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Council Candidate Differences Emerge But Remain Shallow
• Two Forums Are Virtual Carbon Copies of Similar Policy Stances Devoid of Challenge

BY BILL KOENEKER

At last Wednesday night’s Malibu City Council candidates forum, sponsored by the Point Dume Community Association, and at the Saturday forum put on by the Malibu Township Council one of the council hopefuls summed up one of the challenges facing the five candidates vying for three seats in the April 8 election.
“Some say it is hard to tell us apart. Do you know the difference? Three of us are blonde with long hair, and we are wearing black suits. How can you tell one from the other? I am not sure we did a good job of that,” said public relations company owner Susan Tellem.
However, there were moments during these latest forums when differences between Tellem, incumbent Pamela Conley Ulich, school board member Kathy Wisnicki, planning commissioner John Sibert and self-described surfer and retailer Jefferson Wagner began to emerge.
The candidates at both forums were asked the same question then given one or two minutes to respond. Candidates were told the first five questions had been forwarded by the MTC board and other queries were submitted by the audience. There were no more than a dozen attendees at the MTC forum which was filmed for later broadcast.
     VIEW PROTECTION
The candidates were told that one of the most asked questions submitted by the audience of 40 to 60 voters at Point Dume—the questions were chosen randomly—was whether they would be a strong advocate for homeowner view protection. That was the number one question also asked at the MTC forum. Wisnicki speaking at Point Dume said the query was “a loaded question,” and indicated since the issue is on the ballot as an advisory measure, she wanted to hear from the community.
At the MTC forum, Wisnicki said she had lived on Point Dume and understood the question, but at the same time wanted to talk to folks “on both sides of the issue.”
Tellem responded that view protection is a big issue, and she said the city definitely needs an ordinance. At the MTC forum, Tellem said she understood how Malibuites bought homes for their spectacular views. “It is important to have a view ordinance. A number of cities have enacted ordinances,” she added.
At the Point Dume forum, Sibert said he has dealt with the issue often and said the matter needs to be dealt with during the application process when a new house is sited, noting that the law does not allow that. “I support view protection. We need to consider views. The city makes it a civil [procedure] or [we could] make it a city law and the city do enforcement,” he added.
Wagner said he would support “any kind of view protection,” and added that he wants the city to consider reflection shed issues for solar panels. At the MTC forum, he added that each homeowners association has different issues and that would be important to take into account.
“Not only do I support it, we enacted one for the Malibu Country Estates,” said Conley Ulich at Point Dume. “They came to the city and asked if we could implement it.” The council member said view protection legislation should also be considered a safety measure since it has the effect of removing large trees that become fuel for wildfires.
The ballot measure on  view protection, according to the incumbent, proved that the city council is listening. “There are pros and cons,” Conley Ulich said at the MTC event.
OVERNIGHT CAMPING
Candidates were asked how they would vote on the volatile issue of banning overnight camping in the Santa Monica Mountains.
Wisnicki, at Point Dume, said candidates cannot comment on how they would vote. “It is in the hands of the Coastal Commission. I believe the city made the right decision. We have to assert ourselves with the same passion as opposition to LNG,” she said. Later, at the MTC event, Wisnicki said, “This seems to be the hot topic. Overnight camping is permitted in the LCP. That is what Susan Tellem argued for. She must not have understood that,” she said.
Tellem, who noted at Point Dume she had led the charge to the city council chambers urging they consider the ban, said one of her colleagues voted to pass approval of camping on to the council and another candidate had been silent on the issue. “I fought the fire. I did not hear anything about the fire from Kathy. The Corral Fire made a big difference,” she added. At the MTC forum, Tellem said this was her issue since she lead the charge. Tellem said it took 69 people voicing their opposition before the council changed their position. “Pam was the resistance on the council. We still have to fight the Coastal Commission,” she added.
Sibert said the Local Coastal Program, “which was supported by one up here,” mandated camping. Defending his vote on the planning commission, Sibert indicated panelists said no to camping without a needs assessment and nothing but cold camping would be allowed. “We did not approve camping. I would not support camping,” he said.
