Coastal Denies Violating Open Meeting Law In Unannounced Attack On Malibu
Written by 991KBU on August 23, 2018
The California Coastal Commission says it did not break the state’s open meeting laws … last month … when it apparently took action against Malibu.
But KBUU has the tape of the law being violated.
As you may recall … two M R C A officials appeared during the call to the public portion of the August meeting … to complain about residents in Sycamore Park . Malibu…
The state employees report was not on the agenda.
Malibu was not on the agenda.
And as you can hear on the tape of the meeting … an MRCA attorney named Eric Edmunds appeared to complain about City of Malibu actions at the disputed public park.
NEWSCART 77664 ERICEDMUNDS CCCC :29 QQQ: AND LOOKING INTO IT.
“We put up a picnic table and trash can on the two parcels that we own.
“Believe it or not, uh, folks, Malibu has now sued us to remove these two items, as well as a brown sign we are required to post by by law.
We need your and your staff’s assistance, to secure public access to important coastal and trail assets here.”
FEMALE VOICE:
“Thank you very much, and we are aware of it, and looking into it.”
That voice at the end … commission chairwoman Dayne Biochco.
And Commission executive director Jack Ainsworth also specifically said at the meeting that the commission staff would act on the complaints.
Under the state’s Open Meeting law … It would be against the law for the Coastal Commission to take action on items not on the agenda.
Commission spokeswoman Noaki Schwartz tells KBUU… and we quote … “the Commission did not take action as a body on the topic of the public comments.”
But that’s not what the issue is.
The state law does not say the commission cannot take “action as a body” on items that are not on an agenda.
It says the state cannot take “action” on items not on an agenda.
What does this mean?
It means that the a public hearing was held … charges leveled against the city of Malibu and residents of Sycamore Cove … official action was promised … and the affected parties were not notified.
They were not there to answer.
But … no violation of the open meetings law … says the commission.
