Malibu Surfside News

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Wednesday, December 31, 2008

Baykeeper Lawsuit Takes Aim at La Paz Enviro Impact Report

• Complaint Says City Violated CEQA

BY BILL KOENEKER


The Santa Monica Baykeeper lawsuit against the City of Malibu that challenges its approvals of the La Paz shopping center and office complex puts forth a litany of the shortcomings and failures of the Environmental Impact Report.
A copy of the complaint, which was obtained by the Malibu Surfside News this week, alleges that the city certified a “flawed Environmental Impact Report in violation of the California Environmental Quality Act [or CEQA].”
Malibu City Attorney Christi Hogin said the city had not been served yet, so she could make no comments on the complaint at this time. “It is disappointing when we end up in litigation,” she said.
A Baykeeper attorney, Tatiana Guar, told The News that the lawsuit was filed now because once an EIR is certified, it must be challenged in court within 30 days.
The Baykeeper lawsuit enumerates what it alleges are inadequacies in the EIR, including incomplete descriptions of solid waste disposal from wastewater, as well as an incomplete picture of plans for landscaping, grading, drainage and wastewater treatment for both version of a la Paz center that have been green lighted by the municipality.
“The EIR entirely fails to analyze impacts from stormwater discharges to the man-made wetlands. The EIR fails to adequately analyze flooding impacts. The EIR fails to utilize its own flooding significance thresholds. Thus, the EIR has failed to evaluate whether the project will place structures within a 100-year flood hazard area, expose people/structures to a significant risk of loss or injury or result in inundation by mudflow. In addition, by failing to properly consider the three-foot depth flood designation, the EIR fails to accurately analyze the project’s flooding impacts,” the complaint states.
The Baykeeper legal action also takes issue with how the city handled the revised EIR and insists that document has to be recirculated for further public comment.
“The revised EIR contains significant new information triggering recirculation of the EIR. The project has been substantially changed, depriving the public of a meaningful opportunity for comment, as the revised EIR adds a wastewater management system master plan and removes the onsite wastewater disposal system presented in the EIR. The [plan] calls for extensive construction of on-site and off-site water system facilities and infrastructure. The revised EIR includes substantial changes to the EIR’s project description, environmental impacts analysis, hydrology/water quality analysis, public utilities/ water impacts and the wastewater impacts which require recirculation for comment, agency evaluation and response,” the complaint adds, emphasizing the city’s failure to recirculate the EIR “is a failure to proceed as required by law.”
The lawsuit also claims the city adopted statements of overriding considerations for both projects that are contradictory to each other.
“The city failed to state in writing how specific benefits of the project will outweigh each significant effect identified in the EIR. Neither the city’s individual findings nor the statement of overriding considerations explain how or why specific benefits will outweigh each significant unavoidable environmental effect,” the complaint states.
The Baykeeper wants a judge to set aside the city’s approvals, mandate that the city comply with the EIR requirements in CEQA and forbid the developer from starting any kind of building or construction.

Business Group Asked to Come Up with Ways of Implementing Economic Plan

• Ad Hoc Marketing Committee to Investigate Proposals

BY BILL KOENEKER


The Malibu City Council recently agreed to move ahead with the economic services study by the Business Roundtable Study Group, which is looking at implementation measures of the comprehensive report.
The study group had met and discussed the report several months ago, talking mostly about how the information in the document could be utilized.
The discussions have touched on whether to establish a business enterprise zone or business improvement district or request the city require findings on commercial development projects to ensure long-term economic viability and or develop incentives based on floor area ratio scenarios.
At a second meeting, the business roundtable met to further discuss additional aspects of the study, including visitor spending, the creation of a visitors bureau and, most importantly, ways to capture what is called retail leakage, money spent outside of the local economy.
The group at that meeting in November decided that an ad hoc marketing committee should be formed, a subcommittee of the roundtable to continue investigating the document.
The planning staff, which has oversight of the matter, indicated once the marketing committee formulates implementation measures, planners will coordinate a review with the economic advisory committee’s findings prior to bringing those measures to the council.
The report left some jaws dropping, when it revealed it is estimated that Malibu families spend $276 million per year in retail establishments with 68 percent or $189 million spent outside of Malibu—retail leakage.
Visitors to Malibu also spend a great deal of money in Malibu, with an estimated $147 million spent by outsiders, folks living in the surrounding areas, tourists and day visitors.
The report states Malibu has 1479 businesses. Nine-hundred of those businesses are home occupied. The 1479 businesses produce $1.23 billion in revenue per year.
The report goes on to state there are 8900 households in the 90265 zip code and the average household income is $224,000.

ERB Weighs In on Trancas Center

• Owner Seeks to Build an Additional 25,000 Square Feet

BY BILL KOENEKER


The city’s Environmental Review Board met recently to discuss the plans for the remodel and expansion of the Trancas Country Mart.
The ERB panel reviews proposed projects and provides recommendations for planning commission consideration.
The application submitted by the owner Dan Bercu seeks approval to enlarge the shopping center by including a 25,731- square-foot addition to the existing developed pad.
The panel made specific recommendations that will be passed on to the planning panel, including the following:
The ERB recommended that the pedestrian crossing that is located on Trancas Canyon Road be evaluated for pedestrian safety. This crosswalk will connect the offsite parking lot to the shopping center.
In an interview after the meeting, Bercu said the parking lot planned across the street on Trancas Canyon Road would be used by employees and would expand parking spaces beyond the required number of slots.
“We don’t want parking along the street. The parking lot is for employees only,” added Bercu, saying that alone would cut down on the number of pedestrians crossing the street.
The panel also suggested that the fuel modification zones should not be reduced. The shopping center owner said the plans for setting back the buildings are also an effort to meet all of the fuel modification codes.
The review board recommended that the applicant plant native oak trees along the periphery of the project. “I don’t remember anyone saying that. We have a landscaping plan,” added Bercu, who said the plan’s emphasis is on native plants, but that he could see problems with planting trees on the periphery since that might impact the views of neighbors. “I don’t want to plant trees that block views along the road,” he added.
Lastly, the ERB recommended that the applicant not only correct for post- construction drainage flows but also for pre-construction drainage flows.
Bercu said that might be cost prohibitive for the pre-construction flows and insisted the remodeling would be the solution. “The remodel should resolve the runoff issues,” added Bercu, saying the new parking lot would be built with decomposed granite to allow for a non-impervious surface. He said other plans call for a portion of the parking lot near HOWS to be built of non-impervious surface. “The water going off the property will be a lot cleaner,” he said.
The plans also include 11,644 square feet of new retail space east of Trancas Creek, including grading and a new parking lot.
Currently, the owner wants to also build a 2100-square-foot temporary structure that is 19 feet in height.
A variance is sought for parking in excess of 300 feet from the retail use it serves—the parking lot planned on Trancas Canyon Road across the street—conditional use permits for the operation of each of the two proposed restaurants and two new alternative onsite wastewater treatment systems.
Bercu said, if the approval process goes without a hitch, he hopes to begin construction on the two restaurants in several months and start on other aspects of the remodeling plan by the end of 2009.

Water Board Member Cries Foul over Convoluted Reappointment Issues

• Wonders If He Is Targeted Due to Malibu Wastewater Politics

BY BILL KOENEKER


Alex Soteras, who was appointed to the Los Angeles Regional Water Quality Control Board in July by Governor Arnold Schwarzenegger, appears to have lost his seat on the panel, but says he is fighting to be reappointed.
Soteras blames his plight on politics. “Fran Pavley and Julia Brownley are trying to punish me for the Malibu permit,” said Soteras for what he contends was his work behind the scenes in Malibu getting a permit for the lumberyard shopping center.
Pavley is the state Senator for the 23rd district, which includes Malibu, and Brownley is the Assembly member representing the 41st district, which also includes Malibu. Neither the senator, nor the assembly member, were available for comment on Soteras’ assertion.
Soteras said, “I was instrumental in working with the board to vote for the Malibu permit. I had a lot of opposition from Pavley and Brownley. They were against Malibu and the application.”
The nine-member RWQCB is appointed by the governor for four-year terms. The posts require state Senate confirmation. There are currently two vacancies on the Los Angeles board.
Soteras was appointed to fill a vacancy when another board member resigned and served the remainder of that term.
When asked about the appointment, a water board spokesperson acknowledged that the Calabasas resident, who grew up in Malibu, and is considered by some to be friendly to Malibu business interests, was no longer on the board and referred further questions to the governor’s appointment’s secretary.
Deputy press secretary for the governor’s office, Rachel Cameron, said Soteras served out the rest of the term of a vacancy he filled. He was never considered for confirmation by the state Senate as required by law, because the Senate did not consider the matter.
“He can no longer serve because he cannot be appointed to another seat for 365 days,” said Cameron, who confirmed there are still two vacancies on the board.
Soteras disputes that contention and said he is waiting for the governor to appoint him to the other seat now vacant. “I expect to be reappointed,” he said.
Regional board members represent specific categories related to the control of water quality and must reside in, or have a principal place of business within the region.
Board members rely on the RWQCB staff, most of whom are engineers, geologists and biologists, to conduct the day-to-day operations of the water quality agency.
While City of Malibu officials would not talk about it on the record, privately some have acknowledged that a wedge has grown between the board and municipal staff with even the city manager making public statements about the fitness of some of the RWQCB staff.
Action by the board to rescind a memo of understanding between the state agency and the city to revoke the Malibu’s ability to issue wastewater discharge permits was considered as a tool for forcibly bringing the city into closer conformance with the wishes of the RWQCB.
That action, acknowledged by the water board staff publicly as a club, is viewed by some as further evidence of the powerful forces at play when it comes to politics in Malibu.

