In an ongoing effort to fight continual lawsuits by Taxpayers for Livable Communities, the city attorney tries to identify some members of the group. Citizens cry foul.
By Jonathan Friedman/Special to the Malibu Times
Efrom Fader and Jo Ruggles complained at Monday’s night’s City Council meeting that City Attorney Christi Hogin had associated them with Taxpayers for a Livable Community (TLC) at a special Brown Act training day for new commissioners Saturday.
TLC has cost the city $800,000 in legal defense fees, having filed four lawsuits in two years against it. The most recent lawsuit by TLC is an attempt to stop the city from issuing coastal permits under the California Coastal Commission’s imposed Local Coastal Program (LCP), while at the same time it is appealing a recent decision that declared the LCP is not subject to a local citizen’s referendum.
However, no one is sure who is a member of TLC, while its lawyer, Corin L. Kahn, refuses to identify associates or to reveal where most of the funding of the group comes from.
“I am not a member of TLC and never have been, although I have supported and will continue to support TLC to be able to take legal action and protest decisions made by the City of Malibu,” Fader said. “I strongly object to accusations of innuendo and by association.”
Admitting she had only heard the story through second-hand sources, Ruggles said she had heard Hogin mentioned four people as being associated with TLC, including Ruggles, Fader and musician Don Henley when answering an inquiry about the group’s membership. Ruggles said she had no affiliation with the mysterious organization that has become a regular courtroom opponent of the city.
“If I have any problems, I’ll just come on down here and let you know,” Ruggles said.
Hogin apologized for any harm that may have been done, although Fader and Ruggles had left the room by the time she spoke. Hogin said at the training day she had brought up two situations in which TLC had challenged the city for violating the Brown Act. She was then asked who the members were. She said she did not know, but mentioned the names of people she knew had been brought up in cases involving TLC. Fader had demanded a written apology, but refused comment to The Malibu Times on whether Hogin’s oral apology was acceptable.
Community center could be operated by Point Dume
If the city ever does get a Point Dume Community Center as part of the Malibu Bay Company (MBC) Development Agreement, the Point Dume Community Services District could be its operating body. The district’s president, Beverly Hammond, made that request at Monday’s City Council meeting.
“It would benefit the city as a whole to distribute some of that management to other public entities,” she said.
The Point Dume Community Services District originally operated a community center from unused classrooms at the local elementary school, but has been homeless for several years since.
Councilmember Sharon Barovsky said she liked the idea because in her opinion when communities run community centers, they enthusiastically get behind them, but added that she had some concerns. The council recommended that city staff look into it and report back during a quarterly meeting in the fall. Councilmember Jeff Jennings said it should be something that is looked at before a possible MBC election, because it could affect how Point Dume residents vote. City Manager Katie Lichtig reminded the council that even if the agreement passed, this particular item would not be ready for relevant discussion for about five to six years.
Animal rescue dispute
Also at the meeting, the council voted to continue an item on granting a $1 annual contract to the organization WildRescue for marine mammal rescue services. City staff had recommended the council reject WildRescue’s offer to enter into a contract to avoid confusion. The California Wildlife Center (CWC) already performs this service for the city, and the CWC’s executive director had written a letter to the city expressing a concern about some of the items in WildRescue’s proposal for the city. One of the items is WildRescue’s dispute against a 48-hour mandatory waiting period for rescuing beached or injured mammals, which WildRescue officials say the CWC imposed. However, Beth Caskie, executive director of the CWC, said the National Marine Fisheries Service mandated the 48-hour waiting period.
Councilmember Andy Stern recommended the city continue the item, because WildRescue head Rebecca Dmytryk had not gotten a chance until that day to read the staff report, so did not have adequate time to prepare a defense. The council unanimously sided with him, but some councilmembers expressed a concern that they were entering into an uneasy situation.
Dmytryk is the founder of CWC, but left in a bitter dispute. Mayor Ken Kearsley said he did not want to get involved in a tong war between the two groups.
City Tiles for all
Lastly, a man who did not even want Malibu to become a city was granted its highest honor. Councilmember Joan House nominated Tom Fakehany to receive a Malibu Tile, and the council unanimously agreed with her nomination. Fakehany has been a Los Angeles Sheriff’s Department Reserve Deputy for 33 years and has been a member of other community organizations. Despite the unanimous vote, Barovsky said she felt a little bit uneasy at first.
“Mr. Fakeny fought cityhood, fought the parks bond and I have a sneaking hunch did not march for women’s rights,” she said.
But Barovsky said she could support his receiving the honor because she respects his service and likes that there is a diversity of people who have received the tiles.