All three incumbents seek reelection and two newcomers join the November election slate

By Barbara Burke

Special to The Malibu Times

Malibu employs staggered terms for its City Council, and this November, three of the five City Councilmembers are up for reelection. In alphabetical order of their surnames, they are Paul Grisanti, Bruce Silverstein, and Steve Uhring. Two newcomers, Haylynn Conrad and Dr. C. Channing Frykman, are also vying for council seats.

The Malibu Times sat down with each of them to discuss their qualifications and their City Council leadership goals.

Collaborative, not combative: Paul Grisanti seeks a more cooperative focus on the council and prioritizes fire and PCH safety, crime and the homeless.

Noting that he has served on the City Council for the past four years, including 19 months as the mayor, Paul Grisanti states that the city has greatly progressed on many fronts, yet there is still much work to be done.

“Our number one responsibility has always been public safety.” Grisanti said, noting that he joined his neighborhood fire brigade over four years ago and is a member of Arson Watch.

“The number of fire brigades has grown and will be further increased significantly, which should help our community and serve as a force multiplier for our fire department during this, and future fire seasons,” he stated, adding that the city’s “beacon boxes” contain valuable neighborhood specific information for “out of town” fire department personnel who may be dispatched to our community in an emergency.

Given that SMMUSD is the only remaining noncontiguous school district in the state and that such districts are no longer allowed, he expressed measured optimism that the school separation will occur. 

“We have a good team of people working toward creating our district, but special legislation will be required to approve a reallocation of tax proceeds per the Tax Assessor,” he said. 

“As for the terrible loss of life on PCH, the hiring of California Highway Patrol and the installation of speed cameras should further reduce speeding,” Grisanti said. “No matter what we do, until we make punishment fit the crime, we will continue to see the innocent loss of life, which is why I introduced a resolution calling for the loss of a driver’s license for those guilty of excessive speeding.” 

Grisanti discussed his differences with some others on the City Council. 

“I don’t believe developers are taking over our city as some would have the voters believe,” he said. “The fact is that inthe past four years, only one planning approval has been granted for a commercial development of any size within the city and that was for conversion of an existing office building to a moderate sized hotel in a commercially zoned district.” The one city approval was for the Sea View Hotel.

It is Grisanti’s hope that by allowing some overnight dwellings, the Coastal Commission will be more willing to support a city reduction in the daily rental of homes.

“Short-term rentals are a far greater threat to the quality of our residential areas than a hotel or motel in a commercial district,” he said. “The big problem is the Coastal Commission doesn’t think Malibu has enough hotels or motels for visitors and the construction of the Sea View Hotel should help.” 

Finally, Grisanti stressed that he believes “in being collaborative, not combative,” when working on the council and that“the relentless attacks on city staff by some members of the City Council and their appointees are unprofessional and unwarranted. Their disrespect towards other governmental bodies, whose support we need, is counterproductive.”

Bruce Silverstein sees benefits to reelecting an incumbent and to having an attorney on the council

​Stating that the city must continue to stridently work on efforts to improve the safety of PCH, Bruce Silverstein also prioritizes protecting Malibu’s rural environment: “I’ve done a lot to protect our environment while serving on the counsel and doing so is a very important objective of mine.”

Addressing his voting record concerning land use appeals, he stated, “There are false beliefs that I vote to deny land-use appeals and that is simply not the case. I voted with the majority of the council 13 out of 16 times with regard todenials of such appeals, in addition to my votes in instances where there were unanimously denied appeals.”

In Silverstein’s opinion, fiscal responsibility is very important, although he doesn’t hesitate to vote for allocating funds for the needs of residents when appropriate. “We have a healthy fiscal reserve,” he said, commenting that it is better to deal with preparing for how the local government will function in times of disaster. 

He notes that as a member of the administrative and finance committee, he has advocated spending funds to benefit the schools, most notably providing seed money for the PTSA’s endowment fund to benefit arts and extracurricular opportunities for public school children. 

