Rock Revetment Work Now Underway on Broad Beach

• Homeowners Hope Emergency Project Is First Step to Resolution of Concerns

BY BILL KOENEKER

While huge trucks and cranes assisted by workers brought in 33,000 tons of rock to protect the multi-million dollar homes at Broad Beach this week from the encroaching ocean, the Trancas Property Owners Association issued a press release and its officers talked to the media.
The TPOA has obtained emergency permits from various agencies, including the City of Malibu and the California Coastal Commission, to place a rock revetment along approximately 4100 linear feet of Broad Beach on the ocean side of 77 homes. The emergency work should be completed by April 30 of this year.
The entire project is expected to cost $20 million and is described as the largest privately funded beach restoration project in United States history.
The ultimate long-range goal of the homeowners would be a restored dune system and a much wider dry and sandy beach area for public use.
Zan Marquis, acting co-chair of the TPOA’s beach restoration committee, explained how all of the parts came together to try to meld an emergency project into a long-term solution.
The homeowners got a briefing from their geological consultants based on recent studies that sand replenishment would be feasible on Broad Beach without groins. “The rate of sand loss would be about 60,000 cubic yards per year if about 600,000 cubic yards were deposited on the beach. That loss is considered acceptable. We did not know that until November,” Marquis said.
That information was critical to the homeowners and would become the basis for any long-term solution.
“Everybody hates groins, the public, the homeowners and the Coastal Commission,” he said. “What we are proposing is restoration of the dunes and a wide beach, plus agreement about public access along the replenished beach, except for a privacy buffer directly below the dunes.”
The access solution would be what Marquis called a universal public access, so that the confusing areas of lateral public accesses would be reconfigured.
“We told the coastal agency we want to negotiate a universal public access, instead of the checkerboard system we currently have,” he said.
Marquis said the homeowners group talked to CCC staff and executive director Peter Douglas about their proposal and got a preliminary green light.
The TPOA still needs much more detailed information about where the sand would come from, such as by dredging, and document the costs.
This nourishment would be required about every seven years, according to Marquis, who said the homeowners are also willing to form a Geological Hazard Abatement District. “There is widespread homeowner support, which is important since we would have to vote on that,” he added.
Marquis said the long-term solution offers many advantages. “The sand bags were failing and were causing downstream erosion. The sand replenishment would ultimately provide sand for Zuma Beach since its movement is down coast,” he said.
Even though riprap takes the shock of a wave, “no one wants walls of rock, including the homeowners,” said Marquis.
According to Marquis, several months ago, homeowners realized a long-term plan was gelling that was born out of need to take action on an emergency basis, a revetment was feasible, the sand replenishment would work and a solution was at hand. “We could replenish the sand and put it over the rocks,” he said, restoring the sand dunes and creating a wider, dry sand beach.
Marquis said the Coastal Commission would have to approve the permit along with other agencies.
However, questions remain unanswered about whether the temporary revetment will become a permanent one. Marquis said any long-term solution would require a permanent revetment, not the temporary one currently being placed on the beach.
Another question is whether the beach protection measure is located on private or public land.
“To the best of my knowledge, it is all private,” Marquis said.
However, a letter from the California Coastal Commission staff suggests the state agency may think otherwise.
That determination was the basis for the coastal agency becoming involved in issuing the emergency permit.
Marquis said the TPOA agreed to submit to the CCC for an emergency permit because ultimately the matter could end up in front of the coastal panel.
The city initially issued a permit for the emergency work in December, but the Coastal Commission staff indicated that jurisdictional issues were involved.
The CCC staff wrote about the rock revetment saying it had “determined” some, or all of a new rock revetment proposed by TPOA would “clearly be located seaward of the ambulatory mean high tide line,” and within the commission’s jurisdiction.
“Thus, construction of the temporary rock revetment, as proposed, would require an emergency coastal development permit from the California Coastal Commission,” wrote Steve Hudson, district manager for the coastal agency.

City Finally Gets Tenant for Its Vacant Building at PCH and Webb Way

• Local Business Takes 10-Year Lease

BY BILL KOENEKER

The Malibu City Council at its regularly scheduled meeting next week is expected to approve a lease agreement with Super Care Drugs, Inc. for a 10-year lease agreement for a 3000-square-foot space in the building located at 23661 Pacific Coast Highway.
Besides providing expanded quarters for a local business, the arrangement promises a steady rental income stream to the city. The new store is expected to open in about six months, or no later than Aug. 8, according to a staff report.
The fixed minimum lease will initially start at $144,000 per year, and by the tenth year the rent will run at $182,416 per year.
The total square footage of the site is 4848 square feet. The staff report indicates the city is continuing to seek a tenant for the remaining 1848 square feet and the staff will bring back to the council another tenant for a final agreement on the package.
The council is scheduled to meet in closed session to consider an application from Malibu Business and Shipping Center for the additional space.
The building has been vacant for a year as city officials considered who might rent the high-profile structure located on the corner of PCH and Webb Way that was first constructed to house Malibu offices for a bank. The current economic climate in Malibu was another factor in the timetable.
At one time, several hardware stores had presented bids, and the city also was considering renting the building out to several other applicants, including the developers of the Malibu Lumberyard, to use the site for a mini-shopping center.

