The city is working on a deal that would avoid avoid lawsuits between it and the Santa Monica Mountains Conservancy.
By Jonathan Friedman / Assistant Editor
A legal battle between the city and the Santa Monica Mountains Conservancy over bringing overnight camping and new trails to the city might be averted if a tentative deal between the two entities can be finalized. But a resolution outside of the courtroom for the conservancy with various citizens groups looks far less likely.
No formal agreement has been made public, but a staff report written by City Attorney Christi Hogin that was supposed to be reviewed by the City Council at its meeting Monday night gives an overview. Hogin, however, stressed in a Tuesday interview that nothing is set in stone.
The SMMC board is expected to meet on Friday to reverse its November approval of the proposal to enhance the parks at Escondido, Ramirez and Corral canyons. The conservancy, according to Hogin’s report, would then go forward with a new proposal to bring overnight camping to Corral Canyon and Malibu-owned Charmlee Park. Hogin said on Tuesday that Charmlee Park is preferable to Corral Canyon because people do not live close to Charmlee Park. Camping is currently illegal on the city-owned Charmlee Park, and Hogin said she is exploring ways to change that rule.
Under the new plan, the SMMC would apply for amendments to the Local Coastal Program to bring overnight camping to the parks. Without the concept approved in November, city review would be bypassed, and would require only approval from the California Coastal Commission. The Coastal Commission still has the final say on any LCP amendment.
Hogin’s report does not address overnight camping at Ramirez Canyon, the most controversial part of the SMMC’s proposal. But the document does state that “while we undergo the process that we hope will ultimately resolve the matter,” the city will not challenge the conservancy’s use of its Ramirez Canyon property for its offices and holding two special programs a week for disabled children and seniors.
Hogin said she believes that SMMC Executive Director Joe Edmiston will withdraw his request for overnight camping on the Ramirez Canyon property if he can get camping on Charmlee Park and Corral Canyon. Edmiston could not be reached for comment.
“This is one of the few times in government where all sides win,” Councilmember Andy Stern said on Tuesday. “The conservancy is making concessions on its own. I am very pleased that Mr. Edmiston is cooperating.”
If the city and the conservancy were able to come to a resolution over this matter, it would prevent three lawsuits between the two entities from going to court. However, the conservancy is still being challenged by a group that includes Ramirez Canyon property owners and anti-tax activists, who claim the conservancy has illegally used Proposition 50 bond money to fund this project. The group’s attorney said on Tuesday that any deal between the city and the conservancy would not affect that lawsuit.
“It doesn’t change the fact that they [SMMC] have misused funds,” said attorney Allison Burns.
The conflict between Ramirez Canyon property owners and the SMMC over the conservancy’s use of the property it owns likely will not end with a resolution between the governments. The property owners say the conservancy cannot legally use the site, which was donated to the SMMC by Barbra Streisand in 1993, for its offices or for events because it is zoned for open space. However, the property owners’ attorney, Steve Amerikaner, said this week that his clients would not be opposed to small outings of disabled children to the property.
A Simi Valley judge last month denied the property owners’ request for an injunction to remove the conservancy’s offices from the property. The judge rejected the request mostly on technical grounds that the injunction was requested in connection with another lawsuit, and the judge said that it should not have been. Amerikaner said his clients would either be appealing that ruling, or trying to get a court order for removal through a different method.
The property owners have also been at the forefront in challenging the conservancy’s parks enhancement plan, saying that overnight camping at Ramirez Canyon would present a fire risk, and emergency vehicles would have a difficult time reaching the area. They also complained that the plan would be avoiding city review. Amerikaner said he and his clients were enthused that the conservancy would be going through the city in a new process, although he said, “To say that we are pleased would be to say that we are pleased the conservancy has decided to follow the law,” adding, “But, yes, we think it’s a good idea that the law is followed.”