Ramirez Canyon Homeowners Lose Round in Fight

• Judge Refuses to Issue Injunction Stopping the Conservancy’s Use of Area Park

BY BILL KOENEKER

A Los Angeles County Superior Court judge declined this week to grant a preliminary injunction sought by the Ramirez Canyon Preservation Fund to stop the Santa Monica Mountains Conservancy’s use of Ramirez Canyon Park.

The unsuccessful legal action was the outgrowth of litigation filed by the homeowners group that resulted in the SMMC’s coastal permit being invalidated in 2005 by the court.

The Conservancy has continued to use the property, and the Ramirez Canyon homeowners had gone back to court to stop this from continuing to be case.

Conservancy officials, who are headquartered at the property, which was the former estate of Malibu entertainer Barbra Streisand, are calling it a victory for public access to parkland in Malibu.

“We are continuing to operate Ramirez Canyon Park and allow the public access to it within the guidelines of the coastal development permit issued by the California Coastal Commission for this purpose in 2001,” said Joe Edmiston, the executive director of the Conservancy.

Steven Amerikaner, the attorney representing the homeowners, said, “The judge didn’t rule on the merits of the motion. He said procedurally he did not have the authority to rule on the matter. We would have to file another lawsuit.”

The HOA attorney said he and his clients were disappointed by the ruling, but are now considering all of their options before determining how to proceed next.

But there is no uncertainty as Edmiston goes on to explain what the Conservancy’s plans are for the immediate future. “That includes restricting the number of [vehicular] trips on Ramirez Canyon Road with an eye toward minimizing impact on the neighborhood.”

He added, “ We are also voluntarily limiting our uses and have not scheduled any type of [commercial] events, including weddings. We will, however, continue to operate outreach programs at Ramirez Canyon Park for the disabled and elderly.”

The court decision follows on the heels of the boards of the SMMC and the Mountains Recreation Conservation Authority giving the go-ahead for the controversial public works plan to be submitted to the California Coastal Commission. The SMMC head said the submittal is going forward.

“We are proceeding to submit the application for the Public Works Plan authorized by the Santa Monica Mountains Conservancy and Mountain Recreation and Conservation Authority governing board last week to the California Coastal Commission,” Edmiston added.

Amerikaner, commenting on the recent court action, said he and his clients still do not believe the Conservancy board complied with the Coastal Act, nor did they respond to the many concerns of the City of Malibu or other interested parties.

When asked it any additional litigation would arise because of the board’s most recent action, Amerikaner again reiterated that he and his clients were looking at all of the options that are available to address the matter.

The attorney said they are also still exploring whether they would attempt to bring their conflict with the Conservancy to court before the Coastal Commission considers the public works plan or wait until the coastal panel took some kind of action.

The controversial parks plan proposes linking a series of five SMMC properties and National Park Service land with a multi-use trail, including camping in several of the coastal canyons and expanded uses of Ramirez Canyon Park and, in effect, giving the SMMC a valid permit for its park headquarters.