USGS Says Seismic Safety Is Major Issue for Offshore LNG Project

• Interior Department Agency Reports High Quake and Movement Probabilities for OceanWay Pipelines

BY ANNE SOBLE


Pipelines for the proposed OceanWay deepwater liquefied natural gas terminal to be located about 22 miles southwest of Point Dume face a 16-48 percent probability of potentially damaging earthquake impact, according to a recently released report by the U.S. Geological Survey.
The November report by a team of 27 researchers from USGS and California Geologic Survey assesses the seismic stability of the proposed project site and determines the probability of an earthquake measuring 6.5 or above on the Richter scale along OceanWay’s planned pipeline route in Santa Monica Bay to range from 16 percent at the deepwater port itself to 48 percent where the pipelines come ashore at Los Angeles International Airport.
The OceanWay Secure Energy Project—its full name—would be located in 3000 feet of water, and includes submersible buoys, manifolds, and risers. It would connect to Southern California Gas onshore operations by 24-inch-diameter pipelines about 35 miles long, ending at the LAX terminus.
OceanWay is proposed by Woodside Natural Gas, based in Santa Monica, which is a subsidiary of the Australian Woodside energy conglomerate.
The USGS team said the proposed pipelines face hazards from potential sea floor offsets because they cross at least two major and several minor earthquake faults, and also could be impacted by tsunamis, erosion, shallow gas deposit venting and pipeline settling.
The team also reviewed geologic hazards identified in a study prepared by Fugro West Inc. for OceanWay’s 2007 deepwater port application. Part of the license application process, the applicant submits a geologic hazard study that is then subject to public agency review.
The 60+-page USGS report reiterates that the federal agency does not recommend for or against energy projects, “It is the USGS’s goal to provide accurate and up-to-date geologic information for use by public policy officials involved in the approval process and for use by engineers in the design process, if such a project does go forward.”
The known hazards in the OceanWay project zone as detailed by USGS are:
• Strong shaking from earthquakes: the estimated probability of a magnitude 6.5 or larger earthquake occurring in the next 30 years within about 30 miles of the proposed pipeline ranges from 16 percent at the pipeline’s offshore end to 48 percent where it nears land. Earthquakes of this size can cause damage over a large region, such as occurred as a result of the 1994 M[agnitude] 6.7 Northridge earthquake.
• Sea floor offsets by faulting during earthquakes: The proposed pipeline crosses at least two faults that reach the surface.
• Liquefaction: this occurs when earthquake shaking causes wet and loose sandy material to liquefy, leading to horizontal displacements as large as tens of feet. This can be especially damaging to buried utilities and unsupported foundations.
• Tsunamis: these are waves caused by sea floor displacement during local and distant earthquakes or submarine landslides in the area. These waves can affect built structures on the ocean bottom and onshore.
• Sediment transport events: submarine landslides and mass movements of loose sediment and rock slurries (known as turbidity currents, debris flows, or hyperpycnal flows, depending on their specific causes and characteristics) could impact structures on the sea floor.
• Erosion or scouring: caused by sediment transport events, tsunamis, and storm waves, could expose sections of the pipeline that were expected to settle into soft sediments on the sea floor, possibly leaving sections of the pipeline unsupported (known as pipeline spanning). Shallow gas deposit venting could lead to pipeline spanning and other disruption to the facility.
• Pipeline settling: variable settling of the pipeline into sediment of differing strength could cause deformation of the pipeline.
The scientific reviewers indicated that “some hazards are not completely represented” in Woodside’s own report, as there has been new research in the interim, so “additional scientific studies are recommended to improve geological hazard assessments.”
Laura Doll, a Woodside Natural Gas spokesperson said, “The USGS was reviewing work that we had done as part of our application, and their recommendations that further reviews be included is standard fare for the EIR process.”
Doll told the Malibu Surfside News, “This study doesn’t present any new challenges to the OceanWay project. It provides more information that will be taken into account by Woodside and the agencies as we move through the review process.”
The Woodside rep added, “We expect there will be other issues that will arise as we go through the lengthy and detailed environmental assessment, and we are confident we can work with the agencies to develop appropriate responses
“California has been a leader in seismic-sensitive construction of buildings and infrastructure, and we are designing a pipeline that draws on the best information and technology to address seismic and safety issues.
“Indeed, in the event of a major earthquake that affects the Southern California region, we believe our new pipeline will be positioned to offer a reliable source of supply should the existing pipeline from the east experience an outage.”
Last week, members of a California clean energy coalition, including Pacific Environment, Columbia Riverkeeper, Santa Monica Baykeeper, and Citizens Against LNG, that has been in the fore-front of the opposition to any new LNG projects on the West Coast, said recent government reports demonstrate that projects along the lines of OceanWay are not needed. This coalition, Ratepayers for Affordable Clean Energy, or RACE, says the reports contain energy projections that show “the LNG speculative bubble is over.”
These “projections make clear that the West Coast does not need LNG,” said Rory Cox, California program director at Pacific Environment and RACE coordinator. “LNG was an inappropriate choice to begin with, and it remains so.”
Doll said Woodside “disputes the ‘conclusions’ reached by these opponents of imported natural gas. We have seen some of the same reports from the energy agencies, and their reports specifically and consistently cite imported natural gas as an important source of energy for California’s future. We do not base our business assumptions on today’s demand.”
The Woodside representative said that these groups’ views aren’t the only ones in circulation on LNG and cites a recent speech by California Public Utilities Commissioner Timothy Simon on the potential role for LNG as “the blue bridge to the new green economy.”
Simon said, “I support LNG facility buildout on the West Coast where those facilities can be sited in a safe and environmentally benign manner.”
He added, “California must address the permitting quagmire that creates enormous obstacles to infrastructure growth. We must ensure that excessive NIMBY-ism does not impede our efforts in this area, particularly given our current economic conditions, which clearly do not afford us the luxury of aesthetic debates.”
Although Simon’s train of thought was largely repudiated during the debate over the BHP Billiton Cabrillo Port project that was defeated two years ago, the current economic climate throughout the nation is giving it new life. One example is the backlash to Robert Redford’s campaign to curb energy production in Utah that has major national organizations calling him elitist and out of touch with the impact of high energy costs.
Nevertheless, numerous local elected officials are on record as opposed to OceanWay, even after the project was downsized and revised to have less impact on residential areas than when it was first proposed.
That OceanWay has not generated visible opposition on a par with the Cabrillo Port project may be due to the earlier project having been proposed for closer to Malibu, and OceanWay is still in the early stages of the approval process.
Whether the current economic climate might be a game-decider still hasn’t become a major topic of discussion. If the economy worsens, that may change.

USGS Report


FAULTLINES—The area where the OceanWay project would be located is in the middle of a jumble of earthquake faults. Los Angeles International Airport, or LAX, is where the project’s pipelines are proposed to come ashore.

Wednesday, December 24, 2008

Real Malibuites Don’t Let Gray Skies Dampen Their Holiday Fun

• There Is No Shortage of Red, Green and Blue to Help Color Community Festivities Bright

BY ANNE SOBLE


To no one’s great surprise, what is usually referred to as the weather has shown complete disregard for the human calendar. If it’s the holiday season, it must be the time for rainstorms, strong winds, record-breaking cold, or any of the other meteorological manifestations capable of messing up the best of plans.
Still, while a few Malibuites may be grousing that their ho-ho-ho is taking a beating from the series of rainstorms that appear to have lined up like martinets to rain on the local holiday parades, one only has to think about what it’s like in other parts of the country, and even if that’s where one is headed for the holidays, decide that some much needed local precipitation isn’t so bad, after all.
And rain it will. Sunday was officially the first day of winter, and it came to a close with light drizzle that started about 11 p.m. By 4 a.m. Monday morning, the showers turned into steady downpour, not of the intensity of last week’s gullywasher, but the kind of soaking that leads one to imagine outdoor plant and animal life expressing its appreciation.
The rain ceased Monday morning, then picked up again Tuesday evening and made repeat appearances throughout the week with a little more gusto, but still not intense enough to cause major catastrophes, even as it limited holiday wardrobe options and required extra protection for potluck offerings in transit.
Of course, the relatives that were supposed to be on their way to Malibu from parts of the world assaulted by powerful winter snowstorms might still be at their starting point, but few holiday seasons are immune to that.
Then there’s the need to climb ladders to unclog plugged rain gutters and patch the roof leaks that only choose special occasions to manifest themselves.
Pacific Coast Highway and local canyon roads remained slick but no serious accidents were reported as the Malibu Surfside News went to press.
This week, reports from the National Weather Service indicate it is not anticipating snow anywhere in the Santa Monica Mountains, let alone on the coast.
A week ago Thursday, after The News was already printed and mailed, a light dusting of snow fell at the highest elevations of the Santa Monicas, in the Ventura County segment of the 90265 zip code, and east. There was nothing comparable in areas closer to the coast.
Snowflakes were spotted at Kanan and Mulholland, as well as at upper Latigo, but little made it to the ground. That didn’t stop some of the mainstream media from reporting “six inches of snow in Malibu,” but they never said where. That “statistic” then was picked up by late night entertainers who used it for the usual array of tasteless and off-target jokes about Malibu.
Daily precipitation amounts were moderate, with one-quarter to three-quarters of an inch of rain for most of Malibu, less than half of last week’s storm, and somewhat more in the west end.
How did the NWS numbers fare? For Tuesday evening, forecasters predicted a 40 percent chance of rain; an 80 percent chance on Wednesday; a 70 percent possibility on Christmas Day; and expected chances of rain to diminish on Friday.

