Malibu Media Maelstrom Ensues as Paparazzi Dominate News Coverage

• Mainstream Press Legitimizes Edited Video without Investigating Photographers’ Allegations

BY ANNE SOBLE

During a weekend when record-breaking temperatures dominated the news, two Malibu beach brawls made headlines around the world and have many locals scratching their heads and wondering whether the hot weather may have been affecting the media.
Residents have been voicing concern that an erroneous picture of an event has now been repeated so many times by so many media that it has assumed a life of its own. They say this, while in no way condoning what may be construed to be unseemly behavior by people who live here.
Basically the facts for anyone who has had no electronic contact with the world in the last six days is that rowdy donnybrooks occurred on Point Dume beaches on Saturday and Sunday.
The melees have been dubbed by celebrity websites as clashes between “the paparazzi” and “the surfers.” That these sites might favor the paparazzi could have something to do with their dependence on them for content.
The incidents, the first of which ostensibly erupted as actor Matthew McConaughey was surfing off Little Dume, are alleged to have resulted in one broken nose and camera gear damages estimated at over $10,000.
Videos of the skirmishes have been replayed endlessly on these websites and have either been given or sold to nearly every major media outlet, most of which appear to use them without questioning their authenticity.
The Little Dume video appears edited to slur locals who sought to evict the paparazzi from the dry sand at the beach. There has been little play of some photographers doing the filming reportedly urging their comrades to “keep going” as “this is good stuff.”
Some locals are asking whether the paparazzi, knowing that their aggressive behavior has been in the news lately, decided to take the makings of a tense situation and spin them to their advantage.
Several of the people at the beach, a mix of Point Dume residents and visitors, many of whom would hardly fit the notion of the stereotypical surfer, currently decline attribution because there is concern about litigation against individuals and the property owners association that has the private beach easement where the first brawl took place.
The Riviera II Property Owners Association, one of the groups that oversee the beach key access to Little Dume Beach, held a closed meeting Monday night to address some of the legal issues that might have been raised.
A number of the citizens who were involved in the clashes are in the process of filing police reports of their own. At least one of them, a lifelong Malibuite, has brought local attorney Michael Schwimer on board to begin to address what they say is an imbalance in the outside media’s coverage of the event.
Schwimer said, “The real story is still coming out. The rest of the media have taken the paparazzi’s spoon-fed story and run with it. They have done no investigations of what happened.”
He acknowledges that some of the group called the surfers, who should more accurately be described as a group of beachgoers, “may have been pushed so hard that they pushed back.” But he is adamant that “the video is so heavily edited to mischaracterize the situation and portray the Malibu residents as aggressors, when in fact it was the opposite.”
Schwimer said it is damning that mainstream media would take “obviously edited” video “at face value,” even “picking up the same inaccurate labels of paparazzi and surfers” as used by the celebrity websites. The terms repeatedly appear in print headlines and broadcast references.
The Malibu Surfside News has received undisclosed information that a knife was drawn by a paparazzo. A report that one of the residents at the scene had a wound that required five stitches has been confirmed. And tripods were recorded being used as weapons.
The team of investigators from the Lost Hills Sheriff’s Station has been trying to obtain copies of the original videotapes but has been unsuccessful.
Schwimer says what was happening at both beach locations is “a public safety issue.” He says the state paparazzi legislation that is on the books should be enforced, adding that an emphasis on “disturbing the peace and public nuisance” is imperative.
The attorney said he is beginning to question whether there was “an element of purposefulness” in the Little Dume fracas, as “facts suggest an effort to capitalize” on the situation by filming it.
Schwimer said there are currently several Web postings about “another round” to take place at the beach on Saturday, June 28. “There appears to be a real intention to promote violence.”
He added that some of the photographers from the incident have reportedly obtained the telephone numbers of some of the beachgoers and have begun to make “threatening phone calls.”
Mainstream media scorn the paparazzi and differentiate them from professional journalists. Their coverage of the Malibu beach brouhahas demonstrate that the line between them is blurring.
As for McConaughey, he continued to surf unaware of what was happening the first day until he learned about it later. He also hit the waves the next day, albeit some distance from the second clash at Paradise Cove.
His publicist Alan Nierob said the incidents will not dissuade the actor from surfing, and “he will continue to enjoy the beautiful Malibu coastline.”

Citizen Task Force to Tackle View Law

• Council to Select from Applicants for 12-Person Panel

BY BILL KOENEKER

The Malibu City Council, by unanimous vote with Councilmember John Sibert absent, agreed this week to form a view preservation task force composed of 12 members, with each council member appointing two members, and the whole council tapping two more at-large members—one from the east end of the community and the other from the west end of town.
In April, the voters were asked to give their input on whether the city should undertake a measure and the electorate overwhelmingly advised the council they wanted to see a law on the books.
Some of those citizens came to council chambers to either warn the council of the pitfalls of such a committee, volunteer their services, or inform members of what the panel needed to do.
Marilyn Santman said she did not want to see the task force slow down the process of enacting a new law. “I am afraid it will get bogged down. We need a expediter to help the committee,” she said.
Leon Cooper explained that the City of Palos Verdes currently has a law on the books that has withstood the test of time and the courts, and might be a model for a Malibu ordinance.
Lou Lamont, head of the Big Rock Homeowners Association, told the council it must craft a law that takes into account all of the differences in geography of each neighborhood. “The important issues in Big Rock are different than La Costa, which is different than Carbon Mesa,” he said.
Sam Hall Kaplan, reminding the council of the overwhelming vote, said, “This is not simply a landscaping issue. It is also a construction issue. Also it is a fire issue. It is for the protection of properties and should be expedited.”
The council then discussed how many should be on the committee, how the appointments would be made, how folks could apply and if the panel should have another name.
The council briefly talked about how to reach out to the community for applicants, including contacting all of the homeowners associations. But shied away from that when they were told the staff could come back in September after getting all of the information and mailing it out to the HOAs.
“If the motion is accepted, I want this back for our next meeting to make our appointments,” said Councilmember Sharon Barovsky.
After the April vote, council members made view preservation their top priority and decided to form the blue ribbon panel to get the input of as many individuals as possible in the early formative stages of such a law.
Municipal officials are apparently using the Malibu County Estates process as a guide. After the city declared its intention to creating an ordinance for the neighborhood, city staff and the MCE homeowners association worked closely to craft a measure.
However, in the final days of passage and subsequent enactment critics came forward with numerous objections to how the law was written.
To head that off, city planners suggested that a blue ribbon committee could be very helpful in collecting and evaluating community concerns on a citywide law. The council concurred.
Mayor Pamela Conley Ulich had placed on the agenda a measure to form a blue ribbon committee to discuss potential uses of property at Point Dume that city officials are contemplating acquiring that was discussed later in the evening. It would have the same structure as the view panel.
The city is considering the purchase of the property for a potential site for a city hall, senior center, library, teen center or ball fields.
Several residents from Bonsall Drive, which is downslope of the 10-acre property under discussion, council the property was inappropriate for institutional or recreational use since it is so close to a residential neighborhood. The property is currently zoned rural residential. Most of the speakers said their property lines abut the subject property.
The announcement that the city might acquire the acreage currently operated as a plant nursery located north of the intersection of Heathercliff Road and Pacific Coast Highway has already generated considerable controversy.
Critics contend the rural nature of the property is not conducive to municipal or institutional uses, and that the mayor’s efforts are detracting from the proposed plans for other city projects.
However, supporters, including the Boys and Girls Club, suggest the site would be ideal for a teen center or a satellite library.
The financial realities suggest a library or city hall might be more feasible since there is money already set aside for those two uses in the city coffers, and both uses come with an annual revenue stream.