Sibert agreed that efforts opposing it at the Coastal Commission level would have to be the same as the opposition to LNG. “I don’t think the Coastal Commission will care if there are not enough patrols,” he added.
Wagner, at the Point Dume forum, blamed the executive director of the Santa Monica Mountains Conservancy for the problem. “Joe Edmiston. He seems to be a ruthless ogre. He obtains his funding to acquire property by increasing visitor counts. He has his realm. We have our realm. I opposed it from the very beginning,” he said. Wagner, at the MTC event, said he has ex­perience with fire safety in the mountains and knows what it takes from first hand experience given his work with pyrotechnics in the film industry.
Conley Ulich said she had voted against overnight camping. She indicated she had met with Edmiston about a library issue. She said, “He told me, if I did not change my vote, he would not support the library [issue]. This is not just about all of us, it is about the environment. We cannot let this go forward.” At the MTC meeting, she said, “This issue has brought the community together. I have always opposed overnight [camping]. It is imperative when the Santa Anas blow there are restrictions. We can’t keep people away. Everybody has a right to be here and I want to protect all of you.”
CURRENT COUNCIL
The candidates, at the Point Dume meeting, were then asked what they thought of the current council membership. At the MTC forum, the council hopefuls were asked if they thought the council had been polite and respectful of the public.
Sibert said the council has done “some things pretty well.” He added that except for Conley Ulich, “They tended to function as a unit for their own agenda. We need to do things differently.” At the MTC meeting, Sibert said the council had been polite “sometimes yes and sometimes no. As a plan­ning commissioner, I was always respectful. It is critical. I deplore [it] if the council or commission is rude.”
Tellem responded that, with the exception of Conley Ulich, the council does not listen to the community. “We had to fill the room to get them to vote [no on overnight camping],” she said. At the MTC meeting, Tellem said, “I do not think the city council has been respectful, especially during the meeting on overnight camping, they were not respectful. They need a PR person to speak on their behalf.”
Wagner said the council has failed in a number of ways, including its actions on water quality issues. At the MTC forum, Wagner replied, “I have been to a number of council meetings where I’ve noticed the moans and groans [of the council].”
Conley Ulich said she gives the council a B-plus. “Acquiring the Bluffs Park is huge. Legacy Park is a role model to the world, and we took out a lot of development. We have learned from our mistakes,” she said. At the MTC forum, commenting on council politeness, Conley Ulich laughed and said, “It depends on what day it is. That is a tough question, I can only speak for myself.”
Wisnicki said she sits on an elected body and is reluctant to criticize. “I know what a difficult job it is. Some things they have done well,” she said. At the MTC forum, she said the best part of the meetings for her is the public com­ment. “I can’t speak for the city council, but as a board member I know one of the greatest rights is to speak out. It is critical we do an effective job,” she said.
DISTRICT SECESSION
The council hopefuls were asked their views on a separate school dis­trict.
Sibert reminded the audience that the city council can only voice an opinion on the matter, but said he favors home rule. “But we need to study it. The demographics are changing. We need to take a hard look at it,” he added.
Wagner insisted Malibu needs a separate school district. “Everybody signed the document for exploring a school district. It is a good thing,” he added at the MTC event.
Conley Ulich said she too would support a separate district. “Malibu comes up with the short end of the stick. We see a pattern here. The city council also supported looking at this,” she said. At the MTC meeting, Conley Ulich likened it to when Malibu tried for cityhood. “Everybody told us we could not be a city. There is a will, there should be a way,” she said.
Wisnicki, at Point Dume, said she would try to give a “very quick answer to a very complicated issue.” She said, as a school board member, she is in a precarious position to comment. “We need to look at the feasibility. Can we afford it? Or can we continue to collaborate? We will be able to accomplish this,” she added. At the MTC forum, Wisnicki repeated herself about looking at the economics. “This is now the time to explore it,” she said.
Tellem said she agreed with Conley Ulich. “Malibu is the illegitimate stepchild of the school district. We should be putting tax dollars into our own kids. The money should stay here,” she said.
