What is the role of Malibu’s planning commission — the five-member board appointed by city council to oversee “decisions and recommendations on planning and land use matters for the city” — when it comes to major developments?
It seemed on Monday that Council Member Laura Rosenthal felt the commission was not up to the task when it came to the approval of the cemetery to be built near the intersection of Malibu Canyon Road and Pacific Coast Highway.
“I think that it’s important for an elected body — and the planning commission is not an elected body — to weigh in on it,” Rosenthal said. “That’s all.”
Monday’s city council meeting took an unexpected turn as longtime council member and two-time mayor Rosenthal attempted to convince other council members to appeal the recently approved Malibu Memorial Park project, though she could not provide any grounds for doing so. During discussions, Mayor Skylar Peak seemed receptive to the idea, but the final vote came down 4-1 against Rosenthal’s suggestion. On June 7, the Malibu Planning Commission voted unanimously to approve the cemetery project, with no voices of opposition from the public at the hearing.
According to City Attorney Christi Hogin, the complex laws and ordinances in Malibu meant the only way council could weigh in on the project would be through an emergency appeal at the June 12 meeting, since the appeal period was set to expire Thursday — but council members (and project proponents) would not hear of it.
“[There was] no opposition. I can’t do an addition to a house in this town without any community opposition,” stakeholder Don Schmitz told council at the start of the item — which was not noticed on council’s agenda. “We have support from the Native American community, we have support from all sorts of stakeholders, including our neighbors. We worked for years to get this done. It is not an emergency, and it frankly feels a little inappropriate to have this thing yanked from underneath us.”
Developer Norm Haynie, who attends nearly every council meeting, told council the item was an “unprecedented action,” and Richard Weintraub, long the face of the project, had even stronger words.
“I’m just — I’m kind of in shock, to be honest. I left my daughter at home alone,” Weintraub said, adding he — in a polo shirt and blue jeans — was under-dressed because he came to city hall as soon as he heard it would be discussed.
“We worked so hard for the last seven years to do the right thing. I worked so hard with the community members, with Wishtoyo, with everyone in the community, and everyone seems to really like this project. We had no opposition,” he said. “I don’t know why ya’ll wanna make so much more work for yourselves, when the planning commission did such a damn good job.”
Mayor Pro Tem Rick Mullen said he did believe council was able to weigh in on the project, through their appointments to the planning commission.
“I think we have weighed in on it, actually,” Mullen told Rosenthal. “We’re an elected body and we’ve appointed planning commissioners to represent us,” later adding, “I have confidence that the process has worked properly. What I do know of this project is it seems to be in harmony with what I certainly ran for.” Mullen’s appointee to the planning commission is Chris Marx, currently serving his first term on the board.
Council members Lou La Monte and Jefferson “Zuma Jay” Wagner also voiced support for decisions made by their appointees to the commission, Jeffrey Jennings and John Mazza, respectively.
Rosenthal then dug in, directing her comments to Mullen.
“I don’t tell my planning commissioner how to vote, and I hope none of us do — that’s not our job,” Rosenthal said. “For you to say, Rick, that your planning commissioner voted the way you would have voted? You don’t know that.”
“I don’t believe I said that,” Mullen replied. “What I said was, I appointed a planning commissioner who goes through things with a fine-toothed comb and I have confidence in his ability to do his job.”
Later in the discussion, Mullen questioned whether Rosenthal had specific issues to address with the project.
“You appeal when there’s something wrong with the project,” he said. “But just to come and say, ‘Hey there’s a project being approved. I don’t know anything about it but, hey, let’s appeal it,’ I don’t think that’s how the system’s supposed to work.”
Rosenthal then alluded to the fact there were certain aspects of the project she wished to discuss, but refused to say what — per advice from Hogin.
“I could bring up specific things,” Rosenthal said. “I have been advised not to.”
“You’re telling me there are specific things you think are worthy to be addressed and are worthy of an appeal, correct?” Mullen asked.
“Yes,” Rosenthal replied.
“Then you should file an appeal,” La Monte suggested.
“Then I can’t vote on it,” Rosenthal said. If Rosenthal were to file an appeal, the four other council members would be able to vote on the project, but she would be recused.
After a long, agitated discussion, council voted not to appeal the project.
On Tuesday, Rosenthal said she would most likely not be appealing the project without council’s support, noting she would not be able to vote on the appeal if she did so.
“I probably won’t [appeal it], but I’m hoping that somebody else will step forward,” Rosenthal said.