Silverstein thinks that it is important for a city council to have an attorney member and notes he is the only lawyer to serve in the last decade. 

“It’s very rare not to have an attorney on the council, and every council within a 10- to 20-mile radius of Malibu does so,” he said. “An attorney on council is more attune to what residents want than are a city manager and city attorney.”

There is great merit, Silverstein posits, to reelecting an incumbent. “There is a very big learning curve when one comes on the council and, notably, there hasn’t been an incumbent reelected in Malibu since 2016.”

Finally, with regard to why he is running for reelection, Silverstein states, “I do so out of civic responsibility only — I do not have a local business here that could benefit in any way.” 

Steve Uhring emphasizes PCH safety, advocates clarifications in Malibu’s municipal planning code andexpediting permits for small projects

​The urgency of improving PCH safety and making positive changes in the city’s Planning Department are top priorities for candidate Steve Uhring. 

“Having the most qualified people in the planning department is critical,” Uhring stated. “Our municipal code is very complex and subject to varying interpretations and, as Lester Tobias stated recently in a City Council meeting, we need to make revisions to that code.”

In Uhring’s mind, smaller projects — such as installing a new water heater or a generator that is necessary for emergencies — should not involve a protracted process for permits. Rather, such permit applications should be performed over the counter with proper documentation, thereby taking some of the responsibilities of planning staff. 

As to concerns relating to climate change, Uhring needs the city to be aware of and prepare for such events.

“Why not ensure that the new high school that is being built will be able to serve as a cooling center for residents?,” he queried. “Managed retreat won’t work in Malibu, but we have to come up with an agreement with the state and Coastal Commission to make a smart plan to address the impacts of climate change.”

“We also need to deal with our need to have clean, available water,” Uhring said. “When we have huge rains and the water drains to the oceans instead of fortifying our aquifers.”

Turning to the issue of the local public fisc, he stated, “The city should allocate segregated funds for disasters.”

Turning to the issue of Malibu residents’ budgets, he noted, “We live in a high fire zone, and it’s imperative we find a way to help residents to acquire wildfire insurance.”

Uhring emphasized that his “third holy grail is to keep up the fight for school separation. We have to find a way to accomplish it soon.”

Short-term rentals remains a huge focus for the city and its residents, Uhring noted, pointing out that Seal Beach, which has a population of well more than $20,000, can cap its short term rentals at only 47 units, whereas Malibu has approximately 300. “We must find a way to restrict the number of STR’s,” he said. 

Malibu is working on its housing element plan and, in Uhring’s mind, the city’s approach to alternative dwelling units is interrelated to Malibu’s housing element.  

“We who live here and serve on the council are custodians for both the present and the future,” Uhring stated. “We need people on the council who will enforce our building codes.”

The newcomers to Malibu politics, Conrad and Frykman, focus on PCH safety and school separation.

Haylynn Conrad’s superpower is seeing the big picture affecting critical issues for Malibu

​“I’m most passionate about fire safety in Malibu because we are so vulnerable here, and the town can go up in smoke before our eyes and if that happened, we would no longer have a city to fight for,” said Haylynn Conrad, one of the two non-incumbent candidates. “We need to take care of our Woolsey Fire victims — it’s shameful not to do so! Malibu is just waiting for another fire, and without creative problem solving, we are bound to repeat history.”

​Conrad notes that after Western Malibu experienced one of the highest incidents of homes destroyed by fire, many of which were approximately 2,200 square feet, many of the rebuilt homes are between 6,000 and 7,000 square feet, some of which are second and third homes that, Conrad states, doesn’t make for an engaged community. 

​“By allowing the building of such large homes, we’ve changed the nature of our community, which is partially contributing to our declining enrollment in schools because many of those larger homes are not homes with families,” she stated. “With real estate valued at approximately $24 billion in Malibu, I would like to see more members in the community participating in helping to solve the city’s problems.” 

