received - granicus
TRANSCRIPT
PETER A GOLDENRING JAMES E. PROSSER EDWIN S. CLARK
Via Email and Overnight Mail
THE LAW OFFICE OF
GOLDENRING & PROSSER
A PROFESSIONAL LAW CORPORATION
ATIORNEYS AND COUNSELORS AT LAW
6050 SEAHA WK STREET
VENTURA, CALIFORNIA 93003-6622
January 23, 2019
Eugene F. West, Esq., Chairman [email protected] David Borchard, Vice Chair dborch [email protected] Steve Bennett, Supervisor [email protected] Charlotte Craven [email protected] Robert Eranio [email protected] Fox Canyon Groundwater Management Agency 800 South Victoria A venue Ventura, California 93009
Re: Green Hills Ranch, LLC
TELEPHONE (805) 642-6702 FACSIMILE (805) 642-3145
EMAIL: [email protected]
IRA GOLDENRING (1924-1986)
RECEIVED JAN 2 3 2019
FOX CANYON GROUNDWATER MANAGEMENT AGENCY
Dear Chairman West, Vice Chair Borchard and Board Members Bennett, Craven and Eranio:
Our client has communicated directly and through this office repeatedly with staff concerning the above referenced. On January 2, 2019, I wrote the Board asking that the matter be placed on the Board's agenda to deal with our client's requests for the well permit to be considered.
Since the correspondence of January 2, 2019, there has been no further communication from your staff. The only thing we have seen is that under the Executive Officer's Report the letter is noted as being received by your Board. That is on the agenda today, January 23, 2019, but the issue is not agendized nor is there a staff report nor is there any indication that the matter is placed on the agenda for discussion.
All of the communications by our client have been consistent with Emergency Ordinance E, irrespective of our legal view of the impropriety thereof. Whether pursuant to Article 2(H) as a request for the Executive Officer (staff) to address a variance or pursuant to Article 4, the result has been the same: FCGMA will not process the matter nor place the request of our client for consideration on the Board's agenda.
The failure to process our client's request, separate from anything else, constitutes a violation of our client's due process rights. The unwillingness of staff or your Board to place this matter on the agenda for consideration likewise constitutes a violation of our client's due process rights. FCGMA's legal position is that our client must exhaust administrative remedies before seeking Court involvement and FCGMA's counsel extol the virtues of FCGMA' s consideration process under Emergency Ordinance E. For two years Green Hills Ranch has sought the assistance of staff
Item 9F-2 - Page 1 of 2
Name: Eugene F. West, Chairman, et al. Re: Green Hills Ranch, LLC Date: January 23, 2019 Page: 2
to move this matter forward and your Board' s consideration, through staff and directly, to no avail. Neither has your staff advised of any deficiencies of information or process other than to make the inquiries that have been documented in the letter of January 2, 2019, and in the file. At no time has staff indicated there is any other process or information necessary for staff to consider, whether under Article 2 or this Board to consider under Article 4, the request of our client.
If FCGMA does not process our client' s two year old well permit request to administrative conclusion by February 22, 2019, or communicate immediately any specific administrative inquiries in order to effect the processing of the well permit, this shall be deemed an administrative denial and refusal of FCGMA to act consistent with its obligations under Emergency Ordinance E, which, whether under Article 2 or Article 4, is to consider an administratively processed well permit application.
PAG:nc 2104.12FCGMAO 1-23- 19
Very truly yours,
GOLDENRING & PROSSER A Professional Law Corporation
Dictated But Not Read To Expedite Delivery
By: PETER A. GOLDENRING
Item 9F-2 - Page 2 of 2