Malibu Surfside News

Malibu Surfside News - MALIBU'S COMMUNITY FORUM INTERNET EDITION - Malibu local news and Malibu Feature Stories

Wednesday, October 29, 2008

Malibuites Get Ready to Make Their Voices Heard

• Local Voter Registration Is Slightly Above 2004

BY ANNE SOBLE


Depending on which day one starts the countdown, there are only a few days left before Malibu voters join the ranks of Americans across the nation and take part in the quadrennial recurrence of the most amazing exercise of democratic power the world has ever known.
There can be no illusions about the perfect nature of any system that seeks to count millions of votes quickly and accurately, but the American electoral process works well and is universally honored despite the occasional glitches and abuses.
A greater number of local residents than ever before are believed to be among those casting the record number of absentee ballots now being reported by the Los Angeles County Registrar-Recorder/County Clerk’s Office.
RR/CC’s Dean Logan said that the county’s voter registrations “reached a milestone this month with 4,149,229 registrants on file, and that number continued to increase before registration closed last week. Los Angeles County has the highest number of registered voters in any county elections jurisdiction in the country.”
In L.A. County, Democrats make up 51 percent of registered voters, 25 percent are Republicans, and 20 percent decline to state party preference. Four percent align with minor parties.
In the City of Malibu, there are currently 3788 registered Democrats, 2680 Republicans, and 1700 decline-to-state, or independents, with the rest of the total of 8701 voters registered as American Independent Party, Green, Libertarian, Peace and Freedom, and Nonpartisan.
In unincorporated Malibu, or Malibu Heights, as the area is designated by the RR/CC, there are 2132 registered voters: 751 Democrats, 676 Republicans, 517 DTSs, and the remainder allocated among the five smaller parties.
Since the 2004 Presidential Primary, there has been a slight increase in local Democratic registration, a comparable decline of Republican registrants, and the percentage of voters choosing to decline to state a party choice has increased.
Malibu’s older demographics don’t reflect the countywide surge in voters between the ages of 18 and 25. Malibu Heights, which includes the Pepperdine University campus, showed only a modest increase overall.
“With the phenomenal interest in the election,” Logan predicted, “voters may experience longer lines or wait times at polling places than in past elections. Where possible, voters are encouraged to vote midday when lines are likely to be shorter.”
Additionally, Logan cautions that election night results reporting could be slow due to the unprecedented number of ballots.
“We want to emphasize accuracy and efficiency over expediency, and we will work as long as it takes to properly gather and tally all the votes cast,” he said.
Although the election night focus will be on the White House, Malibuites also will be monitoring local and state matters on the ballot. When these are close, counting can take even longer.

Wastewater Studies in Civic Center Area Halted by City

• Council Debates Impact on RWQCB

BY BILL KOENEKER


In what has become a high stakes poker game between Malibu city officials and the Regional Water Quality Control Board over the fate of the Malibu Lumber shopping center, municipal officials played their cards openly this week in an effort to get the complex open as quickly as possible.
At the behest of Councilmember Sharon Barovsky, the council was poised to kill the groundwater monitoring study in the interest of financial responsibility and stop all other studies related to wastewater in the Civic Center.
Members, including Barovsky, appeared persuaded by their consultant’s presentation on the critical need for the groundwater study to continue. They were also told that only $60,000 would be saved if it was stopped now.
Barovsky said she was ready to table any attempt to halt the groundwater study, but wants the council to reject spending over $2 million for additional wastewater studies and designs needed to go forward with a Civic Center wastewater treatment plant. The council agreed to do just that.
Barovsky said she wants to be cautious about discretionary spending, given the state might strip cities and counties of revenue because of its economic woes.
She said she does not want to commit millions of dollars to wastewater studies if the state is going to raid the city’s coffers.
Though she voted with the majority, Mayor Pamela Conley Ulich did not seem convinced about that argument.
“I thought we were doing phase one [stormwater] and two [wastewater]. Doesn’t it look like we are not going forward?” asked the mayor, in a reference to the regional board demanding to know how the city is going to handle wastewater discharges in light of what they called overcapacity of the Civic Center water table.
Earlier, the city’s consultant said he did not think that was necessarily true, as the matter is complicated. He said what is important is collecting more data in the Civic Center to determine what is really going on with the groundwater table.
The thorny matter erupted recently when the Regional Water Quality Control Board expressed their concerns, and then threatened to take away the city’s discharge permitting authority over the Malibu Lumber shopping center and possibly other projects. The matter is up for review when the board is scheduled to meet on Nov. 13.
Councilmembers John Sibert and Jefferson Wagner both said they thought the city’s action would seem a reasonable and prudent financial move to make.
However, Conley Ulich remained unconvinced. “I think we should be going forward,” she said.
Sibert responded, “We are talking about paying as we go.”
The mayor said she thought an assessment district would pay for the design and construction plans for a wastewater plant.
The city manager said not for the upfront costs.
“But how are you going to explain this [to RWQCB]?” the mayor asked.
“We will tell them we cannot afford it,” answered Barovsky. “I don’t think this is a problem. We are way ahead in the monitoring study.”
Wagner added the monitoring study is very valuable and the modeling used has no biases. He predicted it would be accepted by the regional board.
The mayor then discussed how the site selection process could be resolved if the proposed development agreement with La Paz, the planned shopping and office commercial center, allowed the city to utilize a 2.3-acre site for a centralized wastewater plant.

School Board Candidates Say Malibu Discontent Is a Misperception

• Observers Take Wait-and-See Attitude about Impact of No Local Representation on Board

BY SUZANNE GULDIMANN


For many Malibu residents, the blitz of political mailers that clog the mailbox in the days leading up to the election is the only exposure they have to the candidates for local races such as the school board. An informal survey of Malibu residents conducted by the Malibu Surfside News reveals an overwhelming apathy about the outcome of the race, with most, unsurprisingly, unable to name the candidates.
Malibuites, faced with the reality of a school board without a Malibu representative, have a choice between four Santa Monica residents—two incumbents and two new faces—who are running for the three seats in the Santa Monica-Malibu Unified School District on the Nov. 4 ballot. Kathy Wisnicki, the only Malibu resident on the board, chose not to run for reelection. Ralph Mechur, the incumbent for a fourth seat, is running unopposed, and consequently does not appear on the ballot.
Incumbent Jose Escarce, the Geffen professor of medicine at UCLA, was elected to the Institute of Medicine, a division of the National Academy of Sciences, earlier this month. He is seeking his third four-year term on the school board. The other incumbent, Maria Leon-Vazquez, is also seeking a third term. In addition to her eight years on the school board, she has worked with the district for 30 years.
The other two candidates, Ben Allen and Chris Bley, are running for the first time. Both men attended district schools and graduated from Samohi. Allen is a recent graduate of the UC Berkeley law school. He spent the previous year as the UC student regent and has been an active volunteer in the Democratic party. Bley teaches government and history at a school in Brentwood, and has served in the Peace Corps and also has been active in the Democratic party.
Bley, who says he entered the race because of his concern over special education issues, has focused much of his campaign’s attention on Malibu. He is the only candidate not to have received the endorsement and campaign support of the powerful and influential Santa Monicans for Renters Rights. However, Bley has raised over three times as much money as the other three candidates combined. At the start of the month Bley had a total of $19,591. Leon-Vazquez had $5016, followed by Allen with $4700, and Escarce, with $3500.
Allen, Escarce and Leon-Vazquez have received endorsements from SMRR, although Escarce, seen as having run afoul of Santa Monica special education parents, initially missed endorsement by one vote. The SMRR board overruled the general membership and endorsed him.
Leon-Vazquez, Escarce and Allen can expect to receive a share of the $90,592 raised by SMRR, in addition to the amounts raised individually. There is no limit on the amount an individual can contribute to school board candidates.
Concerned with the performance of the current school board, a newly formed grassroots education organization in Santa Monica called Leadership Effectiveness Accountability Direction (LEAD), has “enthusiastically” endorsed Allen but only “recommended” Escarce and Leon Vazquez.
No Malibu organization has stepped forward to endorse candidates in this race.
A Malibu forum sponsored by the League of Women Voters and the Santa Monica-Malibu PTA Council, was sparsely attended—the event took place on a week day morning—but offered Malibu residents an opportunity to question candidates about their views on Malibu issues. All of the candidates except for Mechur attended the event, which is being shown on Malibu Public Access Channel 3 daily through Nov. 4.
The election comes at a time when Malibu education activists, unhappy with what they perceive as a Santa Monica-centric district, are looking once again at the possibility of creating a separate Malibu school district. The lack of a Malibu resident on the board is being seen as a catalyst for some in the movement.
However, the district has actually faced a public relations problem with Malibu residents for years, and the perception by Malibu parents and advocates that the district tends to ignore Malibu, despite the fact that high property values and high owner occupancy rates make Malibu property owners an essential source of school district funding.
All four candidates have addressed the divide between the district’s two communities. At the Malibu forum, Leon-Vazquez called the perception unfair, and argued that it is created by parents, rather than by the Malibu students who “receive a great education.”
Escarce agreed, saying that while he can understand how the perception exists, he “believes it is inaccurate.”
Both of the challengers, Allen and Bley, while also referring to the problem as perceived rather than actual, have taken a stronger stance. Both have said participation is key, and have advocated a stronger board presence at Malibu events.
The candidates who win will be part of the board faced with the responsibility of selecting a permanent superintendent for the district.
They will also have the task of attempting to reconcile the Santa Monica and Malibu halves of the district, or risk the possibility that Malibu’s apathy will transform into a secessionist rebellion.

Mayor Backs Away from New Laws on Paparazzi

• Council OKs Task Force Link on Web

BY ANNE SOBLE


Mayor Pamela Conley Ulich’s solo volunteer campaign to try to control paparazzi activity in Malibu—above and beyond the more than 50 local and state laws that already curb miscreant behavior—culminated in an announcement to city council colleagues that she “is not recommending the city draft new ordinances at this time.”
Her suggestion that the city create a formal paparazzi ad hoc committee, as noted in her written report on the agenda, did not come up at Monday night’s meeting.
Barring a local panel on the subject, Conley Ulich got approval for placing a link to the Web site of Los Angeles City Councilmember Dennis Zine’s Regional Paparazzi Task Force, a non-legislative panel that tries to publicize the celebrity-paparazzi entanglement to sometimes scoffing media coverage, on the city’s site.
The council also approved the inclusion of the one-page “Citizens Guide,” a list of laws on trespass, vehicle code citations and other violations sometimes attributed to overzealous paparazzi in the next city Parks and Recreation Guide. The complete Citizens Guide was printed in the Oct. 9 issue of the Malibu Surfside News.
City staff was asked to request that the Los Angeles County Sheriff’s Department consult with the Beverly Hills Police Department on how it handles “hot zones,” commercial venues where paparazzi congregate. The Chamber of Commerce will also be involved in this discussion.
Of possibly greater community interest was the first public indication that Supervisor Zev Yaroslavsky, Santa Monica College officials and Sheriff Leroy Baca are “working on shared use of the former substation location [in the Civic Center area].”
Councilmember Sharon Barovsky announced the talks after the mayor asked for support for the substation’s reopening. Barovsky said, “I think that will happen.”
Baca is openly lobbying for the local facility, but Yaroslavsky had been equally vocal in opposition.

Corral Canyon Fire Survivors File Lawsuit against the State

• Complaint Alleges Park Officials Allowed Fire’s Start

BY BILL KOENEKER


Corral Canyon residents, whose homes were destroyed or damaged in the 2007 fire that torched their area last year, filed a lawsuit against the state last week.
“We filed two causes of action,” said James Devitt, who has teamed up with the well-known firm of Engstrom Lipscomb and Lack to take on California.
The lawsuit accuses the state, which owns Malibu Creek State Park, where the fire started during a party in “the cave,” of allowing a dangerous condition and creating a nuisance. There is no mention in the lawsuit about how much damages the plaintiffs seek. Devitt said they have filed claims worth $472 million.
“It is not a class action suit. We call it mass action,” added Devitt.
The state has 30 days to respond to the complaint, and Devitt said it will probably file a demurrer.
The complaint alleges that canyon residents, concerned about the frequency of parties and bonfires in the cave and surrounding areas, notified the state on multiple occasions in the years and months before the 2007 fire.
The complaint goes on to allege the state did not take appropriate measures to reduce the fire risk.
The legal brief points out that the state is mandated by its own policies that “every reasonable precaution shall be taken to reduce or eliminate existing and potential hazardous, dangerous and defective conditions, if any, which are sources of injury to persons and property. It was reasonably foreseeable that uncontrolled access to the cave and surrounding areas presented substantial risk of injury to surrounding properties, given known regular late-night parities and bonfires in this area of the park. The dangerous condition of the state property as described herein was a substational factor in causing the Corral Fire and the damages and losses suffered by plaintiffs as a result of the fire.”
The lawsuit alleges officials allowed the fire hazard to persist despite the state’s knowledge that “the seriousness of the hazard outweighed the social utility of allowing the condition to remain as it was.” Hence, the dangerous condition of the state property as described was a substantial factor in causing the fire, which was responsible for destroying, or severely damaging, the canyon residents’ homes, according to the complaint.
“We feel we have both elements covered, and we are prepared to follow that up to the end of an appeal,” Devitt added.
The Malibu attorney said Engstrom Lipscomb and Lack is not only well known in legal circles. In the film “Erin Brockovich,” small-town local attorney Ed Masry enlists a large plaintiff’s law firm. In real life, as in the movie, he turns to Walter Lack.
Notwithstanding the film’s focus on Brockovich, in real life it was the expertise of Lack and his colleagues, as many in the legal community will attest to, that powered the successful outcome of the true story.

