Coalition for Historical Integrity v. City of San Buenaventura CA2/6

Filed 5/12/23 Coalition for Historical Integrity v. City of San Buenaventura CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

COALITION FOR 2d Civ. No. B319536 HISTORICAL INTEGRITY, (Super. Ct. No. 56-2020- 00543397-CU-PT-VTA) Plaintiff and Appellant, (Ventura County)

v.

CITY OF SAN BUENAVENTURA,

Defendant and Respondent.

This case illustrates the obvious; attitudes and values change. The City of San Buenaventura (City) removed a statute of Father Junípero Serra because it is now offensive to significant members of the community. This appeal stems from the denial of a writ of mandate to require the City to restore the statute. We do not judge the wisdom or the action of the City’s legislative enactments. (Wells Fargo Bank v. Superior Court (1991) 53 Cal.3d 1082, 1099.) We affirm because the City acted within its legislative prerogative.

FACTS The Statue of Junípero Serra In 1936, a concrete statue of Serra was dedicated in front of the Ventura County courthouse, now San Buenaventura City Hall. At nine feet four inches the statue was larger than life and stood on a rise overlooking all of downtown. In February 1974, the City adopted a resolution declaring the statue to be a historic landmark, designated as Landmark No. 3. The Bronze Replica Statue Departure By 1983, the statue was showing its age. It was cracking and in danger of falling apart. The City replaced the concrete statue with one cast in bronze. A local woodcarver created the form that was used for the cast. The new bronze statue of Serra was dedicated in 1989. A plaque was placed at the base of the replica statue that stated, “Landmark No. 3.” The City’s Review of the Statue’s Landmark Status In 2002, the City created a list of historic landmarks. The bronze statue was placed on the list designated as Landmark No. 3. Also in 2002, at the City’s request, the Ventura County Recorder recorded the 1974 minute order designating the original Serra statue as a historic landmark. In 2005, the environmental impact report for the City’s General Plan included the bronze statue on a list of landmarks in an appendix to the report. The General Plan marks the location of the statue as a historical site. In 2007, as part of the Downtown Specific Plan (Specific Plan), the City commissioned the Historic Resources Group (HRG) to conduct a survey. The purpose of the survey was to determine whether existing landmarks retain sufficient historic integrity to remain eligible for that designation. The survey