Los Arboles deal reached
By Jesse Phelps

Major construction is under way on Montgomery Street and the Los Arboles luxury town homes aren't going away. A final settlement agreement was reached last week between the builders, the city and those who have been fighting to stop the development.

The Citizens to Preserve the Ojai and the Environmental Coalition of Ventura County agreed to accept $120,000 on May 29 to cease litigation against the development, which had already won several major rulings in court. Under the agreement the petitioning groups forfeit appeal rights on the prior rulings.

Los Arboles developers Lance Smigel and Lois Rice both expressed happiness at the outcome and gratitude toward those who helped them through the process.

"Lois and I sincerely want to thank all the people who supported the project all the way through," said Smigel. "To have enjoyed that support feels as good as the settlement."

Rice said she believes the developers have discovered the "highest and best use" of the land in question. "It's been a long haul and it's been very tough. We took basically a property that was not well developed and really took a lot of time with the plans and talked to the city and got lots of feedback from the citizens that we really took to heart. We changed a lot of the project as we went along. To have to go through three years (of litigation) has been disheartening."

Rice said that despite the concerns of the petitioners, she thinks that the project will be a boon to the downtown community. "I know that we're doing the right thing and the property's going to look beautiful when it's developed. (The people on the waiting list for apartments) are excited because they can walk. They don't want to drive. Just go to restaurants and enjoy that beautiful city that we're in. I think, in the end, the right thing was done and hopefully everybody will be very proud of it when it's over."

The settlement money will pay for lawyers' fees and, with what's left over, a fund will be set up to benefit projects in the community. The settlement agreement states that money not earmarked for attorneys should "pay for community benefits for the betterment of downtown Ojai (e.g. assisting to fund city sidewalk projects, community beautification projects, public art, ridepool, or other traffic reduction education programs or other projects petitioners believe in their discretion will serve to improve the local Ojai community.)"

No matter where the money will go, predictably, some of the petitioners were far less excited with the settlement than the developers. Russ Baggerly of the Environmental Coalition expressed his frustration with the legal system.

"Let's put it simply: we lost," said Baggerly. "Environmental lawsuits don't always win, especially in Superior Court. In fact, a win in Superior Court is a rarity. It has to do with the unfamiliarity of judges with all facets of all types of law. It puts them in a difficult position."

While Baggerly confirmed that he's not at liberty to fight this particular battle any longer, he did suggest that his group will remain an active participant in local affairs. "Losing's not easy. It doesn't mean we're going away," he said.

Ivor Benci-Woodward of the Citizens to preserve the Ojai said he wasn't upset, feeling that his group had fought the good fight. "I think we did everything that we could have done to make the project more environmentally appropriate for the city," said Benci-Woodward. "If the city council and staff work with the developers, you can't win. Clearly it was time to get out." He mentioned again that he felt it was inappropriate for the city change the general plan to fit the specifications of the Los Arboles project, something city officials have consistently denied. "You shouldn't have to change the entire city's future for one project," said Benci-Woodward.

Because the City of Ojai was named in the suits, many hours and dollars have been spent along the way by staff and council in attempting to resolve matters. For his part, city manager Dan Singer said he's glad to have the litigation behind him.

"In general, I think it's nice for the community and the city that we can put this matter behind us and move on," said Singer. Referencing the money earmarked for public improvements, he said, "It's nice that the developers were willing to make a further contribution to the Ojai community that would be of public benefit. Turning this into something positive would be really nice. I'm glad to get it behind us."

© 2003 The Ojai Valley News

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