A Sheep Is Stolen from Malibu Creche Scene

• $500 Reward Offered for Its Return

BY NICOLE KLIEST


A week before the Christmas holiday another nativity scene theft has occurred. While the Infant Jesus figure that was taken last year has been recovered, approximately six days ago, a sheep from the display, valued at about $10,000, was stolen.
There are no leads on who might have taken the sheep, however, a $500 dollar reward is offered to anyone who returns it. Jackie Sutton, a member of the Keep Christ in Christmas board, says she believes someone who knew how the creche is set up committed the theft.
“We don’t know who it was,” Sutton said. “After the baby Jesus was stolen, we had it all bolted and chained. Someone knew to unbolt it and cut the chain.”
As soon as Sutton learned of the theft, she said she contacted the Lost Hills Sheriff’s Station, which sent a deputy to the scene and promised follow-up. Additional security measures are in place to protect the remaining figures, most of which are worth many times more than the sheep.
Sutton said KCIC members went to a home supply store to look into additional protection for the site. “We bought a screening as a small deterrent until we can plan for next year. It is a regular barbed wire with a green, plastic coating on it. It does the job [of protection], and you can still see [the creche].”
In addition to this, a county sheriff’s department car has been seen parked behind the scene. Sutton also says a man from a security office offered to donate some sort of security to help with the situation for next year.
“We’re committed to the nativity scene,” Sutton said. “We will maybe have a fundraiser. We go from year to year, but everybody on the committee is willing to do whatever it takes.”
The larchwood sheep that was stolen was carved in Switzerland approximately 50 years ago by monks. Sutton’s husband, Bob, who is also a member of the Keep Christ in Christmas board, is providing the $500 reward.

Baykeeper Files Lawsuit against City over La Paz Approval

• Critic of Local Wastewater Policy Says Malibu OK’d Project without Addressing Key Concerns

BY BILL KOENEKER


The green light given to the proposed La Paz shopping center by Malibu city officials is being challenged in court by the Santa Monica Baykeeper.
The Environmental Impact Report that was approved by the city council and the planning commission is also the subject of litigation by the enviro group.
“The city is up to the same shenanigans as always, approving development without taking into consideration the very real impacts to the local beaches and waterways,” said Tom Ford, the executive director of Baykeeper. “If constructed, La Paz has the potential to harm Malibu Creek, Malibu Lagoon, Malibu Beach and Surfrider Beach. These resources have already suffered enough; a full EIR is absolutely critical and must be finalized before moving forward. The city’s approach to planning is flawed and needs to comprehensively address the city’s persistent water quality problems.”
City Attorney Christi Hogin was not available for comment.
The EIR failed to provide a complete description of the development and failed to evaluate the environmental impacts associated with flooding, water quality and stormwater in an area with proven chronic water quality problems, which remain unresolved to this day, according to the group.
Don Schmitz, the consultant who shepherded the approval of two projects, a 99,000-square-foot-retail/office center and a 132,000-square-foot alternative with a city hall, or other municipal amenities, that includes a development agreement that requires the approval of the California Coastal Commission, said after eight years of planning, coupled with detailed studies and environmental review, “It is a solid permit.”
Schmitz was asked if the project is being challenged by the Baykeeper as part of its widely publicized dispute with the city over groundwater problems in the Civic Center for which the Baykeeper says a centralized plant is needed.
Schmitz deferred responding to the question, but did say, “We believe that the wastewater system designed for La Paz will in no way contribute to the current groundwater issue in the Civic Center.”
Brian Gaffney, the attorney representing Baykeeper, disputed those claims. “The environmental analysis done for the La Paz project is completely inadequate. The city approved a project without knowing the development’s full scope and details. Malibu certified an EIR for a project they don’t have all the information for.”
As part of the litigation, the Baykeeper requests that the La Paz development be halted until a full EIR is complete.
Schmitz was asked if the alternate proposal pending Coastal Commission review is also open to litigation. “That is an issue that will be thoroughly vetted and decided by the court,” he said.
Schmitz added that he did not expect the litigation to impact the forward progress of the project. “That is my understanding, unless the court acts otherwise,” he said.
Both projects were approved by the city council after assurances by the developer that the proposed amenity—giving land and funds to the city—could be used to build a centralized sewage plant for the Civic Center.
Council members said they were willing to forgo having land for new city quarters, if the land could be used to address the area’s wastewater issues.

Trancas Developer Back with Revised Proposal for Condos and Open Space

• Wants to Use LCPA instead of Development Agreement

BY BILL KOENEKER


Proponents of a proposal that would include carving out an open space buffer in an area where condominiums would be built along Trancas Canyon Road are marshalling forces for a new approach at City Hall.
The planning commission at its first meeting in January is expected to consider a Local Coastal Program Amendment to change the zoning on the vacant 35-acre site to designate 7.61 acres of the property as multifamily and the remaining 27.58 acres as open space. The staff is recommending approval of the LCPA, which also requires the approval of the city council and the California Coastal Commission.
The proposal at one time was part of a development agreement between the city and the developer to build the condos in exchange for the open space as ball fields. The property is located on the west side of Trancas Canyon Road 250 feet north of Pacific Coast Highway. The deal came unraveled in complicated litigation brought against the city by Broad Beach homeowners.
Although this is a zoning hearing, the developer and proponents are meeting the day before to talk about not just the status of the LCPA zoning, but how the project would ultimately entail a sewage treatment plant including offsite hookups. The informal meeting will feature a presentation by a design team who will talk about groundwater, the treatment plant and proposed offsite connections.
The planning staff is considering the open space in terms of preserving native vegetation and reducing the amount of fuel modification if the entire parcel were developed.
That plan might lose the support of organized sports enthusiasts, but could possibly win over Malibu West homeowners, who are already grappling with a sports park in their neighborhood and might welcome undisturbed acreage in exchange for the condos.
A potential problem, according to the city biologist, is that the proposed multi-family district is located about 100 feet from the drainage course center line, and that any future structures requiring the standard 200-foot fuel modification buffer, whether under the current or proposed zoning, would require at least a 300-foot setback from the nearest top of bank of the onsite drainage course in order to prevent encroachment of fuel modification into the 100-foot stream Environmentally Sensitive Habitat Area buffer.

Document Appears to Show that MHS Palm Trees Violate City- District School Use Agreement

BY SUZANNE GULDIMANN


A date has not yet been set for the removal and relocation of the 75 queen palms that generated instant controversy after they were planted by volunteers at Malibu High School over the Thanksgiving holiday.
However, documents are available that indicate that the plantings are not only controversial, but may apparently violate a school agreement with the City of Malibu and the Coastal Act.
The Malibu Surfside News has received a copy of the school’s shared use agreement that was filed with the Coastal Commission in March of 1994, when the athletic fields were developed. The document lays out the conditions attached to the permit, including the following restrictions on landscaping:
“A landscape plan shall specify the types, locations, and amounts for plants and seeds to use,” the document states. “Planting should be of native species consistent with fire safety requirements.”
The document also contains view impact restrictions taken directly from the Coastal Act:
“The scenic and visual qualities of coastal areas shall be considered and protected as [a] resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas.”
The document goes on to state that the Coastal Commission requires that any deviation from the plans that it approved “must be reviewed and approved by the staff, and may require new commission approval.”
Frustrated volunteers have complained that the school never met its original obligation to landscape all disturbed and graded areas other than the actual playing fields, and that the palm planting, which cost the volunteer group approximately $7000, and many hours of labor, was intended to rectify that situation and beautify an area that for the last 14 years has been covered with weeds.
Neighbors have countered that the tropical trees, most of them currently around 10 feet tall, have the potential to grow to a height of 50 feet, blocking prized views of ocean. Concerns about potential fire hazard have also been raised. According to a local fire safety advocate, the City of San Bernardino has recently banned new palms in an effort to curb wildfire danger. Los Angeles County is said to be investigating a similar move.
The volunteers have agreed to replace the trees with less intrusive native plantings, as soon as funds are raised to finance the removal. Residents, disinclined to wait until the trees grow any larger, have indicated that they are exploring legal options to speed up the process.

