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Wednesday, June 17, 2009

View Protection Task Force to Conclude Effort

BY BILL KOENEKER


The City of Malibu View Protection Task Force met for its last scheduled meeting last week to get final input from the public about its recommendations for a proposed ordinance. The proposal was again approved by the panel 6-3. The measure had previously been approved by the task force on a 7-2 vote.
A city planner said the measure would go before the city council at the end of summer when it will consider the suitability of the task force’s recommendations and whether to initiate an ordinance.
Depending upon the actions of the council, the matter if initiated, would go through another round of public hearings proceeding to council subcommittee, then forwarded to the planning commission and then the council for possible final enactment.
There were several members of the public, who came to testify. Several individuals who are in favor of the proposal told task force members their biggest concern is the will of the city to enforce such a law.
Homeowner Steve Garber said his concern was not getting a view ordinance, but rather enforcement. Garber said any law passed by the city is useless unless there is strong enforcement. “We have been trying to get [enforcement about an issue] for two and half years. [Former enforcement head] Gayle Sumpter refused to deal with it. The only power is that one department. The need is multiple enforcement,” he said.
Point Dume resident Dusty Peak told panelists during his career as an electrician one of the primary topics of homeowners’ discussions was their view and the loss of that view.
“There is a way to have trees to give privacy and still offer a view. But we need enforcement. We wouldn’t be going through this if the city enforced the current laws,” he said.
Homeowner Josh McKay talked about what he thought might be another problem in dealing with the proposed ordinance. “Malibu consists of old poor Malibu and the new bright go-getters. It is a diabolical situation. The arbitration part of the law will impact severely old Malibu. They don’t have the resources of new Malibu. Old Malibu doesn’t have the bank account. They should not have to pay onerous fees,” he added.
Task force member Harold Greene said there is a possibility that if Pepperdine University gets grant money to do it, they would set up an arbitration panel to assist the city.
Panelists also talked briefly about the city council’s unanimous directive to get a minority report.
Greene said there was no procedural way for the task force to deal with the matter. “It is not on the agenda. This is our last meeting. We cannot deal with any more agenda items. We are not bound by that,” he said.
Task force member Barry Tyerman said the practical result is anybody can submit anything to the council. “A minority of one, two, three or four can submit comments to the council. I don’t think anybody needs to be constrained,” he said.
Panelist Lou Lamonte, who is one of the minority members and had earlier pointed out the council directive, said he was going to do what was requested by the council and submit a minority report.

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