WATER QUALITY
The five were also asked about water quality issues, especially in light of the lawsuit brought by the Santa Monica Baykeeper and the Natural Resources Defense Council against the City of Malibu and Los Angeles County.
Wagner said the reasons for the lawsuit are long­standing problems that have not been resolved and the city council has not moved fast enough. “We need to address the situation before they become lawsuits,” he said. At the MTC event, he said the lack of movement in enforcement issues brought on the lawsuit.
Conley Ulich said the city has done much, including acquiring Legacy Park for water quality issues, and the stormwater treatment facility is already online. “We are doing a lot like working on Marie Canyon and Paradise Cove,” she added. At the MTC forum, Conley Ulich said the city has come a long way. “They sued us, but they did not serve us. We are accountable for one percent of the runoff. We have made water quality a top priority,” she added.
Wisnicki said the city is dealing with four other agencies, and municipal officials need to work together with the county and collaborate with the other agencies. “The city has made great strides, but needs to work with other agencies,” she said.
Tellem said, “We have done too little too late. The council is sitting on its hands.” At the MTC event, she said the city attorney had said she was taking care of everything. “She was wrong,” Tellem added.
Sibert said the issues have been around for 20 years and just now are experts starting to get the answers. “We still don’t have all the information, especially about upstream,” he noted.
COMMERCIAL DEVELOPMENT
Candidates at Point Dume were asked their views about commercial development in the Civic Center area. At the MTC event, they were asked if the city especially the planning commission, was too willing to approve any project before it.
Wagner said the city should draft a specific plan. The problem, he said, is that developers may begin to sue about what the other developer, who built first, got, if entitlements are not meted out. At the MTC meeting, he said that Conley Ulich was the “one lone dissenting voter for the last four years” on drafting a specific plan. “If I am elected there will be two dissenting votes,” he said.
Conley Ulich said she also supports drafting a specific plan, but the coun­cil instead opted for an ad hoc committee to meet with property owners. “I am tired of developers giving us the crumbs. We need a teen center and senior center,” she stated. At the MTC forum, she said the city council has voted to put off La Paz. “They decided to give the project to this council,” she added.
Wisnicki said the city does not have a Civic Center plan and there are projects in the pipeline. She said maybe more land could be taken out of development and the city needs to take care of traffic and groundwater. At the MTC event, she said there was a specific plan citizens created that was rejected. “They thought it would allow for more development,” she said. Wisnicki said she was misquoted by another candidate when she was talking about traffic generated by the proposed La Paz project. “I said I thought it was a ridiculous report by the traffic expert that traffic was so bad, that La Paz was not going to make it worse. We need to sit down with other entities for best solution for all parties.”
At Point Dume, Tellem said, “Kathy said the traffic can’t get any worse. It is getting worse.” Tellem indicated that there is the potential for one million square feet of development. “If there is a fire, there is a problem, we have only one route in and out of Malibu,” she said. At the MTC event, Tellem back­tracked on the one million feet and later talked about how the specific plan was tabled not rejected because the developers said they would sue. On La Paz, Tellem said it was irresponsible of the planning commission to recommend approval of any plan given what the water district and neighbors had reported.
Sibert said the city had a specific plan that was not approved. “We can’t do another moratorium. That was already done. We need to sit down with the property owners. The fact is there is about a total of 390,000 square feet [of developable space],” he said. At the MTC event, he said it is important to remember that the specific plan cannot be resurrected. On La Paz, Sibert said “It was a train that left the station.” He said the problem is the water agency wants the developer to pay for the entire off-site water tank infrastructure. “They want the La Paz developer to pay for the entire thing,” he added.
SMC vs. SHERIFF
Candidates were asked if they support a college adjunct at the former sheriff’s facility, or would they rather see the sub-station return.
“I am with [Sheriff] Lee Baca on this one and oppose it. There is traffic and lots of problems with the building,” said Tellem. “We have college services at Pepperdine.” At the MTC forum, Tellem talked about how Baca did not even know about the plans. “The big problem is it is in the Civic Center.”
