Council to Consider Funding Mall Suits

Oxnard’s city attorney is expected to ask the City Council tonight to approve $250,000 for legal costs to challenge a planned expansion at the Buenaventura Mall.

Gary Gillig said the money would be used to cover fees associated with two lawsuits Oxnard has filed since Ventura’s City Council approved the $50-million project nearly two months ago.

Two anchor stores in The Esplanade Mall in Oxnard have agreed to relocate to the Buenaventura Mall if the renovation occurs. The departure of Sears and Robinsons-May could result in the loss of more than $500,000 in annual sales tax revenues to Oxnard.

Gillig said city officials will decide whether to take the money out of Oxnard’s general fund operating reserve, which stands at about $6.3 million.

The city is expected to use about $150,000 to go forward with its first lawsuit in which the city argues that the environmental impact report Ventura commissioned on the expansion has serious flaws.

Filed March 8, the second suit contends that Ventura violated city ordinances and state law by approving sales tax paybacks to developers and other arrangements. Gillig estimates the city will spend an additional $100,000 to support this second suit.

“I think the [second suit] will be on a wait-and-see basis,” Gillig said. “There are a number of issues that need to be explored.”

Ventura officials have dismissed both lawsuits as mere delay tactics, saying the city has complied with all city and state regulations.

Oxnard has hired the Los Angeles law firm of Kane, Ballmer & Berkman to assist the city with any litigation against Ventura.

Lawyers for both cities are due in court Wednesday to decide whether the suit challenging Ventura’s environmental review should be heard in another county.

Oxnard is also set to vote on whether to approve spending another $155,000 in miscellaneous legal fees--including $60,000 to pay a consultant to help write a city charter. A citizens committee is set to meet Wednesday on whether to pursue the charter concept, which would allow Oxnard to have more than five council members and make other changes.