The removal of two planning commissioners last week by the City Council, stemming from a discussion and action of the Planning Commission at the meeting of Dec. 1, gives the City of Malibu another “black eye.” The responsibility for the entire fiasco rests solely on the shoulders of the assistant city attorney, who should have intervened at the beginning of any discussion, advised them of the proper venue to resident’s complaints, and given the commission the proper direction on how to proceed. None of which occurred. Instead, the assistant city attorney did not intervene and give direction and options, instead had to be questioned by the chair at least three times, gave non-responsive answers, got tangled up in the semantics of jurisdiction, and failed to give the correct and appropriate direction. What a sad state of affairs.
This entire incident should never have happened. The assistant city attorney should have intervened and advised the council as to the proper venue to listen to the complaint/petition being brought forward, and then advised the commission to “just give the staff direction to bring the matter back at a later date for ‘discussion’ of the underlying issue only and what might be done about it.” That is, staff error. . . again.
This type of situation has happened at City Council on numerous occasions, and the city attorney has immediately intervened and advised the council as to the proper venue, not to vote or discuss the item, and recommended they “just give the staff direction to bring the item back at a later date for discussion, and we’ll have the staff look into the complaint and bring you a report.” This is exactly what happened in the not-too-distant past with regard to a complaint brought by the La Costa Homeowners – very similar in nature to the one brought to the Planning Commission last week – staff error.
What is most disturbing about this whole situation is the reprehensible and unconscionable conduct of the city attorney, publicly condemning and castigating representatives of the City of Malibu – her client, whom she legally represents and defends in court. I find this a most egregious violation of the Code of Ethics.
When is the City Council going to wake up, and once and for all, get rid of the “root” problem here, i.e. in-house staff? It’s about time they realize that they haven’t saved any money, because it has all gone to defend lawsuits, many brought about by “staff error.” It’s about time they realize that the planning department in our town is too small to attract truly qualified, career planners. The pay is too low and there’s no chance for advancement. We need to go back to contract staff. They have years of experience, they don’t develop personal relationships with developers/facilitators, they can’t be wined and dined, won’t accept realtor/title company party invitations, aren’t subject to bribes or favors, such as a “great deal” on a rental unit for themselves – all of which is currently happening now.
What a mess, and this all could have been avoided. What’s more tragic is that the job of a planning commissioner has a long and difficult learning curve. And, just when we have huge projects and code changes coming before the commission, we are going to be faced with new commissioners who haven’t got a clue about anything, let alone the complicated issue of land use. Poor Malibu.
Jo Ruggles