One of Conrad’s greatest concerns relates to the unsafe conditions on PCH and she proposes to design the thoroughfare as a local boulevard, not a major highway. 

“The White Tires project, while good, is not enough to address our safety and congestion issues on PCH comprehensively — what we do on Big Rock affects Trancas and we need to make smart decisions — I advocate implementing better mass transportation alternatives, perhaps a shuttle, that would help alleviate congestion,” she said.“My vision of Malibu is that it should be a safe and welcoming city now, for residents and our visitors, and that ultimately, it would be a wonderful community for our kids and grandkids.”

Conrad also advocates expediting permit processing in Malibu, noting that she built a home here and waited for years to acquire permits. “Why did we have to wait for three years to get a generator permit in a fire zone?” she asked incredulously.

Greatly involved in the community, Conrad states she has a passion for supporting schools and participated greatly in Advocates for Malibu Public Schools (AMPS). “I also volunteer for Mending Kits and the Painted Turtle,” she said.

Conrad and her husband, molecular biologist and geneticist Andrew Conrad, a longtime Malibu resident, met in New York. She grew up in Coney Island and once modeled for runways and print work and worked for many notable fashion companies. A businessperson, Conrad once started a restaurant on the lower east side for the community to gather in the city and she and Andrew started Sycamore School in Malibu.

​There is great value in electing a newcomer to the City Council, Conrad posited: “We need to see all of the issues I’vediscussed as quite interrelated and my superpower is to make sure I and others don’t get bogged down and fall into rabbit holes — currently, we need to make change happen on many levels and empower our community.”

Dr. C. Channing Frykman: “PCH safety STAT; MUSD STAT; resuscitating Malibu’s heartbeat and way of life STAT!” 

​“As a parent, pediatrician, PCH victim, passionate advocate, and servant leader, I am seeking to protect and serve Malibu,” Dr. C. Channing Frykman said. “PCH safety improvements are of critical concern — our family has experienced two life-threatening crashes on PCH!”

​Frykman referred to a car speeding through the intersection at PCH and Trancas hitting her in the crosswalk. “It has been a long, hard road to recovery involving intensive in-patient and outpatient rehabilitation,” she said. “I was the first to speak at the Malibu City Council meeting about PCH tragedies.” 

Just after Frykman fully recovered, her husband Phil was hit by a vehicle on an early morning ride in Encinal Canyon.“He has recovered well, but our family is in shock that we both had near-death accidents,” she said. “These recurrent, preventable crashes are far too common in our neighborhoods and city.”

Such PCH tragedies are, in Frykman’s view, “100 percent preventable and I am qualified to help with those efforts as I have been integrally involved in medical, institutional, community, and advocacy roles for more than 20 years.” She has served as a volunteer physician and board leader at a federally qualified health center in the heart of Los Angeles and been actively involved in Mending Kids, an organization that provides life-saving surgeries for children worldwide. She serves as a volunteer pediatrician at The Painted Turtle Summer Camps and fall/spring family weekend that enablechildren such as her own who have serious and life-threatening medical conditions and their siblings and families to enjoy camp experiences.

“My highest priorities for the Malibu City Council will include working with multiple agencies in catalyzing PCH safety to bring the death toll to zero, creating Malibu’s unified school district, and resuscitation the heartbeat and life line of Malibu by creating an engaged community,” she said.

Frykman and Phil, who’s also a pediatrician, have three children. They adopted twin sons, Ryan, 23, and the late Everett, who unfortunately passed away at 14. They also have a daughter, Kristin, who is 15. 

“From the moment we arrived in Malibu 10 years ago, our family has been welcomed and nourished by theunsurpassable kindness, hospitality, generosity and support of this beloved community.” Frykman said. She states that she feels called to use her voice and advocate to keep Malibu that way … and, to make it safer.

Interim Planning Director Maureen Tamuri introduced at the meeting

The Planning Commission began Monday night’s (Aug. 19) meeting with motioning to continue item 4.a, Coastal Development Permit No. 19-014, to the Sept. 3 regular Planning Commission meeting. 