Lone Council Member Raises Questions about Municipal (Over)Borrowing Practices

• Consideration of Issuing More COPs Now on the Table

BY BILL KOENEKER

Having borrowed money in the form of certificates of participation for Legacy Park, the purchase of the new City Hall, and possibly more for improvements to the new municipal headquarters, the municipality will be required to pay back nearly $62 million over the life of the borrowed funds, the Malibu City Council was told at a special quarterly meeting last week.
The information was revealed when Councilmember Pamela Conley Ulich asked the city’s bond consultants what would be the final cost of all the borrowed money when it was paid off in about 30 years.
In what sounded like the same dialogue now going on in Sacramento and Washington, DC, Conley Ulich, who voted not to explore borrowing any more money, said she was worried about the spending policies of the current city council.
The majority of the members countered that there is a revenue stream to pay back the COPs and that no money to meet the indebtedness will come from the general fund or the taxpayers in the form of increased obligations.
The agenda item before the council was the cost of construction for the new city hall, which is currently estimated at $3.7 million. The total price tag was expected to be presented to the council in March. The city currently has $1.1 million in its designated reserve fund for city hall acquisition.
The Administration and Finance council subcommittee comprised of Mayor Sharon Barovsky and Councilmember John Sibert, suggested that money be rolled over to a facilities deferred maintenance fund, and that the city issue $5 million in COPs even though the current project estimate is $3.7 million. They agreed with the reasoning that if other problems arise during the remodeling, the funds would be available; if not, the balance could be used for a capital improvement, as noted in the staff report.
Conley Ulich persistently question the timing and the need for the extra borrowing that would amount to a total of $6.9 million.
Barovsky and Sibert countered that the time is better now because money is cheaper than it might be in the future.
They tried to assuage Conley Ulich’s concerns by stressing that the council was not going to approve the money this week, but was merely starting the process for issuing the COPs.
A majority of the council argued that the current credit rating the city just received would be beneficial to the process of obtaining more money.
The council was told that if the city used money from its undesignated fund reserve, which will be $7.7 million by the end of June 3, 2010, the fund would drop to $4 million. That is about half of the $8 million the fund should contain, according to city policy.
That amount is dangerously low, according to the consultants, who told the council that it could lose its excellent credit rating if something like that should happen.
Most cities comparable to Malibu have a reserve much higher than that—usually about 100 percent of their total budget—to serve as a rainy day fund, rather than the city’s stated goal of $8 million, which is less than 50 percent of the annual budget.
Conley unsuccessfully questioned why the city could not find out what the city hall renovation costs would be before proceeding with obtaining financing.
Barovsky said the city would pay a lot more for funding in the future than now.
Some council members and the staff also talked about how once the city was moved into its new offices, the old city hall would be subleased.
“I don’t feel comfortable issuing more debt. I think we should try to do more with less. I just won’t approve this,” Conley Ulich said.
The council voted 4-1, with Conley Ulich dissenting, to direct staff to prepare the document for the 2010 COPs.

Labor Exchange Pleads ‘Dire Financial Straits’

• Extra Funding Needed to Replace Executive Director

BY BILL KOENEKER

When the Malibu City Council last week was considering turning over nearly $12,000 in Community Development Block Grant funding to the Malibu Community Day Labor Exchange, they were told the program needed money in the form of immediate emergency funding now in order to stay afloat. The CDBG funds are not available until the start of the next fiscal year.
At a special meeting two days later, the council agreed to dig into its coffers and pay out the requested additional $10,000, but agreed it would reduce its general fund grant program by that amount.
The council also learned the DLE’s current executive director Mona Loo is resigning the post.
“We are in financial straits. Part of it is my fault. I am resigning and we need to find someone to share the responsibility,” she said.
Loo said the Labor Exchange is a small operation. She said there is only one paid employee. All others, including Loo, are volunteers. The program needed the emergency funding to get through the beginning of this new year, according to Loo, who said there is a fundraiser planned in March, but money is needed to help organize the fundraiser.
“I will continue to work as a volunteer, but not as executive director. I will be living in Malibu part-time,” Loo explained.
Mayor Sharon Barovsky acknowledged that the exchange has failed to address the day worker issues in a citywide fashion, and its only apparent success is in the Civic Center area.
“I’ve seen the situation at Point Dume and I’ve seen the situation at Trancas. I don’t want to see the [same] situation in mid-Malibu,” said the mayor, who was referring to the daily congregation of day laborers at locations in the west end of the city.
When the agenda item came up at the special meeting, council members did not address the mayor’s concerns about the limited success or apparent failure of the program at the west end.

Santa Monica College Returns to Malibu after 20-Year Hiatus

• Classes Seen as First Step on Road to a Permanent Facility to Serve District Students

BY SUZANNE GULDIMANN

After more than 20 years, Santa Monica College has announced a pilot program to once again offer credit classes in Malibu. The program, designed to help the college plan a permanent campus in the Malibu Civic Center, is a requirement from a 2004 bond measure, that included funds for a Malibu satellite campus.
The pilot program will offer six general education classes in art, English, geography, photography and psychology. The classes will be held at Webster Elementary School on Tuesdays, Wednesdays and Thursdays, in the late afternoon and evening.
“We’re very pleased to be returning to Malibu with an offering of credit classes,” SMC President Chui L. Tsang stated in a press release. “This pilot program will help us determine the demand for courses and the best way to serve the Malibu community.”
While this is the first time in 20 years that SMC will offer credit classes in Malibu, the campus has provided dual enrollment classes for students at Malibu High School, and a limited number of noncredit courses through Emeritus College, a program for older adults, which have been described as “disappointing” by some seniors.
Longtime residents still talk about SMC’s community class offerings in the 1970s. The previous program included language, art and history and a one-of-a-kind offering called the Malibu Class, which explored the sociological and natural history of the area.
SMC has been working to reinstitute an educational program in Malibu since 2004, when Santa Monica-Malibu voters approved a $135 million bond measure that included $25 million for an instructional facility in the community.
The college is reportedly working with the City of Malibu and the County of Los Angeles to acquire land for the planned instructional center.
Spring semester classes begin Feb. 16. Information about the Malibu course offerings is now available online at: www.smc.edu.

