CITY VS. CITIZEN
To The City of Santa Monica Planning Department
Re: SCH#2010061036, Village Trailer Park, 2930 Colorado Avenue
Dear Ms. Yeo:
I am writing in response to the “re-circulated EIR” for the “Village Trailer Park Development Agreement Project” because the “revised” plan that Marc Luzzatto submitted is still deficient. Mr. Luzzatto’s recurring and continuing problem shows failure to do basic due diligence regarding this property.
For example, Mr. Luzzatto has continued to ignore the fact that I have a legally binding agreement that prevents the owner of Village Trailer Park from taking ANY action that would cause my tenancy for that specific space in that specific location to end. By submitting his “proposed project” without acknowledging my use of that space, d7, Mr. Luzzatto is trying to ignore the fact that Judge Cesar C. Sarmiento has now twice upheld his ruling that my agreement with Village Trailer Park owners for that space is binding and nforceable. More specifically Judge Sarmiento wrote on June 13, 2012 that: “The court finds that Village Trailer Park cannot terminate the leases of Ms. Eldridge or Ms. Newman”.
Similarly, by completely ignoring the agreement and the judge’s ruling, Mr. Luzzatto is again trying to pretend as if this information doesn’t exist; and more importantly he is hoping that the City of Santa Monica will become his coconspirator by allowing him to proceed with this “project” regardless of the legal ramifications to the City as well as the consequences to the residents of the park.
Mr. Luzzatto has repeatedly used this tactic as he has attempted to proceed with his “project” while failing to perform his due diligence regarding the property; like planning to close Village Trailer Park without the necessary permits from the City of Santa Monica Rent Control Board. Instead he has repeatedly demonstrated a practice of “leaping before looking” and expecting the Village Park residents as well as various departments of the City of Santa Monica (Rent Control Board, City Planning, City Council, etc.) to ignorantly “leap” with him regardless of the consequences. One example of this was when he sent the “Notices of Closure” to the Village Park residents without obtaining the necessary permits from the City
of Santa Monica Rent Control Board. Another example of this was when he failed to obtain estoppel letters from the park residents.
Mr. Luzzatto seems to behave as if the law doesn’t apply to him and/or that he has been granted special permission to ignore the law; whether it be the agreement that I have, the judge‘s ruling that my tenancy can NOT be terminated, necessary permits required by the city, etc. One of the most egregious examples of his reckless behavior is the fact that he is attempting to proceed with this “project” without any concern for the future geological problems; namely knowing that Village Trailer Park is located on land that has been defined as “medium to high or high liquefaction danger”. So while the Roberts project – with the same danger – has generated a 284-page soil investigation report, and taken extreme measures to protect the city and its residents, Mr. Luzzatto is attempting to proceed without regard to the consequences to either. The DEIR is defective because no discussion of unavoidable adverse environmental impacts from excavation on the site has been presented in a manner that would enable the public to participate in the decisionmaking process; which is a direct violation of CEQA.
I am hoping that by writing this letter, you, Ms. Yeo, will stop following Mr. Luzzatto’s “leap before looking” mentality and realize that there are serious consequences, especially financially, to the City of Santa Monica for behaving so recklessly. There is NO reason to proceed with this “project”; especially at the expense of so many others, or without performing a “soil test” and taking into consideration the dangerous ground that is unable to support this development project, or especially the fact that I have a legal right to keep my tenancy. None of these things are even considered as part of this project and it will be the consequences to those whose responsibility it was to protect people from such reckless behavior who will also suffer the consequences.
Do not allow this “leap before looking” mentality to continue. Do YOUR due diligence and protect the city of Santa Monica, the present and future residentsof Santa Monica, and especially the current residents of Village Trailer Park.