Malibu City Attorney: Council Did Not Violate Brown Act

Malibu City Attorney Christi Hogin denied allegations this week that three city council members violated the Brown Act in early discussions about a proposed land swap.

The Malibu Township Council (MTC) filed a letter last Friday challenging the proposed swap, which would allow the city of Malibu to gain ownership of 83 acres of Bluffs Park in exchange for Santa Monica Mountains Conservancy (SMMC) control over 532 acres at Charmlee Wilderness Park.

"Notwithstanding MTC's attempts to paint a nefarious gloss on the events, MTC presents no facts - and none exist - to support its baseless accusation," Hogin wrote in a staff report released Thursday.

The Malibu City Council is expected to consider Hogin's arguments and approve a letter to be sent in response to the MTC at its March 25 meeting at Malibu City Hall.

In the response letter, Hogin said the city seriously considered the allegations and determined that no Brown Act violations occurred.

Hogin wrote:

Please be assured that no unauthorized communications occurred outside a duly noticed public meeting. The City Council's unanimous action to direct the City Attorney to engage in certain negotiations and authorize an ad hoc committee to assist her was taken after hearing extensive public comment and full deliberations in an open session and at a duly noticed public meeting, all in accordance with the Brown Act. The City considered seriously the points raised in your letter anddetermined that there has been no violation of the Brown Act. Accordingly, it wil not take any further actions in response to your client's demand.

In its letter, the MTC asked the council to set aside its Jan. 14 direction to city staff to further explore the land swap, direct staff to abandon any further negotiations with the SMMC about the proposed swap and release all text and email messages exchanged between Sibert, House, La Monte and Thorsen about the swap.

According to the letter, the Malibu City Council has 30 days to correct any violations of the Brown Act.

The group says in the letter it has the "right to file suit for a judicial determination that the council’s actions giving the Parkland Swap the green light were taken in violation of the Brown Act’s open meeting requirement, and are null and void."

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