Most of the public comments were not related to anything on the agenda but were in relations to the upcoming City Council campaign. 

“The campaigns on people — don’t believe everything you hear,” Chair John Mazza said. “When you hear things in social media and speakers, check ‘em out, see if they’re true.” 

Vice Chair Drew Leonard encouraged the Planning Commission to pledge not to mention the upcoming campaign.Kraig Hill said he would take the pledge, but Mazza said he “will not sign on to that.” 

“I’ve been through at least 10 elections, probably 15? I’ve seen how certain people act, with trolls and lies,” Mazza said. “I don’t intend to go out there and be politico and stir up trouble, but I cannot stand by and have people attack when I know they’re being lied about.” 

After the commissioners’ comments, Maureen Tamuri attended the meeting to announce her new position as interim planning director. 

Tamuri brings over 40 years of experience and expertise in planning, architecture, and community development.

“I pledge you my professional best,” Tamuri said.

Tamuri’s career highlights her ability to lead complex projects, develop innovative solutions, and collaborate across departments and agencies. Her deep understanding of planning, local government service, and commitment to community development will be invaluable in her new role with the City of Malibu Planning Department.

“It’s a pleasure to put all that skill to work,” she said. “I hope to make the most of my time here.”

Tamuri said she has 960 hours with the city, or until a new successor is appointed.

The planning commission moved on to item 3.A.1. Coastal Development Permit No. 22-003, Variance No. 22-024, Variance No. 23-004, and Site Plan Review No. 22-029; an application to construct a new, two-story single-family residence and associated development. After about an hour of deliberation, the commission approved the application.

After a brief intermission, the commission received a report on the 2021-2029 Housing Element and Code Amendments.

This agenda report provides information to consider an amendment to the Malibu General Plan for the 2021-2029 Housing Element Update and related LCP and MMC amendments to implement mandatory programs in the 2021-2029 Housing Element.

The Housing Element Update includes analysis of the community’s housing needs, opportunities and constraints, as well as policies and programs to facilitate the construction, rehabilitation, and preservation of housing for all economic segments of the community. Every city and county in California is required by law to prepare a Housing Element update for the “sixth housing element update cycle”. 

The statutory deadline to adopt a certified 2021-2029 (sixth cycle) Housing Element for all jurisdictions in the Southern California Association of Governments (SCAG) region, including the City of Malibu, was on Oct. 15, 2021.

After an hour debate and another brief recess, the commissioners approved the staff report with recommendations. 

The next Planning Commission is on Tuesday, Sept. 2. 

Litigation and policies is slated for Sept. 4-5 in gathering hosted by Smart Coast California

By Barbara Burke

Special to Malibu Times

Residents of Malibu and other California coastal cities are facing sometimes herculean insurability challenges, severallawsuits and regulations impacting coastal communities and their properties are pending or recently published, while local governments grapple with whether and how to address the impact of sea level rise and beach declination.

As this goes on, a group of elected and appointed officials from various governmental agencies, including the California Coastal Commission, will join environmental, legal, economic, urban planning, and engineering professionals at One California, One Coast: the 2024 Smart Coast California Policy Summit on Sept. 4-5. The event will be held at the Renaissance Newport Beach Hotel.

One glance through the packed and important agenda convinces one that this is not just a conference for lawmakers and policy wonks.

The agenda is flush with presentations of interest to all, including a panel entitled, “From Data to Impact: A Discussion of California Projects,” which will address the most recent sea level rise science and, importantly, with regard to projects germane thereto, what is working, what is being tested and what the future holds.

Equally important — and sometimes frustratingly confounding, is the presentation entitled “Sea Level Rise and the Law: Addressing Liability, Property Rights and Regulations.” Local preeminent attorneys will consider the legal implications of coastal adaptation and management alternatives. Being lawyers, there must be a hypothetical presented for consideration, of course! Thus in the agenda, they posit, “If the permitting agency denies owners the right to protect their property, and property damage occurs, who is responsible?”

