It was stunning to read the remarks made by Malibu
City Councilmembers Sharon Barovsky and Andy Stern about their sudden conversion to being concerned, not only about public interest procedures such as Brown Act compliance, but also their alleged desire for the Planning Commission to disclose ex-parte communications with applicants.
The Coastal Commission regularly complies with a rule about ex-parte communications, under state law, requires that each commissioner complete forms that go in the files for public review or express out loud at the hearing any communications that transpired prior to a particular issue being considered. This disclosure includes naming who was present at each communication and the nature of the communications.
My reaction of surprise over Ms. Barovsky and Mr. Stern firing their appointed planning commissioners over this issue was because Sierra Club sued the City Council for actions that included Brown Act violations, the part of the case which we won, and implementation of an ex-parte communication rule was something we sought unsuccessfully through this litigation.
Superior Court Judge Dzintra Janavs issued a strong rebuke of the council for attempting to conduct a meeting without complying with procedures that protect the public interest, particularly singling out then-Mayor Joan House for her clear ignorance of the importance of these rules.
Judge Janavs went so far as to suggest that if she lived in Malibu, her vote at the next election would be in support of removing elected officials who displayed such disdain for rules that provide an even playing field for both the public and the applicants who want favors from city officials that are not always in the public interest.
After Judge Janavs issued her ruling for this part of the case, Sierra Club and the homeowner whose project was the topic of this lawsuit, attempted to settle the balance of our legal action. The only thing that prevented a settlement that should have happened was the City Council’s stubborn refusal to even place
on the council’s agenda a consideration of adopting rules for ex-parte communications like the California Coastal Commission requires.
Ms. Barovsky, I’m informed, was particularly incensed that we would ask for such a thing. Now Ms. Barovsky accuses Deirdre Roney of not complying with such rules that do not even exist on the books of the City of Malibu, in part because of her own refusal to adopt such rules.
It must be that election time is nigh in Malibu. This Treasure by the Sea called Malibu always turns into an upside-down world of Alice in Wonderland when City Council election seats are at stake. The three councilmembers up for re-election are three of those chastised by Judge Janavs. I hope Malibu citizens remember her suggestion.
Marcia Hanscom