School District to Host Special Ed Fall Forum

• Emphasis Placed on Collaboration

BY SUZANNE GULDIMANN


The Santa Monica-Malibu Unified School District has announced that it will be introducing a series of “major special education initiatives” within the next month to address special education in the district, according to a press release.
SMMUSD interim Superintendent Tim Cuneo described this project, known as the SMMUSD Special Education Collaborative, as a partnership between the district’s Special Education District Advisory Committee and the SMMUSD PTA Council Special Education Committee.
The initiatives have been created in response to the results of the March 2008 independent evaluation of the district’s special ed program by the consulting firm, Lou Barber and Associates.
“I see such potential in this district to provide superb Special Education services in a truly collaborative fashion. It is my mission, along with the firm commitment by our board of education, to do just that,” Cuneo stated.
The collaborative includes the new special education services parent handbook developed by SEDAC in response to the Barber Report. The handbook will debut at the Special Education Fall Forum in Santa Monica, on Nov. 15.
“The Parent Handbook is designed to help parents and/or guardians of children with a disability work effectively and collaboratively with the District and their school, and to help them support their child’s effort to complete his or her school program in order to be prepared for adult life. It also provides information about families’ rights and responsibilities to better prepare all participants to work together effectively to assist students,” a press release stated.
The handbook will cover subjects such as criteria for eligibility, types of disabilities and services, assessments, frequently asked questions and—as a boon not only to parents but to lay persons and journalists—a guide to deciphering the bewildering alphabet soup of special education acronyms.
“The handbook is going to be a wonderful resource for our parents,” Cuneo told the Malibu Surfside News. We’re inviting all special education parents, and general education parents, too, if they would like to attend.”
The event “will provide information and support to parents and staff in an informal, social setting. It is intended to be ‘a time for sharing information and resources for families with children who receive special education services,’” according to a press release.
Cuneo explained to The News that the forum will involve “breakout sessions” based on the grade levels of the children to show parents how to use the handbook and “navigate” the sometimes complicated special education system.
The Fall Forum will take place at John Adams Middle School, 2425 16th Street, in Santa Monica, between 8 a.m. and noon. Malibu parents are welcome and encouraged to attend.

La Paz Revisions Get Green Light

• City Hall Traded for Wastewater Facility at New Center

BY BILL KOENEKER


With barely a quorum, the Malibu Planning Commission last week on a 2-1 vote, with Commissioner Joan House dissenting, voted to recommend the city council accept changes to the proposed development agreement between the city and La Paz developers that would allow a wastewater treatment facility for the Civic Center area and other municipal uses, while extending the five-year timeline to develop the property to 10 years.
Commissioner Regan Schaar was absent, and Commissioner John Mazza recused himself.
Last month, the city council reviewed the proposed commercial project that includes over 130,000 square feet of retail and office space and directed the staff to negotiate a revision in the development agreement relating to public benefits regarding the 2.3 acre parcel, which originally was to be considered for a city hall.
The revisions, which required commission consideration, also opened up future use of the parcel to “any municipal purpose, including a city hall, library, community center, water quality infrastructure, park or open space.”
House, who previously did not favor a larger project or the city hall development agreement and had led the charge when the panel refused to hear the wastewater revisions sought by the developer, would have nothing to do with the proposed agreement because it included a city hall proposal. House insisted Malibu’s zoning codes do not allow for this and charged this was a backdoor way to allow it.
“I will make a motion to approve a recommendation if we delete a city hall in the development agreement,” said House, whose motion was not seconded.
Commissioner John Mazza, although he recused himself, testiffied as an individual, and urged the commission not to approve the agreement for a different reason. He said the document before them is incomplete and the planning panel did not have enough information to vote on the revisions, even though he endorsed what the council wants to do.
However, Commissioner Jeff Jennings brushed aside Mazza’s and House’s concerns, saying that the commission had a narrow charge to just consider the revisions. “I did not even look at the draft agreement. We are not approving this development agreement. All we are talking about is if other uses other than a city hall can be included. The only question is unlimited municipal uses or just the city hall,” said Jennings, who insisted the panel was only being asked to decide whether the revisions made it a better or worse agreement. “It seems absolutely clear that it makes it a better agreement,” he added.
Commissioner Ed Gillespie, who voted with Jennings, said he wanted to be clear that was the case and was told by the assistant city attorney and planning staff all that mattered was the commission’s recommendation on the revisions.
“You won’t see the final development agreement, unless there are more substantive changes,” said Assistant City Attorney Greg Kovacevich.
“We do not need to address the development agreement except [for] the changes. That is all we are here for,” said Gillespie.
There were others who came to testify, including two lawyers representing the neighbors, who said they are still unhappy because the developer has not moved the project far enough away from their homes. They were told that was not an issue that could be addressed at this session.

• The Publisher’s Notebook •

Political Promise

BY ANNE SOBLE


Newspaper political endorsements are an anachronism dating back to the time when the public was not as well educated and informed as it is today, and didn’t have to ward off election information overload.
The Malibu Surfside News joins the two largest circulation papers in the nation, and others, eschewing endorsements. If a newspaper is to be an independent voice, it has to be independent of the political process.
Many newspapers still endorse out of an inflated sense of self-importance, or, quite possibly, to curry favor with perceived victors. These endorsements are shown by every leading study to be ineffective. Family, friends, and personal figures of authority and respect, such as clergy, outrank all other influences.
Today’s citizens eagerly express their opinions, which are primarily formed in their personal worlds by what is familiar, as well as by the same factors that influence their values, political and non-political.
Another electoral anachronism is the last week of frenzied campaigning with mass media and mailboxes saturated with political advertising that may benefit the swollen ranks of campaign consultants more than it does the candidates or issues they represent.
However, these anachronisms cannot mute the fact that change, however it is defined, is at the core of the 2008 election. Change will come, whatever the final vote count, because it is the only constant in a world where nothing is certain but uncertainty.
As humanity and technology coalesce in unintended and unexpected ways, citizens place their faith in representatives to weigh cumulative self-interests in a collective context and produce the common good. This cannot be modeled in an elegant mathematical equation. The common good is a messy jumble of variables that shift so often, it is easy to lose track of them.
Campaign rhetoric notwithstanding, elections are nothing less than the greatest leap of faith that people can take as a nation. It is a gamble on the future. As Americans know all too well, there is a high price to pay when it appears that their bets were misplaced.
The specifics of campaign electioneering often fade as the reality of governance sinks in. Platitudes fall by the wayside as the difficulty—sometimes the near impossibility—of balancing competing interests, often with limited financial resources, takes over.
Nov. 4 is a beginning, not an end. The hard work begins after the last votes are counted. Only then will Americans see whether the campaign’s political promises become the promise of the future they seek.

Grading Needed for Trancas Canyon Park

BY BILL KOENEKER


Plans for Trancas Canyon Park reveal the city is seeking approval for over 125,000 cubic yards of grading for the small neighborhood park.
The Malibu Planning Commission is scheduled to hold a public hearing on Nov. 4 to consider permits and variances for the seven-acre park that includes a multi-use practice field, half court basketball court, picnic area, tot-lot, dog park, accessory buildings, onsite wastewater treatment system, parking area and dog park.
The massive amount of grading being considered is one of the most sensitive aspects of the park development. During various public hearings, residents testified about considering the minimum amount of grading as their preferred alternative.
The planning staff report explains the reasons why so much grading is sought for approval
“Approximately 126,528 cubic yards of grading (64,615 cubic yards of cut and 61,913 cubic yards of fill) would be required to construct the project including roughly 5500 cubic yards of exported material,” the report states in explaining the need for a variance.
Municipal planners say the majority of the grading is necessary to accommodate the proposed access road and parking areas and to create a relatively flat area for the dog park and picnic site.
The proposed park would include a 1.7-acre multi-use sports field for practice only, half-court basketball court, a picnic area, a tot-lot/playground, a one-acre dog park, and a 64-space parking lot.
“The structures proposed to be installed onsite are one restroom and one storage building and seven free-standing shade structures. No habitable structures are proposed,” the report adds.
The remaining 6.5 acres would be left as existing vegetation and natural topography. Plans call for constructing the park in one phase taking about four to six months. Park hours would be from 8 a.m. to sunset. Lighting would be restricted to interior lighting for the buildings, security lighting around the buildings and five-foot tall bollard lights in the parking lot. Ball field lighting is not proposed, the report notes.

Wednesday, October 22, 2008

New City Timeline for Lumber Yard Shopping Center Opening

• Plan Is to Have Some Shops in Place for Holiday Rush

BY BILL KOENEKER


Malibu city officials this week indicated they hope the Malibu Lumber Yard shopping center, owned by the municipality and being built and operated by Richard Weintraub, will open in time for the Christmas shopping season—at least the first phase, the retail operations, with the second phase. the restaurant areas, opening sometime in early 2009.
Fulfilling that holiday wish is contingent on whether the city and the Regional Water Quality Control Board can resolve differences about who will permit the waste discharge of the center and the fate of the memo of understanding between the city and the regional board that is scheduled for possible rescinding on Nov. 13.
At its meeting next week, the city council is expected to consider several measures to curry favor with the state agency board.
The council is apparently prepared to consider fast-tracking a centralized Civic Center wastewater system by pumping more than $2.5 million into a contract with a consulting firm to plan the final design for a centralized plant for commercial properties in the Civic Center area, including preparing an Environmental Impact Report, securing a coastal permit and a RWQCB permit.
The rationale is summed up in a staff report seeking the increased amount for RMC Water and Environment which has already been paid close to $3 million for the plans that resulted in moving forward only with the stormwater treatment system.
“The final centralized wastewater treatment system design is now being scheduled to move forward. The project has trailed the stormwater project due to several reasons, including the fact that a site has not been secured for the placement of the plant. In light of recent developments with the La Paz project and direction from the council to include the procurement of a suitable site staff feels this project can move forward,” wrote Public Works Director Robert Brager, in a memo to council members.
However, at the same time, the council last week said it wanted to talk about halting wastewater studies as a cost-cutting measure in the light of the volatile economic situation.
Brager acknowledged those options in his memo, explaining the council could move forward with the contract immediately, or could wait until the lumber yard project is fully operational to obtain more revenue, although that timeline remains a question mark.
Councilmember Sharon Barovsky told her colleagues last week she wants to talk about holding in abeyance all discretionary studies for the Civic Center area until the shopping center is fully operational and more money is being pumped into city coffers. The council is scheduled to discuss that option next week.
If agreed upon, the staff could create a fund to be used for the development of wastewater projects from 50 percent of the base rent revenue.
The council could also direct the staff to begin negotiations on vacant land in the Civic Center that would be an appropriate site for the wastewater treatment plant.
If the council halts current wastewater studies, the saving would amount to $260,000, according to Administrative Services Director Reva Feldman. Essentially it would halt one study, the groundwater modeling study. That would seem to be counter-indicated by statements of the RWQCB staff, which privately and publicly talked to the city about the urgency of knowing about groundwater impacts, given the lumber yard shopping center is one of the projects next in line to discharging into the Civic Center.
According to RWCQB documents, the groundwater discharges of the shopping center might tip the scale of what is acceptable in the Civic Center and is just what the fight is all about between the city and the RWQCB. How that gets resolved is anybody’s guess until presumably Nov. 13.
Council members agreed to assign Barovsky and Councilmember John Sibert to lobby board members before the November date to bend the board members ears about what the city is willing to do to make good with the board and staff. A negotiated settlement could be reached if the city sends a clear message to the state agency.
Feldman has informed the council, in a memo, that a separate account could be funded for wastewater related studies and projects using income from the lumber yard shopping center that would equal about $462,500 per year.
The council, according to the RWCQB staff reports and memos, needs to give the staff clear direction if it indeed wants to fast-track the wastewater component.
Feldman also summed up the options the council must decide upon. “In order to complete the final design and EIR of the wastewater treatment project it is necessary that the two-acre site be identified and acquired. If directed by the council, staff will diligently pursue the availability of vacant parcels and their appropriateness to site such a facility,” Feldman added.
However, as noted by Feldman, if the La Paz development agreement proposed by the council includes a land dedication for a potential wastewater treatment facility in lieu of a city hall, then there will no longer need to be other sites for a wastewater plant.

Four Males Apprehended in Malibu County Line Chase Crash

• Suspects Fired at Pursuing Deputies While Speeding on Pacific Coast Highway

BY ANNE SOBLE


Some County Line residents say they have had enough excitement for a while. First there was last week’s potentially threatening wildfire, then they were awakened just before 1 a.m. Sunday by a reverse 911 call from the Ventura County Sheriff’s Department telling them to remain inside their homes and not let in any outsiders.
Concerned residents who contacted the VCSD for more information weren’t told that the reason for the warning was a classic car chase, complete with gunfire from the fleeing vehicle aimed at Los Angeles County sheriff’s deputies, that had come to a crashing halt in their neighborhood.
The four males in the luxury car that was allegedly carjacked from the Santa Paula area, fled the scene on foot after careening into three vehicles parked along the beach side of Pacific Coast Highway in the 46210 block.
A .30 caliber rifle was recovered from the suspects’ vehicle.
PCH was shut down from Mulholland Highway to Deer Creek Road, as a large law enforcement contingent hunted and ultimately apprehended the quartet. Two of them were reportedly caught at 2:50 a.m. and the other two at 5:15 a.m.
Three men, ages 19, 20 and 22, and a male juvenile, age 16, were booked and could face charges of carjacking and attempted murder of a police officer.
The details are still sketchy, but area residents indicated that some of the suspects were hiding in nearby brush. Two were said to have been found inside trash receptacles, including one that the owner said he had just filled with used cat litter.
Los Angeles County Sheriff’s Department Lt. Scott Chew reported that the incident began when two Lost Hills deputies observed a suspicious occupied vehicle at the closed Trancas Chevron station just after midnight Sunday. A license plate check indicated the car had been stolen earlier this month.
Spotting the deputies, the suspects drove west, reaching speeds unofficially estimated at over 100 mph before the driver lost control of the car near Yerba Buena Road.
Chew said when the men fled, Lost Hills deputies established a containment area with officers from the California Highway Patrol, Ventura County Sheriff’s Department (including an aero unit and a K-9 unit), Oxnard Police Department (with a second K-9 unit), Santa Paula Police Department, as well as Los Angeles County deputies from the Marina Del Rey Boat Detail, Lennox Station and Century Station.
PCH remained closed an additional two hours until 8 a.m. on Sunday so investigators could take the measurements and photographs required because the chase ended in a crash.