Environmental Watchdogs Say New Data Indicate LNG ‘Bubble Has Burst’

• Groups Draw Attention to Federal and State Reports that Downplay Need for Projects Off Local Coast

BY ANNE SOBLE


While two liquefied natural gas projects off the distant Malibu coast wend their way through the bureaucratic approval process, their critics say these, and any other projects, are not needed, as the “LNG bubble has burst.” Talk of LNG as the transition fuel on the path to cleaner energy is said to have run its course, the critics add.
Members of California’s clean energy coalition, including Pacific Environment, Columbia Riverkeeper, Santa Monica Baykeeper, and Citizens Against LNG, have been in the forefront of the charge against new LNG projects on the West Coast.
A coalition of these organizations opposing dependence on foreign liquefied natural gas, called Ratepayers for Affordable Clean Energy, or RACE, responded this week to two new state and federal reports that it says contain energy projections that show “the LNG speculative bubble is over.”
In a statement released Monday, RACE cites U.S. Energy Information Administration data that “natural gas imports will decline rapidly from 16 percent today to only three percent in 2030.” It says, according to this data, the difference will be made up in increased domestic natural gas production.
RACE adds that, according to a staff presentation from the California Public Utilities and Energy Commission, the state’s natural gas demand “will remain flat until 2030, while the one LNG import terminal serving California, located in Mexico, will not receive ‘significant deliveries.’”
“These projections make clear that the West Coast does not need LNG,” said Rory Cox, California program director at Pacific Environment and RACE coordinator. “LNG was an inappropriate choice to begin with, and it remains so. We’re ready to put this debate behind us, and join the [Barack Obama] Administration in building a truly clean and sustainable energy future.”
“What a difference a year makes,” added Dan Serres, the conservation director at Columbia Riverkeeper. “These new projections are a game changer. LNG is now off the table as a wise investment choice. The current LNG proposals are now just moving forward under nothing but their own momentum.”
Since 2004, RACE has vigorously opposed new local LNG projects because it says they would increase local greenhouse gases, undercut development of clean energy, and endanger the health and safety of West Coast residents.
The coalition maintains, as it did during failed efforts to build the Cabrillo Port processing facility off Malibu, that “despite the industry hype, imported LNG has never been necessary on the West Coast of North America.”
RACE emphasizes that the conclusions are based on “trends in the domestic natural gas industry, on steadily declining natural gas consumption in California since 2000, and on new laws and initiatives in the state, such as mandated energy efficiency programs, the renewable portfolio standard, and the Global Warming Solutions Act.”
RACE also has repeatedly noted that natural gas demand in Baja and the Pacific Northwest is low, which it sees as an indication that LNG projects in these areas are viewed as “back doors” into California’s energy market.

Wednesday, December 17, 2008

Arctic Storm Brings ‘Polar’ Temps and Soaks Malibu Area

• City and County Road Crews Quickly Cleared Up the Minor Rockslides and Debris Flows

BY ANNE SOBLE



Weather is the universe’s social equalizer and the quintessential topic of everyday conversation. When that weather was a freezing Arctic storm that spent two days deciding when it would move onto the Southern California coast, it dominated the actions of many who waited and watched the cloudbanks for clues.
The polar Pacific low sent cold air into resisting warm air hovering over the area. Malibu experienced bouts of moderate-to-heavy rainfall at steady intervals, which most observers said were appropriately paced to allow the ground to absorb the moisture with minimal runoff.
The heaviest rains fell late Sunday night to Monday morning, with showers on Monday, Tuesday and Wednesday that were also viewed as beneficial, given the below average rainfall the area has received this year.
Unofficial rainfall numbers for western Malibu ranged between one and three inches, with lower numbers at the east end of the community. Local rain gauges tended toward higher readings than registered on the Westside.
City and county road crews were generally credited with rapid response times. The minor debris flows and rockfalls on local roads caused few problems.
However, the danger from falling rocks is not over when the rains conclude. Loosened soil can send sizable boulders down slopes days after a storm is over.
The rain may have triggered over three times the number of traffic accidents on Los Angeles freeways than occurred the week before, but authorities reported only a few “fender-benders” and no serious injuries on local roads.
The snow that fell in mountain areas of Los Angeles County didn’t make its way to Malibu, with the lowest nearby snow level being 3000 feet in Ventura County.
Throughout the storm period, a flash flood watch, less serious than a flash flood warning, but a reminder to remain on alert, was in effect throughout the Santa Monica Mountains, where completely dry and almost dry creeks are starting to fill with water.
Now that wildfire is a year-round phenomenon in the Southland, winter rains should no longer be viewed as the end of an artificially determined “wildfire season,” but this week’s thorough soaking reduces the likelihood of a major conflagration, even as it encourages the growth of grasses that could serve as potential tinder when they dry out.
Just as importantly, a series of storms like this week’s can ease local water shortage concerns. They won’t mean the drought is over, but increased rainfall can forestall the implementation of serious water use restrictions.

Malibu Wildfire Suspects Have Bail Requirements Removed by the Court

• Prosecution Objections on Two Los Angeles Men Were Overruled

BY ANNE SOBLE


The two Culver City men charged with starting a bonfire in a mountaintop rave cave that led to last November’s devastating Corral Fire pled not guilty in Van Nuys Superior Court last Thursday. A preliminary hearing for the pair was scheduled for Feb. 26, 2009, in the same courthouse.
In addition, bail requirements were removed, or exonerated, for Dean Lavorante, 20, and Eric Ullman, 19, and the pair were released on their own recognizance.
They are two of five men charged by the Los Angeles County District Attorney’s office with three felony counts of recklessly starting a fire during high wind conditions and a declared emergency. Each count carries a possible sentence of between two-to-four years.
Charges were filed separately against the Culver pair, as they were reportedly chased from the cave when three men from Los Angeles arrived. The L.A. trio are alleged to have expanded the original bonfire, allowing it to spiral out of control and ignite nearby vegetation, leading to the blaze that claimed 53 homes.
At a bail hearing held last Friday, bail requirements were terminated for the two L.A. men, Brian Anderson, 23, and William Coppock, 24, who originally were required to post bond. Despite vigorous prosecution protest, they were also released on their own recognizance, or OR’d.
The lead prosecutor, Deputy District Attorney Ann Ambrose, objected to the removal of bail for the two men because Anderson’s and Coppock’s “conduct was more egregious,” according to a spokesperson for the Los Angeles District Attorney’s office.
The third Los Angeles defendant, Brian Franks, 28, had been OR’d earlier this year, after having spent time in jail because he could not afford to post bond.
In September, Franks agreed to turn state’s evidence and pled guilty to one felony charge of recklessly causing a fire. His sentencing hearing is set for Jan. 26.
A large contingent of Malibuites from the Corral wildfire area, burnouts and their neighbors, are attending proceedings and intend to play a part in the legal process.

Water Board Approves Lumberyard Mall Permit

• New Opening Date for Development on City Property Is Now Early February

BY BILL KOENEKER


The Regional Water Quality Control Board last week approved a wastewater discharge permit sought by the City of Malibu and the developer of the Malibu lumberyard shopping center on city-owned land.
That meant several city officials, including City Manager Jim Thorsen, Building Department head Vic Peterson and others, missed the City Hall holiday open house when the board meeting went on until 7 p.m.
“We are obviously delighted with the approval of the permit and the deliberations of the board,” said Fiona Hutton, a public relations specialist for Richard Weintraub, who holds the site lease and is developing the commercial center.
The current estimate for the opening date of the shopping center is now the first week of February, according to Hutton.
Observers at last week’s RWQCB meeting said the approval was no “slam-dunk,” if the hours the commissioners took asking questions and deliberating on the tentative order was any indication of the panelists’ leanings on the matter.
There were some changes to the original order, including setting a limit on phosphorus, limiting the length of the permit to three years instead of five, requiring immediate notification of the RWQCB if nutrient limits are exceeded and mandating the hook- up of the center to a centralized treatment plant in the Civic Center area within six months of when such a plant would become operational.
One pivotal environmental group that did not oppose the permit was Heal the Bay, which had previously called for halting any more permits until the city had legally committed to a centralized plant in the Civic Center.
Apparently language added to the conditions of the permit that mandate the shopping center’s hook-up to a centralized plant built for the Civic Center mollified critics. Hutton said they also were informed that language in the city’s lease also mandates such a requirement.
The water board’s 33-page order that received staff recommendation for approval, spells out the requirements and conditions for the wastewater discharge permit, as well as the water reclamation requirements for a system that will utilize a portion of the city’s Legacy Park.
The city and the center developer, operating in tandem, successfully sought a permit for discharging treated effluent through a leachfield in Legacy Park.
This includes pipelines and a pumping system for recycled and reclaimed water for irrigation in Legacy Park, and diverting a portion of influent to holding tanks for emergency discharge.

High School Traffic and Public Safety Issues Fuel Lively Debate

• District Proposals to Ease Morning View Gridlock Have Some Malibu Park Residents Fuming

