In other action, the council approved a permit in concept for the construction of a home with an equestrian facility on Bonsall Drive. But it is asking the property owner to donate an easement for the creation of a trail.
By Jonathan Friedman / Assistant Editor
and Hans Laetz / Special to The Malibu Times
The City Council is already on record as being opposed to BHP Billiton’s proposal to build a liquefied natural gas facility off the coast of Malibu. And on Monday, the council voted to make a financial investment in its position when it approved giving $50,000 to the Environmental Defense Center to aid its analysis of comments on the draft environmental impact report for the project.
Councilmember Andy Stern, who has been the leading city official in the fight against BHP Billiton, proposed designating the money. He said at the meeting that an LNG plant would cause air pollution and if it were to explode, it would create a disaster.
“It’s critical,” Stern said. “It’s our duty to spend some money toward this.”
The Environmental Defense Center, a Santa Barbara-based nonprofit organization, is preparing comments that are due Friday on the DEIR, specifically analyzing air, water and aesthetic impacts of the LNG project.
With the city’s contribution, local activist Ozzie Silna has also agreed to put money toward the fight against BHP Billiton. He has pledged $100,000 through his advocacy group, Malibu Coastal Land Conservancy, as matching funds for smaller local contributions toward a potential legal battle.
“Once the city commits that $50,000, we’ll match donations on a dollar-to-dollar basis until we raise a quarter-million dollars,” said Silna on Monday before the meeting.
The war chest, Silna said, would be used by the California Coastal Protection Network to hire lawyers and scientists at the Environmental Defense Center, who will file lawsuits if several permits are granted to BHP Billiton for operation of the LNG terminal at Malibu’s northwest end.
Also, the Malibu Board of Realtors met with activists this week and has pledged to gather petitions and funds to help stop the project.
Council endorses
controversial permit
The council voted 3-1-with Stern opposing and Councilmember Pamela Conley Ulich recusing herself from the hearing-to approve, in concept, and deny the appeal of a permit to build a 9,939-square-foot home on Bonsall Drive with an equestrian facility built on the property. The council did not officially approve the permit Monday because it asked City Attorney Christi Hogin to draft a legal document that would require the applicant, Sonny Astani, to donate an easement on the property to create a realigned trail.
A 22-member group calling itself Concerned Residents of Zuma Mesa had appealed the Planning Commission’s January approval of the project. Although there were several concerns, the main issue was that many people believed the development would block an existing trail used by horse riders. Whether there is a legal trail going through the property was disputed by the applicant and his supporters.
Mayor Pro Tem Jeff Jennings, an avid horse rider, said there was evidence that a trail goes through where the house is proposed to be built. He said that Astani could fight that issue with his opponents in court or he could agree to donate an easement on his land so the trail could be realigned, but not interfere with the construction of his home. Hogin will return to the next meeting with a proposal for the donation.
It is not clear whether Astani is interested in giving up an easement. Following the meeting, he deferred comment to his attorney, Daniel T. Gryczman.
“We need time to regroup and think about it,” Gryczman said.
Council endorses statewide ban of expanded polystyrene
The council voted unanimously to endorse a bill written by Assemblymember Betty Karnette (D-Long Beach) that would ban plastic foam food containers in all state-owned or state-leased facilities. The bill is currently being reviewed in the Assembly at the committee level.
Last year, the council banned the selling of food and drinks in plastic foam containers throughout Malibu. The prohibition was controversial as the legal language had to be revised several times over a six-month period before it was settled how the law should be worded. Initially, a law was passed that banned all polystyrene products. That included items such as coffee cup lids, which the council members later said they never had intended to ban. The law was adjusted to apply only to expanded polystyrene products, which includes certain kinds of cups and other food containers.
Return of the Fox
Lastly, Councilmember Andy Stern named David Fox as his appointee to the Planning Commission. Fox replaces Pete Anthony, who resigned last month due to family and work obligations. Fox served on the commission from 2000 to 2004 as Jennings’ appointee.
However, Stern said Fox agreed to serve on the commission for no more than two months. Stern said he would find a permanent replacement for Anthony during that period.