Court Will Rule on County Bid to Delay Malibu Cityhood

A day after Malibu residents voted overwhelmingly to approve the seaside community’s becoming a city, a state appeals court agreed Wednesday to consider an effort by Los Angeles County officials that could delay cityhood.

The three-judge panel set a hearing for July 18 to determine whether the county Board of Supervisors acted properly in voting to delay Malibu’s possible incorporation date until next March, something a Superior Court judge ruled last month the supervisors had no authority to do.

But the panel left open the possibility of allowing incorporation to go forward by late June or early July, pending written opinions from lawyers for both the county and cityhood supporters.

“We’re not really surprised and we’re not unduly alarmed,” said Jeffrey Kramer, an attorney for cityhood backers. “But we are disappointed that the county continues to pursue its effort so doggedly, especially since there has been such an overwhelming mandate in favor of cityhood.”

The development comes after 84% of Malibu voters Tuesday defied county officials by approving cityhood. In addition, voters also appear to have elected a five-member City Council made up entirely of slow-growth advocates.

Cityhood boosters called the outcome a mandate for preserving the community as a semi-rural enclave, and proof that residents reject the county’s blueprint for widespread development that they had warned threatened Malibu’s future.

“Nothing can stop us from enjoying this,” said Brian Fox, a cityhood supporter. “We still have some battles to win, but this is a new day for Malibu.”

Under a court order to stop stalling and set the election date, the supervisors, anticipating voter approval of cityhood, hoped to delay incorporation in order to start work on a $43-million regional sewer system in Malibu before a new city government could block it.

But Superior Court Judge John Zebrowski ruled that the supervisors had no authority to impose the delay.

Although cityhood approval had been widely expected, the city council results surprised even some pro-cityhood activists. “I’m elated,” Bob Arie said. “We didn’t fight all this time to have a bunch of carpetbaggers come in and take over.”

The outcome greatly increases the likelihood that, once incorporation takes place, the new city will mount an immediate challenge to the county’s efforts to install the sewer.

“I don’t think there’s any question that blocking the sewer is going to be a top priority,” said Carolyn Van Horn, one of the newly elected council members. “We would be betraying the community if we didn’t.”

Van Horn and Walt Keller, the top vote-getter, co-chaired the Malibu Committee for Incorporation, a pro-cityhood group, until resigning to run for office. The other winners, Larry Wan, Mike Caggiano and apparent winner Missy Zeitsoff, are all associated with the Malibu Township Council, another pro-cityhood group.

With a few absentee ballots expected to be counted today, Zeitsoff appeared to have edged out former Municipal Judge John Merrick, who had once opposed cityhood. Of the 30 candidates, Merrick was the only candidate to finish among the top nine vote-getters who was not affiliated with either of the pro-cityhood groups.

In other community elections, the Long Beach mayoral race was so close that Mayor Ernie Kell made a concession speech before late returns gave him a slim victory of less than 700 votes over veteran City Councilman Tom Clark.

Long Beach officials began grappling with how to pay for more police in the wake of voter rejection of a proposed tax to add more police officers. Council members said they will consider cutting services, raising fees and placing the measure back on the ballot in November. Proposition E would have created a property tax levy to pay for 75 additional police officers.

Pomona voters recalled Councilman C. L. (Clay) Bryant by a wide margin, 8,317 to 4,065. Recall supporters accused Bryant of using his office to browbeat city employees and to make scathing personal attacks. The effort began more than a year ago after Bryant voted to fire A.J. Wilson as city administrator. It picked up steam a few months later when Bryant joined with three other council members to dismiss Richard Tefank as police chief.

In Redondo Beach, voters approved by 57.86% a measure asking whether the municipal pier should be rebuilt, with 76.35% saying they want the new pier to contain more recreational and open space than the old one. But 67.21% of the voters said they want the city to steer clear of tax dollars in paying for the reconstruction.

Meanwhile, the fate of a schools tax in Beverly Hills was unsettled Wednesday. The tax had won approval of 66.4% of the voters, just short of the two-thirds needed for passage. But that tally did not include about 100 absentee ballots that could tip the balance and that are to be counted beginning today.

The tax, levied on each parcel of land in the city, would raise about $4.5 million a year for the Beverly Hills Unified School District, which officials say is necessary to avoid layoffs of dozens of teachers and assistants.

Times staff writers Shawn Hubler, Barbara Koh, Roxana Kopetman and Mike Ward contributed to this story.