MOORPARK : Kane Advises Against Slow-Growth Plan

Trying to avoid a costly lawsuit, the Moorpark city attorney has warned the City Council against adopting a strict new growth-control ordinance.

City Atty. Cheryl Kane on Wednesday advised council members that a recent court case indicates the city’s slow-growth measure under consideration may be legally indefensible.

It was the second time in as many months that the council has heard warnings about legal troubles if it adopts the new ordinance, which would replace the existing growth-control law--Measure F--when it expires at the end of 1995.

In August, a building industry group threatened the city with a lawsuit if the council approves the proposed ordinance.

The city of Oceanside recently lost a six-year legal battle over a similar slow-growth law. Oceanside spent $2 million trying to fight off a legal challenge made by the Building Industry Assn. of Southern California.

Pointing to the Oceanside case, representatives from the BIA told the Moorpark City Council in August that city officials would lose a legal challenge against the slow-growth ordinance if it is adopted.

At Wednesday night’s meeting, Kane told council members that the legal opinion in the Oceanside case could set a precedent for other cases. Although the California Supreme Court is considering hearing an appeal of the ruling, Kane said the case points out many weaknesses in the legal standing of Moorpark’s potential ordinance.

Several council members said that in light of the new decision, they would consider backing away from the proposed slow-growth law.

“Maybe we need a different approach,” said Mayor Paul Lawrason. “I don’t support spending public funds defending legislation that I find suspect in the first place.”