Sibert said it would be great to have Santa Monica College in Malibu because its services are different than Pepperdine’s. At the MTC event, Sibert said he supported it, while at the same time insisting the community needs a sheriff’s station. “I don’t see any­thing wrong with a school,” he added.
Wagner said the former sheriff’s station is an issue itself. “How could Lee Baca find out two weeks ago? The city pays the sheriff,” said Wagner, asking that the city and the agency talk.
“I don’t know where it should go,” said Conley Ulich. “I would support what the voters want. We could start with a trailer for the sub-station.”
Wisnicki said that 64 percent of Malibu students take courses in Santa Monica. “The station is already existing. It would be useful for the community. There could be a substation on campus. The county is willing to negotiate with the college,” she noted.
MORE DEBT
At the MTC forum, the council hopefuls were asked about if the city should issue more bonds and take on more debt for parks and other amenities or if it should be put to a vote of the people.
Conley Ulich said she voted against it though she acknowledged the revenue stream from the lumber yard rents is “becoming a money machine because of profit participation.” She said the extra unanticipated revenue could be leveraged out for parks, but she wants more firm numbers. “I agree we look at this. I would like to slow down. Look at Bear Stearns. I am not afraid to put that to a vote of the people. We have millions of dollars. Let’s let you decide,” she said.
Wagner said he wanted folks to remember the city is talking about indebtedness and needed more of a plan. He said if the city is getting so much for the leases then the community is going to lose some of its retailers. “I would put the future of indebtedness before the voters,” he said.
Sibert echoed what Conley Ulich said. “The rental income even without the profit sharing is more than enough. There is $2 million for $1 million of debt service. We are very set financially. Whether or not we can take on additional debt, I cannot answer that right now. I do not have the numbers. We have more than enough to cover [current] debt. I think we are doing well,” he added.
Wisnicki said the question is actually about certificates of participation and whether municipal officials should put the matter to the voters. She noted any other kind of bonds besides COPs requires approval of the voters “COPs are an efficient way to pay for these. I bring an expertise in the ways we can fund that. I am well qualified to make decisions,” she said.
Tellem said as a business person she looked at the matter very differently. “We cannot count on the economy. The city has lawsuits. Sharon and Andy talked about this. They talked about why this is not going for a vote. Sharon said the voters would never approve it. They don’t want the people to have a vote,” said Tellem,. who said that is why the city chose COPs.
LOSS OF LOCAL BUSINESSES
In a somewhat related question at the MTC forum, the candidates were asked what would they do since the city is now a landlord to reverse the trend of the loss of mom and pop stores.
Wagner said Conley Ulich sat alone on the council for the vote on a retail formula ordinance. “I would stand shoulder to shoulder with Pam for retail formula,” he said, acknowledging that as a retailer he would support it.
Sibert noted the city did require in the leasing agreement for the lumber yard that a certain percentage of tenants be local. “We can look at the retail formula, but we can’t do it in isolation. We need to sit down with the developers and tell them what we need. We need to negotiate, not litigate. Pam has looked at  [retail formula] from the San Francisco ordinance. We are not San Francisco,” he said.
Wisnicki said she has been watching the issue over the last 12 years as businesses were being squeezed out. “Sherman and Jamie Lewis testified in favor of La Paz saying they thought [it would be] creating more commercial space for competition. They were right in some respects,” she said, adding the council created an ad hoc committee to look into the matter. “We can create what we want to see in Malibu. I would be open for retail formula,” she added.
Tellem said it is time for the community to tell the developers what they want. “Kathy is right. Sherman spoke for La Paz, but she was asking people look at me how can you keep me here,” added Tellem, saying nevertheless it is the selling of Malibu. “This is a big issue for me.”
Conley Ulich said she had been working on the issue for the last two years. “Michael Koss said I was looking for solution in search of a problem. I’m like Wayne Gretzky. I want to be in front of the puck. The local merchants give back to us,” she said.

 

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