Fines for Building and Zoning Violations OK’d

• Council Nixes Proactive Enforcement

BY BILL KOENEKER

A majority of the Malibu City Council, with Councilmember John Sibert absent and Councilmember Andy Stern dissenting, agreed this week to go forward with an ordinance that would establish fines for violations of the municipal code.
However, in a companion measure, the council on a 2-2 vote with Stern and Councilmember Jefferson Wagner voting no, failed to change council policy to give greater enforcement power or direct the staff to take a proactive stance in enforcing building and zoning codes.
The council agreed to have the staff return with a separate agenda item to establish the fine amounts for administrative penalties.
Gail Sumpter, division manager-permit services/code enforcement, indicated fines could be used for such violations typically including building codes, zoning, animal nuisance, noise and other violations that “do not constitute immediate threats to public health or safety,” as a means to establish compliance, rather than referring the matter to the city prosecutor for criminal violations.
However, the head code enforcement officer failed to convince a majority of the council to expand the procedure for code enforcement. Currently, the code enforcement staff does not have the ability to pursue violations that they see in the field unless they have already been reported in writing by a complainant. “Technically we cannot take a proactive stance. It is something we need to take up,” she added.
Councilmember Sharon Barovsky initially said she thought a change in policy would take the city back to the days when anonymous complaints were taken that did not have to be in writing. There are some exceptions to the rule, such as immediate threats to health and safety, but Sumpter emphasized no calls are taken anonymously. “I have to have a name and phone number,” she insisted.
Sumpter said in no case would any complaint be handled anonymously, even if the policy were changed. “This would be something we could enforce on our own without a written complaint,” she countered.
Mayor Pamela Conley Ulich was swayed to vote for the policy change when she was convinced there was still a matter of due process involved in the policy changes.
Stern did not say why he voted against making any changes. “I don’t understand it,” he tersely replied. Wagner said the policy needed something “with teeth in it,” but did not elaborate.
When the motion was offered, Barovsky was willing to make changes with amendments, and so was the mayor, but with council the property was inappropriate for institutional or recreational use since it is so close to a residential neighborhood. The property is currently zoned rural residential. Most of the speakers said their property lines abut the subject property.
The announcement that the city might acquire the acreage currently operated as a plant nursery located north of the intersection of Heathercliff Road and Pacific Coast Highway has already generated considerable controversy.
Critics contend the rural nature of the property is not conducive to municipal or institutional uses, and that the mayor’s efforts are detracting from the proposed plans for other city projects.
However, supporters, including the Boys and Girls Club, suggest the site would be ideal for a teen center or a satellite library.
The financial realities suggest a library or city hall might be more feasible since there is money already set aside for those two uses in the city coffers, and both uses come with an annual revenue stream.

Blue Ribbon Panel Is Considered for First Step toward View Protection Law

• Council Members Say They Want to Hear from All Sides

BY BILL KOENEKER

Having declared the creation of a view protection ordinance their number one priority, the Malibu City Council is expected next week to discuss formation of a blue ribbon advisory committee on a citywide ordinance.
In April, the voters were asked to give their input into whether the city should undertake such a measure and the electorate overwhelmingly advised the council they wanted to see such a law on the books.
Council members subsequently made view preservation their number one priority and decided to form a blue ribbon panel to include as many individuals as possible in the early formative stages of an ordinance.
Municipal officials are apparently using the Malibu County Estates process as a guide. After the city declared its intentions to create an ordinance for the neighborhood, city staff and the MCE homeowners association worked closely to craft a measure.
However, in the final days of passage and subsequent enactment, critics came forward with numerous objections to how the law was written.
To head that off this time, city planners are suggesting that a blue ribbon committee could be very helpful in collecting and evaluating community concerns on a citywide law.
“If the committee is formed, it is recommended that at least one member of the committee be a licensed landscape architect or biologist. It may also benefit the committee to include a land use attorney or professional planner,” wrote the city’s associate planner Richard Mollica, who emphasized that large committees “pose difficulties in establishing meeting dates and may also present challenges in reaching consensus. Additionally, staff is suggesting that community members seeking to serve on the committee be required to complete and submit a city commission/committee member application.”
The council could then decide on an appropriate number of committee members and the composition of the panel from the applications, according to Mollica, who added staff is recommending that each council member appoint a committee member and that two at-large members be appointed by the entire council.
At the same time, Mayor Pamela Conley Ulich wants to see if there is any interest by the council in forming a blue ribbon committee to discuss potential uses of property at Point Dume that city officials are contemplating acquiring.
The city is considering the purchase of the property as a potential site for a city hall, senior center, library, teen center or ball fields.
The mayor is requesting that the council consider forming the panel to discuss the feasibility of the various potential uses of the property, if indeed it is acquired.
The announcement that the city might acquire the almost 10-acre parcel located north of the intersection of Heathercliff Road and Pacific Coast Highway has already generated considerable controversy.
Critics contend the rural nature of the property is not conducive to municipal/institutional uses and that the mayor’s efforts are detracting from the proposed plans for other city projects and may even sabotage them.
However, supporters suggest the site would be ideal for a teen center or possible satellite library.
The financial realities suggest a library or city hall might be more feasible since there is money that was already set aside for those two uses by city leaders in recent years, and both would have an annual revenue stream.

Speed Limit Increased on Two Sections of Kanan Dume Road

• Concern Heightens for Greater Accident Potential on Key Cross-Mountain Through Route

BY HANS LAETZ

Speed limits have been hiked on two long sections of Kanan Dume Road north of Malibu, where new 55 mile per hour signs were posted recently on a pair of stretches of the twisting, hilly road.
The two police agencies that patrol the road are split on whether motorists can safely handle the higher limit, with the likely result that drivers will travel even faster than current averages, which are approaching the 60-mph level in some places.
“That is not safe,” said sheriff’s Sgt. Philip Brooks. “That road is not engineered for speeds that fast.”
But the California Highway Patrol, which has primary traffic duties in unincorporated areas, has signed off on the new, higher limit. Speeding tickets from Kanan Dume were being dismissed in court because the old 50 mph limit was illegally set too low under the state’s anti-speed trap laws, a CHP officer said.
The new signs are posted on two different segments, including the southbound road down the steep grade from the top of the hill four miles down to just inside the Malibu City Limit. Northbound traffic going up the hill, however, is still limited to 50 mph.
But once that northbound traffic reaches the top of the hill, the limit goes up to 55 and stays there north through the first tunnel and on up to Mulholland Highway. That new 55 mph section includes curves with caution signs advising speeds of as low as 35 mph, and includes the often-congested intersection at the Backbone Trail parking lot, near Tunnel 1.
Southbound traffic from Mulholland to the top of the hill remains at the old 50 mph limit.
CHP Sgt. Adrian Torres said judges have been agreeing with motorists “and we’ve been losing tickets because the (speed) survey says 55 is an allowable speed” in those two segments.
Traffic engineers at the Los Angeles County Department of Public Works said the increased speed limits are mandated by state law. In California, speed enforcement using radar can only be done if speed limits are set above the 85th percentile of average speeds on a given road—meaning the speed that 15 percent of the traffic is exceeding.
“Recently collected speed data indicated that the 85th percentile speed along Kanan Dume Road ranges from 53 mph to 63 mph,” said county roads spokesperson Gary Boze. State law requires the speed limit to be rounded up to the nearest five, but does not allow speed limits in excess of 55 mph except on freeways or rural highways.
For a speed limit to be set lower than that 85th percentile average, police would have to forgo radar and rely on the old-fashioned method of speeding up behind drivers and pacing their speeds, a procedure that officers say is ineffective and unsafe.
“The speed limit was increased after consulting with the CHP with regard to speed enforcement,” Boze said in an e-mail. “The speed limit is based on driver behavior … (and) also considers traffic collisions, traffic volumes, area development and conditions that may not be readily apparent to the driver.”
The CHP’s Torres said, “We concur with the county’s findings, and intend to enforce the 55 mile-per-hour limit there.”
Motorists observing the new southbound 55 speed limit may be speeding into the City of Malibu’s boundary, as there are no signs warning that the old speed of 50 apparently is still in effect starting at the city limits—just before the sharp curve where the road collapsed a decade ago.
In California, cities are in charge of speed limits within city limits, and public works director Richard Calvin said he was unaware of the county’s action and would investigate the matter.
Mayor Pamela Conley Ulich said she is also concerned about the matter.
The speed limit change comes as some local law enforcement officials are worried about “speed limit creep,” where mandatory radar surveys are forcing speed limits up in 5-mile increments every few years. The faster speed limits encourage drivers to go faster, resulting in faster 85th percentile average, resulting in even-faster speed limits.
State law does allow the CHP to recommend lower speed limits if local conditions require it. County traffic engineers with specific knowledge of the Kanan-Dume radar study could not be reached to ask if the existence of blind curves, steep grades, bicyclists, and crossing wildlife such as deer and cougars had been factored into the decision.
Accident rates, locations where the speed surveys were taken, and other information could not be obtained from the county either.
Elsewhere in the mountains, the speed limit on Cold Canyon Road in the El Nido neighborhood was just raised from 30 to 35 mph from Piuma to Wonderview roads, and from 30 to 40 mph between Wonderview and Mulholland. That change, also sparked by radar surveys, includes the stretch of road where two people were killed in a crash last December that was blamed on excessive speed.
The county’s road engineers are in the process of examining Kanan Road between Mulholland and Agoura Road, and the 50 mph speed limit through that area may soon be adjusted as well, Boze said.