A coastal cities neighborhood scale workgroup will address options available to municipalities, counties, the state and even neighborhoods to enhance coastal resilience and mitigate sea level rise. Then, of course, after discussing the science,technology available. legalities and impacts of any coastal mitigation efforts, there’s always the big elephant in the room — who will fund such efforts and what will they cost?

Perhaps the most important panel discussion for homeowners and business property owners will address challenges and coverage issues relating to coastal insurability. There’s another emerging big elephant in the room on that one: Attendees will no doubt wonder not only how much insurance might cost, but also whether it is available at all for their properties. 

For more information, go to smartcoastca.org where one can learn more about the Policy Summit by reviewing last year’sconference, register for the Summit, and reserve a hotel room.

Ceramics class at Zinque delights attendees

By Barbara Burke

Special to The Malibu Times

“I love this experience,” said Kristen Cusomano, an attendee at Zinque ceramic class on Aug. 11. “It’s a fun thing to do on a Sunday afternoon.”

The excited group of interested ceramicists of all experience levels sat before pieces of clay and palettes, painting brushes and water cups at hand. They listened attentively while Nataliya Rogachkina of Handmade in Venice Beach provided preliminary instructions.

“There are a few useful tools for creating clay works and they include a sponge to smooth things out and to also create an ombre effect if you like,” she said. “A cutting tool is used for making handles, a needle to attach two sides of clay elements. You can also use cookie cutters to fashion clay into shapes, stamps to create special elements, rings as a base to help form a plate, bowl or cup, and of course, there are a variety of paints.”

With that, they were off. Some in the group pondered, carefully reflecting about what they wanted to create. Others happily dived in, already certain about their design decisions and intent on fashioning their creative work.

As they launched, feeling earth’s clay in their hands, friends Sarah Koos and Lauren Popish remarked about how liberating it was to work creatively.

“It’s very fun to do something with my hands and not be on the computer,” said Popish.

“It’s our analog activity,” Koos quipped.

“I think it’s an absolutely delightful day and it’s fun to spend a Sunday afternoon doing this,” Diane Sherry declared.“Working with clay is a soothing mind-body kind of therapy as it’s a sensual activity.” 

It all started with balls of clay. Soon, the participants’ clay began to take form and the group displayed their wide variety of creativity. Some chose to fashion utilitarian items, while others made whimsical pieces. 

There was a plate with a saguaro cactus, its arms intended to hold rings. There was also a cheese plate, a little incense holder, and a plant holder. There was a three-dish plate that its creator intended to use as a vitamin and medicine holder and a jewelry holder that had elements spelling love. 

“I have created a succulent garden and doing so is a whole lot harder than it looks.” Michael Coon said. “Working with the clay is very tactile and very therapeutic.”

Watching a group of people who do not know one another begin to mingle as they enjoy a creative art always delights Marc Danays, the maitre d’ for the group. “We created the class to unite people and provide an opportunity to learn, meet each other and perhaps share their cultures and backgrounds.

“Sometimes, in our Venice Cinque restaurant where we started providing these classes, we see mothers and fathers with their kids. It’s delightful for people to develop camaraderie while being creative.”

Catherine Kang agreed: “This was a fun experience with a great vibe and we created with friends and enjoyed a great Sunday afternoon.”

Danays enjoys providing residents and visitors with opportunities to gather. 

“I recently provided the Aperitivo-Paella dining experience at this restaurant and customers really enjoyed watching us make the paella and sharing that experience,” he said. 

As they finished, each artist told Rogachkina whether they wanted her to fire their clay work and for those who chose to do so, she said she would arrange for them to pick their clay works up.

Zinque hopes to offer further ceramics and other creative arts and dining opportunities in the future.

