Planning Commissioner Richard Carrigan formed a committee last week in opposition to Measure M, the Malibu Bay Company (MBC) Development Agreement. Called “Citizens Against Measure M,” Carrigan is the group’s exclusive funding source, although he said he welcomes volunteers. The announcement of Measure M opposition group Malibu Community Action Network (CAN) gaining a high profile ally came in the same week that a complaint was made with the state for CAN failing to file a campaign finance disclosure form by the Sept. 25 deadline.
Carrigan said he formed the committee rather than just join the CAN effort because CAN has other issues that it stands for, while he wants to focus purely on Measure M. But Carrigan added he is not against CAN and would like to participate with its members in debates against Measure M proponents. The commissioner, who has a day job as a private investor, liquidated 95 percent of his stocks so he can dedicate the next month to the campaign.
“I feel that I have so much time invested in this agreement, and there is so much misinformation or lack of information out there that I had the responsibility to finish what I started,” Carrigan said.
Carrigan said the deal presents too much of a financial liability for Malibu, since the city might have to come up with as much as 20 percent in matching funds on some of the grant money it could receive to purchase the Chili Cook-Off site, and he says the city is not even guaranteed to get all the funding. An example, he says, of this happening is when the property is appraised, which is required. If its value is found to be much less than the $25 million for which the MBC is willing to sell the property, the city would only be able to receive that lesser amount of money in grants minus the amount the city must pay for the developed portions of the property. This means either the city could be left to pay the rest of the tab or it will miss the 3-year deadline to make the payment, which, according to the agreement, would then allow the MBC to develop the property.
Carrigan said he is also troubled by the lack of detailed information on the proposed wastewater treatment facility that could be placed on the property. Also, he said the environmental impact report (EIR) for the agreement is inadequate because it does not address the development of the MBC’s Point Dume site or how MBC President Jerry Perenchio’s Malibu Colony property factors into the deal. And he said the EIR’s traffic analysis is flawed.
Mayor Ken Kearsley, a Measure M supporter, said Carrigan’s view of the agreement is misguided. He added that the EIR is a good document that has been closely scrutinized.
“It was probably one of the most thoroughly reviewed documents in the history of the state of California,” Kearsley said.
Another issue Carrigan raised is that there was a short amount of time spent revising the agreement after the Planning Commission rejected the original version, a little less than two months. He said the process was rushed because the City Council wanted to make sure the agreement came before the voters in November.
“It was put together in an extremely compressed time,” Carrigan said. “And the reason for that, in my opinion, is because the councilmembers did not want it commingled with their election, which is coming up in April.”
Kearsley said the reason for putting the agreement before the voters in November rather than later has nothing to do with the City Council election. He said delaying the deal any longer did not have a purpose, and that at some point one has to have closure.
CAN misses filing deadline
Sept. 25 marked the deadline for campaign finance statements on Measure M of all money received and spent up to Sept. 20. While Yes on Malibu, the committee in favor of the measure, disclosed that it has received $2,495 and spent $382, CAN released no information. In response, Yes on Malibu treasurer Les Moss sent a complaint to the California Fair Political Practices Commission (FPPC).
CAN president Steve Uhring acknowledged that CAN missed the deadline. He blames it on recent confusion that occurred after the group decided to change its status from a nonprofit 501c3 to a 501c4. The technical change gives CAN more flexibility in being able to conduct a campaign.
“It was a situation of everybody just scrambling to get things done,” Uhring said.
Uhring said his group would properly disclose its financial statement to the city, although late. However, he told The Malibu Times that CAN has raised $11,000, with $5,000 coming from Ozzie Silna, and it has spent $8,000 on advertising.
The FPPC does not comment on ongoing investigations. There is a fine for missing disclosure deadlines.