SMMC Board Holds Closed Session Exploring Two-Way Cross Litigation

• Conservancy and City to Meet Before Heading to Court

BY BILL KOENEKER

The board of the Santa Monica Mountains Conservancy held a special teleconference meeting this Monday afternoon to discuss the pending litigation with the City of Malibu and to talk about directing its counsel to initiate litigation against the city concerning the SMMC’s public works plan, according to a Conservancy official.

“They authorized a defense of that litigation. We heard from our counsel about a potential countersuit,” said SMMC executive director Joe Edmiston, who said he could not really discuss much more about the closed session.

The Conservancy took the action after last week’s announcement by the city that council members had directed the city attorney to file litigation against SMMC, contending the state agency failed to comply with the California Environmental Quality Act, that an Environmental Impact Report is required and the proposal requires a Local Coastal Program amendment or permit. An LCP amendment or permit would be authorized by the city. The California Coastal Commission would certify the public works plan.

The plan calls for linking five Conservancy properties and a National Park Service holding with a multi-use trail, including overnight camping and additional activities at Ramirez Canyon Park where SMMC is headquartered.

City Attorney Christi Hogin had held out an olive branch saying the city did not want to fight the Conservancy in court and the two government agencies had much in common and sought a conference before the litigation was filed by the city.

Edmiston said Conservancy officials were willing to meet with municipal officials over the holidays. The SMMC head noted Mayor Ken Kearsley at a previous meeting had said the city and the Conservancy were in agreement on 98 percent of the plan and the problem was with the remaining two percent.

Edmiston said it would be irrational not to go into negotiations if indeed there was such a small percentage of disagreement. “The key is to see about that two percent,” said Edmiston, who added that in the past whenever the Conservancy brought up key issues it seemed to fall within the two percent of disagreement.

Hogin was not immediately available for comment this week.