Family Members of Mitrice Richardson Say Many Questions Remain Unanswered after Recent Meeting with Sheriff Baca

• Lost Hills Station Undergoes Change of Command: Connection to the Missing Person Case Is Denied

BY ANNE SOBLE

The mother, aunt and college mentor of Mitrice Richardson, as well as a videographer who has been filming rallies and other events related to the case of the 24-year-old Watts woman who now has been missing for 20 weeks, recently met with Sheriff Lee Baca for an update.
Richardson’s mother, Latice Sutton; her aunt, Lauren Sutton; the psychologist who oversaw her college fieldwork, Ronda Hampton; and Los Angeles filmmaker Charles Croft met in Baca’s office three weeks ago for over an hour. All four said they have been grappling with their ongoing concerns before deciding to make them public.
Mitrice Richardson is the Cal State Fullerton honors graduate who medical experts now think was experiencing a mental breakdown when she began acting bizarrely and said she could not pay a Malibu dinner tab on Sept. 16.
Richardson’s family has been unequivocally critical of the Los Angeles County Sheriff’s Department’s role and holds it responsible for their daughter’s well-being after she was transported to the Lost Hills Sheriff’s Station.
Public criticism has also increased of Lost Hills’ release of the young black woman at 12:30 a.m. on Sept. 17 into the isolated industrial area. Richardson was alone, on foot, inadequately attired for cold weather, and without money or her cell phone, which had been placed in her impounded car, according to deputies, at her request.
Richardson was booked on two misdemeanor counts after being placed under citizen’s arrest the evening of Sept. 16 by personnel at Geoffrey’s restaurant for the one count of not paying her $89.51 dinner check.
Family members have said they were told by Lost Hills that the restaurant’s manager insisted that the woman be taken to Lost Hills for booking.
In addition, Captain Tom Martin of Lost Hills previously told the Malibu Surfside News that restaurant staff also requested that Richardson’s car be towed from their lot.
Richardson’s odd speech and behavior were described by people at the restaurant as “crazy,” but at Lost Hills, LASD personnel said that she was lucid and they had no reason to detain her. The News’ requests to interview those who transported or booked her have all been denied.
The second count was for possession of less than an ounce of marijuana found when deputies searched her vehicle, allegedly with Richardson’s permission, before impounding it,.
The four participants in the Jan. 6 meeting, which was also attended by Martin and other LASD officials, including Steve Whitmore, the spokesperson for the department, brought a detailed list of questions with them, which they say were either answered only in part, or not at all.
UNDISCLOSED TAPES
Of major significance at the meeting, the four learned from what they all described as a “red-faced” Captain Martin that he was not forthright about there not being “any videotapes” of the missing woman at Lost Hills, and his previous assertions that there are only live-feed cameras at Lost Hills were inaccurate.
Martin told Baca that he has tapes “in his desk” of Richardson in the “booking cage” and other video/audio, some of which may be from the restaurant.
Croft said they were told that the tapes could not be made available to them until the tapes have been edited “to protect” other people. He said Martin did not clarify whether this is because of the presence of other inmates (which it is believed there were none at the time), or because of the civilian jailer who processed Richardson. The jailer, Sharon Cummings, declined a request by The News to be interviewed or to provide a photograph.
LOST HILLS CHANGE
It was at this point in the meeting that Baca announced that Captain Tom Martin is being promoted to commander and will be replaced by an aide to Undersheriff Larry Waldie, Lt. Joseph H. Stephen Jr., who is being promoted to captain. LASD spokesperson Whitmore told The News this week that the change is “imminent.”
Stephen will be the first black officer to head the Lost Hills operation. When asked if the change was related in any way to the Mitrice Richardson case, Whitmore said, “This is a rotation of promotions [that has been] in the works for some time.”

UPDATE
Latice Sutton indicated that Sheriff Baca told the family “to face the fact your daughter is not with you,” and added, “She has gone to a better place.” The mother and aunt both said they question the appropriateness of the comments, but Whitmore said the sheriff’s words “were an expression of the sheriff’s compassion for the family.”
All four are adamant that during the meeting, Baca said, “She should never have been released with no means.” Whitmore said his recollections are different from those being expressed, but he said he could not elaborate further because family members have filed a legal claim that is expected to lead to a lawsuit. Whitmore said he can no longer comment specifically on aspects of the case that may be litigated.
The four participants also quote Baca as saying, “When you think about it, it’s the jailer’s fault [Richardson] was let go.” However, Whitmore said that isn’t what he recalls being said.
When asked if the arresting officers are going to be investigated, Baca is quoted by the four as saying “so much time has passed,” and it could be “uncomfortable and embarrassing” for them. The mother is also asking for staff time cards, shift change information and other documentation.
The three women said they perceived the session as marked by “insensitivity,” in that the mother and aunt think department officials were confused about who each of them is. Sutton said it was so obvious that she told them, “I get the impression that you don’t know my name.”
The family members said the meeting with Baca confirmed why it is “so critical to convince U.S. Attorney General Eric Holder to initiate a federal investigation,” which is what the family has demanded from the beginning.
UPCOMING
Because Richardson, a beauty contest finalist, was planning to compete in the upcoming Miss Fullerton Pageant, she is going to be honored at that event on Feb. 6.
The Friends Group of Pasadena plans a conference on March 17, what will be the six-month anniversary of Richardson’s disappearance if she is not found, to discuss nighttime custody release policies. Hampton will be on the panel. A representative of the LASD may take part.
For more information, see Latice Sutton’s website at www.findmitrice.info, the father Michael Richardson’s site at www.bring mitricehome.org, or contact Dr. Ronda Hampton at 951-660-8031, or LAPD Homicide Lt. Charles Knolls or Detective Steven Eguchi at 213-486-6900. The LAPD is the lead agency on the missing person case.

