No ‘peaceful’ transfer of power in Malibu

Michele Willer-Allred, Staff Reporter – 9:17 am PST December 15, 2020 – Malibu Surfside News

What was to be a peaceful transfer of power turned into fireworks at the Malibu City Council on Monday.

Instead of the typical lack-of-theatrics changing of the guard — in this case, three members leaving and three coming on board — outgoing longtime council member Jefferson Wagner used the meeting held virtually as an opportunity to announce he had executed an affidavit describing alleged evidence of criminal activity and potential corruption at City Hall.

Later in the meeting, the majority of the council decided to forgo the tradition of electing the top vote-getter in the council race — Bruce Silverstein — as mayor pro tem (a largely ceremonial title).

When Steve Uhring, another newly elected member, declined the nomination in protest to show his support of Silverstein, the council approved Paul Grisanti for the position.

In response, Silverstein said the move against him was a “personal vendetta being waged by the members of the council who did not want to see me elected.”

During his parting remarks, Wagner presented a sworn affidavit detailing an alleged attempt to bribe him through a scheme like one that was exposed in recent federal indictments of Los Angeles City Council and staff members. The alleged bribes include all-expense-paid trips to Costa Rica and Las Vegas, with promises of cash incentives from a contractor who was bidding on a city project.

Wagner says he doesn’t recall the vendor’s name. However, the information should be in the city attorney’s files, he said. 

The affidavit also included previously undisclosed background details of the raid of Wagner’s home in 2018, including how former Los Angeles Mayor Antonio Villaraigosa is said to have contacted Wagner to persuade him to vote in favor of Malibu City Manager Reva Feldman’s contract extension with the city. Wagner alleges that when he was the sole council member who voted against an amendment to her contract, his home was raided two days later by then Los Angeles County District Attorney Jackie Lacey, a politician with known ties to Villaraigosa.

The affidavit also presents allegations of the solicitation and acceptance of personal payments by members of the city staff, potential corrupt activities by one or more members of the Malibu City Council, and favorable treatment of permit applicants, as well as code violations where staff turned a blind eye.

The affidavit notes Wagner being told of at least one member of city staff who received an incentive to expedite a property inspection “and was discharged quietly without the incident being publicly reported.” Wagner also alleges that he heard about another employee who suddenly resigned in the wake of talks of her having been caught soliciting or receiving an incentive.

Wagner also alleges that he was told about various “valuable favors” given to city staff by friends of the city manager.

The affidavit also details that some of this information was provided to former City Attorney Christi Hogin, who allegedly acknowledged that the information was an attempt to bribe a city official, but took no further action.

Silverstein said Wagner’s sworn affidavit has been the subject of rumors that have circulated throughout the city for many years, but that this was “the first time that someone with personal knowledge of such matters have come forward with details in a sworn statement.

“And it’s the first time an elected official has been willing to break ranks with city hall and begin to expose the dark underbelly of city government,” he said.

Later in the meeting, Silverstein requested among other things that the new council schedule a special meeting for the purpose of creating a special investigation committee to look into the allegations, that the city put a moratorium on the destruction of pertinent documents and emails and that any member of the public come forward if they have information of alleged city corruption.

However, no action was taken by the new council on the matter at Monday’s meeting following Silverstein’s request.

While there was no response to the allegations during the meeting by city officials, Feldman comments prior to Wagner’s presentation indicated she sensed trouble.

While praising the work of outgoing council members, which included Rick Mullen, who lost his bid for a second term, and Skylar Peak, who was termed out, she said that the transition to the new council is coming with some tension.

Feldman said that she was aware of the criticism about her and the city staff that’s been swirling through emails and social media.

She said those comments “have nothing to do with exceptional service our city staff provides to our residents every day, nor does it have anything to do about the job that I do.”

Feldman admitted that it’s actually due to a “perceived lack of clarity and the information coming from City Hall” and that she was dedicated to reconnecting with the community.

During his remarks, Silverstein expressed gratitude to Wagner, Mullen and Peak for their many years of service to the community. He then thanked the more than 2,400 residents who voted for him, and said he was humbled by the experience.

Silverstein said he ran as a team during the election with second highest vote-getter Uhring, as well as Andy Lyon, who fell short of the necessary votes to secure a seat on the council.

He said Wagner and others expressed concern about the direction in which the city was headed, and that a candidate was needed to reform government.

“As I have said many times, the city of Malibu and the residents of Malibu are not one and the same,” Silverstein said. “I did not run for City Council to represent the city of Malibu or to be a cheerleader or an apologist for the city manager, the city attorney or the city staff. Rather, I ran for City Council to represent the residents and to press to make the city of Malibu responsive and responsible to the residents of Malibu.”

Uhring recalled how, during his campaign, he did not have a single supporter approach him to say they were voting for him to get along with everyone at City Hall.

“They told me to get on the council to make a difference, and that’s what I’m planning to do,” said Uhring, adding that he planned to occasionally push the council out of its comfort zone and arrive at a solution through collaborative decision making.

“I think this is going to be fun. I’m looking forward to the next four years and I encourage all Malibu residents to tighten their seatbelts,” Uhring said.

Grisanti also thanked residents for voting for him.

“I know that there are some that are concerned we will have a tumultuous first year. I’m confident that most items will end up getting approved or denied by a vote of five to zero,” Grisanti said. “And, I don’t think getting along with the rest of the council people is anything to be ashamed of.”

In declinking the nomination as mayor pro tem, Uhring said Silverstein, as top vote getter, deserved the appointment.

“Bruce earned the votes. He went out and got elected and got the most votes than any of us, and there should be some reward for doing that. The reward is based upon a precedent we had in this city for a very long time, and I think trying to change that sends a message that I don’t think is helpful in terms of getting everybody to work together,” Uhring said.

After Uhring declined the nomination, council member Karen Farrer bypassed Silverstein and nominated Grisanti.

After asking Uhring to reconsider, Mayor Mikke Pierson also voted in favor of Grisanti, and then Grisanti voted for himself, making the vote 3-2.

“I just think your actions are going to be remembered down the line, and you’re going to start hearing about it tomorrow,” he said.

In response, Pierson said he wasn’t sure how Silverstein expected him to support him “with what I feel are unending personal attacks … I find some of your actions hard to comprehend.”

Pierson also noted that the last time the top vote getter didn’t get the mayor pro tem appointment was Skylar Peak because people also worried about his fitness for the role at the time.