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ISSUE 3/12 2018
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EDITOR’S N
CECE S. WOODS
OTES How do these images make those of you longtime locals feel about our City officials and how they treated a beloved Malibu icon who served our City with the utmost honesty, integrity and dignity?
Co-Founder STEVE WOODS
publisher
ADDISON ALTENDORF
Executive Editor LORI JACOBUS JULIE TOBIAS
Executive Publisher NICK BETTS Managing Editor ADDISON ALTENDORF
If you are anything like me, you are incensed, angry, appalled and mortified that this can happen in our sleepy, rural coastal town.
Lifestyle Editor TRACEY ROSS
INVESTIGATIVE REPORTING ROB JOSEPH
Wellness Editor DIANA NICHOLSON
Sustainability Director ANDREW MCDONALD
Travel Editor LESLIE WESTBROOK
Rogue Writer BEN MARCUS
Sustainability Advisor BRAD DIAZ
Sustainable Lifestyle Editor EVELINA CHRISTOPHERSON
political contributors JAMES HALL ELISABETH JOHNSON
THEN... Rest assured, justice will be served - hopefully on a cold metal plate in a prison cafeteria for those complicit in causing this kind of trauma to Wagner - and this community. It is unimaginable how someone could even conceive of attempting to ruin a man’s life, let alone someone who has given up so much to make Malibu a better place.
NOW...
Contributors DAVID STANSFIELD MARSHALL THOMPSON SUSAN TELLEM MARI STANLEY MARIE MANVEL GUS JOHANSON ANNEMARIE STEIN
Contributing Photographers TIM HORTON JEN BEL EMILY SCHER NATHAN FAGAN
COVER PHOTO: Jae Flora-Katz
CITY
SHOW OF FORCE FARCE
BY INVESTIGATIVE REPORTER ROB JOSEPH
Mayor Pro-Tem Jefferson Wagner Official Target of Political Intimidation Tactics. MALIBU CA. – On Monday April 16, at approximately 10 a.m., two unmarked units and three detectives in tactical vests from the L.A. District Attorney’s Office arrived at one of two of Mayor pro-tem Jefferson ‘Zuma Jay’ Wagner residences. The raid - because that is what an unannounced visit is, by definition - were based upon an “ANONYMOUS TIP” regarding an alleged “unlicensed home-based business and construction without a permit.” The unofficial raid on Wagner’s residence located at 26995 Old Chimney Road Malibu, California 90265 was without a warrant and apparently without any clear objective according to information provided by Candace Brown, who was at home at the time of the raid. Brown says she was about to get into the shower and was startled by the detectives pounding on the front door of the home. “They told me to get dressed and open the door,” Brown said. Caught off guard by the show of force, Brown permitted detectives into the residence. Brown was baffled at the detectives’ stated intention for the visit and was fully cooperative and escorted them outside to look for the alleged construction. Investigators were unable to find any construction materials or projects in process on the Wagner property. “They didn’t seem interested in looking around the property and kept asking if the house was inside Malibu City limits or in the county,” Brown said. Wagner was at his condominium near City Hall at the time of the raid. The Local Malibu reached out to local law enforcement at the Lost Hills Sheriff’s Department to determine if they had a ‘heads up’ or any knowledge of this action and inquired as to whether the District Attorney’s Office typically notifies them when pursuing investigations within their jurisdiction. Lt. Jim Royal was immediately responsive to our inquiries: “I checked with the watch command and they had no knowledge about it.” This investigator made a detailed formal request to the District Attorney’s Office for information about the ‘unofficial raid’ for what appeared to be a civil ‘paper’ investigation based upon an anonymous tip. After attempts to seek clarification on policies and procedures from at least three official sources - including the lead investigator involved in the investigation - the District Attorney’s Public Information Officer eventually responded: “We decline to comment.” The manner in which this investigation was handled by the D.A. investigators was excessive and clearly unwarranted. Three detectives in tactical gear is a clear abuse of color of authority and an exercise in intimidation. The U.S. Supreme Court has made many determinations about incidents similar to Brown’s experience as an excessive show of force that oversteps the public right to be protected from unlawful search and seizure under the Fourth Amendment of the U.S. Constitution. Such warrantless searches have been deemed as unconstitutional when accompanied by an excessive show of force that leads individuals to believe that they have no choice but to comply with a request to enter a premises. Three detectives in tactical gear pounding on the door and asking to enter Brown’s residence is such a circumstance the courts would easily determine that Brown might not believe she had the right to refuse entry without a warrant. As a former police officer who has performed many consent searches we were always careful to not appear excessive and would approach such incidents as Brown’s in a little more casual approach that sometimes required backup officers to remain out of sight during the initial contact. In my 20 plus years I have not seen such an ‘over the top’ response to a non-criminal alleged civil violation which would normally be handled by L.A. County Building and Safety Department Inspectors. The timing of this incident is also suspect given the response from the District Attorney’s Office, or lack thereof, which might indicate that this was an ‘off the books operation.’ The City of Malibu has been under mounting pressure from the community and The Local Malibu because of the lack of transparency and obvious favoritism given by City Hall to developers and other special interests - from striping crosswalks to piping water.