Sheriff Announces Plans for Emergency Operations Center in Old Malibu Station

• Sale of Location Was Being Considered

BY ANNE SOBLE

Los Angeles County Sheriff Lee Baca has made public his plans to announce a proposal to build a permanent, state-of-the-art emergency operations center and training campus in the old Malibu Sheriff’s Station at this week’s Malibu Town Hall.
Baca indicates that the proposed EOC “will give responders an enhanced coordination center for emergency response and will improve their ability to serve the community.”
The training campus proposed for the station shuttered in 1991 will be for all public response agencies, according to Baca. The site has a radio relay tower, helipad and fuel pumps in place.
The Malibu location is deemed especially suitable because “it will give students the ability to see the area they will be asked to respond to in an emergency.”
Lack of familiarity with Malibu by responders from other areas is often cited as a problem during local emergencies.
The sheriff adds the EOC “will provide CERT training, animal evacuation training, preparedness and mitigation training, and a place to develop, review and test community disaster plans.”
Baca had indicated his strong interest in utilizing the station site back in February, when he told the Malibu Surfside News that making other plans for the facility would be a “mistake.”
County Supervisor Zev Yaroslavsky had been negotiating with Santa Monica College to sell part of the location for a satellite campus and scoffed at Baca’s then interest in a reopened substation.
Plans for a full-fledged EOC in the catastrophe-prone Malibu area might prove tougher to oppose.
In earlier comments, Baca said, “Residents of Malibu have told me they want an emergency [facility in the community and] this is about public safety first.”
The town hall on emergency preparedness will take place Wednesday at 7 p.m. at the Malibu Performing Arts Center.

Work on Giant Water Line Drops Pressure

• Contingency Plans Said to Be in Place for Wildfire

BY HANS LAETZ

Water pressure in parts of Malibu was noticeably weak early this week, as an unexpected heat wave compounded water woes caused by the emergency shutdown and repair of a giant pipeline.
By Tuesday morning, showers were running with less pressure, and other symptoms of a reduced supply were evident to observers.
“It’s bad, but it’s not nearly as bad as it could be,” said Melinda Barrett, water conservation coordinator for Los Angeles County Waterworks District 29, which serves Malibu, Topanga and much of the Santa Monica Mountains. Water pressure that is normally delivered to residences at 50 pounds per square inch had dropped 2-3 pounds, she said.
“We had a hot weekend, and still we had a drop in water usage.” said Metropolitan Water District spokesperson Rob Hallwachs. “We owe a good deal to the public’s cooperation, for which we are most appreciative.’’
Water pressure being delivered into the Malibu supply line by the MWD had dropped from 180 pounds per square inch to 170 pounds, “and that’s less of a pressure drop than we had feared,” Barrett said.
MWD’s big pipe is dried out and dug up at four places along the 405 Freeway in Bel Air and Culver City as emergency replacement is underway with a July 2 deadline. The eight-foot-diameter pipe delivers water for coastal and inland customers from County Line Beach all the way down to San Clemente.
Water from MWD treatment plants in Orange and Riverside counties is being used to reverse flows in other pipelines and supply millions of people in western and southern Los Angeles County with water.
As a result of pleas for the emergency conservation of water, Southern Californians cut their wa-ter consumption by an astounding 10 percent in response last weekend, the MWD spokesperson said.
“Our usual water deliveries are maybe 8000 acre-feet a day, and we went down to 7200 hundred-acre-feet today (Sunday),’’ Hallwachs said. “This is really very surprising given the heat, and we can only attribute that to everyone helping us conserve.’’
In the Malibu area, small water pipes gave out on Point Dume and near Saddle Peak over the weekend, causing a few temporary, localized water outages.
Barrett said county and MWD officials are keeping a close eye on the water pressure, given that Red Flag fire warnings were unexpectedly issued over the weekend for the local mountains and canyons. “Met is always able to move things around and increase pressure if the fire department calls for it,” she said.
But Barrett said the outbreak of a brushfire in Malibu “would trigger a call for all water customers to immediately stop using all water, and reserve it for the fire department.”
The common act of watering down houses and gardens during nearby brushfires is from a practical point useless “and deprives the fire department of the water they need,” Barrett said.
One interesting result of the water flow change is that Malibu, which usually gets a mix of 60 percent Sacramento River Delta water and 40 percent distant groundwater, this week will get some Colorado River water in local pipes. MWD officials say no one will taste the difference, however, as it is heavily filtered.

• The Publisher’s Notebook •

Malibu and Media Mentality

BY ANNE SOBLE

Forget applying other city’s mottos, because one thing is certain: What happens in Malibu doesn’t stay in Malibu—not for a nanosecond, especially if someone can make money on it. It doesn’t matter whether something is true, partially true, or completely false. Say the word Malibu, and the world listens. None of us condones boorish, ignorant or otherwise inappropriate behavior that reflects poorly on a community whose image is already erroneously synonymous with excess in every form. Malibu does not need bad press. That is as true for local residents, as it is for those who come to enjoy our extraordinary beaches and those who come here to earn a living.
The same applies to breaking the law. Whether the law is the state paparazzi statute or laws on public nuisance and battery, enforcement should be the top public priority. As for those who are reporting on Malibu for whichever media, the news should be covered accurately and fairly. But it is beginning to look as if accuracy and fairness had no role when several celebrity websites got their hands on what may have been orchestrated footage of two brawls on local beaches last weekend. The altercations were described by these sites as taking place between so-called groups of paparazzi and surfers, and the labels stuck.
The rest of the media didn’t question the web designation of surfers, or try to interview people who were at the scene. The major so-called mainstream press pantingly glommed onto the videos. This is a classic example of what communications scholars call the media’s “pack mentality.” Someone breaks a news story, and all the other press run with it, often without fully checking it out. Speed is the name of the game. In less than an hour, this story was transmitted in every electronic form possible around the world. There were some occasional disclaimers, but the story was so hot that no one wanted to lose time authenticating the allegations.
There is also an apparent Malibu envy factor that creeps in whenever the community is covered. Perpetuation of inaccurate stereotypical notions of what Malibu residents and their lifestyle are like and use of blatantly incorrect information about the community riddle much of the media coverage. A lot of money changes hands in the world of celebrity publications, television shows, websites and blogs. That celebrity websites want to foster the pap packs’ agenda is not surprising. That the mainstream media now think they have to do the same thing in order to compete is a sad commentary on the current state of the press.

Malibu Man Found Dead in Las Flores Park

• Determination of Cause of Death Awaits Results of Toxicology Tests

BY ROBBY MAZZA

Three tarps hang on the white fence that borders Las Flores Park, concealing the body of Malibu resident Christopher Scott Quint that was discovered Tuesday morning.
Quint, 39, attired in a short-sleeved black T-shirt and jeans, was found lying on the ground on his back.
Deputy Eric Hoffman of the Lost Hills Sheriff’s Station told the Malibu Surfside News that Quint’s body was discovered at 8:30 a.m. on the jogging path just inside the fence, by a person who was walking his dog.
Hoffman said another witness working in a nearby building indicated he had heard “snoring” in the vicinity at about 4 a.m. “[The witness] thought it might be a homeless person,” Hoffman added. “He can’t identify if it was him, but it was most likely him.”
Paramedics on the scene reportedly checked Quint’s pockets and found no identification. The coroner established his identity Wednesday morning.
Determination of the cause of death was not possible at the scene. Hoffman indicated there were no visible signs of trauma, but he noted that homicide was not being formally ruled out.
The deputy reported there were no visible signs of needle use, but added that the county coroner’s office will test for alcohol and drugs, as well as any indication of whether “a medical issue” was involved in Quint’s death.
An autopsy was scheduled to be performed on Wednesday, but any official determination of the cause of death may be being deferred pending the results of a toxicology report, which could take from six to eight weeks.