BY SUZANNE GULDIMANN


School traffic and safety issues continued to be hotly debated at a second Measure BB Malibu High School improvement project meeting dedicated to the subject. Gary Carlin, the project’s traffic consultant, presented an updated list of potential solutions to the daily school-related gridlock on Morning View Drive to a full house. Residents, parents, and school district and city officials packed the high school library to listen and offer input.
Carlin, as promised at the last meeting, had student demographic data showing that approximately 70 percent of the school’s students come from east of the school, and that only a small percentage of the remaining 30 percent in western Malibu live within walking distance of the school.
The eight options presented at the previous meeting were presented again. The proposal of a ring road on school property that was requested by residents at that meeting was added to the list, but the consultant stressed that negatives like vehicular and pedestrian conflict and building in environmentally sensitive habitat areas could make that proposal less viable. The focus of the presentation was on what the consultant called as the four most viable options.
These options consist of allocating a proposed new, 110-space parking lot for student use; eliminating parking on one or both sides of Morning View Drive; building a roundabout at Via Cabrillo; and creating a right turn lane extending from Merritt Drive to the school, which would allow parents and students to enter both the driveway to the new parking lot and a proposed drop-off area in front of the school, where the faculty lot is currently situated.
“We’re looking to expand the proposed [new] parking as a result of input at the last meeting,” Carlin said.
Carlin also advocated pursuing a traffic light at Guernsey Avenue and Pacific Coast Highway, an idea that was soundly criticized at the previous meeting. The consultant agreed the project would be expensive and require Caltrans approval, as well as potentially require extensive work to realign steep and narrow Guernsey with the highway, but he still felt the idea was worth further study.
“Some of these may drop out,” Carlin said, “but we are going to move forward with engineering, cost and environmental impact studies.” He told the audience that all of the plans and schematics will be available at the district Web site for public downloading.
Many residents who had attended the previous meeting returned with questions.
“On the northbound right turn lane [plan], how do they get out?” asked Malibu Park resident Marshall Thompson. “It looks like they still need to make a left turn” [to return to PCH].
“We don’t have a silver bullet,” replied Carlin, stating that the right turn lane would work best in combination with a light at Guernsey or the proposed roundabout.
“I’m extremely dubious about dropping off and driving all the way down [to the turnaround or the traffic light],”said Hans Laetz, who raised concerns about the proposed light at the earlier meeting. “They’ll be strung along in front of the schools. They aren’t going to use the roundabout. They’ll go through the elementary school. Traffic is like water, it seeks the least resistance.
“Nobody is looking out for the residents,” Laetz continued. “I want to be there when you meet with Caltrans.”
Laetz’s request was echoed by many, including Bow Bowman, the city’s special projects manager.
“The city is very interested,” Bowman said. “We see a lot of alternatives that are being downgraded. All those should be kept open. We would like you to invite us with you to meet will Caltrans. At some point this whole scheme should be presented to the city council.”
Bowman called the Guernsey light a viable option. “It took us two or three years to get the Corral light. You have to start somewhere,” he said.
The roundabout suggestion received a vote of no confidence from Via Cabrillo resident Sandy Banducci. “I was very surprised to open the papers and read about this,” Banducci said. “Via Cabrillo is a private driveway, it’s not a city street. We’ve worked very hard to restore the ESHA.”
“People park on Via Cabrillo,” Banducci added, describing how illegally parked cars create a safety hazard on the narrow, one lane driveway that is the only access route to several houses.
The suggestion of parking restrictions on Morning View was generally greeted with approval. Cathy Cadieux, who lives on Morning View, was in favor of limiting parking to the school side of the street. “But I’m terrified of making Morning View one way. Please don’t do it,” she said.
Judi Hutchinson reminded the audience that Point Dume Elementary school has successfully controlled parking on Grayfox Street. “I don’t understand why we can’t do that here.” she said.
“I agree no parking on Morning View is easily enforced,” said parent Colleen Baum. “We do it at Point Dume beautifully with parent volunteers.”
“My understanding is that the issue is enforcement,” Carlin replied.
“We have tried to take corrective action,” MHS school principal Mark Kelly said. “I’ve written to all the parents, and we’ve stepped up enforcement.”
“If everybody agrees to it, it can be done,” Carlin said.
“I disagree about no parking at all on Morning View,” Laura Rosenthal said. “Have no parking on the beach side, not the school side. It would be untenable to have it on both sides.”
Rosenthal suggested that having the official drop-off at the entrance of the proposed new main building and placing a legal left turn at the exit to the drop-off area, suggesting that this would help eliminate traffic and reduce the number of illegal left turns that many see as the biggest safety hazard on Morning View Drive.
Simon James, who recently moved to Morning View Drive described a near miss his wife experienced, when a middle school student suddenly darted out into the street on a skateboard in front of her car. “I’m concerned about not solving the problem, but moving it,” he said, adding that he is worried that the construction project itself will create additional safety issues. “It’s crazy not to have resident participation.”
“Stuff is continuing to evolve,” Kelly said. This is a work in progress.”
A meeting addressing the controversial issue of permanent field lighting is scheduled for 6:30 p.m. on Jan. 14 at the school. Carlin told the audience that the diagrams shown during this and future presentations will soon be available at the Santa Monica Malibu Unified School District site at www.smmusd.org.
In last week’s article on this issue, Mary Hughes O’Leary was misidentified as one of the attendees.

City Finally Settles Six-Year-Old Point Dume Court Case

BY BILL KOENEKER


A six-year legal ordeal between the City of Malibu and David Visher, a longtime Point Dume resident, was recently settled when the city’s insurer reportedly issued a discharge of $1 million to Visher.
“The lawsuit is settled. I’m happy it is settled,” said Visher, who would not confirm the amount.
Municipal officials are being tight-lipped about the settlement that was eventually made when the insurance carrier decided to settle the longterm litigation. Visher said, after an appeal was remanded to the trial court, the city dragged its feet on the litigation, but in the end settled.
The litigation is an outgrowth of the de facto building moratorium that occurred in 2003 when the city’s Local Coastal Program was being written by the California Coastal Commission and challenged in court by Malibu. No agency, including the city or the Coastal Commission, was issuing coastal development permits.
During that time, Visher sought a permit to build a home on a vacant lot and sued the city to obtain a coastal permit. The city tried to get the lawsuit dismissed, but the court sided with Visher and refused the city’s request.
Los Angeles County Superior Court Judge Allan Goodman, whose decision to allow the lawsuit to go to trial, which was unsuccessfully appealed by the city, ruled that the SLAPP motion, or Strategic Lawsuit Against Public Participation, filed by the city was “both frivolous and solely intended to cause unneccessary delay.” He awarded Visher attorney fees of $35,000 at that time.
However, the litigation itself was more complicated, because in an unrelated legal maneuver the city had asked the court to allow it to process building permits, while it battled it out with the Coastal Commission on an appeal of the same judge’s decision denying the city’s challenge to the validity of the CCC’s state-mandated Local Coastal Program.
The court had denied that motion, citing a lack of jurisdiction since the city had filed an appeal of the preliminary injunction, which the court had issued in which it ordered the city to accept and process such applications.
During the Visher matter, the judge recalled, the city had previously asked the court to order it to do what Visher in his legal action was now seeking.
The court further observed that in Visher v. Malibu, the city filed a SLAPP motion to preemptively terminate the request of Visher that the city be ordered to do that which the city had been ordered to do in the other action, but which was stayed because the city was appealing that matter.
Goodman took issue with the city’s maneuvering at this point, noting that the city’s argument was essentially that Visher filed his action to get the city to comply with the court’s order and that action is barred because the issue is in on appeal.
“[The city] may not, when challenged as these petitioner-homeowners have done in this case, file a motion which seeks to summarily prevent these petitioners from seeking their day in court—particularly when they seek relief identical to that which the city itself sought just seven months ago,” Goodman concluded.
In an interview this week, Visher said he sold the vacant land when he could not get a permit.

• The Publisher’s Notebook •

Malibu Wildfire and ‘Arson’ Justice

BY ANNE SOBLE


This week’s Letters to the Editor section includes five of the many letters sent to the newspaper in response to last week’s letter by the aunt of one of the suspects charged with allowing an illegal campfire to escalate out of control during strong Santa Ana winds and causing a wildfire that claimed 53 homes and resulted in untold personal loss and tragedy in the Corral Canyon area.
Revenge is not the objective of judicial action; but blame and accountability are critical objectives, and prevention of similar behavior is the paramount goal. Five men are charged with the offenses currently available under the law in these circumstances. It is important to establish the precedent that those who take actions with the potential for the same catastrophic results will have to answer for the consequences of their behavior.
As anyone with any contact with the legal system is aware, its wheels can grind slowly, due in part to overcrowded court dockets and the role of delay as a defense strategy. If some, or all, of the men are determined to be guilty of the offenses with which they are charged, the system will address whether incarceration, restitution, or community service is most appropriate; but few will argue that these men shouldn’t be required to comprehend the enormity of how their actions irrevocably affected others.
Start of a wildfire by reckless behavior has the same end result as criminal arson, or pyromania. In these uncharted legal waters, many issues still need to be resolved. Perhaps there should be degrees of arson, as there are with murder. Application of the concept of second-or-third degree arson could indicate the seriousness of irresponsible actions that result in a major wildfire.
In addition, the dictates of fairness require uniformity in how arson justice is meted out. A homeless, mentally-ill man recently was fined $100.6 million and faces 45 months of jail time for starting the Day Fire. By comparison, community service is being discussed as possible punishment in the case of the Corral Fire. In the Santa Barbara Tea Fire that claimed four times as many homes as the Corral blaze, no charges have been filed against the 10 college students suspected of starting it.
Irrespective of intent, behavior that contributes to, or exacerbates, the potential for wildfire must be held publicly accountable in a way that recognizes its gravity.