Travesty: A Symbol of the American West Is Now under Seige

BY SUZANNE GULDIMANN

Time is rapidly running out for America’s last wild horses. The Bureau of Land Management, which is charged with protecting and maintaining the wild horse population in the American West, is engaged in a brutal extermination campaign to eliminate wild horses and burros from public lands. That’s the message of Malibu director and cinematographer James Kleinert’s latest documentary film, “Disappointment Valley: A Modern Day Western,” which is screening on Feb. 8 and 11 at the Santa Barbara Film Festival.
Kleinert, who has spent the last several years dividing his time between Malibu and various parts of the West, told the Malibu Surfside News that he became interested in the plight of the wild horse while filming his award-winning 2006 documentary film “Spirit Riders,” which followed an American Indian peace movement begun by the Lakota Nation as they made their historical horse-back ride to Wounded Knee in South Dakota.
“‘Spirit Riders’ shows how American Indians have reclaimed their sacred way of life through reconnecting with the horse,” Klienert says, adding that the project also provided him with the opportunity to connect with the horses. Together with wild horse activist and actor Viggo Mortensen, Kleinert made two short films about the wild mustangs. The feature-length “Disappointment Valley” was his next step. The film’s release is timely, coming at what many see as the eleventh hour for the wild horse.
Wild horse advocates have blasted federal land managers this week after 26 mustangs died and 50 more suffered serious injuries last week in a government roundup on the range north of Reno. The roundup is part of an immediate plan to remove 2500 of the wild horses, and a long term plan to eliminate 12,000 wild horses and burros this year.
According to Kleinert, many of the wild horses will be transported to Mexico and brutally slaughtered for meat. Others will be euthanized, or kept at federal holding facilities notorious for overcrowding and inhumane treatment.
The film, shot in high definition, provides an opportunity to observe the magnificent horses in the wild, but also provides an expose on the treatment the animals receive at the hands of the BLM’s so called expert horse handlers, and the appalling conditions at the Mexican slaughter houses that, according to Klienert, are the final destination of many of the horses.
The documentary examines the origins and effects of the 2004 “Burns Bill,” which Kleinert says has gutted the Free Roaming Wild Horse and Burro Act of 1971, clearing the way for removal and slaughter of American wild horses.
“Disappointment Valley,” which includes interviews with Jim Baca, former director of the BLM under the Clinton Administration; Congressmember Raul M. Grijalva; wild horse advocates Michael Blake, Sheryl Crow, Viggo Mortensen, and Malibuite Daryl Hannah; as well as a wide range of scientific experts, animal rights activists and environmentalists, also explores the current impacts on western public lands by oil, gas, mining and corporate cattle grazing.
Kleinert points to the proposed $3 billion Ruby Natural Gas Pipeline that, if it is approved this spring, would cut through some of the most remote and pristine areas of Nevada’s wild horse territory, as one of the reasons the BLM is anxious to eliminate the horse population.
“I hope this film will not only educate viewers about the disturbing, massive removal of our horses but inspire change to the future of these precious animals,” Kleinert told the Malibu Surfside News.
Kleinert compares the west to the African Serengeti, and says that mining is a major threat to the area. “An area of publicly owned land equal to 15 Yellowstones has already been leased to oil and gas,” Kleinert says, adding that uranium mining is also a serious concern. “When these industries are finished, they leave a wasteland where nothing can live,” he says, adding that the BLM’s official position that horses are starving to death on the range is a falsehood. “The only horses that have starved in recent years are the ones the BLM rounded up and forgot to remove from the holding pens,” Kleinert says, providing images of the desiccated remains of mares and foals in an abandoned government pen.
“This is a real life “Avatar” story,” Kleinert says, referring to James Cameron’s record-breaking film that deals with a mining company prepared to commit genocide for financial gain. “It’s happening right here, in our country. The public is not being told. 30,000 horses will be killed and that includes healthy animals. The BLM is managing the wild horse to extinction.”
According to Kleinert, the future looks bleak for the last wild horses. “Obama has to issue an executive order to stop the roundups. That’s the only way of stopping this,” he says, although he adds that a Senate Bill, S 1579, called the Roam Act, may hold some hope.
Kleinert encourages interested individuals to contact their congressional representatives and urge them to support the Roam Act, stop the sale of wild horses for slaughter, and call for a congressional investigation of the BLM.
Kleinert can be contacted at jameskleinert@mac .com, Footage from “Disappointment Valley” can be viewed at www.americanwildhorse.com.
Information on the Santa Barbara Film Festival is available at www.sbfilmfestival.org

