection Buy Jupiter. have it on a future agenda, let staff take care of it. That is OK under the Brown Act.'' Sellers said it's within the norm for council members to direct the staff to respond to a public concern, and that the Brown Act allows the council the ability to set its future agenda. Resident and activist Laura Lee Custodio had asked the council to consider the Lang Ranch dam on a future agenda after an endangered en·dan·ger tr.v. en·dan·gered, en·dan·ger·ing, en·dan·gers 1. To expose to harm or danger; imperil. 2. To threaten with extinction. plant was discovered on the property. Lang Ranch residents oppose the 11.5-acre flood control basin, saying it would destroy an ancient oak grove Oak grove may refer to
Oak Grove is a common name for several places in the United States of America. , bring down property values and impair im·pair tr.v. im·paired, im·pair·ing, im·pairs To cause to diminish, as in strength, value, or quality: an injury that impaired my hearing; a severe storm impairing communications. the view. Masry said in a letter to the city that he wants the council to ``resubmit Verb 1. resubmit - submit (information) again to a program or automatic system feed back return, render - give back; "render money" this matter for further review in a regular meeting.'' He said he anticipated the city's response, and said he might seek further legal action. In September Masry filed a lawsuit on behalf of Lang Ranch residents against the developer and most of the builders, claiming they violated the state's Unfair Businesses Practices Act by failing to tell home buyers about the 1,200-foot-long dam on Westlake Boulevard. A judge is expected to rule Monday on the defendants' motion to dismiss the lawsuit. |
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