Wednesday, December 10, 2008

School Traffic and Public Safety Issues Roil Malibu Park Area

• Student Drop-Off and Pick-Up, as Well as Lack of Fire Equipment Turnaround Are Issues

BY SUZANNE GULDIMANN


As plans for Malibu High School’s Measure BB improvement projects move forward, school traffic safety and permanent field lighting remain major issues in the community. Traffic was on the agenda of three recent meetings. A fourth meeting is scheduled for Dec. 15.
Last week, the Safety Commission tackled the issue of traffic safety at the Malibu Park area schools. Many Malibu Park residents expressed concern over what they see as steadily worsening conditions in front of the school during peak hours.
During public comment, residents and representatives of the newly formed Malibu Park Safety Coalition presented the commission with an issue statement and list of suggested solutions.
The group, represented by Steve Scheinkman, who lives across the street from the school, and another Malibu Park resident, Marshall Thompson, described the current situation in the neighborhood as a complicated mix of problems ranging from gridlock that impedes emergency access and blocks residents’ driveways to the lack of a safe place for students to enter and exit the school.
According to the group, illegal parking, U-turns and loitering are a major part of the problem.
“Kids [paking illegally] would rather just pay a ticket, if there is a ticket—it’s hard to enforce,” Scheinkman told the commission. “[We] want safe orderly flow, safe access, no loitering,[and want it to be] enforceable.”
Scheinkman recommended the city eliminate all parking on the school side of Morning View. “Kids, parents, park there. people just stop,” he said. A more drastic measure would eliminate parking on both sides of the narrow street, as well as establish a no-parking zone on Merritt Street.
Scheinkman discussed the Measure BB improvement plans, and expressed dismay that they do not include plans for an campus ring road.
Former commission member Ryan Embree also recommended that pick-up and drop-off take place on the school property. He gave the example of A.E. Wright School in Calabasas, which built an on-campus solution for traffic that had previously caused problems by blocking Las Virgenes Road.
Bow Bowman, the city’s special projects manager said “We’ve gone to many of these meetings, we’re working with them, giving them our input. They need to learn how to follow traffic rules. Right now, this is a wonderful opportunity.”
“More kids—high schoolers—drive,” said commission chair Carol Randall. “There’s a lot of illegal parking. The buildings fit a different plan.”
“If there was ever a public safety issue, this is it,” Commissioner Marlene Matlow stated. “Can’t there be some pressure placed on [the district] by the city? Give them an ultimatum on time. Can the city do this?”
“We’ve discussed this many times,” Public Works Superintendent Richard Calvin replied. “The residents’ concerns are valid. The schools’ concerns are valid. We can only recommend. The city only has a certain amount of control. We can ask, beg, cajole, but we can’t command.”
“PBS&J [the consultant firm hired by the district to oversee the Measure MM improvements] has done outreach, a scoping session. I believe they’re doing their best. Now the new parking is going to be for the kids,” Calvin said.
“We finally got the school district paying a little more attention. I think they’re doing their best to come up with a solution.”
The community had an opportunity last Thursday to hear about those solutions directly from the consultanting firm, when PBS&J presented their traffic study findings and suggestions at a workshop at the school.
The firm’s traffic planner, Gary Carlin, presented eight ideas, many of which had been canvassed at the public safety meeting the night before. “Let us know feedback and nonstarters,” Carlin asked the group of school and district officials and residents, before presenting the series.
The first proposal, a plan that would involve a new traffic light at PCH and Guernsey Avenue, was shot down immediately. Malibu Park resident Hans Laetz stated that he had participated in an earlier traffic study and had been informed by Caltrans that the intersection did not meet its standards. “It would require a taking of 18-36 feet,” Laetz said, adding that the realignment would involve cutting into the bluffs and extensive grading.
“There aren’t the warrants to do it,” Carol Randall, added.
“I wasn’t aware of previous efforts, the consultant said. “Your points are probably valid, to be honest with you. There are exceptions to the warrants.”
“There are,” Randall said. “You’ll have to stand in line.”
The second proposal, a roundabout at Morning View Drive and Via Cabrillo, also raised concerns. On being told that the area was an ESHA, an environmentally sensitive habitat area, Carlin confessed, “I’m not an environmental person.”
The third idea, construction of a new drop-off and pickup zone along the north side of Morning View Drive was better received. Marshall Thompson, who had mentioned a similar plan at the Public Safety Commission meeting, compared it to the white curb at the airport.
Item four recommended designating the Measure BB funded new parking as a student lot. The lot, which will contain 110 new spaces is currently designated as overflow, faculty or event parking.
“We actually haven’t done an occupancy study,” Carlin said. “But we want to be responsive to the environment and the community.”
The fifth proposal, banning parking on Morning View Drive in the vicinity of the school and eliminating three-point turns, was generally well received, although enforcement was an issue.
“What makes it worse is the narrowness of the street,” Thompson said.
“It was built as one school,” Randall said. “The infrastructure didn’t follow, it didn’t grow with them.”
“We are working within those bounds,” acknowledged the consultant.
Item six proposed making Morning View Drive one way only during peak hours, with traffic entering at Guernsey. Enforcement was the main objection.
“That route is already saturated,” Laetz complained, adding that the stop sign at the intersection of Morning View Drive already backs traffic onto PCH.
“There are warrants for stop signs.” Carlin suggested.
“They’re worse,” replied Randall. “There’s more liability with stop signs.”
Item seven proposed a Zuma park and ride, with a shuttle bus to transport students. Setbacks included obtaining permission from the county, operating a shuttle and getting students to use the system and how to prevent students from parking on PCH.
The eighth and final suggestion was adding a new northbound right turn lane from Merritt Drive to the school.
Asked “can it be done?” the consultant replied that they have been assured that the city has enough right-of-way to incorporate the turn lane.
FIELD LIGHTING
There was somewhat less optimism that a livable solution to the permanent field lighting issue can be found. Residents continue to express anger and concern.
“In 1994 the school was in violation of the California Coastal Commission with building and grading the the ball field,” Malibu Park resident Judi Hutchinson said, stating that the school has not honored its promises. In 1999 [we were told there would be] no temporary or permanent lights. For three years they’ve had lights. You’re a rogue elephant in the room.”
“I think that we do want to work with the community, “ Kelly replied. “It’s about meeting current needs.”
“Please put in the details,” Scheinkman asked. “We don’t know, are the neighbors going to be looking at lights five nights a year, [or] every night?”
“We are holding these outreach meetings to get community input,” Kelly said. “The 8 a.m. to 10 p.m. on weekends [hours suggested in the project plans for community activities at the school] makes me nervous, too. I’m sensitive to that. I’m the one that gets called when a fire alarm goes off. We want something that’s reasonable, not outrageous.”
“The lighting issue is daunted,” Thompson said. “Yes, we have to have our sports field, but you’ve made promises in the past. Promises should be carefully crafted and taken seriously. The neighbors are justifiably concerned. It destroys the night. It’s a blaring loudness. It bathes the sky and looks like L.A. is marching to the city. People who are pro dark skies are not anti-kid.”
This is a great opportunity to have night games. I’m heartened to see a spirit of cooperation,” said Steven O’Neill, the president of the MHS Booster Club, who hopes that the lighting project will encourage nighttime lacrosse and soccer games at the school.
“I agree to usage restrictions, I of course understand the night sky issue, but we live in a community.” He described how the newly remodeled Point Dume shopping center has impacted the night sky in his neighborhood, but called it a “fair tradeoff” to have a market his family can walk to. “We can walk there and get a donut,” he said, enthusiastically.
Malibu Park resident Bob Hutchinson, whose home borders the athletic field, was less optimistic. “I was lucky. On Monday I was able to watch the moon and two stars make a perfect triangle in the sky, a conjunction. That was a once in a lifetime event. I’m concerned with lighting. It was 11 nights last year, not the five they promised. They don’t tell us how many. It could be 15 nights. That doesn’t work for me.”
Community activist Dusty Peak concurred. “You play by the rules. If you sign something, you stick to it.”
“This is not a NIMBY,” stated Jay Griffith, who owns numerous homes in the area and has provided landscaping consulting services to the school pro bono. “Are there lights going in that violate the original argument? We don’t want it to be egregious, obnoxious— and a lot of the things that have gone on here have been obnoxious.”
Andrea Cabalo, the spokesperson for HMC, the project’s architectural firm, invited concerned residents to attend a field lighting meeting on Jan. 14. That meeting, she said, will provide information on exactly what type of lights are being proposed.
“The district is very sensitive,” she said, explaining that biological consultants and a professional sports lighting expert have been hired. “All that will be prepared for you.”

High School Palm Trees to Be Removed from Campus

• Critics Cite View Impacts, Hazards

BY SUZANNE GULDIMANN


The mystery of the Malibu Park palm plantation has been revealed, and steps are being taken to address neighbors’ concerns. The 75 tropical queen palms were planted on the bare hillside between the high school athletic field and the parking area and playing courts over the Thanksgiving holiday weekend.
The Malibu Surfside News offices were flooded with contacts from concerned neighbors on the Monday following the holiday, but no answers were available, and the school did not return calls.
Residents were still angry and seeking answers about the palm planting at Monday night’s Measure BB improvement plan information meeting.
“You talk about native plants, and you plant nearly a hundred palms,” one resident complained.
“I’m a little disappointed about the palm tree thing,” community activist and Malibu Park resident Marshall Thompson said. “It caught people by surprise. It’s insensitive to plant non-natives that grow to 50 feet. Views are huge. The city is right now drafting a view ordinance. We need an equitable solution.”
The solution was at hand.
“We are responsible for your trees,” said Jill Berliner, stepping forward to face the firing squad with Mary Hughes-O’Leary and Gigi Goyette. “The school district didn’t do it. We did it.”
The trio of volunteers have been responsible for school landscaping projects that include the senior quad, the amphitheater and the entrance to the middle school. Funding for the projects is raised by donations from parents, PTA, the Shark Fund and donations from each year’s graduating class.
In the past, the volunteer group has used the pro bono services of landscape architect and Malibu Park homeowner Jay Griffith, and the focus has been on native, low-maintenance and drought resistant plants. Griffith was not available to be consulted on the recent palm plant- ing, which critics complain will require extensive maintenance to prevent the trees from becoming a fire hazard.
“These same palms are under consideration to be banned,” stated Cindy Vandor, a longtime Malibu resident who has been working to establish fire safety plans for nearby Malibu West. She described how the queen palm is now being listed as a fire risk in other parts of California.
Griffith was present at the meeting, and spoke up in defense of the volunteers. “It’s very hard to do good deeds,” he said. “Like they say, they never go unpunished.”
“We certainly didn’t want to offend anybody,” Berliner said. “Everything is community based, what we do.”
“If something needs to be changed, we can do it,” Griffith assured the audience. “It’s just plants and dirt.”
After the meeting ended, Griffith told residents that he would walk the newly landscaped area and arrange to swap out the offending palms with native plants and trees. “This will happen,” he said.
He also assured the neighbors that the replacement landscaping would be sensitive to view impacts. Griffith is also a Malibu Park resident, and reminded his neighbors that he owns multiple homes in the area. “I am personally impacted more than anyone else,” he said.