Council Candidate Statements Reflect Diverse Views

• Ballot Order Has Been Determined by State’s Random Alphabetical Formula

BY BILL KOENEKER

The Malibu City Clerk last week issued copies of the city council candidates’ official statements and the order their names will appear on the April 13 ballot. There are two council seats up for grabs in what is expected to be a spirited campaign.
Ballot order is determined by the California Secretary of State’s random alphabetical drawing.
The names will appear as follows: Ed Gillespie, Harold Greene, Steve Scheinkman, Michael Sidley, Jan Swift, Matthew Katz, Kofi, Lou La Monte, Laura Rosenthal and John Mazza.
Voters have their first chance to familiarize themselves with the 10 city council hopefuls now that the candidates’ official statements are available.
One of the lesser known candidates arguably might be considered Kofi, who goes by the one name. Kofi lists his profession as a record producer and states that his emphasis is on the environment, improving education and promoting Malibu’s small business community. He contends that for years everyone has expressed concerns regarding the issues facing the city, “but no one in City Hall seems to be listening. I intend to bridge the gap.”
Kofi, who lives on Point Dume, pointed out several specific issues. He proposes to create an atmosphere where individuals respect and listen to each other “as opposed to a city council that assumes that every activist may be wrong.”
He said that public education should be improved. “I know many parents that send their kids to high schools outside of Malibu to receive a better education—this is unacceptable,” he added.
Kofi also noted that public safety, public health and improved disaster response are on the top of his agenda. He promised if elected, “We will create a process for fire victims to rebuild and a system to walk victims through.”
While not a household name in local politics, Matthew Katz, who moved to Malibu in 1955 and has been a permanent resident since 1979, expressed some strong opinions that he says are shared by many other Malibu residents.
In his candidate statement, Katz asserts that Legacy Park should be abandoned. “Put the dirt back,” he added. He said most folks he talks to don’t really want parks. “We don’t need parks,” he added.
He noted it is time to stop development and reduce the pollution. Katz produced a laundry list of issues that need to be addressed: Traffic conditions, sea erosion, school traffic and lighting, new ways to bring in revenue. “We need creative ideas, not Rodeo Drive,” the Malibu Park resident added.
Education and city activist Laura Rosenthal, who may be known to a larger segment of the Malibu community, indicated she is running for a city council because “I believe that what I’ve learned as a volunteer in a wide variety of civic activities through the years is the best experience imaginable for a council member.”
Rosenthal describes herself as a “big picture thinker, who will bring trust, integrity and respect to our council. I am committed to an independent Malibu where citizens and government work together.”
During her 15 years of civic duty, Rosenthal has served on the city’s Public Works Commission, Parks and Recreation Commission, Malibu Economic Advisory Committee, the PTA, Shark Fund, Malibu Little League, BB Facilities Bond Committee Malibu, and Malibu High Site Governance. “I am known for getting the job done,” she noted.
Rosenthal said she supports responsible planning that balances the needs of the resident and community needs. She said she supports a resident-serving city. “I will continue to promote amenities and approaches that serve everyone, including a modern senior center, adult sports leagues and teen activities,” she added.
Rosenthal indicated Malibu must take the lead on environmental and land use issues and “not wait for outside agencies to dictate to us.”
On school issues: “I will fight to get Malibu its fair share of district bond money to upgrade our schools. I am the only candidate with experience working with our school district,” she noted.
Rosenthal, who lives in Malibu Park, also said she has lobbied for fiscal transparency and a common sense approach to spending tax dollars and, as a public works commissioner, has studied water dispersal, fire safety, environmental cleanup and road repair.
Businessman John Mazza, who serves on the planning commission, indicated that he and his family have lived in Malibu for years not just because it is a coastal paradise. “Malibu is simply much more to me than simply the beauty of its beaches and trails, it is the community that comes together again and again whether to defend itself against the threats of fire and flood or to determine for itself thoughtful future growth following its General Plan,” he noted.
The Point Dume resident explained that he has attended almost every city council and planning commission meeting over the past several years. “For this reason, I have persistently taken leadership roles on issues ranging from sports fields to fire safety, and for this reason that I hope to represent you on the Malibu City Council now.” he wrote.
Mazza, who has run unsuccessfully for a council seat twice before, has been the past president of several civic organizations and now also serves as a director of the Malibu Arts Foundation and as a member of the Malibu Library Task Force.
“I know Malibu residents care deeply about the environment and they want Malibu to do the right thing to clean and protect the beaches and ocean where our friends, neighbors and children play. This must be accomplished in an economically sound manner,” he said.
Ed Gillespie is a yacht broker, who currently serves as the chair of the planning commission. He is a past president of the Malibu Chamber of Commerce and served on the Legacy Park Task Force. He ran for city council unsuccessfully in the 2004 election.
Gillespie said he promises to represent only the voter, the citizens of Malibu, and not any special interest group or political faction.
He also promised, if elected, to “fight to make Pacific Coast Highway safer, through a review of current regulations and enforcements. Initiate programs to make Malibu more “fire safe” and prevent overnight camping in Malibu. Assure the City of Malibu makes fiscally responsible decisions with the maximum amount of input from its citizens. Assure that all options are explored to clean up the bay and resolve the state’s prohibition. Fight to maintain the rural charm of our precious Malibu.”
Harold Greene, who is an attorney, emphasizes he is dedicated to following the words of the founding fathers and mothers of the City of Malibu that are contained in the city’s vision and mission statement. “I am bound by those words and pledge to honor them,” he said.
Greene utilized the rest of his candidate’s statement to list his community involvement, including chair of the city’s Native American Cultural Resources Committee. “I helped create and sustain the Chumash Day Powwow. I also guided the redrafting of the cultural resources portion of the zoning ordinance, as well as the drafting and lobbying of the cultural resources portion of our Local Coastal Plan. I continue to be vocal in my opposition to the policies of the Coastal Commission that impact our freedom and safety,” he added.
Greene also served as the president of the Zuma Mesa Property Owners Association and previously on the board of the Point Dume Club Residents Association. The council hopeful was appointed to the View Protection Task Force and was elected its vice-chair.
Jan Swift calls himself a “local boy” raised on Malibu beaches, who has not always been active in the community. “You see, I fell to a low in my life resulting from my own bad behavior. Specifically, I went to prison for a time as a result of mistakes that I made while using alcohol and drugs. I’m not proud of this transgression, rather I am humbled by it. It was one of the best and worst things to ever happen to me. My time behind bars was a time for learning and growth. I learned the true value of time, and that life goes on without you unless you stand up and move with it. Most of all, I realized that the things you want most in life, are those for which you must stand up and fight,” he said.
Swift, who lives on Pacific Coast Highway, in west Malibu, noted that given his new stance, he wants to stand up and fight to keep Malibu pristine. “I want to cultivate the feeling of community. I want to work to keep it safe, maintain its charm and promote its small business growth,” he added. “I have the desire, the drive, the determination and the energy to work for this town. Malibu has given me great gifts over the years, and I’d be honored to have the opportunity to give back.”
Relative newcomer Steve Scheinkman contends that Malibu is at a crossroads, “striving to balance evolving needs of residents while keeping its promise to protect and preserve the natural resources and rural characteristics we all cherish.”
He asserts that the next four years will present challenges to provide solutions to keep the water clean, protect homes from fire, find ways to provide additional recreational and educational opportunities for the children and implement infrastructure improvements to ensure the health safety and welfare of a growing population while protecting the environment. “Our challenges are further exacerbated by the willingness of outside government agencies to impose their will on our community, impinging on our right to self determination,” the Malibu Park resident added.
Scheinkman made several promises to the voters, including expanding educational and recreational opportunities for Malibu children, preserving Malibu’s natural resources and rural character, helping Malibu make sound financial decisions, listening to the voters as a friend and neighbor, and fostering an open exchange of ideas, while promoting respect and rejecting self-interest.
Lou La Monte indicated he wants to be a bridge between the many different factions in Malibu that care about the city. “I’ll work to bring these interests together for a strong, safe Malibu. After all, that is why we became a city in the first place,” he said.
The Big Rock resident, who for years served as the president of his HOA, moved on to city involvement in 2008 when he was appointed to the Public Works Commission partly because of his extensive work with the Big Rock Assessment district. That same year, he was also tapped to serve on the View Protection Task Force. “I fought for a fair ordinance that ensured view protection as well as privacy rights, as outlined in the Malibu General Plan,” he said.
Another fight La Monte said he will wage is against the proliferation of luxury drug rehab centers throughout Malibu. “I am running for city council not only because I feel I am qualified, but also because I would like to serve the community that has given me and my family so much,” he concluded.
Serra Retreat resident Michael Sidley grew up in Malibu, attended Malibu public schools and after college became a lawyer.
He pointed out that he is committed to a viable view protection ordinance. “This is the only way ensure that the beauty, which brought people to this wonderful community, is protected for all citizens,” he explained.
Other issues Sidley stresses include improvements for the public school system, protection of the environment, and a commitment to finding a funding solution for the septic ban mandated by the Regional Water Quality Control Board. Sidley noted that he is also concerned about what he calls “financial giveaways that have plagued this city.”
“I am the candidate who brings both a historical perspective and the skill necessary to lead us through these difficult times. Please support quality leadership and a positive vote for change,” he said.