Malibu Town Hall Spotlights Municipal Wildfire Preparedness

• MultiAgency Participants to Address Residents’ Concerns

BY ANNE SOBLE

In a year that public firefighting agencies say could be one of the worst in wildfire history, the City of Malibu has scheduled a community-wide town hall to assess local preparedness and discuss the lessons learned from last year’s devastating blazes.
Tempers flared at a number of small meetings for residents in areas affected by last year’s firestorms, but this is the first forum open to everyone in the community that will address general wildfire preparedness, response expectations, evacuation policies and other major public concerns.
The town hall is expected to be of special importance to residents of areas of Malibu that have not burned in decades and are viewed by wildfire pattern experts as particularly vulnerable in a drought year for which record high temperatures and frequent Santa Ana winds in the 50-70 mph range are being forecast.
The fuel load in the local hills and along the coast—chamise, sage and sumac—is described as being at an all-time high. Even areas that have burned within the last decade could find themselves engulfed in flames again because of the unparalleled flammability of the chaparral.
The thrust of the presentations will be—now that wildfire has become a year-round danger and firefighting agencies face the increased probability of simultaneous blazes—on the importance of resident preparedness.
A new openness and willingness to discuss resource limitations by firefighting and other public agencies is also likely to mean that residents will continue to be exposed to a more realistic appraisal of fire response times and equipment deployment.
The question asked at previous neighborhood gatherings by several residents who lost their homes in last year’s Corral fire—“Why wasn’t the department there for me”—will undobtedly be directed again at representatives from the Los Angeles County Fire Department.
County Fire Chief P. Michael Freeman will elaborate on policies related to access, turnaround space, protectability, probable success rate and other factors that go into determining where to allocate resources.
Representatives of the Los Angeles County Sheriff’s Department and the California Highway Patrol will be asked to address thorny ingress and egress issues, movement within an impacted neighborhood, roadblock establishment and traffic flow.
Of major interest will be the probable discussion of evacuation policies during a public emergency. Questions about who is in charge, the difference between voluntary and mandatory evacuation and the legal rights of citizens are expected to arise.
A representative of Los Angeles County Supervisor Zev Yaroslavsky will address county government’s role in wildfire preparedness, including whether more firefighting equipment, such as the SuperScooper aircraft, should now become available year-round.
The city has also been urged to have representatives of local communications providers present to address issues of reliability and what has been done to reduce the possibility that residents will have limited public information options during a crisis.
The forum will take place on Wednesday, June 25, at 7 p.m. in the Malibu Performing Arts Center at 23825 Stuart Ranch Road behind Malibu City Hall.

Malibu Wants to Establish Fines for Building and Zoning Code Violations

• City Council Slated to Ask for New Law

BY BILL KOENEKER

Malibu City Council members are being asked next week to approve an ordinance that would establish fines for violations of the municipal code.
If the ordinance is approved, the staff will return with a separate agenda item to establish specific fine amounts for administrative penalties, according to a staff report.
“This ordinance has been prepared in response to the desire to provide administrative enforcement procedures for violations of the municipal code which are deemed relatively minor in nature,” wrote Gail Sumpter, division manager-permit services/ code enforcement.
Sumpter indicates such violations typically include building codes, zoning, animal nuisance, noise and other violations that “do not constitute immediate threats to public health or safety.” Many of these are brought to the city’s attention by neighbors or other affected parties who file complaints.
The head code enforcement officer noted the citations and fees imposed will provide for “a more efficient and streamlined enforcement procedure” than is currently available under the present provisions. She said the procedure has proven effective in a number of other cities, such as West Hollywood and Santa Ana.
There is a proposed procedure that includes serving the citations personally, an appeal procedure before a hearing officer appointed by the city manager, and ultimately the ability to contest the citation in Superior Court.

Malibuites Get Their First Taste of SoCal Water Conservation Mindset

• Some Wonder If This Is First Indicator of Drought’s Impact

BY ANNE SOBLE

Communities throughout the Southland are talking about stringent water conservation measures, but Malibuites have been relatively immune from what water supply experts expect to be a long-term shortage.
While other communities talk about landscape watering restrictions and regulating the washing of cars, Malibu residents served by the Metropolitan Water District are facing their first official request to monitor local usage.
The MWD is requesting that all Malibu residents conserve water between Saturday, June 21, and Wednesday, July 2, when the district will be working on a 12-mile-long section of its 96-inch-diameter Sepulveda feeder line.
MWD says the work can be expected to affect the water pressure supplied to water distributors, including Waterworks District No. 29, which services the Malibu area.
Although the district indicates that it does not expect customers to experience problems unless the weather gets hot during the shutdown period, comparable repairs have created problems in the past.
Preventive maintenance is a top priority now that California is in the midst of its driest spring on record. Last week, the governor declared a drought—the first in nearly 20 years—after two years of below-average rainfall, low snow-melt runoff and court-ordered restrictions on water transfers.
The state depends on the winter snowpack in the Sierra Nevadas for most of its summer water supply. This March, April and May were the driest months on record. That does not bode well.
Conditions could be even worse next year if there is another dry winter. An eight-year drought in the Southwest means California can’t depend on Colorado River water to help supply Southern California. And a federal court order last year requires that more of that area’s water remain in the Sacramento-San Joaquin Delta.
MWD board members have been edging toward a water-supply alert by encouraging residents and businesses to start cutting back on usage and asking cities to crack down on those who don’t.
If not enough water is saved over the next year, it is anticipated that MWD will consider rationing. “This is an attempt to stretch out our reserves and make sure we don’t run them into the ground,” according to Jeff Kightlinger, MWD’s general manager.
Kightlinger announced last week that MWD will bump up its advertising campaign on the need to conserve water and ask cities to consider adopting ordinances restricting discretionary water use.
Malibu incorporated in 1991 and got up and running in 1992, but it did not experience the same brunt of the water shortage that Southern California felt in the early 1990s.
In addition to the quantity of local water supplies, questions are expected to be raised about the quality of alternate water sources if major adjustments are required.
For questions about the two-week feeder line repair period, contact the Los Angeles County Waterworks District at 310-456-6621.

Blue Ribbon Panel Is Considered for First Step toward View Protection Law

• Council Members Say They Want to Hear from All Sides

BY BILL KOENEKER

Having declared the creation of a view protection ordinance their number one priority, the Malibu City Council is expected next week to discuss formation of a blue ribbon advisory committee on a citywide ordinance.
In April, the voters were asked to give their input into whether the city should undertake such a measure and the electorate overwhelmingly advised the council they wanted to see such a law on the books.
Council members subsequently made view preservation their number one priority and decided to form a blue ribbon panel to include as many individuals as possible in the early formative stages of an ordinance.
Municipal officials are apparently using the Malibu County Estates process as a guide. After the city declared its intentions to create an ordinance for the neighborhood, city staff and the MCE homeowners association worked closely to craft a measure.
However, in the final days of passage and subsequent enactment, critics came forward with numerous objections to how the law was written.
To head that off this time, city planners are suggesting that a blue ribbon committee could be very helpful in collecting and evaluating community concerns on a citywide law.
“If the committee is formed, it is recommended that at least one member of the committee be a licensed landscape architect or biologist. It may also benefit the committee to include a land use attorney or professional planner,” wrote the city’s associate planner Richard Mollica, who emphasized that large committees “pose difficulties in establishing meeting dates and may also present challenges in reaching consensus. Additionally, staff is suggesting that community members seeking to serve on the committee be required to complete and submit a city commission/committee member application.”
The council could then decide on an appropriate number of committee members and the composition of the panel from the applications, according to Mollica, who added staff is recommending that each council member appoint a committee member and that two at-large members be appointed by the entire council.
At the same time, Mayor Pamela Conley Ulich wants to see if there is any interest by the council in forming a blue ribbon committee to discuss potential uses of property at Point Dume that city officials are contemplating acquiring.
The city is considering the purchase of the property as a potential site for a city hall, senior center, library, teen center or ball fields.
The mayor is requesting that the council consider forming the panel to discuss the feasibility of the various potential uses of the property, if indeed it is acquired.
The announcement that the city might acquire the almost 10-acre parcel located north of the intersection of Heathercliff Road and Pacific Coast Highway has already generated considerable controversy.
Critics contend the rural nature of the property is not conducive to municipal/institutional uses and that the mayor’s efforts are detracting from the proposed plans for other city projects and may even sabotage them.
However, supporters suggest the site would be ideal for a teen center or possible satellite library.
The financial realities suggest a library or city hall might be more feasible since there is money that was already set aside for those two uses by city leaders in recent years, and both would have an annual revenue stream.

• The Publisher’s Notebook •

Malibu Town Hall: Some Burning Questions

BY ANNE SOBLE

If Malibuites don’t show up for the face-to-face with firefighting and law enforcement agency representatives at next week’s town hall and ask tough questions, they have no one else to blame if they don’t like the way things are handled when their neighborhood is the next one to burn. Residents in areas that have not experienced wildfire in decades should be especially concerned as Southern California faces another year of drought, record heat and frequent winds in the 50 mph-plus range. In the past, after a major conflagration, public agencies somberly listened to the concerns of those who lost their homes while nearly everyone else breathed a sigh of relief and cocooned. As humans are wont to do with disaster, most Malibuites thought wildfire was an if, not a when. But now that wildfire is a year-round phenomenon and public agencies are caught in the economic turmoil besetting all government entities, those who live in the wildland interface have to think proactively about wildfire preparedness. The upcoming town forum is an ideal place to start this process if it is not already part of your Malibu playbook.
Private wildfire preparedness is impossible, however, if public agencies don’t level with residents on the degree of their own preparedness. The biggest reality check is an honest assessment of what kind of agency response a resident can expect in a firestorm. Is it possible to look at a map and say that, given one set of conditions, the odds might be 60 percent for one home, while the house at the top of a steep, narrow road might only score 38 percent? People need honest answers about this. Officials can try to say that it’s impossible to predict in the abstract, but fire experts make probability assessments all the time. Also critical is a clear explanation of evacuation procedures. Can there be mandatory evacuation if the law does not require a citizen to leave his home? How is that reconcilable with Corral Fire report assertions that evacuating residents impeded the flow of fire department equipment? The fire department can’t have it both ways. Since wildfires don’t claim lives the way floods do, why do we not differentiate?
The bottom line is that we are the ones who will be here when the next fire strikes, not the talking heads at a town hall. We have to make clear what our concerns are and that it is our intention to act on them politically. Residents have to be prepared to pressure government for more money and equipment. Too often, a few people show up at forums, shout a bit and then it’s business as usual. If Malibuites let that happen, there will ultimately be another major conflagration in a different part of the community and the results will be just as devastating. Pack the Performing Arts Center next Wednesday at 7 p.m. and speak up for Malibu.

