Malibu resident and immediate neighbor Jim Smith has been a vocal opponent of the Sweetwater Mesa project—and any development proposed on these properties, long before they were purchased by the current owners. The homes being planned for Sweetwater Mesa will be some of the most environmentally sensitive buildings ever conceived of in Malibu.

Record of environmental abuse
As the contractor for infamous Malibu Developer Sheldon Gordon, Jim Smith was responsible for the single-largest grading violation and fine leveled by the California Coastal Commission in its history. In 1986, Sheldon Gordon obtained a Coastal Commission permit for a four-lot subdivision that included permission to grade 40,000 cubic yards in Sweetwater Mesa. Instead of limiting the grading as required by the coastal permit, Smith supervised what the Coastal Commission estimated was over 600,000 cubic yards of grading – 15 times more than was allowed.

The Los Angeles Times reported the massive violations in a July 1989 story headlined, “Lured by Profit, Bulldozers Illegally Carve Up the Hillsides.” The Coastal Commission staff report that the work Mr. Smith oversaw deviated from the approved plans. Smith allowed a creek to be filled in to accommodate an access road, instead of bridging the creek as the permit required. He denuded more than 50 acres of Sweetwater Mesa and removed an entire ridgeline in violation of the coastal permit.

Smith received the lot on which his house is now located as part of his deal with Sheldon Gordon. He now accesses his home over the same road he illegally filled in a creek to build.

All of the violations occurred in the vicinity of where Smith lives today.

So how is it that Smith now claims to be so concerned about grading? The answer has nothing to do with the environment or the interests of his neighbors. It has to do with the fact that he has continued to advance the interests of Sheldon Gordon, who has a financial interest in stopping this project.

Smith’s motive
The fact is that the access to these properties is over an easement that was involved in a lawsuit between Sheldon Gordon and prior owners of these properties. That lawsuit was settled in 1999. Under the terms of the settlement agreement, Sheldon Gordon agreed to pay for the construction of the access driveway within the easement to these properties.

Sheldon Gordon now does not want to pay to build the driveway. He maintains that he will not have to build the driveway if the homes are not approved. Smith has been fronting that cause.

The real Jim Smith
In 2006, when Sheldon Gordon was required to build a pilot road over the easement to provide access for geologic testing equipment, who did he hire to oversee that construction? Smith, of course.

From the outset, Smith announced to the owners’ representatives that the conditions of approval the City of Malibu imposed on the variance governing the work were “bull,” that they were unnecessary and too expensive. He announced that he would not follow the conditions and that no one would know. Ironically, he was referring to conditions that he advocated for the City to impose when he opposed the variance at the City.

The owners’ representatives insisted that Smith follow the conditions of approval to the letter and that there would be no deviations from those conditions whatsoever. At the insistence of Edge and his partners, Smith and Sheldon Gordon’s legal counsel assured their representative that all of the work would fully comply with the City’s conditions. Yet, after the work began, Edge and his partners discovered that Smith instructed the contractors to violate the conditions. He instructed contractors to grade where grading was not permitted. He instructed contractors to not install environmental protective measures, including erosion control measures.

The man who claims to be so concerned about the environment did not care about environmental protection at all. Edge and his partners had to have their consultants step in to ensure the work was done properly and in compliance with City conditions. As a result, Smith was removed from the job.

Still advancing Sheldon Gordon’s interests
Jim Smith is still advocating for Sheldon Gordon. In his January 8, 2009 letter to the Malibu City Council, Smith wrote that “…the worst part is that Sheldon Gordon has to pay for that part of the road.” Smith is still trying to keep his some-time employer, Sheldon Gordon, from paying for construction of a road by trying to prevent approvals that would necessitate that construction.

Smith has asserted claims before the City of Malibu and Coastal Commission that have been proven repeatedly to be false. He has revealed himself to be someone who will do and say anything to advance his private agenda.