Simi planning commissioner won’t be censured over relationship with developer

The Simi Valley City Council will no longer consider censuring city Planning Commissioner Allan Mann over his business relationship with a developer.

On a 3-2 vote, the council Monday night shot down a motion to discuss possibly sanctioning Mann at its Dec. 5 meeting.

Censuring him could have been weighed if a majority of the council determined that his professional dealings with JBR Development constituted a violation of the city's Code of Ethics and Conduct.

But that’s now off the table.

“That puts it to bed,” Mayor Keith Mashburn said after the vote. “This is done. There’s not going to be another hearing.”

Mann, a Simi Valley real estate agent, said Thursday he felt vindicated.

“All along I’ve said I did nothing wrong,” he said. “I’m truly happy that a majority of the City Council felt that there was no need to pursue this to a censure hearing."

Councilwoman Ruth Luevanos made the motion which Mashburn seconded. Both voted for it.

Voting against it were council members Dee Dee Cavanaugh, Mike Judge and Elaine Litster. Cavanaugh nominated Mann to be appointed to the commission in 2016.

In 2018, while sitting on the commission, Mann voted twice in favor of the developer’s proposed 13-home project, Fountainwood Estates. The City Council approved the for-sale development that year.

In June, Mann was selected by the developer as the co-listing real estate agent for the project, according to a report from City Manager Brian Gabler. Mann works for Keller Williams Realty in Simi Valley.

Six of the homes are under construction and up for sale, Mann said.

In response to inquiries by City Attorney David Caceres, Mann said he had no personal or financial involvement with JBR at the time he voted for the project, Gabler's report says.

"Based on facts presently known to city staff, Commissioner Mann did not have a legal conflict of interest" under the state’s government code or the California Political Reform Act, the report says.

Nor did Mann have any conflict of interest or ethics violations under the state's Fair Political Practices Commission, according to the report.

But Luevanos and Mashburn contended that he violated a section of the city’s ethics code which states that "the professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety."

“The word ‘appear’ is very important,” Mashburn said at Monday’s council meeting. “I’m not saying there was a conflict, I’m saying there’s clearly the appearance.”

Luevanos took an even harder line.

“Anyone who showed up for the opening of the Fountainwood Estates would see a planning commissioner there as a listing agent, making money off a decision he made four years ago,” she said.

Mann was at the meeting but didn’t speak.

But he said earlier this month there was no ethical violation "given that over three years had passed from the time that project was approved to my (business) involvement with it."

Judge said Monday night that in light of Mann having no legal conflict of interest, pursuing the matter further amounted to “dragging a good man’s name through the mud.”

Mann’s co-listing agent is Sally Becerra, wife of former Simi Valley Councilman Glen Becerra.

Mike Harris covers the East County cities of Moorpark, Simi Valley and Thousand Oaks, as well as transportation countywide. You can contact him at mike.harris@vcstar.com or 805-437-0323.