Federal Official Local Wildfire Preparedness in Parklands

• Interior Secretary Says Saved Houses Are Proof that Fuel Modification Program Works

BY HANS LAETZ

Interior Secretary Dirk Kempthorne was briefed on Malibu-area fire issues last week, as the cabinet officer from Washington took a quick hike along a ragged ridge above Malibu where the Canyon Fire was stopped last October.
The secretary was in the Santa Monica Mountains to talk up a federal program aimed at removing fire fuels from federal lands. While here, he was briefed on the conflicting orders given local homeowners about brush clearance and nearby environmentally sensitive habitat areas.
Kempthorne also said he would look into a California U.S. Senator’s complaint that federal officials have failed to provide promised aerial firefighting planes, and said $1.6 billion was spent between 2001-08 on reducing fuels on 10 million miles of federal lands, mostly in western states. Environmentalists have criticized federal efforts for concentrating on timber harvesting and ranching enhancements at the expense of the environment.
But the Interior Secretary said most of the effort has been to increase defensible spaces on urban-wildland interfaces, and he pointed to unburned houses along Rambla Pacifico, surrounded by singed brush, as “proof of the effectiveness of the defensible space program.”
National Park Service rangers told Kempthorne of local worries about contradictory directions from fire safety officials and Coastal Commission requirements that environmentally sensitive habitat area not be cut down even if they are near houses. “We are going to have to hear about efforts to reach a solution there,” Kempthorne said.
The former Idaho governor noted that 1.5 million acres in Florida and other drought-stricken Southeast states have burned this year. “The rising cost of fuel is certainly going to impede us this year, but certainly not on the initial attack,” he said. “Safety is our primary issue and we will get the job done.”
Kempthorne was interviewed last week while surveying fire lines on Rambla Pacifico near Saddle Peak, where flames were stopped on the eastern flank of the Canyon Fire last October. He also visited fuel-thinning projects in Chesebro Canyon, north of the 101 freeway.
He said he will look into the status of key National Guard aircraft based at Point Mugu that still do not have necessary replacement equipment they need to drop flame retardant on brushfires.
“If there is a problem with that apparatus, that is something we will look into,” said the member of President George Bush’s cabinet.
The C-130 Hercules aircraft stationed by the California National Guard at Point Mugu have been useless for firefighting for two years now, because an aircraft upgrade has left the planes incapable of loading the large cargo sleds that can hold water and mix it with fire retardant.
In addition, the sleds that have been in use for decades for fighting wildfires across western states are old and worn-out, and incompatible with the new-generation C-130s now protecting California at Point Mugu, 15 miles west of Malibu. Six C-130s are stationed at the Channel Islands National Guard Station, next to Navy Base-Ventura County.
U.S. Sen. Dianne Feinstein, D-Calif., last November demanded that the Air Force and U.S. Forest Service solve the problem before this summer. The problem still persists, and last month Feinstein demanded that the White House move two C-130s from the Midwest to Point Mugu now.
Not having the planes ready, Feinstein wrote the White House, “is contrary to a commitment” made by a White House official last November. “The result will be that tens of millions of Californians will not have access to this important firefighting resource for yet another year.”
Kempthorne said last week that the federal government is not shy about moving aircraft like C-130s, equipped with the right gear, out west in advance of hazardous fire weather events. “This is what we did last October, days in advance of the big Santa Ana events that took off [with fire] in Malibu,” he said.
But no C-130s were used during the big firestorms that struck San Diego, Riverside and Los Angeles counties last fall. Other planes, including a modified DC-10 leased to the State of California, were used in the Malibu fires.
Feinstein complained last month that the closest C-130s “are almost a thousand miles away, and it will take nearly a whole day for them to be deployable in my state.”
Kempthorne said he was familiar with the issue, which is being handled by the Defense and Agriculture departments that run the military and Forest Service, but not his Interior Department, which oversees the Bureau of Land Management and National Parks Service. Because of his lack of jurisdiction, he said he has only a passing knowledge of the issue.
An alphabet soup of various firefighting agencies was visible during Kempthorne’s visit last week, when no fewer than seven different agencies with local firefighting responsibilities showed up at Los Angeles County Fire’s Camp 8 to talk with Kempthorne.
Present were firefighters or rangers from Los Angeles and Ventura counties, the Mountains Conservation and Recreation Authority, State Parks Department, Bureau of Indian Affairs, BLM and NPS.

Council Vetoes League Play at Trancas

• Residents Make Case against P&R Panel Recommendation

BY BILL KOENEKER

It took the Malibu City Council this week about 10 minutes to approve the final version of a $30 million budget, but took over two hours to decide that league play should be banned at the proposed Trancas Canyon Park.
To be fair, there was no controversy over the budget, but a standing room only audience in council chambers attested to the importance west Malibu residents place on how the park is developed.
Homeowner association presidents spoke, former and current parks and recreation commissioners had their say, soccer moms talked to the council and neighbors vented.
At one point, a speaker asked those who favor restrictions on the sports field planned on the 13-acre property, to stand to show their support for the ban. Nearly the entire audience rose.
Council members said they have been bombarded for weeks with attempts to sway their vote on Trancas Canyon Park.
Now it was time for the five council members to tell the public where they stand.
Councilmember Andy Stern reminded those asserting the city has spent too much money on parks without ball fields that the “last acquisition was the Bluffs Park at about the time it appeared those ball fields would be lost.
“We have had eight to 10 public meetings and have consistently said and the public has consistently said, I believe, no league play. You have got to be able to rely on our word. I am 10,000 percent with you. I am against any league play at this park,” he said, to thunderous applause.
New Councilmember John Sibert said he favored the restriction. “As much as I can appreciate league play, it is kind of nice to have a place for free-range children. It is not a park just for Malibu West residents. The dog park is a pretty good idea. I think this is a pretty good plan without league play,” he said.
Councilmember Sharon Barovsky said she reminds folks that the city must meet the recreational needs of members of the community with different interests.
“The thing that bothers me. The parks and recreation department addressed all recreational needs, including seniors. The big hue and cry was a dog park. There were 700 signatures. Senior citizens are going to use this park. It is not just all about ball fields,” she added.
Councilmember Jefferson Wagner said the issue had pitted neighbors and friends against each other. He said it was important to get the neighborhood’s endorsement. “Plan B gets my vote” he said, referring to a previous workshop plan that included the restriction.
Mayor Pamela Conley Ulich, who ultimately voted for the restriction, said she had voted against it on previous occasions. She talked mostly about the council not knowing what will be needed in the future and did not want to curtail the option of league play if it is needed.
“In two years, two people won’t be on this council. In two years we can revisit this issue. In two years we can get people who support [league play],” she said.
The mayor tried to offer a motion that supported Plan B, but with conditions such as more research and further study to determine another design for the road to the 60-plus parking lot and a timeline for revisiting the plans. There were no takers.

