Williams accused of bias by developer
A developer's attorney claims Mendocino County Supervisor Ted Wiliams is biased and should either recuse himself or be disqualified from voting May 7 at a crucial county Board of Supervisors hearing on a use permit for a hotly debated 10-pump Redwood Valley gasoline station.
“Supervisor William's comments on the record clearly demonstrate that Faizan cannot receive the due process required under California law that the hearing be fair, that the decision makers not be biased, or committed to a certain result, and that the decision makers do not abuse their discretion,” said Brian Momsen, represents Haji M. Alam, Faizan corporate president.
Williams is seen as the possible majority vote to deny the permit, which has received stiff opposition from some Redwood Valley residents.
In an April 10 letter demanding Williams either recuse himself or be barred from voting at any further hearings on the application, attorney Momsen ripped multiple Williams' statements at a the March 26 hearing he described as `quasi-judicial' under based on California law overseeing land use decisions.”
“This is not a case of the appearance of bias or potential bias. Instead, Supervisor Williams exhibited actual bias on the record,” declared Momsen.
Williams publicly has sided with Redwood Valley residents who have rallied in opposition to the project, first approved in 2016 but delayed because of the Covid pandemic, and then revived by Alam.
Alam's Faizan Corp. owns numerous gasoline stations/market operations in Mendocino, Lake, Sonoma, Marin, Alameda, Contra Costa, and Yolo counties. The proposed Redwood Valley project is located on the east side of Highway 101 in a strip mall and is seen by proponents as an anchor tenant. The Redwood Valley Municipal Advisory Committee and some neighbors oppose the development, fearing its scale will create traffic issues.
The county Planning Commission denied Alam's permit on Jan. 5, and the decision was appealed to the Board of Supervisors on March 26.
The board then decided to continue its review pending a county analysis of a recent traffic study, which disputed Caltrans's belief
that the new station could generate 5,300 daily trips. Based on activity at another Chevron station he owns nearby, Alam says that the daily count is likely to be under 1,000. Also at issue is Caltrans's insistence for safety reasons that if the station is permitted, Alam pay to close the highway median north of the proposed station, a cost estimated to be $2 million.
Attorney Momsen cited numerous Williams' comments during the March 26 hearing and blasted the supervisor's “half- baked conclusions.” Among them were Williams' declarations that the board, despite deciding to review the issue further, doesn't have an obligation “to find the reason to deny it,” or “I'm not going to approve this. My vote is not to issue a use permit.”
Williams on Friday defended his comments.
“I attended the hearing with an open mind,” said Williams.
Momsen, however, said Wiliams “simply does not want to hear the evidence, even further evidence on the key issue of how much traffic the project will generate. If the scientific studies show that the project will only generate ten trips per day, this evidence will have no bearing on his decision because, in his mind, the people of Redwood Valley `have spoken' against the project. He `knows how Redwood Valley feels.'”
“Factual findings do not matter to Supervisor Williams either. These are something that someone can `cobble together' later after he has made his decision already on God only knows what basis,” complained Momsen.
Momsen said, “He even thinks he does not have to have any reason to justify denying a permit application, and apparently has no clue that he is supposed to be acting as a quasi-judicial hearing officer following well- established law and basing whatever decision he makes on substantial evidence in the record.”
Momsen said, on behalf of Alam, said that he wants Williams “disqualified from further participation, deliberation or voting regarding this permit application or that he recuse himself.”
Momsen warned the county board that allowing Williams to continue participating in hearings after making his “outrageous comments” on the record could lead to a legal court challenge and a decision remanding “this matter back to the board if William's vote is the deciding vote that denies the application.”