
WHEN I LAST HEARD from my friends in the Pierpont community, they were up to their necks in sand dunes and bureaucratic red tape. The situation really hasn't changed much except that they are now buoyed by the results of a recent non-binding arbitration decision. But the rhetoric is still being piled on higher than the sand dunes.
As I've reported in past entries, residents have been stymied in their efforts to get both city and Coastal Commission permission to move sand away from their homes which is now damaging their properties.
Homeowner Ron Wilson is the only one who has been issued a permit to move the sand away after encroaching dunes shattered a glass retaining wall outside his oceanfront home. He recently won an arbitration decision in his quest to recover damages from the city for $37,000. However, Kate Neiswender, an environmental lawyer working on the case, said the city has decided to go ahead and pursue a trial date.
In other legal action, last spring a judge denied a preliminary injunction sought by the homeowners against the city to force the speedy removal of the sand piled up against their homes. That case is also yet to be resolved.
"The city was instructed by the judge not to let this fall into a bureaucratic black hole," Neiswender said. Yet that's exactly what has happened, she added. "The city is so unmotivated to help the people of Pierpont, it defies belief," she said.
The City Council has been doing what it can to move things along, said Mayor Christy Weir. She spoke with Assemblyman Pedro Nava, who was once on the Coastal Commission. Weir asked for advice on what the city can do to appease this state entity which has maintained all along the Pierpont area is a sensitive environmental habitat for rare plants, nesting birds, globose dune beetles and legless lizards. Using mechanized equipment to move the sand is out, the commission has said, and they have the final say.
BUT NEISWENDER MAINTAINS it's now the city holding things up, as they are the ones who issue the permits to move the sand. She pointed to a July 25 meeting between representatives of the Coastal Commission, State Parks and the city on behalf of Dan Scully, a resident whose situation is the most urgent. "The agreement was we could move the first three feet of sand away by hand. We are allowed to move it as many times as we want.
"Of course we are required to sift through all the sand like little kids, looking for legless lizards and globose dune beetles."
City Attorney Ariel Calonne said the residents' first attempts at applying for permits did not fulfill the Coastal Commission's many requests as spelled out in a detailed letter. "The first applications that came in ignored that letter and, in all candor and honesty, were worse than the back of a napkin in terms of literally sketching out what would happen," he said.
Five residents, including Scully, resubmitted their applications weeks ago for hand clearing of the sand, Neiswender said, following the July meeting with the Coastal Commission. A biologist was hired to look through the sand first. There are no nesting birds or rare plants, she said. Nobody knows about the beetles or lizards.
Calonne acknowledged the resubmission. "We agreed to issue him (Scully) an administrative permit. He has done his biological report. He will get permitted after the administrative hearing, which is being pre-reviewed by Coastal Commission staff so we're sure they won't appeal. The rest of the folks finally submitted biological reports about three weeks ago and are being queued up to get through the administrative hearings as fast as possible," he said.
If this has been as exhausting to read as it was for me to write, just think of how these residents are feeling about now.
All this to move a little sand.









Oh wonderful, snarky dueling attorneys. I can hear those legal bills piling up now.
I would be inclined to have more sympathy for these people if I didn't know they were sitting on million dollar homes. Having the arbitration suit come out like that worries. Is the whole city going to have to pay to move the sand now? Let them save their houses but I don't want to pay for it. If you live at the beach... sand happens!
"The agreement was we could move the first three feet of sand away by hand. We are allowed to move it as many times as we want"
Sort of like me being allowed to mow my lawn as often as I want.
Glad I don't live at the beach. Then again, if I did, I probably would move the sand away from my house at night (with a motorized implement) illegally and let the State figure out who did it....
What "expert" gave the Coastal Comm'n the data it relied on to preclude the removal of sand and who, if anyone, appealed it ? If this same set of facts were in evidence in L.A. or Orange County, I might suggest the sand would be long gone by now. The fact that the City of Ventura owns some 400 vehicles and yet not one is apparently capable of pushing some hyper-legal sand away is about as mind-boggling as when it [ the City } unilaterally removed hundreds of tombstones from Cemetery Park 30 years ago and deposited them into barrancas adjacent to our city-owned golf courses, without so much as a notice to the heirs.
Marie,
I don't have much to add here but couldn't the homeowners agree to take a bucket of sand each a day and throw it somewhere else?
Uh, not without sifting through it first looking for legless lizards and globose dunes beetles....
We're talking about TONS of sand piled up against homes which is now torquing foundations.
The experts were from the Coastal Commission itself. Their own biologists. It would be illegal for the city to push the sand away with mechanized vehicles. Other cities who have done so against Coastal Commission orders have been HEAVILY fined. The CC has the final jurisdiction over the city. It is a very powerful board.
I wonder if there are some parallels to the La Conchita case: the City maintained the beach, keeping the sand from building up against walls, until 1999, then stopped, creating a potentially dangerous situation. If a glass wall, concrete seawall, or house wall collapses due to sand buildup,and someone is injured or killed, who has liability?
There must be an appellate body in our legal system whereby declaratory relief can be sought over a body like the Coastal Comm'n - a non-elected appointed body. It makes absolutely no sense that their saying so makes it fact.
Here we are..... our economy is literally imploding upon itself, the country is engaged in 2 wars, global warming threatens the existence of life on earth as we know it, yet taxpayers in Ventura can't move some beach sand away from their homes! Lets hear it for our leaders who, at every level, have managed to drop the ball!
Yes, Bill. What is going on out in the world makes all this blog nonsense pretty insignificant, doesn't it?
But if you guys finally get the permits to remove your sand I will come over and help you look for those globose dune beetles and relocate them to a safe, happy home.
My view of the sand dunes is blocked by these homes....take them all out, and restore my view....