Malibu Rescue Team Searches for Man Who May Have Wanted to End His Life

BY ANNE SOBLE

When a Sheriff’s Department Search and Rescue Team goes out on a call, the deputies are prepared for difficult finds. When they are forewarned that someone has headed into rough terrain and may plan to take his life, they steel themselves for the worst.
Friends of Kevin Gale reported him missing on May 27. They say they had reasons to be concerned. The solidly-built 50+-year-old surfer had talked about committing suicide in phone calls he made May 20. Gale’s identical twin brother had hung himself a year ago. A friend of his says he told family members he had a gun and a sword.
Even though Gale spent a great deal of time in Malibu, he resided in Santa Monica and the missing person report had to be filed with the police there.
A friend in the Serra Retreat area thinks she is the last person to hear from Gale. He called her on Tuesday, May 27. Jill Wojahn, who says she has known him for the over 20 years that they were both airlines flight attendants, somberly notes that “he sounded depressed.”
Wojahn and other friends of Gale prodded authorities for more search efforts. Last weekend, a search and rescue crew from the Lost Hills Sheriff’s Station conducted an intensive field operation in areas surrounding Serra Retreat.
Wojahn says Gale’s car was found parked on the land side of Pacific Coast Highway across from the pier, which she thinks is puzzling if he was going to visit her.
She adds that if he decided to go into a wildland area, he might have taken the Serra Canyon Loop trail or hiked from the Cross Creek trailhead. He knew both areas. That’s where searchers concentrated.
A helicopter crew reportedly made GPS contact with Gale’s cell phone over the weekend and believes it was within a quarter-mile radius of it, but then the signal stopped.
Efforts to learn whether calls were placed on the phone after he was reported missing were unsuccessful, Wojahn says. “We were told only law enforcement agencies get this information.”
On Wednesday, June 11, a group of friends, including several surfing buddies, plan their own hiking party. They say, “[We] hope to find his backpack, a sock, anything to provide a clue.”
Wojahn says Gale’s family lives on Long Island. On May 20, they and friends received an e-mail from him that said, “[People] are there for the reason you need them, [but what] we must realize is when our need has been met, our desire fulfilled, their work is done [and] it is time to move on.”
Wojahn says, “We want to see Kevin walk out of the wilderness and say that he needed some time alone.” She adds that she remains hopeful because he paid his June rent.
Gale is believed to have been wearing casual clothing, such as shorts and a flannel shirt. “He had survival skills,” Wojahn says. “He could make it.”
The investigation remains under the direction of the Santa Monica Police Department. Anyone who may have seen Gale on March 27, or later, is requested to call Detective John Henry at 310-458-8978. Information can also be relayed to 310-456-1803.

Planning Commission Vetoes Ban on Cannabis Dispensaries in City

• Recommends Limit of Three Outlets and Other Curbs

BY BILL KOENEKER

New members of the Malibu Planning Commission took their seats last Tuesday night, and the panelists quickly got down to business. On a 3-2 vote with Commissioners Ed Gillespie and Regan Schaar dissenting, the commission recommended allowing three medical marijuana dispensaries in Malibu, but with tight restrictions and regulations.
The panel heard from numerous individuals who described their medical problems and how marijuana provided relief.
Newly appointed Commissioner Jeff Jennings said he would support a regulatory approach, but with provisions that there be no on-site consumption of the drug. “I would not support only one dispensary. We do not want to create a monopoly,” he said.
The new chair of the pnael, Joan House, said she questioned eight doctors in her family about the legitimacy of medical marijuana. “Every one of them supported it. It is too bad the federal government has not come into line. If I had my preference, you would go to a pharmacy,” said House, who was adamant that no more than three dispensaries be allowed in the city.
Newly installed Commissioner John Mazza said he believes that since the drug is taxed, it can be regulated. “The taxes are important. I am for regulation rather than a ban. We can ban smoking on the premises,” he said. Mazza was referring to earlier testimony that the state Board of Equalization taxes the sale of marijuana since it is not a prescription drug. Panelists were also told patients obtain their medicine through a physician.
However, Schaar said earlier in the day she inadvertently checked out the operations of one of Malibu’s pot pharmacies where she allegedly witnessed children entering the premises, saw that nearby offices were smoky, and there seemed to be no oversight.
“I took my children to play a new video game. The moms went into another room. It filled up with smoke from the medical marijuana dispensary. This room was filled with children. It made me sick to my stomach. The kids came into the dispensary. There was blatant abuse. One of the tenants said they called the sheriff, but was told there was nothing they could do,” she said. “It has made me feel completely differently than I did this morning.”
Newly appointed Commissioner Ed Gillespie said while his “heart goes out to people who need this medication,” he does not believe Malibu is the place for dispensaries. “We are way over our heads on this one. It bothers me. No matter how you slice it, it is against federal law,” he said.
Commissioners consulted with a deputy sheriff and an advocate on the legal status of the drug that was nevertheless legalized by the voters of the state for medical purposes.
Evidence appears to be growing for the widespread use of marijuana for medical purposes. An attorney representing one of the dispensaries told the commission that the establishment has 1000 customers with a 90265 address.
Mazza first proposed a motion that the commission recommend to the city council that it approve a zone text amendment to the city’s zoning codes to conditionally permit medical marijuana dispensaries in specific commercial zones.
Jennings proposed several amendments to the motion that were accepted by Mazza, but the motion went down on a 2-3 vote.
House, who had said she would only support three dispensaries, made her own motion, including Mazza’s wording, but with the limit of three dispensaries within the city, that was approved 3-2.
The new law, if approved by the city council, precludes the location of pot pharmacies within a 500-foot radius around a church, temple, playground, park, day care or school.
Other restrictions include reguations on security and lighting, hours of operation, limits on how much cash can be kept on the premises, curbs on purchasers under 18, and operators having to undergo a complete criminal background check before they can set up a business.

Tomatoes Join the List of School Inedible Edibles

• District Takes No Chances at Year End

BY SUZANNE GULDIMANN

A salmonella outbreak that has sickened 167 people nationwide has prompted the Santa Monica-Malibu Unified School District has removed tomatoes from its school menus. Two cases of the illness have now been confirmed in California.
The suspect tomatoes, which carry an unusual serotype of the salmonella bacterium called salmonella saintpaul, were initially believed to have originated in Texas and New Mexico. New evidence suggests that the contaminated produce was grown in Mexico.
Orlando Griego, the director of food services for the SMMUSD, told the Malibu Surfside News that the school district had already pulled tomatoes from the school menu, even though all 15 schools are supplied with locally grown vegetables through a program called Farm to School, and that California-grown tomatoes have been cleared by the FDA.
Griego said that despite its local produce program, the district wasn’t taking any chances. “There’s less than two weeks left in the school year,” he said. “We can manage without tomatoes.” The district’s well-stocked salad bars offer plenty of other options, he said.
In fact, the SMMUSD spends approximately $100,000 a year on its Farm to School program, which provides the school district with produce grown by some 20 local farmers.
The nationally recognized Farm program, which just celebrated its 10-year anniversary, is the brainchild of Robert Gottlieb, a professor at Occidental College’s Urban and Environmental Policy Institute and a McKinley Elementary School parent.
Begun in 1998 at McKinley Elementary School, by 2001 the program had spread to all 15 schools in the district. Farm to School makes a salad bar of fresh locally grown produce available to students and staff daily, along with nutritional education, instruction on salad bar etiquette, and school farms.
Today the program has become a national effort to connect schools with local farms and produce. According to local farm advocates, the current salmonella outbreak, and other recent food scares that have led the U.S. Academy of Sciences this week to announce that vegetables and fruits are the “leading vehicles” of food-borne illness in the United States, highlights the need for locally grown produce, and local accountability, instead of reliance on imported produce that may not meet local criteria for health and safety.

• The Publisher’s Notebook •

Call Control and Malibu Drivers

BY ANNE SOBLE

I still recall some of the irate e-mails, telephone calls and faxes I received when I would “editorialize” about the need to curtail cell phone use by drivers of moving vehicles. My favorite ones were from the people who “reluctantly” agreed that, yes, there might be other drivers who cannot juggle complex communications with Pacific Coast Highway rush-hour traffic, but they certainly weren’t among them. It’s fascinating how people can rationalize that others might be in need of monitoring, but they most certainly are not. These I-can-drive-and-talk-at-the-same-time types would “never” have been involved in the 1100 California vehicle crashes directly blamed on hand-held cell phone use in 2007. Cell phone use may have played an indirect role in thousands more. Those irate responses will essentially be moot on July One when the first legislative attempt to regulate cell phone use in moving vehicles takes effect. I say first because I and many others in public policy, law enforcement and the medical profession think that it does not go far enough. We think that traffic safely remains compromised until all cell phone use by drivers in transit is banned.
The new law requiring that all drivers over 18 use a “hands free” setup—either a wireless unit or a hard-wired headset in one ear—is a step in the right direction, as long as it leads to greater regulation. A driver’s attention belongs on the road. Discussing what’s for dinner, castigating a youngster for coming home late, or pondering whether your cousin is having an extra-marital affair are distracting topics when you’re sitting on your living room sofa. Negotiating rush hour traffic while discussing them is suicidal. National accident statistics bear this out. Acknowledging how many years it took to get people to make seat belt use an automatic response may not bode well for cell phone regulation. Many people openly say they will ignore the law. If citation for cell phone misuse becomes as prevalent as cites for seat belt violations now are, their attitude may change. The minimum base fine for a first offense is $20, and subsequent offenses cost $50. If court costs or other fees are added, the amount could double or triple. Illegal calling could get costly.
Also taking effect on July One is the law prohibiting drivers under 18 from using any type of cell phone while driving. This is excellent. Young drivers need to focus on the road, not be text-messaging their 100 B/GBFs. But again, there is a strong likelihood that the law will be ignored. The message that the teen risk of death-by-auto is already so high, that anything that can make a dent in the grisly data will help save lives, cannot be overstated. Still, a study on a comparable ban on teen cell phone use in North Carolina is disheartening. Young people ignored the ban on cell phones, just as they ignored curbs on speeding, as well as drinking and driving. Hopefully, California teen drivers will paint a more positive picture. But that may not occur until the same across-the-board prohibition on cell phone use applies to all drivers of all ages. Until cell phone use at the wheel is recognized for the risk that it is, Pacific Coast Highway and all of the other roads in Malibu are more dangerous than they have to be.