Trancas Park Plans Appealed by Residents

• Appellants Challenge Grading, Noise and Fire Danger

BY BILL KOENEKER


The Malibu Planning Commission approval of the permits and plans for the proposed Trancas Canyon Park have been appealed. The matter now goes to the city council for a new hearing on the objections.
The matter has been appealed by several west Malibu residents, including Teresa Campeau, Clara Thie and John Norvet, Mary Davis and Robert Belvin.
Norvet had told planners and the commission he was going to appeal the matter before the commission made a decision.
Planning panelists approved a seven-acre park, including a multi-use practice field, dog park, tot lot, parking for 64 cars and 128,000 cubic yards of grading.
“We are appealing the decision of the planning commission primarily because the northern ridge of the park where the dog park, tot lot and picnic are proposed has to be significantly altered by extreme cuts into steep slopes and the playing field has to be filled/elevated 10 to 13 feet,” wrote Norvet, Davis and Blevin.
“We ask that other alteratives be studied and found so that no grading of the upper ridge will [take] place. If the city adopts alternative three, or studies a variety of different alternatives than the development of the upper ridge, we are sure the city can find a solution to keeping development off this ridge so that no land form alteration of this ridge is necessary.”
A primary reason for rescinding or modifying the decisions of the planning commission, according to the appellants, is the displacement and/or removal of a total of 128,528 cubic yards of dirt for a project in a geologically sensitive area. The project may very well cause ‘seismic related ground failure, including liquefaction and landslides, given the huge amount of fill that has already been dumped on the site—80 feet deep in spots.”
Another complaint of the appellants is how a dog park can be justified in a residential area. “Malibu has many professional ‘dog walkers’ who are employed to walk dogs for their owners. This incursion of noise from constant and loud barking all day, every day, would without any doubt most certainly ‘impair the integrity and character of the zoning district in which it is located.’ No dog park should be permitted. Noise coming from a dog park centrally located in a residentially zoned neighborhood would have a profound effect on all surrounding homes,” the appeal notes.
Norvet et al. submitted a 16-page attachment to the appeal form laying out all of the reasons the decision did not conform to the Local Coastal Program, or that the Environmental Impact Report is inadequate. The document also laid out in detail the many LCP and LIP policies that are violated by the grading and cut and fill called for in the plans.
The appellants also thought it was not a fair hearing because they believe the concerns of the public were ignored and dismissed instead of taken seriously by the commission. “It appeared that they were more intent on satisfying and accommodating staff than with the public concerns,” an appeal letter states.
Campeau indicated an alternative for the undeveloped acreage might be a park with passive recreation only. “Attractive paths and walkways with an abundance of native plants and effective measures for reducing the dangers of wildfires could be introduced without further disruption of the fragile terrain, pollution of the adjoining Trancas Creek, or danger to children in an isolated, unsupervised and remote area. Grading should be largely eliminated, given the poor geology. Impacts to neighbors require the omission of a dog park and a picnic area to prevent noise and increased traffic. No on-site parking or road should be allowed except for fire trucks or maintenance,” the appellant’s letter states.
The planning commission meeting on the park plans was one of the most raucous in recent memory with much shouting and gavel pounding.
For the first time at a public meeting, some testimony called for not developing a park at all and allowing passive recreation, as espoused by some of the appellants.
The plans had been vetted at numerous workshops, city council meetings and park and recreation commission meetings, with much of the controversy developing about what kind of park it should be. The no-park alternative was rarely discussed.
However, from the get-go most participants had indicated they did not want to see a park plan that involved massive grading.
At some of the first workshops, the plan alterative chosen was the one with the least amount of grading.
Some of the [public] speakers said it was the revelation in the EIR that plans still called for massive amount of grading that caused them to turn into opponents of the current park plans.
The city council meets once this week and does not meet again until next year. A date for the appeal hearing has not yet been set, according to city officials.

Court Delays Continue for Five Malibu Wildfire Suspects

• Two Corral Canyon Cave Bonfire Starters Slated to Appear in Court This Week

BY ANNE SOBLE


The two Culver City men charged with starting a bonfire in the infamous local “rave caves” that was taken over by three men from Los Angeles and stoked until it went out of control, claiming 53 homes and causing six injuries in Corral Canyon a year ago, are slated for arraignment on Thursday, Dec. 11, in the Van Nuys courthouse.
All five men were originally charged with three felony counts of recklessly starting a fire during high wind conditions and a declared emergency. Each count carries a possible sentence of between two-to-four years. They all had pleaded not guilty.
Charges against Culver City residents Dean Lavorante and Eric Ullman were filed separately by the District Attorney’s Office as the pair were reportedly chased from the cave by the others before the fire began consuming nearby brush and endangering hundreds of lives in the vicinity.
Last week, an abbreviated court hearing for two of the three L.A. men, Brian Anderson and William Coppock, took place that was held over to Jan. 15 to accommodate a defense attorney’s prior courtroom obligations.
The Friday session was marked by the start of testimony against Anderson and Coppock by former co-defendant Brian Franks.
In September, Franks agreed to turn state’s evidence and pled guilty to one felony charge of recklessly causing a fire. His sentencing hearing is slated for Jan. 26.
Also testifying was one of the women who was at the cave on state parkland with the men.
Reiterated at the hearing were disclosures by the prosecution that, after the Los Angeles trio ejected Lavorante and Ullman from the cave, they added to the bonfire with firewood stolen from a local supermarket, on which they poured lighter fluid.
The two witnesses said the group was drinking, smoking marijuana and listening to music.
The witnesses said the partyers left the cave around 1:45 a.m. when the bonfire was so large that the cave filled with smoke, and went to a local fast food restaurant. The first report of wildfire to the Los Angeles County Fire Department came in about 3 a.m.
The hearing was continued before a county fire department expert and a sheriff’s department representative, witnesses for the prosecution, were able to testify.
A contingent of Corral Canyon residents led by Beverly Taki, the lead organizer of the Operation Recovery post-fire effort, expressed disappointed at the hearing’s early termination.
Taki said, “Those who lost their homes found it very hard to sit there and listen to the story being told.” She added, “All I could think about was all this partying was going on, while I was home quietly and silently sleeping.”
She praised prosecutor Ann Ambrose, saying, “The people still claim it was reckless and caused harm, and intend to prove it.”
Among those whose homes burned who attended the hearing and plan to offer input were Paul and Sara Grisanti, Gaetan St-Cyr, Barbara Sausse, Laura Schlieter and Robert Bailey.
Others from Corral who went to show support were Paul Morra, Aya Yoshida and Philip Wong.
The large contingent of Malibuites showing up at the hearing may have been a factor prompting Anderson’s aunt, Savannah Singer, to write a lengthy letter to editor of the Malibu Surfside News this week about the three L.A. men.
None of the attorneys for the five defendants have permitted them to speak to the press.

RWQCB Airs Lumber Center Permit

• Complex Appears Unlikely to Meet Holiday Opening Date

BY BILL KOENEKER


What some thought might be a showdown between the Regional Water Quality Control Board and the City of Malibu over a wastewater discharge permit for its Malibu Lumber shopping center appears to have simmered down.
There is no bus of supporters going to the hearing on Thursday in Ventura County, and, privately, many city officials say it is a cut-and-dried matter to obtain the permit, given the extensive conditions required by the RWQCB staff, which is recommending approval of the discharge permit.
What is still to be determined is when the shopping center will open. Months ago, city officials and the developer announced the center would be doing business by the middle of October. That date has come and gone and talk of opening by Christmas to rake in holiday dollars also appears to have also gone by the wayside. A public relations specialist hired by developer Richard Weintraub was not available for comment.
The RWQCB’s 33-page tentative order spells out the requirements and conditions for the wastewater discharge permit and water reclamation requirements for a system that will utilize a portion of the city’s Legacy Park.
The state agency’s order indicates the contention that the shopping center redevelopment site is not large enough for disposal of its wastewater through a conventional septic system.
Consequently, the application for a permit calls for discharging treated effluent through a leachfield in Legacy Park, constructing pipelines and a pumping system for recycled and reclaimed water for irrigation in Legacy Park, and the diverting a portion of the influent to holding tanks for emergency discharge. It’s not clear how this might delay the center’s opening.
The state agency also has expressed concern about sufficient separation between the water table and the base of the leachfield. An extensive groundwater system is required, and, if the groundwater table rises to within five feet of the base of leach field, additional separation measures will be required, including reduced restaurant use, additional water conservation and equalization tank pumping on an emergency basis.

Small Earthquakes Shake Western Malibu Area

• Two Sunday Morning Temblors in the Ocean Were Felt by Residents

BY ANNE SOBLE


Two earthquakes, one described in U.S. Geologic Survey/Caltech Seismic Net monitoring reports as minor, and the other as a smaller microearthquake, or possible aftershock, occurred last Sunday in the ocean northwest of Leo Carrillo Beach, near the Channel Islands.
The first temblor, registering a magnitude 3.5, occurred at 7:39: 01 a.m. The quake epicenter was approximately 23 miles west of the coast and was felt by residents in western Malibu, as well as in other locations in the area.
The hypocentral depth of the rupture was about seven miles below the surface of the ocean.
The second temblor, a magnitude 2.5, is listed on the USGS/Caltech updates as a microearthquake. It occurred 17 minutes after the 3.5 quake at 7:56:13 a.m. and was less noticeable to most of the residents who reported experiencing the earlier shaker.
The epicenter of the second quake was located west of the first one and was slightly shallower, less than seven miles in depth.
No additional seismic activity has been reported in the area.