Council Turns Down HOA Appeal of Trancas Market

BY BILL KOENEKER

By unanimous vote, the Malibu City Council this week denied an appeal by the Malibu West Homeowners Association for denial of the planning commission approval of the proposed expansion of Trancas Country Market.
The planning commission had approved the plans, including a 25,728-square-foot addition to the existing commercial shopping center, permits for two new restaurants, and a new parking lot across the street for employees.
The planning panel appeared to have been won over when the developer eliminated plans for an 11,000-square-foot shopping center on a vacant parcel at the last minute.
The appellants insisted they were not opposed to the project, but thought it needed more study. They asked that the council, if members did not require an Environmental Impact Report, condition the project on a number of issues involving emergency easements, noise and traffic.
“Our own consultant recommended an EIR is required,” said HOA board member Mark Wetton. “If the city does not require an EIR, then it should require mitigation of sound and safety issues.”
The council complied with one of the conditions—emergency evacuation sought by the HOA and added two of its own conditions: a 24-hour security guard and creating a location to store disaster emergency supplies.
Councilmember Jefferson Wagner said his approval could only be obtained if the council required emergency access. The HOA sought two easements to avoid the chokepoint they said that would exist during a disaster at Trancas Canyon Road and Pacific Coast Highway.
The council rejected a proposed easement for an escape route on the east side of the development agreeing when the city attorney said that the location of such an emergency road would be problematic given that it is in the middle of an Environmentally Sensitive Habitat Area.
The council accepted the notion that an emergency escape route along the property line of the western parcel would offer an acceptable alternative.
The project applicant Dan Bercu said he would need to get the approval of the lender, and his attorney sought a way in which the project could be approved this week and the proof of the applicant’s compliance could be provided later.
Some f the other conditions sought by the HOA were turned down by the council including a sound wall, which members found fault with, including insisting it could be a wildlife barrier. Another offered an explanation that they don’t work and a sound wall would keep the sound of the ocean away from the residents.
Councilmember Wagner said many of the other HOA concerns were already covered by current city law or would be in forthcoming ordinances.
Councilmember Pamela Conley Ulich blasted he developer for not providing a public amenity. She suggested for long-term planning Bercu could have “provided a lumber site”. She also talked about public transportation, such as a bus or shuttle that could transport people from Cross Creek to Trancas, and vice versa.
Councilmember Andy Stern said he was pleased the proposal was not larger. He also said he did not want to encourage the developer to expand the project so the city could get a public amenity.
Mayor Sharon Barovsky seemed taken aback by an HOA suggestion that all of the picnic tables should be removed from the proposed commons area.
“Tell me about a picnic area with no picnic tables,” said Barovsky. It was explained by Bercu’s attorney that HOA members did not want large families from the 818 area code taking over the commons area.
Barovksy insisted she would require picnic tables. After Bercu quipped it is a Zen thing, the mayor was reassured there would be picnic tables.
Bercu reiterated that the east parcel, which contains the creek and offers potential for a restored lagoon, is for sale and the owners would consider reducing the price from $3.5 million to $2.5 million.
The audience was made up laergely of Bercu associates and supporters, with a smattering of critics. The tenor of the meeting prompyed the mayor to say, “This is the most civilized group.”