The D. A.’s action was intended to send a clear message that could potentially stifle any cooperation by Wagner or any other City officials participating in exposing cronyism at Malibu City Hall. The District Attorney’s action in my opinion was intended to send a clear message that could potentially stifle any cooperation by Wagner or any other City official participating in an investigation to expose cronyism at Malibu City Hall. In association with local newspaper The Local and the public information website portal malibucalifornia90265.com, this investigator has interviewed many developers and City Officials who have been willing to provide documentation and information that I believe could lead to a criminal investigation of City Officials. Based upon the information that I have received to-date, I have some serious concerns. Among them, is a public figure such as Antonio Villaraigosa deciding to take personal interest and intervene in the negotiations of City Manager Reva Feldman’s contract renewal. It has been reported by at least three individuals with knowledge that Villaraigosa personally contacted Malibu City Council Members in early 2017 to ensure that Feldman’s contract would be extended. It appears that after Villaraigosa’s call, at least two Council members changed their original position and her contract was renewed, with a raise, despite substantial evidence from sources within City Hall proving her deficiencies. Feldman makes upwards of $300,000 in taxpayer dollars, which is more than most U.S. Senators. Malibu City has approximately 13,000 residents, 9,000 of which are full-time. Some sources have claimed there is a personal family connection between Feldman and Villaraigosa. This investigator reached out to Villaraigosa personally for comment. I first contacted Villaraigosa’s campaign office and reached out via email with no response. As a last resort I called his personal cell phone and left a message with someone who identified herself as his daughter. She assured me the message would be passed on. No response had been received by Villaraigosa’s camp. Notwithstanding, Villaraigosa’s personal interest in Feldman’s contract renewal raises questions of his possible financial connections or interests in Malibu. Wagner later reached out to the District Attorney investigators and was advised that the alleged ‘paper’ violations investigation was: “closed with no infraction and no further follow up.” One thing of concern, if true, is the information provided to myself and The Local Malibu regarding corruption at Malibu City Hall amounting to money laundering, bribery and tax evasion. A request with information for this investigation has been made with the Office of the Lt. Governor to review the matter involving Villaraigosa as a possible ‘Brown Act’ violation with concern that this action was motivated as a personal and/or political favor. ABOUT ROB JOSEPH: Rob Joseph has previously worked as an independent investigator with the FBI’s Public Corruption Unit and works with local, state and federal law enforcement and other government agencies. “I characterize him as being a painfully honest person. Robert is also an individual of high intellect and quite creative in solving analytical problems.” -Verdi White Former Deputy Commissioner of Utah Department of Public Safety & Utah/Alaska Director of Homeland Security “Rob is a tenacious investigator. He has the right background and demeanor to get things done when others cannot. I’ve worked with Rob and know he can be trusted to get results.” - Brett Tolman, Former US Attorney for Utah “I’ve found Rob Joseph to be a patriot, religiously devoted to uncovering and exposing the truth, and shining a light on corruption, injustice and abuse-particularly within the criminal justice system.” -Mark Shurtleff, DC Lawyer and three-term Attorney General for the State of Utah “I’ve always seen Rob as someone who wanted to do the right thing. He has built up a lot of relationships and that’s one reason he is able to find things that others can’t which may be why law enforcement asks him to find out for them. He has a lot of people that trust him.” -John Swallow, Former Utah Attorney General
Left and Below: Investigator Rob Joseph and Mayor Pro-Tem Jefferson Wagner at City Hall and Zuma Jay’s Surf Shop reviewing evidence of cronyism and favortism at City Hall.