$4 Million in Funding Is Earmarked to Create SMMNRA Visitor Center

• Historic Structure to Be Refurbished

BY BILL KOENEKER


A long held dream of environmentalists and park supporters cleared one of its first hurdles, when the Santa Monica Mountains Conservancy recently approved over $2 million in matching funds for plans creating a Santa Monica Mountains National Recreation visitor center at King Gillette Ranch.
The park is located in the center of the SMMNRA and is jointly owned by the National Park Service, California State Parks, SMMC and the Mountains Recreation Conservation Authority.
Plans call for converting an existing 6900-square-foot stable and courtyard into an interagency visitor center for the NRA.
The visitor center would provide “one-stop visitor information” for all mountain park destinations. The center would include interpretive exhibits and interactive displays.
The NPS has acquired over $2 million from a federal cost share program, which requires a one-to- one match of non-federal funds that were met by the conservancy, for a little over $4 million for design and construction of the facility.
The stable building, which was designed by Wallace Neff and constructed in 1928, is described as in poor condition and has sustained damage throughout. According to park planners, in its current condition, it is not eligible for individual listing on the National Register.
The Gillette Ranch was acquired by several state and federal agencies and, given its central location in the Santa Monicas, was always considered as the ideal location for a visitors center for the SMMNRA. The park is currently open to the public though extensive filming takes place on a regular basis.
The property was once the palatial home of razor baron King Camp Gillette, who commissioned Neff to build him “a paradise on earth, California style.”
The property changed hands on several occasions, with MGM movie director Clarence Brown buying the estate after Gillette’s death. Brown built a private airstrip to fly in movie stars of the era for elaborate Hollywood parties.
However, the property moved into a new era and aura for years afterward when Bob Hope purchased the land and buildings and turned it over to the Catholic Church. It was used as a seminary for years by the Claretian Order of the Church.
In the late 1970s the site was acquired by Elizabeth Clare Prophet’s Church Universal and Triumphant, which then sold it to Soka University.
The buildings and grounds were ultimately acquired by several park agencies and opened to the public in June 2007.
Since the grounds are located almost in the geographic center of the Santa Monica Mountains, park supporters for years coveted the property for a visitors center and offices for both the State Parks agency and the NPS.
However, there were no willing sellers, and for some time proponents tried to figure out ways to wrest the property from private hands.
Following years of a bitter struggle, even including a brief condemnation of the property, Soka University officials in Japan became willing sellers, and a deal was crafted to phase out the school as federal and state officials took over the campus.

Mayor Hopes to Get Council to Join Anti-Paparazzi Crusade

• Will Seek Formation of Ad Hoc Committee Next Week

BY ANNE SOBLE


Mayor Pamela Conley Ulich wants to transfer her volunteer efforts to curb paparazzi activities in Malibu to a formal municipal ad hoc committee that will work with the Chamber of Commerce on the controversial issue involving the balancing of First Amendment rights in the community.
The mayor is going to report to the city council at its regular meeting on Monday, Oct. 27, on her participation in the Los Angeles Regional Paparazzi Task Force, which held a sparsely attended meeting in Malibu earlier this month where the group introduced it’s “citizen’s guide,” a one-page sheet of vehicle infraction and public disturbance citations with recommendations to “call the police” or an “attorney” without further clarification.
The mayor hopes to tie her de facto efforts to control what she perceives to be overly aggressive paparazzi to “the possibility of reactivating a sheriff’s substation in Malibu to bolster safety for residents and visitors alike.”
Conley Ulich also has worked for several months, mostly out of the public eye, with faculty members at the Pepperdine University School of Law in an effort to draft possible municipal ordinances to curb paparazzi activities.
The current legal situation regarding paparazzi complaints consists mainly of urging citizens to dial 911 if they feel threatened by paparazzi, or 310-456-6652 if there are non-emergency circumstances they wish to report.
Although only one elementary school has provided public testimony on ostensibly unremediable paparazzi problems, the task force is urging consideration of “whether it is appropriate to establish safety zones around schools when children are arriving, departing and playing outside in playgrounds adjacent to public sidewalks.”
Conley Ulich has downplayed concerns voiced by local journalists that these rules could impede the community press.
Also being proposed is “whether licensing provisions should be adopted to include commercial photographers, and/or whether taxes would be appropriate.”
The task force states that its primary goal is to “educate and empower the public about their rights and freedoms with regard to aggressive photographers.”
Conley Ulich will ask the council to request that the Los Angeles County Sheriff’s Department “follow up with the Beverly Hills Police Department to learn how it has protected citizens and businesses from paparazzi” even though LASD representatives have indicated they are following similar protocols and implementing all relevant ordinances.

• The Publisher’s Notebook •

In Malibu: Water Witches Wanted

BY ANNE SOBLE


More hot, dry Santa Ana winds are slated to dominate this week’s local weather conditions. The state is in a declared drought. Calls for water conservation exist at nearly every local governmental level and will become universal, if meaningful rainfall does not alter the current climate picture soon.
As was the case with recurring droughts throughout California’s checkered historical relationship with water, or lack of water, and the need to control access to water, there have always been some who claimed they could find water when all options had failed.
They are called dowsers, diviners, or water witches. Ridiculed by some, and revered by others, the water seekers no doubt have included some scammers, but there were also those individuals whose talents proved real, whether by coincidence or actuality. Those who benefited from their abilities usually chose not to question the success.
Malibu needs this talent now as it faces a season of potentially lethal conflagrations, at a time when water conservation is mandatory, not only for those in the water district, but also for those in Malibu’s hills and backcountry where wells, normally flush with water from the area’s flourishing creeks, are experiencing lower and lower groundwater tables.
Rain could be the immediate answer to these water woes, but for the fact that rain is not evident in any of the long-term weather forecasts. Even a normal rainy year might not be enough. A state Department of Water Resources official recently said so much of the state’s stored water supply has been used, normal winter rains won’t suffice to replenish the reserve.
So we’re issuing a formal call for a water witch, someone to practice the ancient art of dowsing. They may use a Y-shaped stick, or nothing at all, in their search. Scientists can say what they do about the inefficacy of the craft, water witches are in demand these days as the state’s agricultural core reels under the second year of official drought, and letting farmland lie fallow is better business than paying the high cost of bringing in water.
Just how many water witches are still around is an open question. Dowsers are not usually high profile. Many offer their services without charge, although some will accept gifts from the land they have helped.
So if there are any individuals out there with paranormal abilities, possessors of extreme sensitivity to environmental factors, or recipients of electromagnetic connections, we welcome contact. Whether we hope to find water underground, or reach up to the skies in search of rain, what we seek is nothing less than life itself.

West End Mega Mansion under Close Scrutiny by Park Officials

• Compound Would Consist of Over 33,000 Square Feet of Structures on 10 Acres

BY BILL KOENEKER


A 21,199-square-foot mega-mansion planned for a 10-acre property on Cotharin Road near Boney Mountain, high in the hills of the section of the Malibu 90265 zip code in Ventura County, is causing some concern for park officials.
The property is located on a ridgeline and is in the vicinity of several public parks.
In addition to the 35-foot high residence, plans call for an extensive residential complex. The development consists of a second dwelling unit, four accessory buildings, including a 2259-square-foot art studio, a 2288-square-foot storage building, also an art storage building, pool house, tennis court and pool totaling over 33,000 square feet of development.
Both Santa Monica Mountains Conservancy officials and National Park Service officials have told Ventura County planners that given the large-scale development proposed in an aesthetically and biology sensitive area, they require an Environmental Impact Report for the proposed compound.
A SMMC official noted there was a recent court case in the City of Los Angeles in which the judge found that there was substantial evidence that construction of a single-family residence may have significant impacts on habitat and aesthetics and could have significant geotechnical impacts and therefore an EIR would be required.
“We strongly recommend that the County of Ventura thoroughly analyze potentially significant environmental impacts, even if this is just a single-family home. The California Environmental Quality Act document should include the results of a visual impact analysis showing before and after views from public roads, existing trails, and the proposed Coastal Slope Tail,” wrote an SMMC planner.
The National Park Service agreed, “We are concerned the size of the proposed residence and structures, totaling 33,065 square feet, may potentially silhouette ridgelines and ocean views and may be out of scale with the surrounding community situated within the national recreation area,” wrote SMMNRA superintendent Woody Smeck.
Both agencies contend there will be impacts to aesthetic resources, biological resource impacts and cumulative impacts, with a need to address project modifications such as reducing the footprint of the complex by clustering the proposed buildings and reducing the size of the main residence, art studio and garage.
Park officials also suggest a need for permanent deed restrictions or conservation easements so that no other development can take place on the property in a piecemeal fashion
“Permanent deed restrictions or conservation easements are the only way to guarantee that there will be no more additional environmental impacts on the subject property and piece-mealing of the environmental analysis under CEQA,” a conservancy planner stated.
An NPS official talked about how in the general vicinity of Deer Creek Road, Cotharin Road and Yerba Buena Road increasing single-family residential development has caused increasing habitat fragmentation, with fuel modification in excess of the required 100-foot buffer. “We request the project be designed to reduce the need for fuel modification by clustering the proposed structures and minimizing the development footprint,” added Smeck.

Wednesday, October 15, 2008

Officials Feared Runaway Wildfire Had Potential to Reach Malibu

• Porter Ranch Blaze Was Headed Southwest until Wind Changes Altered Its Behavior

BY ANNE SOBLE


Powerful Santa Ana winds had already whipped one wildfire into an uncontrollable frenzy when a second fire broke out Monday morning on Oat Mountain above Porter Ranch and quickly grew as 35 to 45 mph winds, with gusts as high as 70 mph, fanned the flames.
Malibuites who know the community’s fire history joined county fire officials in recalling the Wright and Clampitt fires that also started near Oat Mountain and traveled over two mountain ranges, through Chatsworth to the ocean, in September 1970. That wildfire claimed 135,000 acres and destroyed 226 structures.
As the Malibu Surfside News went to press, the fire had claimed over 13,000 acres and at least 20 structures. More than 3000 people had been evacuated from hundreds of homes. The fire is not yet under control, but containment is expected by Saturday, as long as the wind and weather cooperate.
An all-out aerial assault, including the leased SuperScoopers that had just arrived in Los Angeles County, helicopters, and the DC-10, and intensely focused ground crews kept losses down.
A shift in winds Tuesday reduced the risk the Sesnon Fire in the Porter Ranch area would follow its 1970 predecessor. The fire, described in its first few hours as “a blowtorch we can’t get in front of” by a county fire official, took turns inland rather than march to the sea. A flare-up west toward Simi Valley was an unknown variable as The News went to press.
Though Malibu was 20 miles away from the flames, smoke and ash followed the southwest thrust of the Santa Anas before nature came to the rescue of weary fire crews and Monday night’s winds fell short of 60-plus mph forecasts.
The seriousness of the potential danger to Malibu from the Sesnon blaze was reiterated by Los Angeles County Fire Chief P. Michael Freeman at press conferences at 4:40 and 6:30 p.m. on Monday.
Freeman said, “This fire has the real potential of moving all the way down to the 101 freeway and perhaps even as far as Pacific Coast [Highway].”
“[The fire] can go from here to the ocean in a matter of two to three hours,” said Los Angeles County Supervisor Zev Yaroslavsky at a press conference, and match the the October 1978 Kanan Fire that burned 25,000 acres and 230 homes in its two-and-a-half hour push from Ladyface Mountain to Broad Beach.
The threat from Sesnon kept local fire crews on alert. County fire department spokesperson Maria Grycan said Malibu had received augmented staffing as soon as Santa Anas were forecast.
An additional strike team was staged at Pepperdine University, another in Agoura Hills, which could have been in the path of a southwest-moving Sesnon Fire, as well as one at Camp 8.
A fourth firefighter was assigned to Malibu Stations 70, 72 and 99 to assure added personnel if the crews were called out. Grycan said patrols staffed with a captain and a firefighter reconnoitered the coastal area on Monday when the danger was most acute.
Local residents were urged by county officials to monitor news reports on the fire and be prepared to take appropriate action if fire lines began to travel down traditional paths through the Santa Monicas to the ocean.
Although the Marek Fire in the East Valley posed no evident danger to the local coast before its near containment, it was a classic example of a wind-driven blaze that took its toll before firefighters could meet it head on. One fire official at the scene said, “Wind is king here, it’s dictating everything we are doing.”
The twin blazes, the first conflagrations of Southern California’s autumn wildfire season, were the largest of several that erupted across the state this week, burning over 27,000 acres from San Diego County to San Francisco Bay.
Malibu’s most devastating blaze last year, the Corral Fire, occurred in November, and many of the scars are still healing.
Local wildfires used to occur once every five or six years, even as far apart as a decade or more. They now are becoming multiple annual events in the Southland.
Malibu and other fire-prone areas desperately need rain, but most long-range forecasts are grim. Add the drought conditions to the increased frequency of Santa Ana winds, and there is the formula for repeat performances of a drama that no one wants to watch, let alone try to withstand.

