MTC Ready for Lawsuit Over Alleged Brown Act Violations

The Malibu City Council approved a letter Monday that denies allegations 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 earlier this month 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.

In a 4-0 vote, the council agreed without much discussion to send the response letter, which was drafted by City Attorney Christi Hogin. Malibu Mayor Lou La Monte was absent.

Councilman John Sibert, speaking by teleconference during the meeting, denied any Brown Act violations.

"We were notified by the city attorney prior to Christmas that there had been a meeting and what was discussed," Sibert said. "Other than that, I spoke to no one else about it, staff or other city council members. Certainly not to Mayor La Monte or Mayor Pro Tem [Joan] House."

Sibert said that the first detailed knowledge he received was in the January staff report about the proposed swap.

"The mere idea that finding out that something is being discussed violates the Brown Act is, I think, ludicrous," Sibert said.

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 City Manager Jim Thorsen about the swap.

The group alleges Mayor Lou La Monte and Mayor Pro Tem Joan House violated the Brown Act by meeting in secret with SMMC Executive Director Joe Edmiston in the lead up to the council's Jan. 14 decision to further explore the swap. The MTC also claims that the initial talks surrounding the land swap involved a majority of the five council members -- La Monte, House and Councilman John Sibert.

Attorney Frank Angel, who is representing the Malibu Township Council, said after the council meeting he is recommending that the MTC file a lawsuit challenging the Malibu City Council's action on the proposed land swap.

"This isn't going to go away by ignoring it," Angel said.

Steve Uhring a member of the Malibu Township Council said the group sees itself as a watchdog.

"The Malibu Township Council is committed to taking this to court and not letting this kind of stuff happen," Uhring said, adding that a Brown Act violation allegation is serious.

"The judge will figure out what's right," Uhring said.

Read more about the MTC's allegations here.

Stay connected with Malibu Patch throughout the day on Facebook and Twitter. Subscribe to our free daily newsletter for email updates and breaking news alerts.