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Taxpayers sue conservancy over water funds
By Maya Meinert Special to the Daily
Press
LOS ANGELES — Groups of Southern California
taxpayers have bonded together to file suit against the Santa Monica
Mountains Conservancy, claiming it illegally used thousands of dollars
in bond money to pay lawyers’ fees rather than protect coastal
watersheds.
Taxpayers from Ventura and Los Angeles
counties, the Santa Barbara County Taxpayers Association and the
Ramirez Canyon Preservation Fund have all filed suit against the
conservancy, claiming it improperly used Proposition 50 bond
funds.
Proposition 50 — also known as the Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of
2002 — is a $200 million bond available for protecting coastal
watersheds. The conservancy was given $40 million of those funds — $20
million to spend on the protection of the Los Angeles River, and
another $20 million for Santa Monica Bay and Ventura County coastal
watersheds.
The Mountains Recreation and
Conservation Authority, a local government entity that works in
partnership with the conservancy and other park agencies, was also
named in the lawsuit.
The plaintiffs charge that a
grant for $200,000 awarded by the conservancy to the conservation
authority in February was misappropriated. Instead of using the funds
to restore Ramirez Creek and expand the recreational use of Ramirez
Canyon Park and Escondido Canyon as the grant proposal stated, they
claim those funds were used to pay for legal fees for both the
conservancy and conservation authority’s defense in another lawsuit.
The plaintiffs also argue the money was used to
prepare the Malibu Parks Public Access Enhancement Plan, “a strategy
for public recreational access to people of all abilities to public
parkland” in Malibu, according to a conservancy press
release.
A second grant for $185,000, awarded in
August, expanded the scope of the first grant to include legal fees and
payment for the preparation of the Malibu Public Works Plan, according
to court documents.
The plaintiffs also claim the
Public Works Plan seeks to permit “more intensive land uses than those
presently authorized by the Malibu Local Coastal Plan,” according to
court documents.
LIP SERVICE DOESN’T CUT
IT
Allison Burns, the plaintiffs’
attorney, said that even though the conservancy has already responded
with a letter from the state attorney general’s office that states the
bond funds may be used in certain ways, she is confident her clients
will prevail.
“The letter is the opinion of an
attorney who is a counsel for [the conservancy], so he’s an advocate
for his client,” Burns said. “We disagree, and we think the best way to
resolve this is to have an impartial judge look at the law and the
facts, to look at what (the conservancy and the conservation authority)
did — if it was legal and proper.”
Joe Edmiston,
executive director of the conservancy, disagrees with the allegation
that the conservancy is illegally using bond money by paying its legal
fees.
“If it was Caltrans building a freeway, and
some people didn’t want a freeway near their homes so they sue saying
‘you can’t pay for legal fees’ — Caltrans doesn’t just drop
everything,” he said. “You can’t just say, ‘Oh, by the way, you can’t
pay your attorneys’ fees.’
“That’s not the way the
law operates.”
Edmiston said he thinks the taxpayers
who are suing the conservancy just don’t want the public to use land
near their homes.
“We’re not going to be
intimidated,” he said.
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