CITY
No SHOES, NO SHIRT, NO JUSTICE
BY INVESTIGATIVE REPORTER ROB JOSEPH
POLITICAL HARRASSMENT RISES TO A NEW LEVEL AS D.A. RAIDS MAYOR PRO-TEM JEFFERSON WAGNER’S PROPERTIES AND BUSINESS
In my opinion, the actions taken by the District Attorney’s Office amount to a blatant attempt by individuals within City Hall - who have ties to gubernatorial candidate Antonio Villaraigosa and others connected to the District Attorney - to remove or disqualify Mayor pro tem Jefferson Wagner from taking office as Mayor of the City in January 2019. Jefferson Wagner is a long-time resident of Malibu and owner of Zuma Jay’s Surf Shop - an icon in Malibu for over 43 years, and Wagner is well respected by the residents in this community. Wagner has always been devoted to transparency and accountability, and has openly campaigned on the platform to clean up Malibu’s own ‘Swamp:’ City Hall.
Part of Wagner’s clean-up effort has been to remove the City Manager, Reva Feldman, who he believes has taken on the role of de facto Mayor and gone rogue, allowing an environment of corruption to fester. Feldman needs to be removed, according to Wagner and other city officials, in order to ensure a more open and transparent city government that is accountable to the residents of Malibu and not to big developers out to cash in on Malibu’s appeal. I was invited to look into allegations of corruption taking place within Malibu City Hall by The Local Malibu Editor in Chief Cece Woods a few months ago. Shortly after the first unofficial raid in April by the District Attorney’s Office, Wagner was notified that the initial investigation had ended with no violations. Despite the findings of ‘no violations’ Wagner then received notice from the county assessor’s office that he was being charged back taxes on a structure that didn’t exist. Confused about this notice, Wagner contacted the county and invited assessors out to his property to see for themselves. Wagner jokingly added, “If there was a building on his property I would sell it.” Wagner was also not able to determine from county records and conversations with the county assessor’s office who made the assessment, what information they relied on or who generated or opened the case against Wagner. Shortly after we at The Local Malibu started asking questions about the shady dealings of the City Manager, Feldman took it upon herself to initiate a City policy to purge or dump all government emails coming in and going out of City Hall. This appears to be a clear attempt to cover tracks or evade detection on possible corruption, kickbacks and pay for play favors taking place in Malibu. Wagner openly refused to comply with a policy that not only does not serve public interest and transparency, but is a violation of California’s Uniform Government Records Retention Statute, that requires a minimum of two years’ retention. Wagner was not alone with his objection or refusal to abide by a policy that was not consistent with State Law. Another council member refused. Wagner says: “I handed her back the form and told her, I’m not signing this.” After Wagner’s refusal to sign the ‘Purge’ policy, Feldman arbitrarily took it upon herself to access Wagner’s email account using her administrative access to the city’s computer systems and delete an elected official’s emails without their approval. On May 29, 2018 Feldman, a city employee who just had her contract renewed for another three years with a substantial pay increase, appears to believe she is above the law and has no problem usurping and undermining Malibu City’s elected representatives. The new contract renewal in effect binds the hands of future council members not yet elected from removing her from her position. There is no question in Wagner’s mind that the other city council members are in cahoots with Feldman and they might have a vested interest in keeping her in office after their terms have expired. Feldman’s salary as city manager will top the Mayor of Los Angeles. On the morning May 31st at approximately 7.30 a.m., Wagner and Candace Brown were awoken by pounding on the door. Wagner was alarmed by the pounding and ran to the door naked. Voices outside the door identified themselves as police and ordered him to open the door. Immediately upon opening the door a gun was pointed directly at his head.