Water Fight Could Lead to ‘Septic System Prohibition’

• City and Regional Board at Odds

BY BILL KOENEKER


A fight has broken out between the City of Malibu and the Regional Water Quality Control Board over the city’s oversight of its Lumber Yard shopping center. In what is considered a punitive action, the board, at a meeting on Nov. 13, is expected to consider rescinding a memo of understanding that gives the city waste discharge permitting power.
The tentative resolution, if adopted by the board next month, could result in the board directing the staff to prepare a septic system prohibition.
At the least, it could delay the opening of the shopping center by months, if not longer. and impact other commercial permits.
In September, the city notified the regional board of its intent to regulate its own discharge of the shopping center under the MOU.
Shortly thereafter, the board notified the city and Richard Weintraub, who is building the center, of its intent to issue waste discharge requirements for non-restaurant flows less than 3200 gallons per day and advised both parties that should the shopping center open without its requirements, the board might take enforcement action for illegal discharge.
A week later, the city told the state agency it intended to issue a permit for the shopping plaza under the MOU. Another week went by, and the board issued a 30-days notice letter informing the city of its intent to terminate the MOU. The city has continued overseeing the construction and permiting for the shopping center, according to RWQCB.
The give and take between the board and the city goes back several years, with each side apparently making promises about what would and could happen.
The city agreed to build a centralized plant in the Civic Center seven years ago and, after buying the Chili Cook-Off site, gave the RWQCB the impression it thought that would become what some at the time derisively named Leachfield Park.
However, further study found the site unsuitable for wastewater disposal, if the city was going to use it for a stormwater storage facility and the city moved forward with stormwater treatment at that location.
The wastewater component got put on hold while the city worked on lumber yard septic issues.
Then the city decided to discharge lumber yard effluent at Legacy Park and that led to further scrutiny by the RWQCB.
City officials originally thought they had an agreement with RWQCB officials that if they did a $500,000 groundwater monitoring study, they could proceed with the lumber yard permitting.
But when the Legacy Park EIR was recently released, RWQCB staff found fault with the elements dealing with groundwater discharge pertaining to the lumber yard and told city officials there were no studies about overall water quality impacts since the city indicated it was delaying a wastewater treatment plant and proceeding with stormwater treatment only.
During the previous year, the city and RWQCB staff had contined to meet on the lumber yard permit. RWQCB indicated they told the city about completing a groundwater study.
However, the RWQCB now says that despite the meetings between regional staff and the city, differences evolved about how that study would be conducted.
The RWQCB staff subsequently met with Weintraub in an attempt to revise the engineering designs for the shopping center to comply with state and regional water quality plans.
After an apparent agreement on the conditions required by the state agency for discharge, the RWQCB staff insists technical plans sent back to the regional staff did not meet all of the requirements and the matter is considered incomplete.
By then Weintraub and the city complained that the shopping center would not open as planned in October 2008. That is when the city reaffirmed it was going to issue a permit for the shopping center.
Now the regional board staff says it found that the “assimilative capacity of the Civic Center area is already exceeded under certain conditions. The existing onsite wastewater treatment commercial system in the Civic Center have systems which fail to adequately treat the entire volume of waste treated and which do not maintain the minimum five feet of separation.”
The tentative resolution states the city has failed to impose and enforce the board’s requirements on several different counts and the MOU could be terminated without immediate re-negotiation, and dischargers will be required to apply for permits for their discharges and may be subject to enforcement action if their effluent does not meet water quality objectives, if they did not previously receive a permit from the board, or if the permit provided by the city does not meet regional board standards.

City Finances Subject to Nation’s Volatility

• Council Members to Consider Halting Optional Studies

BY BILL KOENEKER


While Malibu city officials questioned whether the taxpayers’ money was safe and secure given the financial news of the past few weeks, Councilmember Sharon Barovsky called on the council to consider halting spending money on discretionary studies until revenue from the Lumber Yard shopping center is collected.
“We are committed to so many future projects. I would like to talk about holding in abeyance all discretionary studies until the lumber yard is opened,” said Barovsky, who got council members to agree to put the matter on the next agenda for discussion.
Since the city depends on much of its revenue from property tax and given the volatile markets including real estate, according to Barovsky, that steady revenue stream could suddenly drop if payments decline in some kind of dramatic fashion because of a reduction in property values.
Earlier, council members had called on Reva Feldman, the city’s administrative services director, for a briefing on the status of the municipality’s money in terms of what kind of financial shape the city is in.
“We are in pretty good shape,” replied Feldman, who explained that the city banks with Bank of America where its checking account is located.
Banks are required to insure 100 percent of whatever amount that is deposited in public funds, according to Feldman. “It is different than personal funds,” she added.
The balance of funds are kept by the Local Agency Investment Fund, a state-run agency where public entities can invest funds. “The funds are invested, but are very diversified. There is very little risk to city funds,” Feldman said. “It is not an area where we are investing in the high risk kinds of activity you have been hearing about.”
The city has two investments it is currently holding in addition to its investments at the LAIF, according to Feldman. The first investment of $3 million with the Federal Home Loan Bank is set to mature on April 2, 2009 and will yield three percent. The second investment of $2 million with the FHLB is set to mature on June 24, 2009 and will also yield three percent.
Feldman indicated that while those investments are not collateralized, “it is implied that the FHLB is backed by the federal government and the risk of loss is minimal.”
The majority of the city’s funds are held at LAIF, which is part of the state’s pooled money investment account. As of Sept. 30, 2008 the balance of city funds at LAIF was $19,817,803. The yield is 2.779 percent.
In a staff report to subcommittee members, Feldman goes on to explain how PMIA money is invested by the state treasurer. The PMIA portfolio consists of loans, commercial paper, time deposits, CDs, mortgages and treasuries.
Councilmember John Sibert, who sits on the council’s Administrative and Finance Subcommittee with Barovsky, said, “Still there is a lot of uncertainty. True, we don’t depend on sales taxes from big box stores.”
RWQCB INVITE
The council agreed unanimously to form a stormwater and wastewater ad hoc committee comprised of Sibert and Barovsky to make overtures to the Regional Water Quality Control Board.
Mayor Pamela Conley Ulich, who brought the matter before the council, said at various municipal meetings some staffers suggested that city officials collaborate with them.
“I requested a meeting with board members, but the executive officer Tracy Egoscue said I could not speak to them because of ex parte communication rules,” she said.
The mayor indicated she thought it might facilitate matters to form an ad hoc committee to try to deal with the matter.
The city and RWQCB have been at odds lately, and the state agency is considering rescinding a memo of understanding with the city about oversight of discharge permits. Currently, the city oversees permits for residential septic system discharges, but the RWQCB still oversees commercial permitting.
City council members and others have hinted the arrival of Egoscue, formerly the head of Santa Monica Baykeeper, has helped create a rocky relationship with the board given her previous advocacy position.
APOLOGY
Councilmember Jefferson Wagner said he wanted to apologize to any one who might have taken offense at a remark he made that was recently published in a local newspaper.
After what many considered a grueling city council hearing, Wagner told reporters, “Tonight was just like Tammany Hall.” However, Wagner now says the comment was made in jest. “I said it as humor,” he told his colleagues and others this week.
Tammany Hall is the popular term for the historic influence the Democratic Party political machine had in dominating New York City politics in the late 19th and early 20th centuries. The expression is sometimes used as a derogatory term.
Barovsky said, with laughter, the mayor did not even know who or what it was. “I thought you meant me. I’m the only one that smokes,” she quipped, referring to the smoke-filled back rooms of Tammany Hall.

Planning Panel OKs Off-Site View Corridor—$1 Million Gift Promised

• Third Change of Location (and Money) May Be the Charm

BY BILL KOENEKER


Another change of location for an off-site view corridor—this time on Big Rock Beach—and a promise of a $1 million donation for Legacy Park swayed opponents and the Malibu Planning Commission last week when the co-founder of the Hard Rock Cafe empire, Peter Morton, got approval for the complicated scheme that requires a Local Coastal Program amendment, approval by the city council and the California Coastal Commission.
Various neighbors from La Costa and Las Flores beaches, over the months, had complained and signed petitions when Morton sought to demolish a house at Las Flores Beach and, before that, an existing residence on La Costa Beach to comply with the conditions for a view corridor required by the CCC for his permit to build a mansion on Carbon Beach.
Currently, the city’s Local Coastal Program does not allow offsite view corridor mitigation, thus the need for an amendment.
Morton, explaining the million-dollar gift to the city for Legacy Park, said, as a longtime resident of Malibu, he is a supporter of environmental protection. “This will provide significant benefit to the city’s residents and visitors,” he told the commission.
Neighbors up and down the coastline, where Morton had floated his idea about demolishing a house and turning it into a view corridor, decried the idea of Morton shifting his obligations from his Carbon Beach home onto another beachfront community until he offered to do the same on Big Rock Beach near a public viewing area called Vista Point, a view corridor established by the state.
“This amendment would lessen the effect of the special condition providing for on-site view protection and cannot [be] justified by any material change in conditions. It would set a very poor precedent for those that accept conditions in order to obtain a [permit] and then attempt to evade the conditions upon which a [permit] is based,” the petition had stated.
“The possible availability of public views in other locations along the California coast does not justify Mr. Morton’s attempt to limit public views from his property, where public views were diminished by his extensive construction,” the petition added. But that viewpoint changed at last week’s planning commission meeting.
The planning panel is charged with making a recommendation about the LCPA, which must be approved by the city council and subsequently by the California Coastal Commission.
Attorney Alan Block, who was hired by one opposing homeowner and had helped spearhead the residents’ opposition, now told the commission the current arrangement could be supported. Other beachfront residents agreed.
There was reluctance on the part of some commissioners. “I am envisioning a future where the wealthiest on Carbon Beach are wall to wall and everything else is torn down. We will start losing the less magnificent portion and end up with a Chinese wall,” said Commissioner Jeff Jennings. “It is like the billionaires against the millionaires.”
Commissioner John Mazza, who acknowledged Morton’s generosity, said he wanted to narrow down the scope of the LCPA so that it would be considered special or unusual circumstances.
Mazza said he could support the request by placing restrictions, requirements and conditions on the permit, including that the property to be used for a view corridor must be adjacent to public land.
House said she was hesitant about the matter and questioned why the view corridor requirement and other conditions imposed by the Coastal Commission were not met.
Morton was also seeking an after-the-fact permit for an as-built, front yard, solid concrete wall topped with wood screen and two side yard gates and modifications to the previously approved landscape plan.
House ultimately voted against the commission’s resolution despite the many conditions placed on the application.
“I see it as a stand-alone LCP amendment without your name on it. It is tainted. If the intention is good government, it might not be the lot you provided,” House said.
In other action, the commission approved an application for a conditional use permit to allow the re-opening of the pre-existing, 1639-square-foot gasoline service station and convenience market located at the corner of Pacific Coast Highway and Webb Way. The existing station, which was built in 1957, halted operations over two years ago. Ben Poulder, of Malibu Petroleum, Inc. the applicant, who was not able to prove that a CUP had ever been issued, sought the entitlements.
No new development is proposed. Previously, 12 gasoline pumps operated onsite under a 16-foot high canopy along with a 358-square-foot convenience market with two public restrooms and three service bays.
Plans call for operating the market and gasoline pumps 24 hours a day, seven days a week. The service bays will operate between the hours of 7 a.m. and 6 p.m., Monday through Saturday.
A majority of the commission also agreed to schedule a full hearing for a new wastewater system for Malibu Country Mart instead of allowing it to proceed as an administrative permit which requires no hearing.

• The Publisher’s Notebook •

In Malibu, It’s All about the Wind

BY ANNE SOBLE


Firefighters know that the wind rules. The courageous and skilled men and women who fly the aircraft and walk the fire lines know that nature decides the destiny of the infernos that ever more frequently remind us of our fragile hold on the environment in which we dwell. The Malibu autumn mantra has always been a variant of “If it’s October, the Santa Ana winds will blow; if the Santa Anas blow, sparks will fly; if sparks fly, wildfire will follow.” This is now a year-round litany, as climate change spurs the state’s drought conditions and intensive development in the wildland interface makes fire control increasingly problematic.
However, even the most negligible incidents can illustrate the wind’s power. In what is now second nature during Santa Anas, I was out Sunday night and pre-dawn on Monday clocking winds that ranged from 25 to 60 mph. When I arrived at the newspaper offices early Monday morning, my trusty pocket weather tracker and wind meter registered gusts in back of the building at 70 mph. The wind was strong, but I’ve held my ground in comparable conditions before. I have clocked gale force blasts of 84 mph in the mountains from the safety of my car.
But I was caught off guard when I turned the corner of the building. As I reached for the door knob, a gale force blast of at least 78 to 80 mph knocked me to the ground. The wind meter landed at my side, and only swift reflexes kept it from being blown away. The two sacks of market supplies I was bringing to the office had been snatched from my left hand, and the bags and their contents were scattered across the parking lot. Some of them were never recovered. The assumption is they were carried over adjacent fences, never to be seen again.
Still sitting on the ground, I turned my back to the wind and tried to stand. The wind was just too strong. I would start to get up, only to be buffeted again. Fortunately, at that point, a colleague rounded the corner and got help. They provided a wind shield and assistance. After determining that the worst of the damage was a sore shoulder, a scraped knee, and an aubergine bruise the size of a soccer ball, the realization sunk in that the removal of a huge old tree and shoulder-high hedges to facilitate construction below the building had transformed the terminus of the Kanan Dume Road wind tunnel into a vortex. When one of the fire officials said this week, “Wind is king,” I humbly concurred.