School District Chief Says Cutting Can’t Be Avoided

• New Tax Hike Covers Half of Deficit

BY SUZANNE GULDIMANN

Tim Cuneo, superintendent of the Santa Monica-Malibu Unified School District, urged the community to “stay positive” at a recent district budget presentation at Malibu High School, but only the most sanguine could view the state’s $21.5 billion-plus deficit financial forecast with optimism.
According to Cuneo, 71 percent of school funding comes from Sacramento. The district’s $12 million deficit mirrors the state’s $20 billion deficit, meaning that SMMUSD’s state funding has dropped from $5722 per student in 2008-2009 to $5029 in 2009-10.
Cuneo explained the measures that the district has already taken, including cuts of $4.5 million in 2009-10, increasing class size, reorganizing and consolidating Samohi’s house system, cutting contracts and attempting to reduce energy and travel costs.
According to Cuneo, other measures being discussed include furlough days for employees, additional increases in class size and reductions in personnel, including district office staff and services, as well as teachers, counselors, advisors, outreach specialists, library staff, reading specialists, nursing staff, and security officers.
Other budget cuts could include reducing or eliminate programs, including elementary music and summer school programs.
The centerpiece of the district’s budget strategy is a new parcel tax. The board of education has already approved holding a special election for the parcel tax measure on May 25.
Although residents in the district have traditionally supported parcel tax measures in the past, the May 25 mail-in election, which will cost the district $360,000, comes at a time when Santa Monica, where the vast majority of district voters live, faces record high foreclosure rates and significant job loss.
The district sees the risk as necessary for the survival of key programs, and is counting on success, despite what has been described as “tepid”or “lukewarm” response to parcel tax phone polls.
Cuneo, however, has cautioned that the tax, if passed, would cover only about half the district deficit, and additional cuts would still have to be made. He also expressed concern that once cut, programs may be difficult to reestablish.
“The budget crisis is real,” Cuneo stated, indicating that the district, which serves 11,607 students, may be forced to eliminate up to 90 certificated staff—teachers, counselors, nurses, and administrators and 30 classified staff—custodians, maintenance, library staff, security and other classifications. Class size, already increased this year, would rise still higher for all grade levels.
Cuneo asked that the community stay informed about the ballot measure, attend budget workshops, follow state budget news and get involved.
Malibuites who had their minds on the immediate crisis of sandbags, raising water and the thunderstorm overhead and not on the school budget that evening, can read more about the state of the district’s budget online.
The PowerPoint presentation that accompanied Cuneo’s talk is available at www.smmusd.org

Planning Panel Approves LCP Amendment that Allows MHS Temp Athletic Field Lighting

• City Council Candidates See Issue as ‘Campaignable’

