After reading your article and hearing some of the rumors making the rounds, I watched the video of the Planning Commission meeting on cable. I was amazed and disgusted to see our city being tossed into the maw of at least two more lawsuits for no good reason. The Planning Commission voted on a matter that was not on the agenda, (Brown Act Violation #1). It was obvious from the video that the commissioners had previous knowledge that they would be asked to vote on this matter but failed to disclose any “ex parte” contacts or discussions. (Brown Act violation #2 serial meeting).
Their vote attempts to obligate the City to hear an appeal of a project that has been permitted for two years. Our city is being asked to jump into the middle of an ongoing neighbor feud. We can bet that someone will be unhappy and when people are unhappy, they sue. The appellant claims that he had no notice of the permit but he has previously appealed the project to the Coastal Commission who adjusted the beachfront stringline, and he has also previously appealed this project to the City Attorney. The City Attorney has previously upheld the legality of the permit. To make matters worse, the homeowner has demolished the house and taken out a construction loan. His attorney advises that it will be easy to show hard cost damages in excess of $40,000 per month if construction is delayed.
The Planning Commission took these actions after the City Attorney repeatedly advised them that their actions were improper and that the appellant had come to the wrong venue. Planning Commission members seem to feel that the law does not apply to them and that they have no obligation to protect the finances of the city of Malibu. The rumors swirling around the city will only make matters much worse if they turn out to be
true. Personal relationships and communication between the appellant, consultant and a commissioner should be disclosed at the very least.
The Planning Commissioners owe the City an apology and their resignations. If they fail to resign they should be thanked for their contributions to the City and relieved of their office.
Paul Grisanti