The City Council has asked a Superior Court judge to decide who
is right over a land-use issue based on a technical mistake in the
general plan.
The City Council has asked a Superior Court judge to decide who is right over a land-use issue based on a technical mistake in the general plan.
The issue sparked what was termed “City Hall scandal” when City Attorney Helene Leichter was accused by developer Howard Vierra and his attorney and partner Bruce Tichinin of changing her mind on the matter – she and City Manager Ed Tewes originally differed on Vierra’s application – because they alleged she and Tewes were having an affair.
Both strongly deny this but the idea apparently caused Tichinin to hire a private investigator to follow Tewes on an out-of-town trip to Huntington Beach, hoping to find evidence of an affair.
None was found by the investigator, nor was any evidence found during a subsequent investigation by Councilmen Greg Sellers and Larry Carr.
Caught between advice from Leichter and Tewes on one hand and a request by Vierra and Tichinin over what the general plan says about property on the slopes of El Toro Mountain, council filed a lawsuit for declaratory relief against Vierra.
Mayor Dennis Kennedy explained Friday that, while the “declaratory relief” is technically a lawsuit, the city is only asking for a decision, not money or punitive charges against Vierra.
Vierra wants to build six homes on his 4.5-acre lot, located at the end of West Main Avenue.
In January, Community Development Director David Bischoff, now retired, told the council that the development line was drawn with outdated technology and was probably not where it would be if it had been drawn with newer methods.
The case has been assigned to Judge William Elfving and will first appear before him on January 11, 2005.