Wednesday, October 08, 2008

Judge Dismisses Malibu’s Lawsuit in Turf War between City, SMMC and CCC

• City Attorney Claims ‘Victory’ despite SMMC Assertion that Municipal Legal Action Was Not ‘Ripe’

BY BILL KOENEKER


Both sides are claiming victory following judicial action on a lawsuit the City of Malibu filed against Peter Douglas, the executive director of the California Coastal Commission, over his decision to allow the Santa Monica Mountains Conservancy’s LCP amendment override to proceed.
The court found that the “preliminary determination that the proposed LCP qualifies for the overide process was but one phase of an administrative process that has to yet run its course.”
The conservancy, in a press release, claimed the court “effectively dismissed a lawsuit” filed by the City of Malibu to stop the Coastal Commission from considering the SMMC’s proposed amendment to Malibu’s LCP.
However, City Attorney Christi Hogin contends that this is a victory for the city because “the city’s purposes in the lawsuit were served, and we are satisfied.”
The city had argued that the Coastal Commission override regulation that authorized the Conservancy to file the LCP amendment directly with the coastal agency also authorized the executive director to make the final decision that the amendment meets criteria required to file directly with the commission.
The court disagreed, sustaining a demurrer to the complaint on the grounds that the city must proceed through the administrative process before going to court.
Laurie Collins, chief staff counsel for the SMMC, suggested that, as a regulatory body, the City of Malibu should have known that its case was not ripe, meaning it was too soon to file litigation.
Hogin defended the action she took, saying the lawsuit was filed “in an abundance of caution because the Coastal Commission’s own regulations say that the director’s determination is ‘final’ and generally a ‘final’ administrative decision must be challenged within 60 days.”
Hogin said that, as a result of its legal action, the city established its rights without additional need for litigation while concurrently addressing the administrative proceedings.
The city had filed a writ of mandate to challenge Douglas’s determination that the Conservancy’s park plan was eligible for an override procedure or what Hogin called “the fast track.”
The city attorney said she was concerned that if the city did not file suit, it might have waived its objections to the “final” decision.
The Coastal Commission demurred to the complaint, saying that the city could take the matter up with the commission itself.
“The city had sued and defended the action on the grounds that the commission did not have to find the proposal was ‘unanticipated’ at the time that it hears the override proposal,” added Hogin, saying, if Douglas’ decision is final, the city would not have the opportunity to challenge it later.
The court found the issue was not ripe because the commission cannot hear the override petition unless it first determines that Douglas’ decision was correct.
Hogin said it was to the city’s advantage that the hearing put the commission’s and conservancy’s lawyers on record acknowledging that the commission only had jurisdiction to hear the override proposal if Douglas properly found that the matter was unanticipated at the time that the LCP was under consideration.
“Basically [this is] a happy ending for us, although oddly achieved by the dismissal of the lawsuit,” concluded Hogin.
The legal wrangling is over a park plan or LCP amendment sought by the SMMC that calls for overnight camping in several of Malibu’s coastal canyons.
The city removed the provisions of camping from the conservancy’s plan and forwarded the document to the coastal panel.
However, the SMMC utilized a little-known CCC policy that allows for what is called an LCP amendment override, which is what sparked the litigation.

Regional Task Force to Curb Paparazzi May Have Its Own Celebrity Issues

• There Were More Officials, Staff and Press than Public Participants at Meeting Held in Malibu

BY ANNE SOBLE


The Los Angeles Regional Paparazzi Task Force met in Malibu last week to once again vocally deplore perceived indignities suffered by celebrities and their offspring at the hands of errant paparazzi.
For most of the sparsely attended two-hour session, the 14 task force members headed by Los Angeles City Councilmember Dennis Zine, their staff, other government agency representatives, and members of the media outnumbered the public.
Not only did no celebrities attend the meeting, as some of the TV crews standing in the back not-so-quietly lamented, there was only one paparazzo, and she pointed out that celebrities and the paparazzi often work in concert, something that has not always registered with members of the task force who portray celebrities as fearing for their safety in a barrage of blinding flashes.
After task force member reports that tended to be heavy on how-glad-we-are-to-be-in-Malibu comments, the group’s attention turned to addressing problems related to paparazzi taking photos of celebrities and their children on school grounds.
The task force heard from three speakers on the school issue, all of whom expressed concerns about aggressive paparazzi behavior at or near the Point Dume Marine Science Elementary School campus.
Kelly Chapman Meyer, a former PTA president at Point Dume, read a letter from school principal Chi Kim in which she stated, “The presence of paparazzi creates anxiety in our students and creates an unsafe situation.”
Meyer was accompanied by a physical education teacher at PDMSE, Evan Moore, who said he frequently sees paparazzi loitering around the school’s perimeter, which is bounded by open chain-link fencing.
A Point Dume resident added his concern that his young child was distressed by paparazzi activity he witnesses at school.
No other local schools, despite numerous children of entertainment, sports and business heavyweights at their campuses, sent representatives to the meeting.
Commander Carl Deeley of the Los Angeles County Sheriff’s Department urged staff at PDMSE to photograph inappropriate behavior for potential use in law enforcement.
Speaking to the Malibu Surfside News after the meeting, Deeley said the fact that the Point Dume campus is surrounded by public sidewalk might necessitate privacy measures that could be beneficial to all students and help to shield outdoor events that are attended by celebrity parents.
Webster Elementary School’s use of green privacy screening around the areas of its campus open to public view is credited by school principal Phil Cott with reducing paparazzi issues at that campus, which has its share of “who’s who” offspring.
The lone paparazzo to speak at the meeting was Shaene Fanton of the Media Circuit, who bills herself as “your source to celebrity lifestyles.” Fanton criticized some of her competition, but opposes restrictions on them. She favors credentialing them, which law enforcement agencies have been reluctant to do.
The task force, which has no legislative power, concluded with a presentation by Malibu Mayor Pamela Conley Ulich that emphasized the need to enforce appropriate laws “to fullest extent possible”; and, where there are “legal shortfalls,” to try to fill them.
The group also introduced its “Citizen’s Guide” to laws related to illegal behavior that might be encountered with paparazzi (or other citizens)—a one-page flyer that is reprinted on page 13.
Malibuites encountering illegal paparazzi behavior are also urged to call the local sheriff’s department at 310-456-6652.
In addition, all interested parties are actively encouraged to consider “whether it is appropriate to establish safety zones around schools when children are arriving, departing and playing outside in playgrounds adjacent to public sidewalks.”
They are also asked “whether licensing provisions should be adopted to include commercial photographers, and/or whether taxes would be appropriate.”
In addition to the legal guide, Conley Ulich proposed consideration of “creating and using a universal symbol, which could communicate when targets are being harassed and/or verbally abused by photographers.” She suggested the American Sign Language symbol for love.
She also suggested the community “consider creating a website or other communication tool that would publish [photos or videos of] paparazzi behaving badly.”
Coney Ulich attributed the concept of what would probably quickly be dubbed “Paps Gone Wild” to a blog posting by Peter Scheer, the executive director of the California First Amendment Coalition.
However, the mayor made no reference to CFAC’s strong commitment to First Amendment protections, not only for journalists, but also for all citizens, including the paparazzi.
Commenting on the protections issue in an email to the Malibu Surfside News, Scheer wrote, “Paparazzi have the same First Amendment rights as Malibu Mayor Pamela Conley Ulich and all Malibu residents. And, so far as the First Amendment is concerned, their rights of free speech and free expression are no different than the rights of journalists.”
Scheer said, “The history of the First Amendment is rich with examples of protecting the free speech rights of jerks, bigots, psychotics, purveyors of hate speech and other people you would never want to sit next to on a bus.”
He added, “Paparazzi are in good company. As a society we protect these people’s rantings not because all speech is equally valid—it’s not—but to be extra sure we do not mistakenly censor someone who has something valuable to say.”
Scheer said because paparazzi presumably are subject to reasonable regulation of their conduct under laws of general applicability—for example, civil or criminal assault statutes—“I’ve never understood why politicians think these [laws] are not sufficient.”
In his blog article, Scheer had noted that the desire for publicity may be a factor in the convening of groups, such as this task force, to beat the drums against the paparazzi.
Scheer added that he “suggested turning the cameras back on the paparazzi because I think shaming them may be more effective than legal sanctions, and because I generally favor outcomes that are based on more speech rather than less.”
Scheer’s strong views on First Amendment protections are in accord with statements by the Los Angeles Chapter of the Society of Professional Journalists and the Southern California American Civil Liberties Union related to the issue of curbs on the paparazzi.
Barry McDonald, an associate professor of law at Pepperdine who has been informally advising the task force at Conley Ulich’s request, agrees with these groups’ First Amendment protection assessments in general, but told the panel he sees some legal leeway for regulating paparazzi behavior, especially on school campuses.
McDonald and several law school colleagues compiled a pair of binders of research and prototype ordinances that they think might withstand court challenge.
SKIRMISH SUPPORT
A rally advertised on the Internet and the Malibu Creek Plaza sign in support of two Malibu men facing misdemeanor battery charges for alleged involvement in a melee with paparazzi at Little Dume Beach in June didn’t materialize.
Skylar Peak and John Hildebrand attended the task force meeting with a small group of supporters wearing white T-shirts that said, “I Support John and Skylar for a Better Malibu.”

Arrest Ends Hunt for Suspect in Car Chase to Encinal Canyon

• Armed Man Had Leveled Gun at Cop

BY HANS LAETZ


Residents of the hills above Pacific Coast Highway near Encinal Canyon Road had a nervous early morning Thursday, when an armed and dangerous man bailed out of his car after being chased up the hill by sheriff’s deputies.
A helicopter, police dogs and numerous sheriff’s deputies in squad cars could not find the suspect, who had leveled a pistol at a Los Angeles Police Department officer in Chatsworth and then led county sheriff’s deputies on a wild chase from the San Fernando Valley to the hills above west Malibu.
The man, Weslyn Dorner, eluded deputies in the steep canyon above Malibu and somehow got a ride back to Woodland Hills, and was dropped off a few blocks from his house.
Sheriff’s deputies said they arrested the man without incident as he walked down the street toward his residence at about 10:45 a.m. Thursday.
The long night began with an attempt by LAPD officers to pull over a 1996 Honda with paper license plates at Topanga Canyon Boulevard near Plummer Street at 11:35 p.m. Wednesday on a traffic violation.
“He blew through a red traffic light right in front of one of our units in the Valley, and we pursued him,” said Lost Hills Sheriff’s Station Lt. Rich Erickson.
A sheriff’s helicopter and several patrol cars chased the Honda south on Topanga Canyon Boulevard, and then west on the Ventura Freeway. At Kanan Road the suspect turned south, and fled over the mountains to Malibu with the helicopter overhead and black-and-whites on his tail.
After turning northwest on Pacific Coast Highway, the suspect drove past Zuma, Trancas and Broad beaches, then turned north on Encinal Canyon Road. At some point the gun may have been tossed onto a roadside, but deputies have been unable to find it, Erickson said.
At 12:20 a.m. Thursday, the car then rolled to a stop about 1-1/2 miles up the hill, and coasted backwards into the front of a squad car, Erickson said.
The suspect dashed into a brushy area and evaded arrest near several homes. Police dogs and the helicopter’s floodlights could not flush him out, and, by daybreak, the patrol cars were called out of the canyon, deputies said.
Dorner was charged with traffic offenses and felony fleeing charges, deputies said.