Latest Chapter in the Broad Beach Saga of Shifting Sand

• Nature Adds Twist to Clash Between Homeowners, Each Other and the State

BY HANS LAETZ

It may be global warming, or the lingering effects of a disastrous attempt to build an illegal protective berm three years ago. Or it just may be the natural ebb and flow of nature.
But whatever the cause, Broad Beach is no longer broad, and for the first time in 10 years, multimillion dollar houses on Malibu’s western end are in jeopardy of washing away, a city official said.
Sandbags have been stacked by some residents at their homes, but this may be worsening the serious sand erosion in front of neighboring houses. And in at least one case, sand was scooped out from the dune in front of one house to fill sandbags next door.
“This is the worst I’ve ever seen, and we’ve been here since 1965,” said one beach resident who declined attribution.
Piles of sandbags and other stopgap measures have been placed in front of some beachfront mansions, particularly at the western end of the beach, where about 30 homes have in some cases lost nearly all of the natural sand dune that had kept waves away for decades.
“Last week we became aware that there is sandbagging going on out there on a massive scale,” said City of Malibu permits coordinator Gail Sumpter.
High tides and big waves on Monday advanced to within a dozen feet of some houses, where the last homes to be swept out to sea were the pair that were lost during the winter storms in the 1997-98 El Niño. Most of the threatened mansions were built after the 1978 brushfire burned numerous summer cottages and small homes at the west end of Broad Beach, although the dunes that have just disappeared are visible in pictures taken in the area in the 1940s.
A heavy south swell early this week drove waves into the dune, which had collapsed, creating vertical cliffs in some cases above six feet tall. At high tide Tuesday afternoon, advancing waves smacked into assorted plastic linings, sandbags and sand cliffs, leaving no room for beachgoers’ blankets.
Waves were also ricocheting off some fortified lots, creating channels in the wet sand that appeared to increase erosion at neighboring properties. Some new sandbag revetments appeared to have caused older sandbag piles to collapse.
City officials were on the beach last week, warning residents and workers that emergency coastal development permits must be obtained before wave-control or erosion-prevention devices can be installed. Only dire emergency property protection can be done without a coastal permit, and even then emergency permits must be obtained immediately after the installation, said Sumpter.
Permits will not be granted unless an engineer signs off that the project will not harm the public beach or private adjoining land, Sumpter said.
“Our coastal engineer tells us she is concerned that some workers were removing sand in a way she thought was not helping the overall situation,” she said.
“But if someone is doing something that is saving their house right at that minute, I can’t tell them to stop,” Sumpter said. Protecting oceanfront land or saving beach dunes does not count, she said.
“I’m not going to tell somebody to stop work designed to protect their houses from the immediate danger of falling into the ocean,” Sumpter said.
In some cases, residents say they think their neighbors are stealing sand to fill illegal sandbags. On Sunday, a work crew near the public access path at 31300 Broad Beach Road was observed digging up a property owner’s sand dune to fill about 500 sandbags, which were then being stacked in front of a neighboring house.
“When I asked these guys what they were doing, they just ran off down the beach,” said the concerned homeowner. “They knew they were not supposed to do that.”
That man, who has lived in the same Broad Beach home for 28 years, now has a large hole in the sand dune that formerly protected his property. “I called the sheriff, and a deputy said to call the city.”
California Coastal Commission officials have told Malibu that they will be handling Coastal Act violations in the area, because the law gives the state enforcement responsibility if a violation occurs seaward of the mean high tide line. The city is handling violations above the high tide line, on private property.
“If structures are threatened, Malibu’s Local Coastal Plan does allow for the armorization of beaches,” said Pat Veesart, the enforcement officer at the CCC’s Ventura office. “But not their yards, and not their playhouses.”
Like others, Veesart is mystified why the Pacific is munching into the sand dunes during the calm summer wave action, instead of during winter storms. “The sand should be accreting this time of year, not washing away,” he said.
The Coastal Commission has heard allegations that illegal modifications at Lechusa Point, including the piling of sand into a sea cave, have prevented sand from washing through the cave and down the beach to replenish sand that washes from Broad Beach, past Trancas Beach, to Zuma Beach. The latter two beaches are at their normal widths this summer, lifeguards said.
“There’s no proof of that, of course, but everyone on the beach seems to have their own opinion about what is going on,” Veesart said.
The sea cave has been impassable for several months, although people used to be able to crouch through it at low tide. It sits in front of the concrete mansion owned by Sam Zell, the new owner of the Los Angeles Times, whose home is not threatened by the sand shortage.
Complicating the situation is the fact that the mean high tide line is not a permanent survey mark. The curved line between homes and the State of California’s beach moves as sand migrates. That means the state could now claim ownership of the newly eroded areas, letting nature accomplish what decades of beach access litigation could not.
And looming in the background is 2005’s sand berm fiasco, when the Trancas Property Owners Association hired bulldozers to build a berm along Broad Beach without city or state environmental studies or building permits.
Media reports gleefully pointed out that the net effect was that a private homeowners group had scooped publicly owned sand into a berm, extending their private property out to sea and destroying the beach. The association had to flatten the berm, but some beach access advocates say the ebb and flow of tides there has never been the same.
No evidence, however, has been presented as the matter heads to possible litigation. The Coastal Commission has been in negotiations with the TPHA and residents over fines that could total more than $400,000.
Did the illegal berm create erosion three years later? “I’m not qualified to comment on that,” CCC’s Veesart said. “But several members of the public have told me that they feel that is the cause.”
The TPHA has hired a marine engineer to come up with an emergency beach stabilization plan. The group’s officers could not be reached early this week.
Beachgoers at midafternoon Monday had no place to put their towels, as no dry sand could be found along Broad Beach.
One pair of tourists sat eating their lunch in one of the public accessways, glumly looking at waves spraying vertically in the air as they smashed into sandbags on either side of what has become a public access gully.
“We have to leave because there is no place for our kids to play in the sand,” said Malibu native Rulen Jorgenson, now a Utah resident. “I’ve been coming here all my life, and I’ve never seen it anywhere near this bad.”
“It just looks like hell, with sandbags everywhere,” he said as he loaded beach toys into his car.


CAPTION Photo credit, MSN Photos/Hans Laetz

SANDBAGGED—The fortress of sandbags on the right appears to be all that’s left of what once was a neighbor’s protective sand dune at Broad Beach. A work crew that reportedly was filling sandbags on Sunday with sand in front of the house next door ran off when the homeowner complained. The Pacific is shifting inland and threatening houses on the west end of Broad Beach, leaving many ocean experts stumped.

