2009-10-23 / Front Page

City, high school district at odds over proposed outdoor theater

By Michelle Knight knight@theacorn.com

The city of Camarillo last week put on hold plans to sue the Oxnard Union High School District if it proceeds with a deal allowing a developer to build a movie theater at Adolfo Camarillo High.

Camarillo city attorney Brian Pierik, in an Oct. 7 letter to Oxnard Union attorney Tom Griffin, gave the school district until Oct. 14 to rescind its agreement with Schlosser Development Corporation. Pierik wrote that the school district is acting under a property leasing law that doesn’t require the district to obtain zoning change approval from the city and take other necessary actions.

On Wednesday, Griffin said he phoned Pierik after receiving the letter last week to let him know the district hasn’t yet signed the contract with Schlosser. The company has yet to submit crucial documents, such as the final design and specifications of the amphitheater.

“We think we’re authorized under the law to do this project . . . but we want to work cooperatively with them,” Griffin said of city officials.

Pierik said the city is holding off on the lawsuit until the two sides meet to discuss the city’s concerns. “We’ll take this one step at a time,” he said on Wednesday. “What happens after that depends on what happens in those discussions.”

No meeting date had been set by press time.

Last month, the Oxnard Union school board approved a deal with Texas-based Schlosser Development Corporation to construct a 600- to 900-seat outdoor amphitheater with two IMAX-like screens, a concession stand and restrooms between the football field and 101 Freeway.

Pierik contends in his letter that the school district should act under the state education code’s Joint Use Act, which allows a school district to enter an agreement with a private firm to construct buildings on school property for joint use.

But the law has several requirements that must be met before entering the agreement and Oxnard Union has not met them. Those steps include holding a public hearing, getting approval from the State Board of Education and obtaining a bond or letter of credit from the private firm that protects the district from financial damage should the venture fail.

Pierik also stated that the school district didn’t perform an environmental study required by law that would reveal and require mitigation of any significant impacts the amphitheater would have on traffic, noise, public safety and other issues.

Griffin said the city isn’t an expert on the complex California education code and is “100 percent wrong” on which law applies to the Schlosser deal.

“If they want to go out and sue, I guess they can do it, but they’re going to lose,” he said.

Griffin said the letter from Pierik came as a surprise to Oxnard Union officials, who’d met with Camarillo city officials in June to inform them about the possibility of building a theater at the school. The city was okay with the project at that time, Griffin said.

Camarillo City Manager Jerry Bankston said district officials talked about the theater in general terms and that even then city officials said they were concerned about traffic and environmental impacts.

Bankston said the city isn’t interested in evaluating the merits of the theater but simply wants the school district to follow the proper legal procedures.

Griffin said he expects to send a letter this week suggesting a meeting date between the district and the city.

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