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Dishonesty/Illegal Activities
As a person running for City Council I am able to ask the City questions,
which they are supposed to answer.
I am not an attorney,
so these statements are my opinion,
but I would LOVE to have an attorney give their opinion on this matter.
Everyone that I had heard from,
including City Staff (Neighborhood Council),
the Assistant City Attorney (Planning Commission) and
even the City Attorney (Council meeting) all
said that the City could not look at the HOA or CC&Rs to determine whether or
not to grant a CUP,
but that is EXACTLY what they did.
I asked the question several times:
Is it legal for the Council to require HOA approval for a CUP? Yes or No.
The response back was:
The City does not defer to an HOA the decision to approve or deny a City
Conditional Use Permit.
Which is non-responsive, deceptive and in my opinion completely dishonest.
There was NOTHING mentioned about deferring to a HOA,
but if the City Council refuses to issue a CUP unless the HOA approves that
is also not deferring,
it is their decision.
I was told that this lack of response came from the City Attorney Tracy Noonan.
It seems clear to me that she does not want to give the real answer,
which that it is,
in fact,
illegal,
because that would mean that she knows that the City Council violated the law
and that also that she took part in the activity.
All of this can be verified by talking to the Miller's and also looking at
what occurred.
Tracy Noonan appears to be protecting the City Council,
rather than following the law,
and thereby trying to protect her job.
This is putting the City of Simi Valley at risk of a lawsuit which could
cost the residents a lot money.
Remember,
the City Council nor the City Attorney will pay the costs out of their
own pockets.
Based on this response,
or lack thereof,
it seems clear that me that Tracy Noonan needs to be part
of the City Council House Cleaning.
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Written:
08-Dec-2010
Updated:
08-Dec-2010
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