The Local received a message from a neighbor shhortly after the D.A. arrived at Wagner’s Latigo Canyon residence. There were at least a dozen officers at the door all decked out in SWAT gear, some with what Wagner referred to as “Long Guns” - meaning Assault Rifles. Officers attempted to take Wagner outside in front of his neighbors while he was naked. The officers didn’t care and, according to Brown, told Wagner to hold a t-shirt over his genitals. Wagner refused and called out to Brown to grab a pair of jeans for him. Wagner was then taken outside and sat down on the ground after being handcuffed behind his back. Candace Brown, wearing only a light robe, was ordered outside along with Wagner and sat on the ground as officers went through their home. Wagner and Brown repeatedly asked the agents who entered the residence to produce the warrant, but the officers refused. In fact, at no time prior to or during the five hours the police were in the home or conducting interviews with Wagner and Brown were they ever provided a copy of the warrant or read their Miranda Rights when being questioned by police. Failure to advise Wagner and Brown of their rights to remain silent against self incrimination and the right to have an attorney present before answering any questions is a basic 101 of police procedures. This failure by investigators could become legally problematic for the District Attorney if charges are to be filed. Both Wagner and Brown sat outside barefoot and cold for over an hour while officers “tossed the house,” which is a term used by police and it is descriptive of their absolute disregard and care for the property being searched. It’s meant to send a clear message... big brother intimidation and Gestapo tactics. Wagner and Brown were set out on display for the whole neighborhood to see, half naked, no shirt, no shoes, handcuffed and denied the right to use bathroom or call an attorney. Once brought inside the residence, Wagner and Brown were separated. Officers denied repeated requests for Brown to use the bathroom and then when she refused to be quiet, a female agent insisted she could use the bathroom on the main floor... in plain view of the male officers. Coming from a law enforcement background myself, this behavior is intended to humiliate the subject and show them who is in charge. When Brown demanded an ounce of decency an officer took Brown up stairs, but before allowing her into the bathroom she was groped by a female officer who then watched Brown urinate with the door open.
The Local was first on the scene of the raid May 31 after being tipped off by a neighbor who saw the numerous unmarked vehicles and officers at the scene. We talked to investigators and documented the extensive search of Wagner’s home and property in Latigo Canyon. Our release of footage on social media triggered other news stations to pick up the story.
CITY
As Brown described it, the officer groped her breasts and other areas roughly. This is beyond what police term as a ‘terry frisk’ for weapons which should have taken place already at the time they were taken into custody. What Brown was subjected to was a sexual assault. Brown said: “The female agent then stood at the door watching me as I tried to urinate.” Brown described the female officer as rude and uncaring and said it was difficult to urinate as she felt humiliated and embarrassed. Once Brown returned to the main room she managed to get ahold of an IPad or tablet and send me a series of messages in desperation, not knowing who could help or who she could trust. Brown 1: “Many, many DOJ cops here-got us out of bed at 7.30. Not supposed to be communicating Help” Brown “Jay handcuffed for at least 1 hr. Both us outside, bare feet, sitting on concrete. Cold. 1 hr. Me in light robe. Tossed whole house. Feel so violated. Here still. Pee with door open. Searching Ava at civic center Searching store Maybe you go see Zuma Jay’s now. Get info. Help” This was not a drug raid, a violent fugitive warrant service, or a high risk warrant service. This was an outrageous violation of decency. As a former cop, I would question the tactics used here as extremely excessive: an abusive show of force. After five frustrating hours, the officers concluded their ransacking of the home and allowed Wagner to leave without arrest. The warrant which Wagner was finally able to see, was so vague and did not include any information to support probable cause to get the warrant. Agents entering Zuma Jay’s Surf Shop were observed on video surveillance searching his store and were heard quite clearly disparaging Wagner, a former sheriff’s deputy and reserve officer. In statements to the press, Malibu Assistant City Manager Lisa Soghor, speaking on behalf of the city claimed: “This has nothing to do with the City.” No reference to the D.A. raid or support for Wagner was made publicly by any other council members or mayor Rick Mullen. The tactics used by the District Attorney’s office have been very heavy-handed and excessive show of force or color of authority for what appears to be - at least from their standpoint - a paper violation. This ‘paper violation’ has now led them to get a probable cause for a felony - that is fairly vague on its face - and causes one to question how the judge would sign such a warrant without evidence to support the probable cause statement. The charge is Felony Perjury for making a false statement on an application for city office. This whole exercise was to try and prove that Wagner lived outside the Malibu city limits and was therefore ineligible to run for city office. Wagner also reported that officers showed him what appeared to be voting records and asked Wagner to identify his signature. All questioning was conducted without Wagner and Brown being advised of their rights or being allowed to have their attorney present before any questioning. The following morning four ATF agents appeared at Wagner’s Chimney Road residence based upon a referral from the D.A.’s office to inspect for possible firearms violations. They left the premises within minutes after telling Wagner they were sorry, but they had to come out because of the D.A.’s referral. Wagner is well known to the ATF because of his work with the military and film industries (consulting on weapons and explosives), something apparently the officers who made the referral were not aware of. Laura Rosenthal’s publically-made claim that “the city has nothing to do with this” and that she is “shocked” is very self-serving and suspect since Wagner has openly voiced his concern about activities within the city’s administration. One of the issues that we have been looking into is a land transfer between Laura Rosenthal and a developer with matters before the city council that had a capital gains for her of $820,000 in just eight months. This action by the District Attorney’s office very well may be the trigger for the investigations we have been seeking with the Secretary of State, the IRS, and the FBI’s Police Corruption Unit.
