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Judge Invalidates Shrinking of Harbor District : Port: The ruling says a county agency mistakenly confined the boundaries of the port overseer to Oxnard and Port Hueneme.

TIMES STAFF WRITER

In a political blow to the cities of Oxnard and Port Hueneme, a Superior Court judge issued a ruling Tuesday that supports the Oxnard Harbor District’s effort to retain about 75% of its territory.

Superior Court Judge Melinda A. Johnson invalidated a March 30 decision by the Local Agency Formation Commission to shrink the boundaries of the district to place it within the two cities.

In a ruling released Tuesday, Johnson said the decision was in error because LAFCO board members failed to consider calling for a vote of the residents within the district before approving new boundaries.

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The Harbor District operates the port, the only deep-water harbor between Los Angeles and San Francisco.

LAFCO decided March 30 to detach from the district an area that covered about 80,000 voters and 140,511 acres in the cities of Camarillo and Thousand Oaks and unincorporated areas of the county.

The agency’s decision meant that only Oxnard and Port Hueneme would be represented on the district board. The five board members are now elected by voters in all four cities.

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City officials in Oxnard and Port Hueneme had supported reducing the district because it would give them more control and added leverage in dealing with traffic, pollution and other problems generated by the harbor.

Officials in Oxnard and Port Hueneme have insisted that the two cities should have the lion’s share of the board representation because their residents are most affected by traffic and pollution from the port. Those cities also provide fire and police protection for the harbor.

Robert Braitman, LAFCO executive director, said he was surprised by the judge’s decision and would discuss it at the agency’s Sept. 15 meeting. The commission could take the matter to a state appeals court.

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Johnson’s ruling came in response to a lawsuit filed in May against LAFCO by the Port District and two of its board members. The suit contends that the shrinking of the district unlawfully deprived residents of their right to vote for or seek election as harbor commissioners.

In her ruling, Johnson said Braitman “erroneously advised” LAFCO board members that they had no discretion to order an election.

Oxnard City Atty. Gary Gillig said LAFCO can resolve the matter by simply reconsidering the issue. He said the ruling does not require a vote of residents; it just requires the board to consider that option.

He said Johnson rejected LAFCO’s decision on the basis of a “procedural glitch” that “can be corrected without much difficulty.”

Attorneys for the district could not be reached for comment Tuesday.

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