Malibu West Home Owners Group Seeks Role in Trancas Park Suit

• Wants Assurances that League Play Is Forever Banned

BY BILL KOENEKER

If the board of the Malibu West Homeowners Association has its way, it may become more involved in the pending litigation between the Malibu Township Council and the City of Malibu over Trancas Park.
The HOA had contributed thousands of dollars to the MTC which is challenging the city’s approvals of the park and is attempting to get an injunction to stop the bulldozing and grading, which is currently in progress. Up until now, the city and MTC have been the only two players currently in settlement talks.
“MTC’s lawsuit itself is focused on getting rid of the dog park because MTC claims it is in ESHA, it isn’t. League play is not an issue in the lawsuit,” said City Attorney Christi Hogin. “The city council imposed a condition that prohibits league play.”
The key issue apparently for the Malibu West homeowners is the specter of future league play at the park, which currently is designed for practice only.
MTC president Steve Uhring said, “I agree with the Malibu West homeowners. I can’t understand the reluctance of the city council to not give them that authority.”
The HOA board, which wants homeowners to lobby city council members about it, wants a “legally binding restriction banning league play at Trancas Park.”
However, Hogin noted the prohibition against league play is a condition of approval of the coastal development permit. “Violation of a condition of a CDP is a violation of the Coastal Act. The Coastal Act already allows Malibu West to sue the city to enforce the prohibition. So Malibu West already has everything it seems to want: a prohibition against league play and redress in the court if the prohibition against league play and redress in the court if the prohibition is violated,” wrote the city attorney.
Malibu West HOA wants to be named as a third party beneficiary. In a letter to the homeowners, the board maintains the outcome of such a status “would mean that a ban against league play at Trancas Park cannot be changed without the permission of the Malibu West HOA.”
“If the city decides to allow league play in the future, Malibu West could sue the city to enforce the settlement agreement provision against league play,” the HOA missive states.
The HOA letter goes on to state that the board thinks the opportunity is ripe for them to intercede since “this settlement opportunity was only initiated by the city after Malibu West voted to support the Malibu Township Council legal action against the city. Subsequently, MTC offered specific settlement language which the city did not accept. MTC will drop their lawsuit if the city would agree to the following outstanding points. Make Malibu West the third party beneficiary of the settlement agreement, agree that the provision against league play is unchangeable and the MTC attorney be allowed to approve what is being recorded and that it be attached to the settlement agreement to be sure Malibu West is protected.”
The city attorney said the city is prepared to agree that it will conduct an initial study of the environmental impacts of such a change and hold a public hearing on the issue. “This means that a future city council can not rely on a CEQA exemption or issue an administrative permit without a hearing. As a result, if the prohibition is ever reconsidered, we will have decisionmakers fully informed of the potential impacts and neighbors able to participate in the decision-making,” Hogin said.
The board letter urges the homeowners make their opinions known to the city council members. “[It] is an effective way of supporting our community’s concerns, so we’re asking all Malibu West homeowners to pull together on this unifying issue and please contact city council members to let them know that Malibu West residents want the city council to agree to these three points.
Mayor Sharon Barovsky said she has begun to respond to those e-mails. She mailed The Malibu Surfside News one of those replies.
“I cannot support giving control of public land to a single entity. Public officials can be held accountable for their actions; unelected, single entities cannot. I doubt there will ever be three council people who would oppose the wishes of an entire neighborhood. If that is ever the case, you can vote them out of office, elect new officials and reinforce the original restriction.”
Barovsky went on to write that league play has nothing to do with the MTC lawsuit. “If [MTC] suit prevailed (which I doubt in light of two courts reviewing their ‘facts,’ and not finding enough evidence to stop the park), the best they could get is having the dog park redesigned.”
Barovsky also restated her position on public property. “But I do not think it would be ethical to give people who are not accountable to the general population the right to decide what and what can not be done. That is what elections are about,” the mayor added.
Barovsky also reminded the homeowners there could be unintended consequences. “What if your HOA board is eventually taken over by a majority of ‘sports moms’ who want league play and push through a change. Their actions are not appealable and the city’s is.” she wrote.