Rivals on Same Side in Fight on Growth Plan

They are arch rivals on virtually every growth issue before the city, but Councilwoman Elois Zeanah and developers’ attorney Chuck Cohen have suddenly found themselves on the same side.

Both Zeanah and Cohen are opposed to Mayor Andy Fox’s growth-control measure on the November ballot, albeit for different reasons.

Now Zeanah and outgoing Councilwoman Jaime Zukowski are vying with with a friend of Cohen’s--landscape architect Lee Newman--to write the official opposing argument to be included in the ballot pamphlet.

The problem is that there can only be one opposing argument. And City Clerk Nancy Dillon said she does not want to give either group the nod over the other.

Dillon plans to draw lots to decide the winner--a situation that irks Zeanah and Zukowski, who believe that as elected leaders they should have the first shot at writing the argument.

“It’s a cop-out to say they are going to do this by lot,” Zeanah said angrily. “They need to make a decision, and if we aren’t chosen, I’m going to appeal this [in Ventura County Superior Court]. This is wrong.”

Fox’s growth-control measure would prevent any commercial or residential development from exceeding the guidelines for density in Thousand Oaks’ General Plan without approval from a majority of voters.

Local building industry representatives oppose the measure, contending it is unfair and unnecessary. Zeanah and Zukowski, meanwhile, have come out against the measure because they believe it contains numerous loopholes for developers and would probably be thrown out in court anyway, because similar ordinances have never withstood legal challenge.

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“We already have plenty of lawsuits against the city, and I think it’s reckless to put ourselves in another dangerous legal situation,” said Zukowski who will officially step down Aug. 13. “This is sure to be challenged.”

Fox, however, said Zeanah and Zukowski’s vocal campaign to discredit his measure is rooted in simple politics. He said the two councilwomen, who purport to be the only advocates of managed growth in the city, are being contrary because the rest of the council actually agrees with them for once.

He cannot help but laugh at the thought of Zeanah actually aligning herself with Cohen, he said.

“I think it is interesting to note that Mrs. Zeanah was trying to cut a deal with Chuck Cohen on Monday to get him to rescind [Newman’s] argument,” Fox said. “Here we have Mrs. Zeanah lining up with the development community! If that isn’t strange, what is?”

Zeanah and Zukowski’s interpretation of election law is different from that of Dillon and City Atty. Mark Sellers. The council members are convinced they have the first right at writing the opposition to a ballot measure.

Dillon disagrees. Because the City Council voted 3 to 2 earlier this year to write the argument for the measure, the council has already taken a stance on the issue. Therefore, the two dissenting council members do not have first rights, Dillon said.

Although Zeanah has not seen Newman’s argument against the Fox measure, she is convinced it would not be as good as hers, and said she is far from aligned with Cohen in any way. She charged that Fox had conspired with city officials and members of the development community to put forward a rival argument.

“This is too big a decision to be decided without [hearing] both sides of the argument,” Zeanah said. “The mayor suppressed our arguments at the City Council hearing, and now it appears they are trying to silence us through the ballot pamphlet.” Neither Newman nor Cohen returned phone calls Tuesday asking for comment.

Zeanah said she went to City Hall on Monday to submit her opposition argument before the end-of-the-day deadline when Dillon told her that another person was apparently on his way to do the same.

Much to Zeanah’s surprise, she said, Cohen then walked in. It was Cohen whom she and Zukowski have vilified for his successful work representing development interests in Thousand Oaks. Cohen submitted an argument written by Newman, and there began the dispute.

Although Cohen’s job is to protect developers, Zukowski contended there is something suspicious about his opposing this growth-control measure.

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She said Fox and the development community enjoy an uncomfortably close relationship--a charge Fox denies, saying he and council members Mike Markey and Judy Lazar are simply fair contrasted with their counterparts, who routinely vote down development.

“To have Chuck Cohen waltz in with an argument against a measure he supposedly did not author is strange, isn’t it?” Zukowski said. “Clearly, he is very involved. Why didn’t Lee Newman submit it?

“I have no way of knowing what their argument says,” she added. “But I don’t think these individuals would ever be critical of Andy. They would never do anything to hurt him.”

Fox disagreed, saying developers had a lot of reasons to oppose his measure, since it would make it much more difficult for them to build high-density, multifamily housing and other money-making projects.

“I can see why the development community would not want to see this pass, because this will have a negative impact on their industry,” Fox said. “But why are Mrs. Zeanah and Mrs. Zukowski against me on this? It’s got to be sour grapes, because I’m convinced this is what people want.”