Left: NBC used The Local’s footage of the raid including mentioning our claims that the incidents are linked to political harassment. Above: KNX tweeting a statement from Wagner’s domestic partner, Candace Brown, corraborating our reporting of the treatment they received during the 5 hours officer’s were on site at the Latigo Canyon property.
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CITY
EXPOSED:
City policy is not to review projects CONTROLLED BY DEVELOPERS
BY PLANNING COMMISSIONER STEVE UHRING
After receiving a number of calls complaining about the traffic impacts from the construction projects on PCH, so I thought I would take a closer look. The crosswalk being put in east of the pier and the new Cross Creek and Webb Way construction projects are designed and paid for by commercial property owners. These commercial property owners, on their own, went to Caltrans to obtain a construction permit. What was the City’s role in this process? The safety of Malibu Residents should be job #1, so I asked to see the written review Malibu City Staff prepared for each of these PCH construction projects. I was looking for suggestions of mitigation measures that reduced construction impacts and that insured that there were no safety concerns. After some back and forth I was shocked to discover that there was absolutely no written evidence that the city had completed any review. I pushed further and was even more surprised to have our City Manager tell me that City Staff did not review these project plans because the City’s Policy is to not review PCH construction projects controlled by developers. Let me repeat that. The PCH construction projects you’re sitting in every day were not reviewed by our Public Safety Commission, our Public Works Commission, our Public Works Department, by the Planning Commission or the City Council. Nobody looked, because Malibu’s Policy is ….not to look. If the city staff had done a final review, would it have made a difference? Possibly. Let’s start with the crosswalk. For a crosswalk to be approved by Caltrans the applicant needs to provide evidence that there are at least 20 people per hour jaywalking within 300 feet of the proposed crosswalk location. The PCH Crosswalk study submitted to Caltrans identified only 9 jaywalkers per hour. Despite failing to meet the 20 Jaywalkers per hour threshold, and absent city comments, CalTrans erroneously approved the crosswalk. Malibu’s PCH safety study concluded that crosswalks can serve to make PCH safer, protecting pedestrians. But nowhere in the PCH Safety study and nowhere in city files, does it suggest that a crosswalk at this location is a meaningful solution to improving PCH safety. A review by City staff may have positioned the crosswalk in a location that provided the greatest safety benefits. A review of Cross Creek and Webb Way might have resulted in a requirement for on-sight traffic managers to deal with traffic tie ups at intersections and more scheduling of work at night. City staff might have recommended better timing of the temporary stoplights or limiting construction on PCH to three projects instead of five. A review could have insured that all of these items were in place before we began construction, significantly reducing the traffic jams, missed meetings and construction fatigue we are all feeling. Now to be fair to the City management, they explained how difficult it is to get this job done. These were not city projects, outside agencies may not listen to us and there are a lot of other things going on in the city. I was touched by this argument until I realized that the Public Works Director and his Assistant are making over $400,000 per year and our City Manager and her assistant are paid over $500,000 per year. That is close to a Million dollars in salary and benefits. For that kind of money, I believe we deserve a better answer than, “we cannot get the job done”. So if you are happy spending every day sitting in traffic, singing along to the songs on your car’s radio, you should ignore everything I just said. If like me you think you deserve better, I suggest you call, email or visit your city representatives. Tell them that you want them to review and comment on all PCH projects that impact Malibu Residents. In short, tell them to do their jobs.