Milwaukee Brewers owner, construction company are defendants as plaintiffs allege a violation of the California Coastal Act

By Barbara Burke

Special to The Malibu Times 

Two Broad Beach residents are entrenched in a dispute concerning sand excavation and the presence of heavy construction equipment in the tidal and intertidal zones, which is proscribed by the Coastal Act.

“This is a case about a private property owner using a public beach as their own personal sandbox and the disturbing conversion of a public natural resource (i.e., sand from Broad Beach) for a nearby homeowner’s personal, private use.” So states the introductory sentence in a civil complaint filed in Los Angeles Superior Court by Los Trancos Management Services, LLC against 2XMD Partners, LLC, a California limited liability company owned by Mark Attanasio, billionaire businessman and owner of the Milwaukee Brewers baseball team. The complaint also names JILK Heavy Construction, Inc., a California corporation that works on a seawall improvement project for Attanasio, as a defendant. The project involves several permits issued by the city, as discussed more fully below.

Broad Beach residents Tara and James Kohlberg are the beneficiaries of the plaintiff Los Trancos Management Services, according to Patrick Breen, their attorney. James is the son of Jerome Kohlberg, who founded the global investment company Kohlberg, Kravis, Roberts & Co. 

The Malibu Times caught up with Tara Kohlberg, who stated the couple’s action was filed to stop unlawful work on the beach because by moving the sand, the construction company has “disturbed a public natural resource for personal, private use.” The complaint, supported by video clips and photographs, accuses JILK Heavy Construction of operating enormous excavators right in the tidal and intertidal zones, damaging fragile ecosystems and habitats, and leaking oils, thereby exposing local wildlife and beachgoers to hazardous byproducts. Further, the Kohlbergs allege that Attanasio’s project also restricts public access to the entirety of the public beach. The plaintiffs allege a violation of the California Coastal Act and seek immediate cessation of improper excavation — which Attanasio’s attorney, Fred Gaines, states has already occurred. The Kohlbergs also seek nuisance damages.

The parcels involved

Attanasio owns two parcels with direct access to Broad Beach, including the 0.84-acre 31430 parcel, which is improvedwith an existing single-family home, landscaping, and a seawall. He also owns the approximately 0.27-acre parcel that is unimproved.  He purchased both properties in 2007.

The complaint notes that defendant 2XMD, Attansio’s company, obtained several permits to repair and reinforce a seawall at the 31430 parcel. Specifically, on Jan. 1, 2022, the city issued building permit No. 22-0159 authorizing the remediation of the existing timber bulkhead seawall for that parcel. In October 2022, the city issued an emergency coastal permit authorizing the “repair and reinforcement of damaged timber return walls servicing as a seawall that areexposed to wave uprush at high tides.” That permit was subject to 16 conditions of approval. The complaint notes one of those COAs admonished, “at no time shall any materials or mechanized equipment be located within the tidal zone,” and that “no machinery shall be placed, stored or otherwise located in the intertidal zone at any time, unless necessary for the protection of life and/or property.”  

The complaint states that after obtaining those permits, 2XMD unlawfully used portions of the 31438 parcel for a crane platform and staging area, whereupon the city filed code violation No. 24-015 in connection with that unlawful work.

2XMD then obtained another emergency coastal development permit, ECDP 25-006, authorizing the use of the 31438 parcel, “for the placement of a crane platform and staging area above the tidal zone located at the 31438 property to complete seawall repairs of a damaged timber at a beach front property [the 31430 parcel].” That permit had an identical condition of approval precluding any equipment or materials being located within the tidal zone and providedthat no machinery shall be placed in the intertidal zone, unless necessary for the protection of life and/or property.  Finally, on March 26, the city issued another permit allowing the use of a temporary crane foundation for offsite work on the 31430 parcel. 

The gravamen of the Kohlbergs’ complaint alleges, “At no point in the history of permits for the parcels were defendants permitted to, (1) operate heavy machinery in the tidal zone or (2) remove sand from the public beach for the exclusive benefit of the parcels.”  