BY SUZANNE GULDIMANN

The City of Malibu’s Planning Commission, after nearly three hours of public testimony and a lengthy debate, approved a recommendation for Local Coastal Program and Zoning Text amendments to permit temporary athletic field lighting at the Malibu High School campus.
The recommendation will be heard next by the Malibu City Council. The California Coastal Commission, which voted unanimously to deny a previous request for a lighting amendment last year, will have the final say.
Several factions spoke at the meeting: residents who oppose changing the LCP; football team supporters who requested a total of 16 lighted nights during October and November to accommodate eight games and eight practices; and supporters of open-ended lighting to accommodate soccer, lacrosse, baseball, softball, tennis, and fundraising activities.
I speak for many residents,” Malibu Park resident Carol Gable said. “We feel this is the first step [toward permanent lighting]. Wildlife abounds. We enjoy hearing and seeing it year round. You would be better served to be teaching the students to be good stewards.”
One woman brought carefully labeled bags containing owl pellets that she stated had been collected on school property. “There is habitat,” she said. We all know we have raptors.”
“I’ve attended dozens of these meetings,” Hap Henry, the only MHS football player to participate in the discussion, said. He suggested that the amendment be limited to 16 nights of high school football and that language be included to ensure that the lights be shielded and removed promptly at the end of of the season. He also suggested that the amendment should have “deeper protection against increases to an unreasonable number.”
“Anybody opposed is disgusting,” Malibu Park resident Steven Bard said. “It’s unbelievable to me. The best athletes are leaving.” Bard has coached MHS middle school flag football.
“[Lights] would bring in revenue and keep kids here in Malibu,” another speaker said, stating that “the [men] being prosecuted in the Corral Fire” are a “prime example” of what happens to youth without the benefit of organized sports. However, the speaker did not indicate whether he actually knew that the men did not participate in sports.
“The 200-plus lighting plan still exists, it’s waiting on the shelf” Malibu Township Council president Steve Uhring said, pointing out that opponents have so far outnumbered proponents 20 to 1. “That’s why residents say no. 16 nights opens the door to 200-plus nights. It launches an assault on quality of life.”
The meeting attracted the attention of most of the candidates for the April city election. Candidates Ed Gillespie and John Mazza are chair and vice chair of the planning panel. Laura Rosenthal and Mike Sidley are both education activists who are on the school district’s Measure BB committee. Matthew Katz and Steve Scheinkman are Malibu Park residents.
Rosenthal, who has advocated for the lights from the beginning, described the process as “a great example of different groups coming together to compromise.” She added, “When we were looking at permanent lights, at that time I supported them [but] it became quite clear it was going to impact. We’ve gone down from 203 nights to 16 nights. I know there’s a lot of wildlife, beautiful dark skies. The wildlife has not gone away with six years of limited use.”
“I urge you to adopt the one with the most flexibility,” Sidley said. “The board of education in not to be feared. We are talking about providing opportunities. Will people be impacted? Yes. All of us have to compromise. The reason they were talking about 200 was they were trying to provide more opportunity.”
“Why are we spending money on lights? The school district is going to raise our property tax,” said Katz. “People who don’t live in Malibu Park shouldn’t have a say. They aren’t the ones who suffer,” he stated.
“There was a compromise that took place for seven years,” council candidate Steve Scheinkman pointed out. Scheinkman, who has been an advocate for the 16 night plan, cautioned that any amendment would need to incorporate the restrictions in the LCP, not just the municipal code.
“There has got to be protection in the LCP so the school district can’t turn around and say they’re exempt,” Scheinkman said. There are 188 houses within 1000 feet of the school. Four percent of Malibu’s population [will be] impacted.
“You have to understand, what we are trying to do is work out the best solution for the Coastal Commission to look at.” Commission vice chair John Mazza said, addressing his remarks to a pair of young cheerleaders who said earlier that they “really, really wanted the lights.”
“The school board has gone outside of local control,” Mazza explained. “They went directly to Coastal, outside of the city process. They were turned down 12-0. We have to come up with a rational solution that protects the school, protects the neighbors, and language that the City Council and the Coastal Commission can accept.”
“Can’t we have a resolution that includes all of our sports?” asked Commissioner Regan Schaar. She repeatedly called the proposed 16 night limit “restrictive,” and pushed initially for an open-ended amendment that would not restrict the number of nights or types of activities and later for a 25 night plan.
“I’m concerned that we are going to lose football,” Steve Scheinkman said, after plans to include everything from tennis to Pop Warner in the proposal. “I listened to coastal, [they were] specifically concerned about creep. Don’t do anything that’s going to lose football.” He added that “[Coastal] rejected the environmental report.”
“Owls have 365 nights a year,” Schaar snapped.
“I’m not going to dignify that remark with a reply,” chair Ed Gillespie answered.
After lengthy debate, the commission agreed to retain the 16-night limit, but opted not to specify football, leaving the distribution of night sports up to the school. This move was seen as a way to make the lights available for other sports and avoid Title XI complications, but it would also expand the period of time the six 53-foot lights would potentially be on the field from the two months required for football to a total of four months, to accommodate soccer, potentially doubling the cost of the lights, which several speakers pointed out have in the past been funded entirely by the football team.
The extension could also mean the lights would still be in use during the start of breeding season for the hotly contested owl population in late winter.
The final proposal recommends placing the Conditional Use Permit requirement in the LCP, to prevent the school district from circumventing municipal control. The commission also agreed that the amendment should specify high school athletic activities only and set an end-time of 10:30 p.m. and require that the lights be removed promptly at the end of the four-month period.

Council Looks at Camp 8 Issue

• County Capitulates to Localized Outcry

BY BILL KOENEKER

Some Malibu City Council members had strong words for the residents who protested initial reports that the California Department of Corrections was considering use of Fire Camp 8 to house inmates trained in firefighting.
The facility is currently used by the Los Angeles County Fire Department to assign fly crews. A helicopter is stationed at the camp located high in the hills above Las Flores Canyon.
“That is not going to happen,” said fire department spokesperson, Maria Grycan, Nearby residents had organized opposition to the plan that fire officials said was still in the early assessment stage.
Fire officials now say their initial assessment has ruled out the camp for inmates because of the residential component.
Councilmember John Sibert chastised the protesting neighbors, who he said jumped the gun.
“The concern I have is the Chicken Little approach. We ended up looking foolish,” he said.
Sibert said he began getting e-mails on Thursday, made a few calls, contacted the city manager and by Monday fire officials had already withdrawn the site.
“These are programs that save people’s lives. This instant panic bothers me,” he added.
Councilmember Pamela Conley Ulich said she thought it ironic that when she attended the community Wildfire planning meetings, there were only three people in attendance.
“I hope the people activated by the Camp 8 [proposal] keep more informed and involved,” she said. “I hope the people who shouted the loudest on Camp 8 don’t stop. They need to be vigilant.”
Ironically, the history of the camp shows it got its start as a place for wards of the court to learn wilderness firefighting techniques.
Current inmate firefighting facilities in Malibu include Camp 13 on Encinal Canyon Road and Camp 16 in Malibu Canyon, according to the LACOFD website.
In 1981, Camp 13 was the first of four fire suppression camps to open jointly with the CDC, combining state manpower and resources within county facilities and county overhead, according to the website.
In a program that predates most residents, Camp 8 was one of seven camps in the 1940s when the county staffed the facilities with wards of the court.