Just one week after the Malibu City Council refused to acknowledge allegations that council members violated state open meeting laws, Malibu’s city attorney is recommending the council reverse its decision after a local civic group threatened the city with a lawsuit.
In a staff report released midday Tuesday, City Attorney Christi Hogin maintains the accusations of violations of open meetings laws by the Malibu Township Council and its attorney Frank Angel are “baseless” and says city officials did nothing wrong. However, she now recommends that in order to save $18,000 to $20,000 on “wasteful and distracting litigation,” the City Council should rescind its Jan. 14 vote to enter into negotiations with the Santa Monica Mountains Conservancy over a potential swap of Charmlee Wilderness Park for Malibu Bluffs Park.
The staff report’s recommendation appears to be done for legal considerations, as Hogin recommends the council direct her to re-enter negotiations at the next council meeting April 8.
In a letter submitted to the city March 8, Angel and MTC alleged that more than three members of the Maliblu City Council were illegally aware of the potential swap before it was discussed in public on Jan. 14, in violation of the state’s Ralph M. Brown Act, an open meetings law. The letter demanded the city stop all negotiations related to a controversial parkland swap and turn over all swap-related documents and records from city officials.
Under the Brown Act, the City of Malibu then had a specified period of time in which to either acknowledge Angel and MTC’s “cure and correct” demand, ceasing negotiations and turning over documents, or declining.
On March 25, the City Council voted 4-0 to send a letter to Angel declining the “cure and correct” request. After the council unanimously rebuffed the allegations, Angel said he would recommend MTC press forward with a lawsuit.
The proposed swap of 532-acre Malibu-controlled Charmlee Wilderness Park for 83 acres of Bluffs Park, controlled by the Santa Monica Mountains Conservancy (SMMC), has drawn the ire of many residents who fear an increased wildfire risk if SMMC installs campsites at Charmlee and believe Malibu should hold onto what many value as a prized parkland. Proponents of the swap maintain that city jurisdiction over Bluffs Park would allow for the construction of several sports and recreational facilities, which they believe the city lacks.
In this week’s staff report, Hogin does not specify whether she recommends the city turn over any swap-related records or correspondence.
The City Council will consider Hogin’s latest recommendation at its meeting Monday, April 8.
Calls to Angel and Hogin were not immediately returned.
Keep checking back for more on this story as it unfolds and check out extended coverage in this week’s print edition of The Malibu Times.