LETTER TO THE EDITOR:
Planning Commissioner Uhring Seeks – And Finds – Answers RE: The Malibu Beach Inn Crosswalk Controversy What began as possible one of the worst traffic gridlock conditions on PCH this town has ever seen during Spring Break, has turned into a controversy uncovering the questionable ethics practiced at City Hall, supporting the rumors of back door deals and preferential treatment to special interests. Residents flooded my inbox with inquiries as to what was causing the gridlock in the morning hours of March 8th and as I immediately inquired with CalTrans as to who approved and was responsible for these projects. What we then learned this particular project was one of five total, most of them run by private developers, and all schedules were approved by Malibu City Manager Reva Feldman. Yet none – that’s right NONE – passed through the proper vetting and/or Malibu City protocol not to mention completely circumventing the residents right to due process. Upon further examination by Planning Commissioner Steve Uhring, he discovered even more jaw dropping, if not all out negligence by the City prompting him to address the Planning Commission in April and now issue this letter to inform to the Community: Dear Cece, I was intrigued at how quickly the new crosswalk being built just east of the Malibu Pier got approved, so I asked the City to explain its involvement in this project. In response, City Management told me: The City does not have a policy to review these PCH projects, so the City had no involvement. This is a California Coastal Commission project and there was nothing the City could do. The project was controlled by Caltrans, so it was out of the City’s hands.. After a few phone calls it became clear the above answers were not accurate and in fact the City was an integral party to getting this crosswalk approved. A call with the Coastal Commission confirmed the Commission’s policy to coordinate with the City of Malibu on Commission’s enforcement actions, to insure the proposed action is mutually agreeable. The Coastal Commission gave Malibu the option of not agreeing with the crosswalk or delaying approval until the project had been vetted through the standard Malibu approval processes. Instead City leadership stepped aside, and approved the crosswalk.
Why? Why would the city provide this crosswalk preferential treatment, subverting the required Malibu review and approval processes? I’ve asked, but people in City Hall no longer talk to me. A phone call with Caltrans tells a similar story. An engineering report submitted to Caltrans suggested that a yet to be approved offsite parking plan was a fait accompli and used an unproven analysis of valet traffic to justify the crosswalk. According to the Caltrans Transportation Office Chief the city was consulted on the crosswalk and knew about the bogus engineering report. City leadership ignored the facts and gave the project its blessing. A December 18th Planning Commission Staff report warned that constructing the crosswalk without the City’s review and oversight would allow the project to avoid the need to get a required city variance. And that is exactly what happened. Everyone I have discussed this with asks the same question …Why? Why would the city provide this crosswalk preferential treatment, subverting the required Malibu review and approval processes? I’ve asked, but people in City Hall no longer talk to me. So if you manage to get an answer, please let me know. Steve Uhring
MALIBU HOME STORE
25001 Pacific Coast Highway I Malibu, CA. 90265 I 310.317.9922
CITY
RESIDENTS OUTRAGED: COMMUNITY MEMBERS DEMAND ACTION AT CITY COUNCIL MEETING IN SEEKING ANSWERS TO BY CECE WOODS
THE D.A.’S FELONY PERJURY INVESTIGATION AGAINST MAYOR PRO-TEM WAGNER
Members of the community expressed outrage and deep concern at the June 11th City Council meeting over the allegations and tactics in association with the Los Angeles District Attorney’s felony perjury investigation against mayor pro-tem Jefferson “Zuma Jay” Wagner. The investigation, which began months ago, resulted in the May 31st raid on three properties, simultaneously, with 18-24 officers responding, many in tactical gear carrying assault rifles. The May 31st raid was the second attempt by the D.A. at investigating Wagner. The first visit to Wagner’s Latigo Canyon property on April 16th was, according to the D.A., based on an “anonymous tip” of a shed violation and illegal business run out of Wagner’s home. This type of “paper violation”, typically investigated by L.A. County Building and Safety, curiously ended up on the desk of the District Attorney. According to the D.A. who spoke with Wagner on April, 19th, the investigation was “closed with no further follow up”. On May 31st, two days after being the only dissenting vote on City Manager Reva Feldman’s contract, The Local received a message on social media from a Latigo Canyon neighbor informing us of the presence of 6-8 unmarked units and officers from the D.A.’s office. The Local was first on scene, documenting the raid, speaking with officers and Wagner who was very clear in speaking out to the media after the 5 hour