The plaintiffs seek an injunction to protect Broad Beach “after filing several complaints with the City of Malibu and the California Coastal Commission,” the complaint states. Video exhibits linked within the complaint document the extent of the illegal dredging work, Tara Kohlberg stated. 

“I have personally seen patches of gasoline on the beach.” she said. “The excavators on the beach in the tidal zone destroy sea life and harm the fragile ecosystem. Excavators are also on the hillside. They are taking sand from public property and depositing it over the seawall — we don’t know for sure, but we assume they are doing so to use the sand as backfill to support the seawall.” 

Kohlberg also stated that her attorneys’ one-month-long efforts to reach officials at the City of Malibu and the California Coastal Commission to seek their assistance in convincing the defendants to cease operating the excavators on the beach have been entirely unsuccessful.

“We went through the appropriate channels and there was no enforcement, so we had to act,” she said.

Attanasio’s attorney assures that the excavation in issue has ceased and notes no sand was needed for the project.

When The Malibu Times reached out to Attanasio and his legal counsel, Fred Gaines of Gaines & Stacey, LLP, they stated that no one from the City of Malibu or the Coastal Commission had contacted them about the Kohlbergs’ concerns, but they were unsure whether such agencies had reached out to JILK Heavy Construction.

Gaines noted that 2XMD doesn’t need sand for the project and did not want any sand from the public beach. 

“Mark Attanasio has served on the board of the Trancas HOA for 15 years and he has actively participated in the Broad Beach restoration efforts for years,” Gaines noted. 

“It was very important to me that the company I hired to do this work was a well-established company and used union workers,” Attanasio told The Malibu Times, adding that JILK is very respected in the industry, specializing in working on piers, wharfs, sea walls, bridges, and geotechnical construction with clients including the U.S. Navy, National Parks Service, the cities of Santa Monica and Newport Beach to name a few. 

“I have lived on Broad Beach for 25 years and have always worked hard to be a good neighbor as well as to follow all the laws, permitting requirements, and local ordinances.” Attanasio stated, “When I think about Broad Beach and all the public beaches, I think of families, including my grandkids, being able to safely enjoy the natural beauty of this precious coastal resource for years to come.”  

“Getting involved in a lawsuit with our neighbors is not something we would ever want to do.” Tara Kohlberg said. “However, my husband and I feel a social responsibility to protect this beach and to do what we can to facilitate the healing of the erosion and the ocean.”

“It’s a very fragile ecosystem — the ocean is home to all of the marine life. We’ve had a baby seal on our steps after a storm,” she said. “We don’t need excavators polluting the ocean, harming the sea life and destroying the foundation of the beach!”

The complaint alleges a violation of the Coastal Act, noting that the term “development” in that law, is defined as including, “discharge or disposal of any dredged material or any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of the land.”  

Kohlberg stated, “The joy and magic Broad Beach provides us and the community is endless — it is our responsibility to preserve it to the best of our ability.” 

As documented in public records, Kenneth A. Ehrlich is the manager of defendant entity, 2XMD, and Attanasio, a former employee of Crescent Capital Group and current owner of Major League Baseball’s Milwaukee Brewers, is the beneficial owner. 

Referring to Ehrlich, Kohlberg stated, “I don’t know how the attorney for the Broad Beach Geological Hazard Abatement District, which is trying to restore the beach, can also be the head of the LLC that is contracting for the illegal dredging and using the sand for their own personal use.”

The Malibu Times caught up with Ehrlich who stated, “I withdrew my representation of 2XMD in this matter as soon as it became clear there was litigation between two BBGHAD owners.”

No words

“My 6-year-old goddaughter asked me ‘why are our neighbors taking sand from the beach — why can’t they just go to the beach?’” Kohlberg said. “I didn’t have an answer.”

Speaking of no words, efforts to reach JILK Heavy Construction have not been successful as of press time, although, to be fair, such efforts were made over a weekend. The Malibu Times will continue to reach the company and its representatives and keep readers updated.