Commission Passes Marijuana Joints to Council

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The two proposed marijuana dispensaries are located just under 1,000 feet apart, the minimum distance, according to city ordinances 

The Planning Commission majorly sidestepped a decision Monday night on two proposed medical marijuana dispensaries, choosing instead to let the City Council decide. 

“I think it’s very apparent, this has headed toward City Council all along, and at the end of it, I guess that truth is all too apparent,” Chairman Mikke Pierson said following the final vote of the marathon meeting, which wrapped up around 11:30 p.m. 

“We were put in a position that we shouldn’t have to be put in. Whatever we decide, this whole thing is going to come to council because everybody’s going to appeal,” Brotman said, echoing Pierson’s opinion. 

The vote followed two weeks of complaints by residents who claimed that Vice Chairman David Brotman and Commissioner John Mazza exercised favoritism at their last meeting on Sept. 2, choosing to hear arguments for a proposed dispensary owned by Norman Haynie, rather than following the order of the agenda and hearing arguments for the 99 High Tide Collective, owned by Yvonne Green. 

The order that permits applications is crucial in this case, because only one of the two dispensaries can be opened. According to Malibu’s governing ordinance, pot shops must be at least 1,000 feet apart and these two properties are too close together to both dispense medical marijuana. In theory, whichever gets approval first will be the only one allowed to operate. 

On Sept. 2, Commissioner Brotman suggested rearranging the agenda to hear Haynie’s application first, citing more complicated issues in that application. 

“The last item seems to be more controversial and probably will have more to air out,” Brotman said, adding, “Personally, I’d like to hear that one before I hear the one that’s being recommended [Green’s].” 

City staff had recommended the commission approve Green’s application over Haynie’s. 

At the time, only three of the five commissioners were present. Mazza seconded the motion, although Pierson seemed to express some trepidation. 

“I understand why we’d want to switch, but … I couldn’t,” Pierson said, trailing off, before hearing Brotman’s request. 

The commission went on to “air out” Haynie’s proposal but ran out of time to hear Green’s. Although no decision or vote was made, several community members expressed their discontent with the decision. 

“[Vice Chair Brotman] took it upon himself to reverse these two cases, ignoring the legal impact of doing so, and certainly gave everyone the impression that he had a close relationship with ‘Norm,’” Helga Gendell, a concerned party who attended the Sept. 2 meeting, wrote in a letter sent to city officials and the The Malibu Times. 

“What happened at the Planning Commission hearing on [Sept. 2] is an utter and total embarrassment to the city of Malibu and a disgusting display of a good ol’ boys club,” wrote a Malibu resident who only identified himself as “John,” in another letter. 

In response to these complaints, Mazza accused the residents of misunderstanding how the commission operates. 

“The people who are writing letters are doing so because they don’t understand,” Mazza said before Monday night’s meeting. 

“If we had heard [Green’s] motion first, then we probably would have continued it and then heard Norm [Haynie]’s motion tonight, which would have put them second tonight, so they’re actually better off because they’re first tonight and this is the night we’re going to vote,” Mazza said. 

It appears the order the commission voted didn’t impact the results, since many commissioners abstained from voting or voted “no” simply to move both items to City Council, under the assumption both Green and Haynie would appeal. 

“Ever since this thing came before me I, I’ve been just, keeps me up at night because I say, I feel like we’re asking to be Solomon, and, I feel like what I want to do is cut the baby,” Brotman said, alluding to the Old Testament story of King Solomon suggesting he cut a baby in half rather than decide who gets custody. Brotman added that in his opinion, the only reason both couldn’t open is that they are just slightly within the legal limit for how far apart they must be. 

Brotman then abstained from the vote, along with Mazza, who announced his abstention later. Commissioners Stack and Pierson both voted no. Commissioner Jennings did not attend the meeting.