City Negotiates Point Land Buy Terms

• How to Use 10-Acre Site Could Prove Contentious

BY BILL KOENEKER

On a 4-0 vote, with Councilmember John Sibert absent, the Malibu City Council last week approved sending City Manager Jim Thorsen back to the negotiating table over possible acquisition of a nearly 10-acre lot in the Point Dume area.
The property is located on the landside of Pacific Coast Highway near Heathercliff Road. Tucked between agricultural acreage and a theatrical production company, the parcel owned by a longtime Malibu family is listed at $4.9 million. The site is currently used as a plant nursery.
There was a mixed reaction when the public commented about the proposal at Tuesday’s meeting.
Land use consultants, who represent the owners of the La Paz, who are currently seeking a development agreement with the city that includes a city hall on its shopping center property, said the city’s acquisition of raw land and subsequent buildout would not be cost effective for the municipality.
“I feel like the jilted bride. You have not had a hearing for La Paz, and you are already flirting with a young new property on the westside of Malibu,” quipped Don Schmitz, who represents the landowners.
However, it was Susan Tellem, who recently ran unsuccessfully for city council, who posed the strongest opposition to the west Malibu purchase. “The property is rural, you should not be rezoning it and putting cement there,” she said, while citing traffic safety and other issues.
“Turn it over to the people. It is a fertile piece of property. We could grow our own fruits and vegetables as a cooperative. We could look at all the concrete of a city hall, or [look at] vegetables and fruits,” Tellem said.
However, Daniel Stern, the president of the Boys and Girls Club of Malibu, urged the city to explore acquiring the land and partnering with his group to provide a teen center. He said the group’s current location couldn’t accommodate high-schoolers. “This place is a terrific idea. A teen center has to be someplace. This is a wonderful opportunity worth pursuing,” he said.
A Pepperdine University library spokesperson told the council that if the site is chosen for a library, the city would have the support of the school’s library for programs and assistance. “We could partner with the city for different programs and offer library resources,” said Amy Hunter.
Whether the site would be ideal for a library, a city hall, teen center or ball fields, as another speaker advocated, caused a debate among council members.
“I will not support a main library up at that end,” insisted Councilmember Sharon Barovsky, who said she was not opposed to buying the property, but rather was opposed to “how we are going about it. What is the price? I want to see it all in writing. Let’s stop and think about what we are doing. It could be appropriate for a teen center. There is a logic to that. The schools are up there.”
Councilmember Andy Stern said he was “fundamentally and totally opposed” to the proposal. “It is just wrong, It is not what we decided to do. I don’t think the use belongs there,” he said.
Councilmember Jefferson Wagner said, as the newest member on the council, he was seeking answers rather than expressing opinions. He wanted to know how much space the city needed for a city hall and was told “at least 30,000 square feet,” by the city manager. Wagner asked how much space was being taken up now at City Hall and was given the figure of 17,000 square feet.
The council member also wanted to know how much building area the Point Dume site could provide. Thorsen said he did not know for certain, but it could possibly be 60,000 square feet to 80,000 square feet.
Wagner was also told it might cost anywhere from $400 to $600 per square foot to put up a building. He asked if whatever the city plans could be built, or installed, in phases and was told yes.
Mayor Pamela Conley Ulich said it was good the council is discussing what have been the city’s priorities for years and reminded her colleagues that the city currently is paying rent for a city hall and in the next 10 years would spend up to $8.5 million in rent.
“We might as well take the money and burn it,” she said as Barovsky interjected, “Or take La Paz’s offer” of a development agreement that includes donated city hall quarters.
The mayor said the city is currently planning on spending over $5 million for two parks in Las Flores and Trancas Canyon and noted that neither have ball fields for regulation play.
“We can walk away, and we can do nothing. I would rather see the council explore options. This is a step in the right direction,” she said.
Barovsky replied, “I’ve never heard of buying property and not knowing what the use is for. I agree with Susan Tellem and Don Schmitz. We have to decide what it is for.”
Conley Ulich was asked what she wanted to see built on the property, but the mayor demurred and said she wants to know what the community wants. “I will get more comfortable when I know what the teens want,” she said.
After a brief debate about where the population center of Malibu is, Wagner said the population growth is in the west. The council agreed with a Barovsky motion to instruct the city manager to meet with the property owners and come back with a price in writing. “We can do that in closed session,” Thorsen said.
Administrative Services Director Reva Feldman suggested the council think in terms of what uses are revenue neutral and which are not, for example, uses like a library or city hall.
If the city separates from the county library system and purchases the vacant land, municipal officials could build a library using $2 million set aside by the county and then would receive an ongoing stream of revenue from property taxes earmarked for the library.
Similarly, if a city hall is built, there’s a nearly $2 million building fund earmarked for a new city hall and the revenue stream for paying back acquisition and construction costs could come from replacing the rent the city currently pays at about $700,000 per year. No nest eggs or revenue streams exist for a teen center or other uses.

Annual Summer Beach Report Shows General Improvement for Local Waters

• Only One Malibu Beach Makes Top Ten ‘Worst’ List

BY BILL KOENEKER

Heal the Bay’s annual report on the health of the state’s coastline offers Malibu a good news, bad news scenario.
Only one local beach made the top ten beach bummers list. That is in sharp contrast to some years when several Malibu beaches made the list. The Marie Canyon drain at Puerco Beach, which did make the list this year, did so, according to Los Angeles County officials, because a stormwater treatment plant that was to remedy the situation broke down after the fires and has been offline since then. Repairs for the facility are expected to be completed by next month.
The eighteenth annual report indicated Malibu had some very good stretches of clean ocean water quality.
“There were some stretches of very good to excellent summer water quality in western Malibu from Leo Carrillo to Topanga with the exception of Marie Canyon drain at Puerco Beach,” the report states.
However, poor grades for year-round dry weather were received in Paradise Cove, Escondido Creek, Marie Canyon, Surfrider Beach and Big Rock Beach.
Overall for the entire state, the 2007-2008 annual beach report showed the best overall water quality on record, according to the Heal the Bay. Most California beaches had very good water quality, with 330 of 379 locations receiving very-good-to-excellent grades for the year during dry weather.
The environmental organization noted that overall improvement was most likely due to the historic drought experienced during the past winter.
However, Los Angeles County still had the state’s lowest grades, with only 71 percent, but that marked a solid improvement from last year’s grades, according to Heal the Bay.
One of the reasons that Los Angeles County had the worst water quality grades in the state, according to the group, is that the county is one of the first in the state along with Humboldt County to modify its monitoring program to collect samples directly in front of flowing storm drains and creeks.
Also new for the past beach season was every beach from the Ventura County line south to Palos Verdes was mandated to meet state beach bacteria health standards 100 percent of the time from April 1 to October 31.
The compliance came and went and two of Malibu’s beaches still had elevated bacteria levels above the threshold—Surfrider and Marie Canyon. Dischargers are subject to fines of over $10,000 per day per violation.
Last March, the Los Angeles Regional Water Quality Control Board sent strongly worded notices of violation and orders to 20 cities, including Malibu, to clean up those beaches. The municipalities are threatened with fines of up to $10,000 per day per violation. Heal the Bay said the action marks the first time nationally that a regulatory body has threatened fines to ensure cities’ compliance with beach bacteria limits.
The report also noted the consistently polluted waters of Paradise Cove because of runoff from Ramirez Canyon and what it alleges is pollution from the Paradise Cove mobilehome park.
“The park has been in violation of water quality laws for two decades. Two time-scheduled orders have been violated and the required rebuild of the on-site wastewater treatment facility is still not fully operational and in compliance with the requirements nearly one-and-half years after the latest deadlines,” the report notes.
Heal the Bay complains the enforcement efforts by the Los Angeles County District Attorney’s office and the RWCQB have also been foiled. The group states those missteps send a signal to polluters about the lack of consequences for their actions.
Heal the Bay is starting up a new text messaging service that will allow ocean users to get real-time water quality grades right on the spot.
The environmental organization provides grades for more than 500 beaches. They have decided to kick off an ad campaign with news spots and billboards at 30 lifeguard towers in Los Angeles County, many placed in Malibu.
The sign warns the water could be “icky” and then posts a text code for that specific beach that a mobile user could type in to get information.

• The Publisher’s Notebook •

Malibu Wildfire Alerts: Gearing Up

BY ANNE SOBLE

The new fire station with powerful communications equipment on Malibu’s western flank is almost completed and ready to begin operation. It will provide a much-needed emergency resource along the vulnerable local coast during what could easily become another year of record firestorms accompanied by the kind of personal loss that increasingly impacts the residents of the wildland environment in which we dwell. Even though much of the firefighting process is dependent on nature—especially temperature, humidity and the almighty wind—success in battling out-of-control flames is largely defined by equipment. From state-of-the-art night-flying helicopters to the humble-but-critical picks and shovels of the hand crews, firefighting equipment must be a top governmental priority in an era of year-round wildfire seasons predicated on climate change.
In a positive step forward, the governor and state and local emergency agency personnel are following through on recommendations of the Blue Ribbon Commission Task Force to add 150 new engines to California’s firefighting equipment cache. This week marked the arrival of the first five new engines in Southern California. The governor said, “The [engines] will boost our ability to respond to emergencies and help put out fires while they are still small. They can also be deployed quickly to the front lines of an emergency because they are being kept in our most vulnerable communities and in the hands of local personnel.” The trucks are equipped with a shorter wheel base for use in wildland-urban interface fires, such as Malibu’s, as well as other kinds of emergencies. Another five engines are due in Los Angeles County this month. Five more will be added this summer in Northern California, keeping in mind that this equipment responds to firefights wherever they occur in the state. Most of these new engines are special wildland trucks.
Accomplishing the goal of adding another 130 or so trucks quickly won’t be easy at $250,000-plus per truck. Whether the governor’s Emergency Respon