Councilpersons Tom Hasse, Joan House, Jeff Jennings, and Ken Kearsley, and city manager Harry Peacock:
It appears from the agenda for the May 23 closed session of the City Council that Ad Hoc Committee development agreement negotiations may be under way with some or all of eight property owners in the Civic Center area.
The Malibu Township Council has no quarrel with any effort by the City to work out with Civic Center area property owners terms for development of their properties. It seems necessary and only fair that each of these eight other property owners be given the same opportunity to negotiate development agreements for their properties, which the City has given the Malibu Bay Company.
It may be that separate confidential negotiations between the City and the owners of each of these eight properties might be conducted, with proposed development terms for none of the properties disclosed until proposed agreements for all properties are reached. But it seems unrealistic to expect to keep each of eight separate negotiations secret from the other seven property owners. A single confidential negotiation between the Council Ad Hoc Committee and representatives of all of the eight property owners might be a more realistic approach.
Either way, we shall need to consider and evaluate the merits of: The Proposed Development Agreement with the Malibu Bay Company respecting its properties in the Civic Center area and in west Malibu, plus Proposed Development Agreements respecting eight additional properties in the Civic Center area.
The proposed Malibu Bay Company developments will impact and will be impacted by development of the other eight properties, and development of all of the properties will have a cumulative impact on Malibu’s environment and infrastructure. Also, depending on what is proposed for the eight properties, their development could have positive or negative impacts on the economic viabiity of the development proposed by the Malibu Bay Company. Development allowed the other eight property owners might be limited by development proposed by the Malibu Bay Company, and vice versa. Therefore, if all are to receive fair and equal treatment, it seems unavoidable that the Malibu Bay Company Proposed Development Agreement must be reviewed and evaluated not ahead of but as part of a package including proposed development of the other eight properties.
The schedule proposed for public review of the Malibu Bay Company Proposed Development Agreement, three hearings in June, with City Council formal consideration of adoption July 10, puts that proposal on a fast track to approval (with only minimal hearings, no public workshops) and with no consideration given to:
. Property rights of owners of the other eight Civic Center area properties,
. Economic viability (simply put, does Malibu need all that development—by the Malibu Bay Company, plus that proposed by the other eight property owners?),
. Environmental impact (impact of Malibu Bay Company proposed development and also cumulative impact of that proposed development and development proposed by the other eight Civic Center area property owners),
. Infrastructure impact (Can Malibu’s water supply, wastewater disposal capability, road system, etc. support all of this proposed development?)
The Malibu Township Council asks the City Council to develop a schedule of comprehensive public workshops and hearings on the entire package of proposed development agreements to the end that the council gets maximum informed public input for its deliberations. Maximum informed public input may be obtained only if reports, plans, exhibits, etc. on these matters are made available to the public not days, but weeks (at least a month) in advance of scheduled workshops and council hearings. In this regard, we ask that when agreements are reached as to proposed development of the other eight Civic Center area properties, these agreements should be made available for public review at least a month before they are placed on a council meeting agenda.
The Malibu Township Council hopes that each of you Councilpersons recognizes the importance of planning and allowing time for ample hearings and workshops on any proposed developments. Although at this time, because the Council Ad Hoc is evidently in negotiations respecting the other eight Civic Center area properties, you may only be able to prepare a tentative schedule of public workshops and hearings, it is important that you proceed at this time to do that. Planning ahead now, we suggest, will give you the informed public participation and consent you will need to make good decisions.
Malibu Township Council
Frank Basso, co-president
Leon Cooper, co-president