Five More Meetings Planned on Controversial MHS Expansion

• Malibu Park Residents Voice Concerns about Impacts

BY SUZANNE GULDIMANN


In response to growing alarm from Malibu residents about the Measure BB funded Malibu High School expansion and improvement plans, the Santa Monica-Malibu Unified School District board voted to approved a total of five additional public meetings about the project at its Oct. 2 meeting in Malibu.
“What we felt was needed was more public outreach, more opportunity for the community to give their input,” said assistant superintendent Jan Maez, acknowledging that there had been a disconnect between the district and residents.
Maez stated that there will now be three meetings held before the draft EIR is completed, and two after. The first scoping session occurred last week, and was criticized by Malibu residents who complained that they did not receive sufficient advance notice and that they are being excluded from the process.
Judi Hutchinson, a longtime Malibu Park resident who was representing a group of Malibu Park neighbors, spoke out about her concerns with the project.
“I am here to say please slow down,” Hutchinson said. “[This is] an ambitious expansion plan that we feel doesn’t belong in our area,” she said, stressing the rural character of the Malibu Park area.
“When the neighbors learned about this they had many concerns,” Hutchinson told the board. “I have three pages of petitions here, signed by neighbors. They’re upset about noise, the lights on the ball field, the lights at night—we’re a bedroom community,” Hutchinson said. “The neighbors who live on Morning View describe the traffic as ‘gridlock.’” Hutchinson explained that the traffic situation is so severe that “parents, come up the back way and drop the kids off where I live [behind the school]. It’s that hard to get to the school. I’m glad that you are having more meetings. Will you keep us informed?”
Tom Griskey, another longtime Malibu park resident, also expressed concern. “It seems you should be investing in people not buildings.” Griskey said, adding that he wished the money could be invested in teachers, instead of in a project that will “ruin the view of the ocean, going to increase lights, sounds, and air pollution in the neighborhood.
I would recommend that you read the letters in the Malibu Surf\side News that came out this week,” Griskey said. “A number of the people in the neighborhood wrote letters expressing their opinions. It would be worthwhile to incorporate some of the comments, some of the thinking, of the neighbors. That school is our neighbor. It would be much more appropriate to have gardens in this neighborhood than something that looks like the prow of a boat.”
The board clarified that the project, which is funded by Measure BB, “can only be used for facilities and improvement.”
“I know we just approved $77,000 for outreach,” boardmember Barry Snell said. He recommended that at least one of the five meetings the board had just authorized be facilitated by the Malibu Park HOA. He requested that the board “not miss important voices.” Snell also asked asked the board if there was a way “to reach people who do not have children in the school district.”
“All of us have emails,” said boardmember Maria Leon-Vasquez.
“I emailed two weeks ago,” Hutchinson replied. “I only heard about it [the previous meeting] Two people who read it in the paper called me. I immediately emailed you and asked to slow down with the biological study, I didn’t see why we should put the money out without having input from the neighborhood. That was when I first found out about this whole thing. When I went to the EIR meeting I though that was only about lights on the ball field. I didn’t know anything about getting this far.”
Board president Oscar de la Torres interrupted the discussion at that point, saying that dialogue could not continue since the matter was not on the agenda He suggested that the issue be placed on the discussion agenda for the next meeting.
“I was at the [scoping] meeting [last week] said boardmember Kathy Wisnicki. “It was just the initial phase. The meeting was actually called a meeting of preparation. It really is the beginning of a very long process of completing an EIR review. For this particular project, because of some of the issues that have been brought up this evening and others that might exist, it’s been determined that the full process would be concluded.”
“As soon as possible, publish what the schedule might be,” Snell recommended.
“We need to somehow make a connection with the Malibu Park Homeowners Association, De la Torres concluded. “I think you can work with staff and the BB planning committee,” he told the residents. “The architects could come out and take you through what the entire plan is so you’ll understand all the aspects. We’ve just started the process, There will be more information.”
De la Torre recommended that residents can contact Jan Maez. “ [She] can give you direction on how to get involved so we don’t leave anyone out of the loop.”
According to Maez, there are now two forms available on the district Web site: a comment form, and an application to register to be notified of future meetings. “We really do want and value your comments,” Maez said.
The plans for the project, as well as both forms mentioned above, can be accessed at http://www.smmusd.org/. The forms are only in pdf form and must be printed and returned by post. The deadline for comments is Oct. 27. Maez can be contacted at: jan.maez@smmusd.org

First of Five Men Charged in Corral Fire Pleads No Contest

• He Is Expected to Testify against Others

BY HANS LAETZ


A man described by his lawyer as the least-culpable defendant in last November’s catastrophic Corral Canyon Fire has turned state’s evidence and will testify against his four defendants, prosecutors announced Wednesday.
Brian David Franks, who is now 28, entered a no contest plea to a felony charge of recklessly causing a fire Wednesday. Prosecutors said they would ask for five years probation, and the performance of 300 hours of community service, when Van Nuys Superior Court Judge Leslie Dunn sentences him Nov. 3.
Franks is the first to be convicted in connection with the Nov. 24, 2007, fire that claimed 53 houses and caused at least $513 million in damages. That wildfire was deemed capable of taking out houses all the way to the tip of Point Dume until a lucky wind shift blew it back on itself. One firefighter was seriously injured in the firefighting effort.
The district attorney’s office said Franks will be used as a witness against his two one-time friends, Brian Alan Anderson and William Thomas Coppock, who reportedly are deemed more responsible for the arson.
According to arson investigation reports read into the record by a judge at a bail hearing, Anderson, Coppock and Franks stole bundles of firewood and bought beer and vodka at the Ralph’s store in Malibu, and paid for purchases with an ATM card.
The trio then drove to the “rave cave” at the north end of Corral Canyon, past signs warning against open flames, and into hot, dry winds that were blowing that night in excess of 74 miles per hour, the standard for a hurricane.
Investigators believe the trio of Los Angeles men encountered recent Culver City High School graduates Eric Matthew Ullman and Dean Allen Lavorante, who had built a small bonfire in the cave to entertain their girlfriends. The three men allegedly humiliated the younger men in front of the women, and forced the two men and their dates to leave.
According to the police reports, Anderson and Coppock then got drunk and built a roaring fire with the stolen firewood, kicked burning logs out of the cave and down a cliff, and forced Franks to go down into the brush to stomp out embers. A burning pillow was also thrown at Franks, according to the reports.
Franks has a criminal record consisting of a past failure to fasten a seat belt, and has worked his entire life either at a McDonald’s restaurant near his house, or after it opened, the Starbucks across the street, and had been taken in years ago by a family that has known him since he was child.
Because he was unable to post bail, unlike the other defendants, Franks spent more than three months, including Christmas, in jail before county prosecutors agreed to release him on his own recognizance.
The Culver City men’s arraignment was postponed again last Friday, as prosecutors and defense attorneys work on a possible plea deal. Anderson and Coppock face a preliminary hearing setting hearing on Oct. 17.

Fire Claims Nick Nolte’s Zuma Canyon Residence on Tuesday

• Prompt Response Keeps Flames from Speading

BY BILL KOENEKER


A fire at the home of actor and longtime Malibu resident Nick Nolte was put out in short order by firefighters, but not before doing over $3 million in damage, according to authorities.
The blaze, preliminarily attributed to electrical causes, was called in at 11:33 a.m. and snuffed out by local firefighters by 11:59 a.m., according to Maria Grycan, a spokesperson for the Los Angeles County Fire Department.
The fire reportedly started on the first floor of the main house on the property in an office where computers were located.
The fire, according to Grycan, was contained on the first floor, but copious amounts of smoke managed to do extensive damage to the remainder of the two-story house and its contents.
Nolte was home at the time of the fire. He smelled smoke, called 911, and proceeded to use a garden hose to try to put out flames, the fire spokesperson said.
Nolte suffered some smoke inhalation and a minor cut because of broken glass.
A sheriff’s report indicated the glass was broken when the actor attempted to break a window in an effort to escape.
Nolte refused transportation to an area hospital, saying he would have his personal physician treat him. There was one other person in the house, but there were no other significant injuries, according to Grycan.
The initial estimates indicated there was $1.5 million in property damage and another $1.5 million in damage to the contents of the home.
Authorities believed that Nolte might have suffered serious smoke inhalation and possible injury if firefighters had not arrived on the scene as quickly as they did.

• The Publisher’s Notebook •

Protecting Malibu Children at School

BY ANNE SOBLE


If last Thursday’s meeting of the Los Angeles Regional Paparazzi Task Force was supposed to demonstrate the enormity and severity of the widespread problems created by unscrupulous paparazzi chasing down celebrity children and frightening their classmates, it fell short of the mark.
Of all the public and private schools in the community, only one appeared to testify, despite the obvious fact that the offspring of entertainment, sports and business heavyweights are scattered throughout the local school system.
That most of these notables don’t lead the kinds of lifestyles that fill the pages of publications or Web sites serviced by the paparazzi warrants social commentary of its own, but should be separated from the public policy issue of whether additional municipal legislation is required to rein in illegal behavior.
No one thinks irresponsible wielders of cameras in the name of the national preoccupation with the details of celebrity private lives—the more sordid the better—are poster boys or girls for the First Amendment. What is asserted is attempts to curb the protections of the errant few can impact not only the rights of all journalists, but also the rights of all individuals.
The first question that came to mind after listening to representatives of the Point Dume Marine Science Elementary School was whether they had inquired how other local schools handle the paparazzi.
It turns out that Webster Elementary School had a parent (the principal asked that we not name them) who was a prime paparazzi target for all the reasons that make celebrity media barons salivate.
The principal sat down with the parent and discussed the problem. The individual then decided to subsidize green privacy screening for the school perimeter, which not only impeded scurrilous photographers (who ran greater risk of violating trespass and other laws, if they tried to get around the screening), but also created an increased sense of security for all students. This person’s children ultimately transferred to another school, but the lesson still holds.
Instead of encouraging efforts to draft unnecessary and likely unconstitutional legislation, Point Dume school staff and parents should first consider physical changes to the campus that might alleviate their concerns. For example, the school’s fenced perimeter, which is completely surrounded by public sidewalk, could also be screened. Enhanced privacy and security would be an obvious end result.

Jeep Recovered from Malibu Canyon Bottom May Hold Clues to Double Murder

• Evidence Recovered from Crash Scene Indicates Simi Couple’s Death ‘Was Not an Accident’

BY ANNE SOBLE


A Sheriff’s Mountain Search and Rescue crew and a sizable contingent of law enforcement personnel oversaw use of a Vietnam-era Sikorsky helicopter crane to hoist a vehicle from the bottom of a 700-foot cliff on Malibu Canyon Road in the search for evidence in an apparent double homicide.
The 1999 Jeep Cherokee belonged to a Simi Valley couple, whose bodies were found near its wreckage in September 2007. Robert Callender, 63, and his wife Barbara, 62, had been reported missing by family members a month earlier.
The Callenders’ deaths were first described by authorities as accidental. Their SUV remained in the spot about two miles above Pacific Coast Highway where it had landed, and began to be assimilated by the rugged terrain.
Los Angeles County Sheriff’s Homicide Lt. Liam Gallagher told the Malibu Surfside News that suspicions surfaced not long after formal investigation got under way. “Experts studying the case began to raise questions.”
Gallagher said, “It was not an accident. We have been investigating this for over a year,” and added, “We have physical evidence we recovered at the crash site that indicates it was a homicide.”
The detective said that he could not provide any other details, but Gallagher indicated the vehicle went over the cliff “at the hands of others,” which is being interpreted to mean that the LASD believes someone may have pushed the car over the cliff.
Members of the Search and Rescue team that were lowered into the steep ravine in Sunday’s dangerous retrieval effort told The News that the remains of another half dozen vehicles are still scattered about the canyon floor.
The California Highway Patrol, the lead agency in most of the traffic accidents on local canyon roads, announced last year that it has been removing dozens of vehicle hulks from the Malibu-Santa Monica Mountains area.
CHP West Valley Public Information Officer Leland Tang said, regarding the ones that remain, “The high cost and risk to personnel involved in removing vehicles in extremely inaccessible areas has to be weighed against any detriment to the environment.”
The need to remove the Callenders’ vehicle at this point in time was mandated by the evidence it is expected to provide, according to Lt. Gallagher.
He estimated the cost of bringing the car up from its yearlong resting place to be about $12,500.