raid : “This is a waste of City resources”. Wagner and his domestic partner Candace Brown gave The Local (and other news sources) a first hand account of their treatment, which we reported in detail, verbatum, and released immediately thereafter. The response from residents was very clear, appalled by the reports of how Wagner and Brown were treated, and in support of Wagner, a beloved member of the community and Malibu icon, demading answers - and action - from City Council. Wagner’s speech was clearly coached by his attorney, Gary Smith, who along with others, addressed council during Public Comment (minutes included next to speaker names): “Jefferson is deeply appreciative of the outpouring of support of all kinds from the community where he has been an iconic figure for decades. Jefferson would prefer to tell you these things himself but as I am sure you can understand he has reluctantly to agree to follow my advice and refrain any comments during an on going investigation .Until the matter concludes I don’t think we are going to have any further comments...” - Gary Smith, Attorney for Jefferson Wagner 20:07 “I am asking you all to please send a letter to the District Attorneys office reciting what happened to a resident of our community asking her to investigate the ...of the whole thing and you might also want to include a reference to the two articles in The Local newspaper reciting how it went on and showing the photos of the police officers all over the place. I understand they even had a... squad prepared for an attack.” - Malibu’s First Mayor, Walt Keller 26:17 “I have worked with Jefferson on many different commitees. I am here to tell you that the city of Malibu needs a history of the people who worked to keep the city as it is, and we want you to run the city so those of us who volunteered all of our spare time could rest assured that the city was in good hands. This treatment of Jefferson or anybody else is so appalling to those of us who gave our time for the city. It is really awful.” -Harriet Poland 47:51 “I believe firmly in the positive and constructive role that governmental leaders and governmental institutions can play in advancing society. However, what I see in the political climate, and in the current political environment is an insidious degree of corruption within and public cynicism towards government at all levels and it saddens me. I am particularly concerned about recent events here in Malibu that’s been reported in The Local newspaper regarding the appearance of intimidation and potential corruption with respect to city council member and mayor pro-tem Jefferson Wagner. If such accusations prove to be true, we run the risk of the residents of Malibu to fall prey to the suspicions of its leaders and government institutions. It is extremely important that this city council uses all of its power to get to the bottom of this. I ask you, who is absolutely indignant at such suggestions? Show of hands? You should ALL BE OUTRAGED! I don’t see one hand raised! There is one... Let the record note that Jefferson Wagner raised his hand...This IS OUTRAGEOUS!! And I would like to ask this council to support a thorough investigation into these allegations. I have a second request, has there been a reputation of reported incidents? Has any entity, legal law enforcement or others stepped forward to dispute the events that have been reported? I call this City council to convey in the strongest possible way the importance of looking into this issue and report back to its citizens as soon as possible. This issue is vitally important to your credibility.”-Lance Simmons 21:50
I ask you, who is absolutely indignant at such suggestions? Show of hands?... Let the record show that Jefferson wagner raised his hand... - Lance simmons “...As a former federal prosecutor I found the Gestapo-like tactics of the people who raided him and his lady to be a gross over reach. So...If you want to do anything I have a few questions for you. Who were the complainants who caused the search warrants to be issued? Question two; does it have anything do with the search warrants being issued on the same day as Zuma Jay was the sole city council men dissenting the 3 year extension of the contract of city manager Reva Feldman at a salary higher than the mayor of the City of Los Angeles, Eric Garcetti? Did it have anything to do with the fact that Zuma Jay was a a strong and vocal critic of the efforts by Joe Edmiston to place a public park on a private road in the Sycamore Park area in the City of Malibu without done without any approval from the City of Malibu?Did it have anything to do with the fact that Zuma Jay was a critic of the 82 acre Bluffs Park land swap deal with Joe Edmiston to trade 532 acre Charmlee Wilderness for the 82 Bluffs Park ?? And did it have anything to do with Reva Feldman who worked for Joe Edmiston for many years before she came to work with the City of Malibu?”-Ted Vail 32:39 “It is not right anywhere, especially in Malibu, or South Central LA, Harlem, wherever, to roust people and roust there homes and an overkill with cops. There was no way that anybody needed 6-8 sheriffs or police...especially in a non violent situation. The City should protest... this type of police action is not welcome anytime, any where.”-John Mazza 34:30 “I just wanted to come say a few words for someone that has been a very upstanding person in this community. We are every upset about how this all went down when it was so public, So PUBLIC that Jefferson purchased a condominium within the City Limits so he could serve again for our City. I think he is the most informed people on the city council in the way that he works at his surf shop and sees all the biggest problems. It is such a waste of tax dollars, City dollars, and LA County dollars.This is NOT the Malibu that I grew up in. - Annie Ellis
