D.A.: PANEL VIOLATED LAW PLANNERS IMPROPERLY DISCUSSED HORSE TRAIL, SAYS COOLEY.

Byline: Troy Anderson Staff Writer

The North Valley Area Planning Commission violated the state's open-meeting law when it discussed a controversial Chatsworth residential development, Los Angeles County District Attorney Steve Cooley told the members of the city panel in a letter released Thursday.

The commission's president, Sandor Winger, initiated the discussion of the topic, which was not on the agenda of the Aug. 2 meeting, in spite of warnings from the panel's legal adviser, Cooley said.

``President Winger's conduct in this regard was unauthorized and constituted a flagrant violation of the Brown Act,'' Cooley wrote.

Winger did not return calls seeking comment on Thursday.

The district attorney cautioned that any further violations of the state's open-meeting law ``by any member of the commission will be dealt with both civilly and criminally,'' and his office ``strictly construes the provisions of the Brown Act in favor of the public's right to notice of and participation in the business conducted by its legislative bodies.''

The North Valley Area Planning Commission is one of a number of new regional planning panels created under the voter-approved City Charter.

Winger's discussion involved a proposed equestrian trail related to developer Ted Stein's housing development project along Topanga Canyon Boulevard in an area popular among horse owners.

Stein said he did not attend the commission's meeting, had not seen Cooley's letter, and never had any business or financial relationship with Winger.

``My understanding is they had a meeting in September, took the matter up, the item was (put on the agenda) and then they voted on it and clarified the language for the track condition,'' Stein said.

Residents are trying to negotiate for the equestrian trail along the edge of the development. Past commission meetings involving the project have been attended by overflowing crowds who have expressed heightened concerns about how the project will affect their rights.

About 160 mounted equestrians protested the day before the commission's July meeting.

Susan Eskander, a member of the Chatsworth Land Preservation Association, praised Cooley's letter as a defense of the public's rights.

``I think that Steve Cooley is the first official who has acknowledged that the people have the right to be involved in city government,'' Eskander said. ``What's really despicable about this commission is that these are all Valley people ... and they all caved in to downtown politics.''

Before discussing the non-agenda item, Winger was advised by Deputy City Attorney Basia Jankowski that he should place the matter on the agenda for the next meeting, Cooley noted.

``President Winger's choice to discuss this controversial issue, despite the clear legal advice by the commission's own attorneys, deprived these members of the public of their right to fair notice and an opportunity to be heard,'' Cooley wrote.