Only Malibu Board of Ed Candidates Forum Skirts Malibu Concerns

BY SUZANNE GULDIMANN


The only board of education election forum scheduled for Malibu took place at the City Hall on Monday morning at 11 a.m. The event, sponsored by the League of Women Voters, offered an opportunity for the community to ask the candidates about the issues that effect Malibu’s public schools.
Incumbents Jose Escarce and Maria Leon Vasquez and newcomers Ben Allen and Chris Bley are running to fill three seats on the board of education. For the first time in decades, Malibu is without a resident on the slate, which means that, regardless of the the outcome of the election, Malibu will be relying entirely on Santa Monica residents to represent its interests in the school district for at least the next two years, a fact that critics see as widening the gap between two already disparate communities.
Four candidates attended the debate. Incumbent Ralph Mechur, who was appointed two years ago to fill a vacated seat, is also technically running for re-election, however, because he is unopposed, his name does not appear on the ballot. Mechur attended a school board election forum in Santa Monica last month, but was not present at the Malibu forum.
Both of the newcomers to the school board race, Allen and Bley, attended district schools and graduated from Samohi. Allen is a recent graduate of Berkeley’s law school. He spent the previous year as the UC student regent and has been an active volunteer in the Democratic party. Bley teaches government and history at a school in the neighboring community of Brentwood. He has served in the Peace Corps and has also been active in the Democratic party.
Incumbents Escarce and Leon-Vasquez are both running for a third four-year term. Escarce is a professor of medicine at UCLA. Leon Vasquez has worked with the district for 30 years.
The first question cut directly to the heart of the perceived divide between the communities: “There is a belief by many in this city that with the school board that Malibu is an after thought, if a thought at all. Is this a fair assessment and what would you do as a school board member to change that perception?”
“I do not think it is a fair perception,” Leon-Vasquez replied. “The bottom line is that we have been able to give to the students here in Malibu a great education. I think sometimes the perceptions come from adults that get involved, parents that get involved in dynamics that might not be really set.” she said.
“Malibu is geographically far from Santa Monica, it is a smaller town, the administration of the district is dominated to a large extent by the folks in Santa Monica,” Allen said. “I can see why there is a perception—there sure has been a lot of issues between the cities.” Allen added that he would “really reach out to Malibu, engage Malibu,” and suggested that the new superintendent needs to be “someone who can take Malibu seriously.”
Escarce said he could understand why the perception exists, but that he believes it is inaccurate. “The important issue is that all schools be well served,” he said. “Malibu schools are exceptional schools.”
Escarce pointed to MHS’s smaller class sizes and the number of AP classes available.
“The question can’t be answered by stats,” Bley shot back, “but by communication and people coming out to Malibu, not the number of classes offered.” Bley said that “there is a perception out there that members [of the board] may or may not be showing up. When I’ve been coming out there seems to be a perception that these board members have not been coming out, and I think that’s the key. It’s not that far.”
Asked about MHS’s ongoing bus shortage and the parking and traffic impasse at the schools in Malibu Park, Escarce said he was aware that walking or biking were not options and that the only solution was to provide adequate buses.
Bley recommended a possible park and ride system in addition to increased bus service.
“I’m in favor of making the case that student parking is important, but also better bus service,” stated Allen, who said he had heard complaints about the Malibu Park area traffic situation at a recent Measure BB meeting at MHS.
“Measure BB is already looking into putting more [in] parking,” Leon-Vasquez said.
Although the Measure BB school improvement plan for MHS has been criticized for not addressing either the traffic on Morning View Drive or the overcrowded student parking lot in the center of campus.
“In my time, in my generation, we had carpools.” Leon Vasquez said, suggesting that students who drove carpools could have preferential parking.
Her proposal did not address a 2006 change in California law that requires teen drivers to have had a license for at least one year before being able to transport passengers.
A question about community concern over the proposed Measure BB expansion at the MHS campus brought some replies that are unlikely to reassure concerned residents. Leon-Vasquez stated that community concerns, including traffic and a plan for permanent field lighting, were brought to the board’s attention at last week’s meeting in Malibu. “Residents were not informed about what was being built.
We have to have these conversations,” Leon-Vasquez said. “We found out there was a HOA. We will be having meetings in the next couple of weeks or so.”
Allen said, “I hope that the folks in Malibu Park will really understand and recognize the needs of Malibu High School to grow and to continue to serve the needs of Malibu students. There are a lot of needs and a lot of fantastic improvements. You know, there’s been a school there for a long time and people knew that coming in.”
Escarce replied that “it’s important that neighbors understand there have to be some allowances. Schools sit in neighborhoods, and they effect neighborhoods. I do believe that working together there’s a very high likelihood that we can come up with something so that we understand what are the things that are worst for them, that they really can’t live with, and they can understand what are the the things that our students need.”
Bley said he concurred all around, and stated that this issue was “the perfect opportunity for the board to reach out.”
Individual questions canvassed a wide range of issues.
Asked about the lack of a Malibu representative on the board, Allen replied that this “is definitely a concern. Malibu is a part of this district, but there have been lots of tensions. It really means that the board and the district needs to go into overdrive, to engage with malibu and learn about Malibu and do right by Malibu.”
Leon Vasquez responded to a question about whether she would support a change to require at least one Malibu resident to sit on the school board with concerns about whether the OCF, state law and the City of Santa Monica charter would allow such a change. “I would certainly be willing to have this discussion,” she said. “It was a situation where it was open for Malibu to bring in a candidate, and one did not come.”
Asked about Malibu Unified School Team, a grassroots organization that is gathering signatures in a effort to form a separate Malibu school district, Bley replied, “After everything that has gone on there’s no way not to understand it, There’s no way not to understand it,” said Bley. “I’d hope they would give myself or others a chance to repair that damage. I understand why they’re doing it. I would hope they would give us another chance.”
Asked about the criteria for a new superintendent, Escarce cited “strong leadership and personnel skills.”
“We need someone who can take the vision that we want for the school district from the community, the board [and] all of the different stakeholders in the community, understand what that vision is and ensure that everybody buys into that vision.”
On Tuesday, as The News was going to press, the Santa Monica-based grassroots education advocacy group called LEAD, Leadership Effectiveness Accountability Direction, released a press release that “enthusiastically” endorses Allen, but only “recommends” Escarce and Leon-Vasquez.
“While the incumbents have made positive contributions, LEAD believes they have failed to provide leadership at key points in the past couple of years,” LEAD co-chair Debbie Mulvaney said.
The press release states that the primarily Santa Monica-based group formed because of “dissatisfaction with the performance of the School Board and the former Superintendent.”
The Community for Excellence in Public Schools organization also endorsed Allen this week, and gave full endorsements to Escarce and Leon-Vasquez.
The forum will be broadcast on the City of Malibu’s channel 3 on Saturday, Oct. 11 at 8 a.m. and 8 p.m. Starting on Oct. 13, it will air at 5 p.m. on weekdays until the election. Information on the candidates can be accessed online at smartvoter.org.

Thursday, October 02, 2008

One Corral Wildfire Defendant Enters Plea This Week

BY HANS LAETZ


A man described by his lawyer as the least-culpable defendant in last November’s catastrophic Corral Canyon Fire has turned state’s evidence and will testify against his four defendants, prosecutors announced Wednesday.
Brian David Franks, who is now 28, entered a no contest plea to a felony charge of recklessly causing a fire Wednesday. Prosecutors said they would ask for five years probation, and the performance of 300 hours of community service, when Van Nuys Superior Court Judge Leslie Dunn sentences him Nov. 3.
Franks is the first to be convicted in connection with the Nov. 24 fire that claimed 53 houses and caused at least $513 million in damages. That wildfire was expected to take out houses all the way to the tip of Point Dume until a lucky wind shift blew it back on itself. One firefighter was seriously injured in the firefighting effort.
The district attorney’s office said Franks will be used as a witness against his two one-time friends, Brian Alan Anderson and William Thomas Coppock, who reportedly are deemed more responsible for the arson.
According to arson investigation reports read into the record by a judge at a bail hearing, Anderson, Coppock and Franks stole bundles of firewood and bought beer and vodka at the Ralph’s store in Malibu, and paid for purchases with an ATM card.
The trio then drove to the “rave cave” at the north end of Corral Canyon, past signs warning against open flames, and into hot, dry winds that were blowing that night in excess of 74 miles per hour, the standard for a hurricane.
Investigators believe the trio of Los Angeles men encountered recent Culver City High School graduates Eric Matthew Ullman and Dean Allen Lavorante, who had built a small bonfire in the cave to entertain their girlfriends. The three men allegedly humiliated the younger men in front of the women, and forced the two men and their dates to leave.
According to the police reports, Anderson and Coppock then got drunk and built a roaring fire with the stolen firewood, kicked burning logs out of the cave and down a cliff, and forced Franks to go down into the brush to stomp out embers. A burning pillow was also thrown at Franks, according to the reports.
Franks has a criminal record consisting of a past failure to fasten a seat belt, and has worked his entire life either at a McDonald’s restaurant near his house, or after it opened, the Starbucks across the street, and had been taken in years ago by a family that has known him since he was child.
Because he was unable to post bail, unlike the other defendants, Franks spent more than three months, including Christmas, in jail before county prosecutors agreed to release him on his own recognizance.
The Culver City men are to be arraigned this week, Anderson and Coppock face a preliminary hearing setting hearing on Oct. 17

Wednesday, October 01, 2008

Planning Panel Sends Legacy Park EIR Back to City Staff

• Enviro Groups Blast Partial Approach

BY BILL KOENEKER


Responding to pleas by environmental groups to neither certify the Environmental Impact Report, nor give a recommendation for approval of plans for Legacy Park, the Malibu Planning Commission, with Chair Joan House absent, unanimously agreed to send back the EIR for review without further recommendations.
Mark Gold, the executive director of Heal the Bay and spokespersons for the Santa Monica Baykeeper, Surfrider Foundation and the Regional Water Quality Control Board testified that official responses to comments made by them and others were inadequate and did not address the issues, or share enough information and details about the plans.
Another expressed concern was that the city was proceeding with stormwater treatment plans without taking into account the need for plans to address wastewater treatment for the Civic Center.
The stormwater treatment components planned for the park would include a lined detention pond to collect stormwater runoff for treatment at an existing plant that was described as “overbuilt and overdesigned,” by Gold.
City staff and the consultant emphasized that they want to proceed in phases, to first implement stormwater facilities at the park and then address solution of the septic problems when the former is completed. Commission members, however, shared some of the concerns of the critics.
“I am not pleased with the Environmental Impact Report,” said Commissioner Jeff Jennings. “I understand the concern of the environmental groups that we changed the target. Legacy Park is not large enough to handle both problems.”
Jennings said he was concerned about the quality of responses to comments and thinks the staff needs to take a hard look at these responses.
Commissioner John Mazza had a slightly different take on the matter. He said he was influenced by what Regional Water Quality Control board staffer Elizabeth Erickson said about the plans.
Mazza said, “I think Ms. Erickson was very diplomatic, but without a comprehensive EIR, we can do the whole process, but it would stop dead at the doorstep [of the RWQCB],” and added, “I agree with Jeff, it needs to come back.”
Commissioner Regan Schaar said she wants a more comprehensive review of the plans to see if the integrated approach that was the genesis of the project could work. “What about expanded ponds?” she asked.
Earlier during the three-and-a- half hour session, Commissioner Ed Gillespie said he thought the plans and EIR could be certified, approved and moved forward. However, he later voted with the commission majority without elaborating on his change of views.
Much of the rest of the meeting was devoted to commission questioning of the heads of environmental groups, the consultant and municipal staff, including City Manager Jim Thorsen.
The consultant made the case that all final computations point to Jennings’ and the municipality’s conclusion that the Legacy Park property could not handle both stormwater and wastewater treatment. The city staff reiterated an intention to proceed with the stormwater component, since it found a way to accomplish this that fits all of its objectives, including habitat restoration and a city park.
However, Gold and others argued that the city and the consultant did not have all of the answers, and that wastewater was such a big issue, municipal officials could be closing the door on a possible undiscovered solution, if wastewater treatment wasn’t studied concurrently.
Everyone agrees it could take another year to two years to complete those studies.
When the dust settled, the commission provided the staff with a list of discussion items it wants expanded on, or further addressed.
Those include discussion of the hydrology studies that have been completed in the area.
Further elaboration on the worst case scenario involving natural events and how they will impact the proposed system was also requested, as was clarification of issues related to the connectivity of the Lumber Yard shopping center and the Legacy Park site.
An analysis of two additional alternatives, one being implementation of a larger detention pond and analysis of the implementation of polishing ponds was also on the list.
Commissioners also requested that staff provide a proposed timeline and cost analysis for a revised EIR, which includes a comprehensive discussion of the wastewater element and provide project plans for proposed street improvements along Civic Center Way.

Planning Panel Sends Legacy Park EIR Back to City Staff

• Enviro Groups Blast Partial Approach

BY BILL KOENEKER


Responding to pleas by environmental groups to neither certify the Environmental Impact Report, nor give a recommendation for approval of plans for Legacy Park, the Malibu Planning Commission, with Chair Joan House absent, unanimously agreed to send back the EIR for review without further recommendations.
Mark Gold, the executive director of Heal the Bay and spokespersons for the Santa Monica Baykeeper, Surfrider Foundation and the Regional Water Quality Control Board testified that official responses to comments made by them and others were inadequate and did not address the issues, or share enough information and details about the plans.
Another expressed concern was that the city was proceeding with stormwater treatment plans without taking into account the need for plans to address wastewater treatment for the Civic Center.
The stormwater treatment components planned for the park would include a lined detention pond to collect stormwater runoff for treatment at an existing plant that was described as “overbuilt and overdesigned,” by Gold.
City staff and the consultant emphasized that they want to proceed in phases, to first implement stormwater facilities at the park and then address solution of the septic problems when the former is completed. Commission members, however, shared some of the concerns of the critics.
“I am not pleased with the Environmental Impact Report,” said Commissioner Jeff Jennings. “I understand the concern of the environmental groups that we changed the target. Legacy Park is not large enough to handle both problems.”
Jennings said he was concerned about the quality of responses to comments and thinks the staff needs to take a hard look at these responses.
Commissioner John Mazza had a slightly different take on the matter. He said he was influenced by what Regional Water Quality Control board staffer Elizabeth Erickson said about the plans.
Mazza said, “I think Ms. Erickson was very diplomatic, but without a comprehensive EIR, we can do the whole process, but it would stop dead at the doorstep [of the RWQCB],” and added, “I agree with Jeff, it needs to come back.”
Commissioner Regan Schaar said she wants a more comprehensive review of the plans to see if the integrated approach that was the genesis of the project could work. “What about expanded ponds?” she asked.
Earlier during the three-and-a- half hour session, Commissioner Ed Gillespie said he thought the plans and EIR could be certified, approved and moved forward. However, he later voted with the commission majority without elaborating on his change of views.
Much of the rest of the meeting was devoted to commission questioning of the heads of environmental groups, the consultant and municipal staff, including City Manager Jim Thorsen.
The consultant made the case that all final computations point to Jennings’ and the municipality’s conclusion that the Legacy Park property could not handle both stormwater and wastewater treatment. The city staff reiterated an intention to proceed with the stormwater component, since it found a way to accomplish this that fits all of its objectives, including habitat restoration and a city park.
However, Gold and others argued that the city and the consultant did not have all of the answers, and that wastewater was such a big issue, municipal officials could be closing the door on a possible undiscovered solution, if wastewater treatment wasn’t studied concurrently.
Everyone agrees it could take another year to two years to complete those studies.
When the dust settled, the commission provided the staff with a list of discussion items it wants expanded on, or further addressed.
Those include discussion of the hydrology studies that have been completed in the area.
Further elaboration on the worst case scenario involving natural events and how they will impact the proposed system was also requested, as was clarification of issues related to the connectivity of the Lumber Yard shopping center and the Legacy Park site.
An analysis of two additional alternatives, one being implementation of a larger detention pond and analysis of the implementation of polishing ponds was also on the list.
Commissioners also requested that staff provide a proposed timeline and cost analysis for a revised EIR, which includes a comprehensive discussion of the wastewater element and provide project plans for proposed street improvements along Civic Center Way.