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THE QUARTERLY ELLIMAN REPORT ON MALIBU/ MALIBU BEACH SALES has drawn to a close. This report is recognized as the industry standard for providing the state of the residential real estate market. The report (left), offers a glimpse at the current market trends and provides a historical context to current information and analysis of the results. The following is my thoughts on the reports findings and how you may be affected. MALIBU In Malibu what we see is a relatively stable market where the median sales price for Malibu Single Family homes has been steadily increasing at a gradual rate over the past 10 years. Year over year prices per Sq Ft have risen by .6% while closed sales have increased by 36.1% all while total inventory has decreased by almost 10%. This combined with and average marketing time of 21 days tells us that sellers should expect a shorter marketing time with less negotiability. This means that property is likely to sell at or slightly above the asking price. It’s a solid time to sell but do not expect buyers to compete driving up the asking price. Condos, though following a similar trajectory on increasing price, are more likely to pocket the seller a greater profit. We know this because even though inventory has increased by 57.1%, sales have skyrocketed increasing by 350%. This shows that demand dramatically outstrips supply giving more power to the seller than the buyer and thus driving up prices. This would be a profitable time to sell but the buyer is in a weakened position. MALIBU BEACH In Malibu Beach we see a different story. There’s been a steady increase in the median sales of homes for Single Family Homes as revealed by the Q1 average Sales price which was $10.5million while the Median sales Price stayed stable at $4.7million. This tells us that some large sales were made and thus drove up the average sales even though supply has remained unchanged. Thus, the increase in Average Price per Sq Ft has artificially raised and does not necessarily translate to average sales in the area. For Condos there have been limited sales while price trends have steadily increased. This tells us that though there has been an increase in inventory there has been little movement on the buyers side. This may lead to a situation in the not to distant future where supply outstrips demand giving the buyer the upper hand.
James Weekley.310.401.0901 james@jamesweekley.com jamesweekley.com BRE#01996821
CITY
AROUND THE WORLD WITH SKYLAR PEAK
BY CECE WOODS
It was apparent that it didn’t go so swimmingly (pun intended) for Council members at the June 11th City Council meeting. Council members, including Mayor Rick Mullen, received serious blowback from residents clearly unhappy with the lack of support mayor pro-tem Jefferson Wagner received from the City, and outraged by the treatment Wagner and his domestic partner received during the District Attorney’s raid on his properties on May 31st. Malibu locals, including Malibu’s first mayor Walt Keller, stood at the podium demanding answers - and action re: the D.A.’s inquiries into perjury allegations and questioning Mayor ProTem Wagner’s primary residence. However, curiously, one council member, Skylar Peak, seemed to be all smiles and giggles in the face of his constituents -
“Skylar actually stated several times by phone to the Council how his family home in Montecito was threatened by the Ventura fire, and later was quoted in a newspaper how another of his homes, in Hawaii, was threatened by incoming missiles. There was no mention of his mail drop in Malibu that allows him to occasionally serve on Council to dubious effect. “- Sam Hall Kaplan, January 27, 2018, REporting for KBUU Peak, a world class traveler, enjoys three residences, Malibu, Montecito and Kauai, often flying in for a few days to attend the City Council meeting, only to fly right back out to any number of destinations (many and most surf related). On occasion, he might even do us a solid and skype if his travel plans won’t allow him to grace us with his presence. Clearly, his compliance hasn’t been questioned ... yet? But maybe the D.A. is in the midst of planning summertime cross-county/cross-continental raids to Peak’s many tropical locales? Can California taxpayers really afford that? Ladies and gentleman, pack your swimsuits (in Peak’s sake, speedos) we’re taking you on a magic carpet ride, “Around the World with Skylar Peak”.