Edited at 6/24/2019 at 10 a.m. PST
While burn-out victims are tangled in red tape going through the permit process at City Hall, who has issued little more than 5 permits to date to Woolsey Fire victims. It seems City staff doesn’t seem to be struggling with facilitating the needs of developers even though the outside firm hired to process plans for fire victims is three months behind according to residents involved.
Developer Steve Soboroff was allowed to occupy, and open, Whole Foods in the Park without meeting the conditions of the Coastal Development Permit, violating the community’s right to review and appeal the Temporary Use Permit Soboroff’s Project applied for. The TUP was for their grand opening event, none of which should have been allowed to take place according to Malibu Municipal Code.
But you know, it’s all in who you know at City Hall.
The “back door” seems to be open for developers, but if you’re a Woolsey Fire victim, get to the back of the line.
Thankfully one appointed City official is speaking out.
On June 17th, Planning Commissioner Steve Uhring sent shock waves through City Hall when he went on record at the Planning Commission meeting to call out the blatant “textbook definition of corruption” and favoritism displayed by City staff and assistant City Attorney Trevor Rusin for the intentional mishandling of the permit.
Request for TUP permit was filed by the Whole Foods in the Park Project, and on June 6th, City staff approved the TUP, completely ignoring the Malibu City Municipal code requirement that the permit be issued 24 days before the event to allow for notice and appeals.
Developer Steve Soboroff was also given a certificate of occupancy without completing the conditions required by his conditional development permit.
Uhring, using his right as a (longtime) resident, appealed the permit at 8:45 a.m. on the 7th, the morning after the permit was issued. It was illegally denied that same day by Assistant City Attorney Rusin who called Uhring at 4:35 p.m.
Uhring received the “reasons” for denial from assistant City Attorney Rusin in writing, the subsequent Friday – after the event.
Uhring’s speech at the Planning Commission meeting blasted City staff and the city attorney’s actions with Rusin responding by cautioning Uhring, on record, not to divulge the contents of the email Rusin sent to Uhring (with the reasons for the rejection of his appeal) citing “attorney-client privilege”.
Uhring answered:
“You are not my attorney, and I am not your client. If you were, I would have fired you for sending me this”.
Uhring went though the email sent to him by the assistant City Attorney Rusin detailing (in black) each bogus “reason” for the rejection of the illegally denied appeal :
Uhring continued with his speech:
“City staff wanted to do a favor for a developer so they ignored Malibu Municipal Code and issued a temporary use permit 2 days before the event, when it’s supposed to be 24 (days).
Then they (City staff), went to the Assistant City Attorney and had him concoct a series of lies to try and either cover it up or justify it.
“That, in my opinion, is the textbook definition of corruption”.
Uhring continues “You (City staff) ignored the rules, and then had your City Attorney lie about it, now they gave a developer a gift, at the same time screwed over residents.
They took away our right to receive proper noticing for the permit, the residents right to appeal the permit. They took away our right to receive honest answers from individuals in this building, who are supposed to representing us (the community) – and it’s not the first time.
So why do we have people in this building including the City attorney who lie to us? Because no one is holding them accountable.
If we don’t make an effort to to change that, the lies and corruption will continue.”
In 2015, the Whole Foods in the Park Project was the first development project the community was able to vote on after slow growth and preservation activists were successful in passing Measure R, designed to limit chain stores and over-development in Malibu.
The biggest issues for the community with this particular project was the bogus traffic study performed by the City, with intent of covering the true impact of the project on the Civic Center area. The City’s Environmental Impact Report stated that “traffic hadn’t increased in 25 years” and “ the area wouldn’t be further impacted by the project” which is located directly in front of a residential community with small, single lane streets and inadequate parking.
After reviewing all the pros and cons regarding this project, and the benefits to this community, voters decided 60-40 against the Whole Foods in the Park project.
Developer Steve Soboroff (and LAPD Police Comissioner) went to court and successfully lobbied, winning his right in a court system filled with his cronies, against the will of the voters who went to ballot.
Soboroff successfully overturned Measure R with the judge ruling it was “unconstitutional” and that Measure R gave more power to residents over developers.
Slow growth and preservation activists went back to the drawing board again, tried to establish a Retail Formula Ordinance based on the same ordinances passed in other rural coastal communities such as Carmel, that have been successfully remained in effect.
On February 26, 2018, the City Council adopted Ordinance No. 431 to regulate formula retail establishments citywide. The second reading of the Ordinance occurred on March 12, 2018. The Ordinance, a weaker version of Measure R, went into effect on June 1, 2018. “The ordinance only applies to shopping centers more than 10,000 square feet. New tenants will need a Planning Clearance” per the City of Malibu website.
With the Whole Foods in the Park Project moving forward, there were a number of conditions put in place by the Malibu City Planning Commission needed in order to open the complex according to the Coastal Developmemt Permit. The “open space” requirement, an important part of the conditions that need to be met in order to open the complex to the public, have not been satisfied to date. In fact, Soboroff got away with 15% of the 40% required. That would be thanks to former Council members Laura Rosenthal, Lou LaMonte, Joan House and John Sibert, further urbanizing our rural coastal environment, and ignoring the Malibu Mission Statement.
The City has not provided the Planning Commission with any evidence the Whole Foods in the Park Project has met any of the conditions of the Coastal Development Permit and allowed them to open anyway.
Many compromises and concessions have been made in the Whole Foods in the Park Project while Woolsey burn-out victims fight tooth and nail to obtain permits to rebuild, renovate and/or occupy burnt-out structures.
Last week’s issue of The Malibu Times did not cover Uhring’s speech and the uncovering of blatant corruption by City Staff and the city attorney. Instead, they are supporting the city’s corrupt behavior in favor of securing the legal notices contract set to be transferred back to the The Malibu Times at recommendation of the City Manager at Monday night’s City Council meeting.
In fact, the City plans to spend more money to transfer the legal notices contract back to The Malibu Times, who continues to push the city’s agenda and bidding.
The City is also attempting to favor their relationship with publisher Arnold York and The Malibu Times as they not only attempt to hand him the legal notices contract costing taxpayers more money, they continue to ignore an interest free loan (now a lien) against York’s property that continues to go unpaid.
City manager Reva Feldman has gone on record to discuss the City’s losses after the Woolsey Fire complained yet the City has made no efforts to collect on this outstanding loan.
Planning commissioner Uhring inquired bout the loan with City Manager Feldman and got no direct response back (per usual and notice Feldman cc’d only Council member Peak and not the mayor or other council members. This is an important detail in the next article on corruption we will be uploading.)
Additionally, the City gives York and The Malibu Times free space at city hall in order to run a “business roundtable” that he translates into content for his paper and advertising revenue, which city staff attends on taxpayer dime instead of attending to crucial city business post fire business.
While residents enjoy the new grocery store in town, you must remember this project comes at the cost of this community’s right to due process and further supports the corrupt dealings at City Hall.
If you can sleep at night knowing that, then enjoy the fresh fish section and $8 asparagus water.
Watch Commissioner Uhring’s entire speech here:
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