Regional Paparazzi Task Force to Meet in Malibu on Oct. 2

• Two-Hour Session Is Slated for 4-to-6 p.m. at MPAC

BY ANNE SOBLE


What started out as an unofficial public meeting has transitioned into a session of the Los Angeles Regional Paparazzi Task Force that is now scheduled for Thursday, Oct. 2, at the Malibu Performing Arts Center from 4 to 6 p.m.
According to an announcement, the meeting will explore “adoption [of] a citizen’s guide for dealing with aggressive paparazzi; review specific legislation targeted at protecting school zones; explore the feasibility of licensing the paparazzi; and determine the next action steps” to address what is described as reckless and illegal behavior.
The public session is expected to provide the first opportunity for public comment on five draft ordinances that are part of a package of regulatory materials prepared for City of Malibu use under the direction of faculty members at the Pepperdine School of Law.
The RPTF is a non-legislative, multi-city panel whose members have been openly critical of the paparazzi and call for stringent local laws to curb their actions in the public arena.
The meeting also may serve as a rally for local residents and surfers who want to show support for Skylar Peak and John Hildebrand, the two Malibu men facing misdemeanor battery charges following a widely publicized skirmish between beachgoers and paparazzi on Little Dume Beach in June.
The pair are slated for arraignment on Oct. 14 in Malibu. A multi-website campaign is urging the pair’s supporters to attend the meeting in a show of solidarity for the two longtime locals.
The Malibu Performing Arts Center is located behind Malibu City Hall on Stuart Ranch Road.

View Protection Task Force Now Has Special Consultant

• Expert Has Experience Mediating View Disputes

BY BILL KOENEKER


The View Protection Task Force Committee met last week, and it formed a subcommittee to work closely with the consultant hired to help facilitate the group.
“It was an amicable meeting,” said Chair Sam Hall Kaplan, who made the comment in reference to a published report and apparent city council concern that a previous panel meeting was “vicious and contentious.” “There was no contention,” Kaplan insisted.
Committee members were introduced to Coleen Berg, a consultant hired by the city at the direction of the council members to help facilitate the meetings and provide direction.
Berg has worked as a view restoration mediator for the city of Rancho Palos Verdes for several years.
The task force agreed to form a subcommittee to work with the consultant in formulating the salient issues for any view protection law.
Because of a scheduling conflict, the committee met in the City Hall conference room and the meeting was not videotaped.
Videotaping was the second of two conditions imposed on the panel by the council so that all the meetings could be broadcast for public viewing.
The committee also heard from the public, with some members expressing concerns about privacy if trees or shrubs are removed to re-establish blocked views.
However, other public testimony reminded the panel that an advisory measure, reflecting the wishes of 67 percent of Malibu voters, indicated that a view protection ordinance should be a priority for the city, and discussed how ocean and mountain views have been compromised by the growth of vegetation.
A dispute resolution mediator by training, Berg is described by Rancho Palos Verdes city officials as being successful in helping parties negotiate private agreements. Most view restoration cases consequently have been resolved at the mediation level. A municipal staff report states that only two of the 18 view restoration cases filed since 2005 had to be formally resolved by the planning commission representing about a 90 percent success rate.
The city had previously used volunteer mediators, but contended the drop of their success rate warranted hiring a paid professional.

• The Publisher’s Notebook •

Civic Constraints

BY ANNE SOBLE


Life can be described as a series of scheduling conflicts, even in the best of times. Malibu’s calendar reflects this, with a lot going on simultaneously one weekend, and little, or nothing, the next. For example, a wildfire expo, sheriff’s station open house and the annual coastal cleanup were part of what was on tap two Saturdays ago. This weekend, there’s the eco festival, the Methodist Church pie fest, an art association exhibit, and more.
The 2008 Presidential election is historic on a number of counts, and the importance of an informed citizenry as the cornerstone of the democratic process is a no-brainer. So why is the Santa Monica-Malibu Unified School District board holding one of its all too few Malibu meetings on Thursday, Oct. 2, during what may be one of the most interesting vice presidential debates ever?
Even if the VP debate doesn’t offer anything to match Lloyd Bentzen’s classic riposte to Dan Quayle’s inflated self-appraisal, a lot is at stake. Since the first Presidential debate wasn’t on a par with the talents of the riposte-meister himself, Ronald Reagan, some sparks are sorely needed.
On the City of Malibu calendar, the meeting of the Los Angeles Regional Paparazzi Task Force is set for 4 to 6 p.m. It doesn’t end, if it indeed even ends on time, until the start of Thursday night’s debate. The meeting’s conclusion may depend on how long TV news crews hang around to give the participants the publicity they hope to reap from the meeting.
Even more of a conflict for potential debate watchers is the city’s scoping session on the Crummer property at Malibu Bluffs that is set for 6 p.m. If anyone laments the lack of interest on the part of the community, will the reason be obvious?
No TV crews are required for locals to enjoy a dose of Presidential politics close to home when two Pepperdine professors, Douglas Kmiec (an Obama supporter who took flak for this stance because he is Catholic) and Robert Kaufman (a McCain supporter dealing with other faith-based issues) debate such hot topics as abortion, gay marriage, immigration and education on Monday, Oct. 13, from 7–8:30 p.m. at Smothers Theatre. The free program is open to the public. Of course, that event conflicts with a Malibu City Council meeting, but usually only special interests show up for them.
Scheduling conflicts notwithstanding, people who regard politics and religion as topics that are off-limits in civil conversation are missing some of the best verbal exchanges around.

• Personal Perspectives •

FLYING THOUGHTS

By Dick Van Dyke


I’d like to say a few words in tribute to a cricket who lives in my garden. Unlike the hundreds we had when we first moved here, he was the only one who showed up this year. He sings his little heart out trying to make it sound like a summer night.
It’s sad. My heart goes out to him. Like the Mariposa butterfly who flits madly around the flowers, trying to pretend it’s the annual invasion of former years.
There’s one dragonfly, who I think has thrown in the towel. He makes a couple of passes over the pool in the morning, then we don’t see him anymore.
We had a bee early in June, but he fell in the pool and drowned. Wouldn’t it be funny, if, next spring, we weren’t here either.
Still, we have three flies in the kitchen who do a pretty good job of pestering my wife.
I found a nice environmental CD of rain on the roof. We were using it to get to sleep at night, but the neighbors said we were running our sprinklers too late.

Are More Mid-Size White Sharks Remaining in Malibu Waters?

• Theory Suggests that Increased Sea Lion Numbers Mean More 7-to-12-Footers Do Not Leave the Area •

BY ANNE SOBLE


The traditional thinking about the presence of great white sharks off Malibu is that the warmer water temperatures and paucity of larger members of the pinniped family meant that the species headed for more hospitable climes at the end of the juvenile stage of about six feet or so in length.
However, there is growing support for the notion that an increased local pinniped population—aquatic carnivorous mammals with finlike flippers, in Malibu’s case, predominately sea lions and seals—results in greater likelihood that white sharks will remain in the area through adolescence, when they can grow to 12 feet in length and pose increased risks in human encounters.
Adult whites, 13 to 21 feet in size, prefer a diet of the larger pinnipeds, especially elephant seals, which are farther offshore and north of Malibu in a constant environment that provides optimum conditions for survival, the apex predator’s primary goal.
The latest flurry of public exchanges about the sea lion population’s connection to increased mid-size white shark presence off Malibu was triggered by a recent posting on the Shark Research Committee Web site, regarding an alleged sighting of the taking of a sea lion by a white in local waters two weeks ago.
The Shark Research Committee is a tax-exempt nonprofit founded in 1962 with an emphasis on shark behavior, especially the recording of attacks on humans. Sharks are respected as evolutionary marvels of marine predation. Their feedings are termed “predatory attacks.”
SRC is overseen by Ralph Collier, who is generally acknowledged to have extensive expertise on whites, although some academic research scientists think his emphasis on human encounters is occasionally sensationalized. However, because of his knowledgeability and ongoing research, they are reluctant to be openly critical.
Collier, who spoke at length with the Malibu Surfside News this week, says the “Jaws” component is inevitable in any great white shark discussion because the 1974 novel and 1975 film sparked intense interest in great white sharks, and activated the public perception of them.
He said the best-seller and movie also spurred intensive hunting of the whites that led to the need for laws to protect them.These laws have been in effect for the last 17 years.
Discussed in conjunction with the Marine Mammal Protection Act that he says led to the growth of the sea lion population, Collier thinks that “only in time will we see the actual cause and effect of this legislation on the balance of nature.”
Collier is fascinated with sharks and can metamorphose into a human encyclopedia when questioned about them. SRC relies on grants and fund-raising. Volunteers provide most of the sightings and other incidents posted on his blog.
The post of the Malibu sighting on SRC’s Pacific Coast Shark News Web site was subsequently picked up by a number of outdoor and marine-related blogs.
It follows verbatim:
“On September 21, 2008 Gina S. and her husband were walking along the beach below the RV park located between Pepperdine University and Paradise Cove near Malibu. It was about 5 p.m. with a sunny sky and a slight breeze. Gina reported: ‘While walking along the beach, my husband and I observed three sea lions 30–40 yards from shore with a small pod of dolphins about 20 yards to the east of the sea lions. The dolphins seemed to be remaining in the same location, possibly feeding. There was one lone sea lion at the surface about 30 yards south of the others. While looking at the lone sea lion, suddenly the huge head of a great white shark surfaced next to the seal and took a large bite out of the animal. The shark was dark grey and at least 10–12 feet in length with a dorsal fin 12–16 inches high. The attack occurred just beyond the forming waves and lasted only a minute or less. Following the initial bite, there was a lot of splashing and then all went quiet. Sea gulls began diving on the attack site, as if they were feeding. The shark submerged, and neither the shark, nor the bitten sea lion, were observed again.”
Collier postscripts the observation, as he does all of his shark reports, with, “Caution should be exercised when utilizing this location for your ocean water activities. Please report any shark sighting, encounter, or attack to the Shark Research Committee.”
When The News emailed Collier to inquire whether it was possible to speak with the woman who filed the report, he emailed back, “I have contacted Gina S. about your request and have provided your contact information.”
When Collier called The News offices this week, he expressed disappointment that the woman had not called, and said he would contact her again because he wants to eliminate any doubts people might have about the authenticity of the sighting.
Collier said, “There’s no doubt in my mind that she witnessed what she said she did.” Although most of the posted reports on his blog include last names, he said she did not want hers used.
If there are still skeptics, he said, “People need to get over the fact that white sharks are out there. They don’t want anything that upsets their notion of how things should be.”
Collier reiterated that “historically, adult white sharks have been infrequent visitors to Southern California, excluding adult females pupping in early spring.” These larger females then head north.
However, he is a booster of the theory that the growth of the pinniped population in Southern California now provides a year-round source of food supply for the apex predators in the mid-size range.
Collier directly correlates the growth with the passage of the Marine Mammal Protection Act in 1972.
Then when the movie “Jaws” came out and white shark numbers were decimated by hunting (a jaw might fetch $25,000), laws were passed in 1993 and 1997 to protect them.
Collier says, however well intentioned, these artificial protections are throwing off natural checks and balances.
The SRC founder said, “The white shark attack on Vic Calandra’s surfboard last year off Malibu suggested that at least some of the larger sharks are remaining in our area.”
The “Calandra attack” involved two paddleboarders at a competition in July 2007 who fought off a mid-size white by hitting it on the head and the nose with their paddles.
At the time, some Malibu officials expressed concern that the Monterey Bay Aquarium shark holding pen, which appears off Point Dume every summer, might be attracting larger sharks, but MBA scientists do not bait the water and obtain live juvenile whites caught by area fishers.
There were a number of witnesses to the Calandra incident, but that is not always the case with Pacific Coast Shark News postings, as the Sept. 21 Malibu sighting illustrates.
One previous posting that was challenged involved Orange County lifeguards who said a shark posting that alleged a white shark attack occurred off Huntington Beach last March was a hoax. But Collier says, “I stand by the reliability of that account.”
Collier doesn’t waver from his position that the local nutritional environment is keeping larger sharks off the Malibu coast longer. He says a recent census count for the state’s pinniped population puts it at over 300,000.
Until a white reaches about nine feet in length, it is primarily a fish feeder, with occasional carrion added to the menu. After that the pinnipeds become the menu item of choice.
The founder of the Shark Research Committee is the author of “Shark Attacks of the 20th Century: From the Pacific Coast of North America,” in which he details more than 100 attacks between 1926 and 1999.
The book includes data indicating that shark attacks can occur at any time of the day or the year, but there are months, water temperatures and activities that make them more likely. This month is one of those times.
Still, witnessed feeding attacks by white sharks are rare, let alone witnessed attacks on humans, especially in Southern California waters.
Monterey Bay Aquarium research indicates that the adolescent sharks it has released have headed south of California to warmer waters with ample food supplies.
But Collier thinks there are probably 100 encounters with white sharks every month off the Southern California coast. The humans who are involved are just not aware that they are taking place.
He urges people to trust their instincts in the ocean. ”If you’re in the water and you get an uneasy feeling, act accordingly. In my 45 years of research, attack victims nearly always say they sensed something before an encounter.”
Collier believes that no one should ever go in the ocean alone, and adds, “Don’t set yourself up to be a target; don’t wear bright colors or jewelry that flashes. Sharks have very good visual acuity.”
But as one local surfer told The News, “We know that larger sharks are out there. But considering all of the other risks in life, that’s not going to keep us out of the water.”