MALIBU AWARDS WATCH: Malibu Surfside News Goes to the Movies

BY JEREMY WALKER


It’s the time of year when our neighbors who work in “the industry” start talking passionately of movies and awards, and not just those Oscars. Rank and file members of the various guilds representing actors, directors, writers, producers and cinematographers are currently catching up with, previewing, and will soon be voting on the best movies of the year. With all the biztalk sure to be spinning at Malibu holiday parties, The News assigned an Awards Watch roundup for which our reporter has already logged over 24 hours in darkened screening rooms.
His report:

FEEL-GREAT MOVIES THAT ARE TOO EASY TO MISS—The less you know about “Happy-Go-Lucky” and “Slumdog Millionaire” going in, the better, but do make the effort to seek them out while they hang on to their big screens around town. Both films are, in distinct ways, handsomely directed by Brits (Mike Leigh and Danny Boyle) working at the top of their respective games, realizing characters that are astonishingly, achingly human.
With “Happy-Go-Lucky,” Leigh gambles everything on the actress playing his title character and we all win big. Sally Hawkins is the personification of ebullience, an empathetic, hyper-social, boundaryless London schoolteacher with whom you cannot help fall in love—think about watching Julie Walters in “Educating Rita” and toss in an irrepressible giggle.
The ensemble of “Slumdog Millionaire” is also uniformly excellent, but the film will make real stars of cinematographer Anthony Dod Mantle and editor Chris Dickens, whose feverish, intensely colorful portrait of Mumbai is our most immediate cultural touchstone to a city just beginning its own post-cataclysmic recovery.
’70s SHOWS— Both Ron Howard’s “Frost/ Nixon” and Gus Van Sant’s “Milk” are trips back to ’70s California, with each filmmaker shooting in the actual locations where history was made.
Howard calls wandering the grounds of La Casa Pacifica, Nixon’s “Western White House” in San Clemente, “chilling… knowing that Nixon, Brezhnev, Kissinger—so many significant people from that era—had decided the course of history here. I definitely think it brought something to our actors’ performances to be working there.” And what performances, Frank Langella has already won a Tony Award for his work when “Frost/Nixon” was a stage play by Peter Morgan (“The Queen”).
For “Milk,” Van Sant took over the streets and landmarks of San Francisco to bring the story to life. See www.Filminfocus. com, Focus Features’ “interactive community,” which is currently featuring Jenni Olson’s nifty short film “575 Castro St.” about the scenes shot at Harvey Milk’s actual camera store.
ROADSHOW—Steven Soderbergh’s epic “Che” opens this Friday for a weeklong qualifying run at the Landmark on Pico, significant for the fact that Soderbergh’s “Traffic” won four Oscars in 2001, including a Best Supporting Actor statue for Benicio Del Toro, who stars here in the title role of revolutionary Ernesto “Che” Guevarra. The weeklong run is significant also because Soderbergh’s movie is actually two movies, each just over two hours long and presented with an intermission and a collectible program book. A rare chance to see a massive work the way its master filmmaker intended
WHY THESE ACTORS SHOULD BE CONSIDERED FOR BEST SUPPORTING—James Franco in “Milk” because he was also great in “Pineapple Express” and if he can love Sean Penn and Seth Rogen then the Academy should love him…Viola Davis in “Doubt” because at a post-screening Q&A at the Academy last month, Davis called her co-star, with whom she was seated on stage, “Meryl Freakin’ Streep” and because her two scenes opposite Streep in the film are so good they will make you gasp… Eddie Marsan in “Happy-Go-Lucky” because he’s scary as bloody hell… “Taraji P. Henson in “The Curious Case of Benjamin Button” because she moved gracefully from singing the Oscar-winning “It’s Hard Out Here for a Pimp” in “Hustle & Flow” to playing Brad Pitt’s savior and saintly mother as he ages backwards in a very, very, big movie… Heath Ledger in “The Dark Knight” because his performance would have made a blockbuster out of this most important political art film of the year even if he hadn’t died.

Wednesday, December 03, 2008

Statewide Septic System Rules Advance

• Workshop Slated to Take Place in Malibu in January

BY BILL KOENEKER


The California Water Resources Control Board is moving forward with Assembly Bill 885, which is intended to provide regulations on a statewide level for the monitoring of onsite wastewater treatment systems.
All properties in Malibu would be subject to the terms of the new law. The agency is presenting a number of community workshops throughout the state, including a session in Malibu on Jan. 15, 2009 at 7 p.m. at Malibu High School.
California is one of the few states that does not have comprehensive rules and regulations for onsite wastewater treatment. Oversight of wastewater treatment, for the most part, is left to counties and cities under the aegis of regional water boards.
The draft of legislation has been stalled in the state Senate and governor’s office for several years. However, SWRCB officials now insist they are ready to move forward and have formed a rulemaking committee to educate the public and receive comments.
The SWRCB recently issued a letter outlining the proposed regulations, proposed waivers and draft environmental impact report, which are available for public review and comment.
The new regulations are intended for all onsite wastewater treatment systems and contain differing requirements for new and existing wastewater systems.
Under the statewide rules, owners must have their septic tanks inspected for solids accumulations every five years by a qualified inspector.
Owners with an onsite domestic well on their property would have to have a state certified analytical laboratory analyze well water (groundwater) for specified constituents once every five years and report the results to the state water board.
Owners whose existing septic systems are within 600 feet of a surface water body that does not meet water quality standards would have special requirements.
Owners of existing septic systems within 600 feet of an impaired water body would be required to have a qualified professional determine if the septic system is contributing to the impairment and, if so, retrofit the septic system with supplemental treatment that could cost up to $45,000.
There are over a half-dozen requirements that would apply to new systems.
The state water board staff is conducting a total of 11 workshops, including the session in Malibu, regarding the state board’s proposed regulatory actions.
Written comments must be received by Feb. 9, 2009. Emails can be sent to AB885@waterboards.ca.gov, or mailed to State Water Resources Control Board, Division of Water Quality, Attn: Todd Thompson, 1001 First Street, 15th Floor, P.O. Box 2231, Sacramento, CA 95812.

Triathlon Seeks to Become Two-Day Event in Malibu

• West Malibu Residents Experience Major Disruptions

BY BILL KOENEKER


If Nautica Malibu Triathlon organizers can sway a majority of Malibu city council members next week at their regular bimonthly session, the annual contest will become a permanent two-day event in the future.
The triathlon has been held in Malibu for the past 22 years, with the swimming leg held at Zuma Beach and the running and cycling legs held on municipal streets and Pacific Coast Highway.
Event organizers claim to have raised millions of dollars for charitable causes, including Children’s Hospital Los Angeles, Elizabeth Glaser AIDS Foundation, Children’s Lifesaving Foundation and the city’s Malibu Legacy Park.
Prior to 2008, the triathlon was a one-day event. Last year, the council authorized the addition of a second day to the September contest, which allowed for an Olympic distance Triathlon on Saturday prior to the traditional race on Sunday.
Organizers seemed able to sway council members with a promise of donating some of the proceeds to Legacy Park’s proposed improvements.
Some west Malibu residents have groused the one-day event was a nuisance because of road closures and delays, but bitterly complained the two days is too much to ask the population center of the community to endure.
Alternate suggestions have included moving the event further northwest on Pacific Coast Highway to less populated areas of Ventura County.
In other action, an overbilling of the state Department of Transportation by Malibu city officials of over $43,000 will require the council next week to authorize a reimbursement of the funds.
The city inadvertently overcharged Caltrans $43,045.73 for portions of work on a traffic information and emergency radio project that was funded by special traffic funds. Project expenditures that qualify under guidelines are reimbursed by Caltrans based on submitted progress payments. The project was completed in 2002 and the state agency has now completed a reconciliation of the project costs and submitted an invoice.
The costs for the project were paid by Caltrans based on reimbursement requests made to Caltrans by the city. “Due to several changes in the scope of work that were not finalized until project completion, the state was inadvertently overbilled by the city,” a memo to council members states in explaining the mistake.

Proposed Offshore LNG Terminal Earmarked for Downsizing

• Project that Seeks to Anchor 22 Miles Off Point Dume to Eliminate One Processing Vessel

BY HANS LAETZ


The multinational oil company behind a proposed floating liquefied natural gas terminal 22 miles off Point Dume has asked officials to allow a half-year delay so it can downsize its plans.
A spokesperson for Woodside Natural Gas says the firm will eliminate one of the two processing ships it had originally proposed to permanently station in Santa Monica Bay, and scale back the pipelines it will ask to lay across the floor of Santa Monica Bay and into Los Angeles.
Laura Doll said her company is downsizing its plans to import LNG off Malibu “because we want to make it smarter and better and have the smallest environmental footprint possible.” She said the elimination of one of the two LNG terminal ships will not cut capacity by 50 percent, but said the new capacity rating for the remaining ship has yet to be determined.
Doll said the downsizing is not a reaction to world economic catastrophes, or the recent price and supply trends that have made LNG cost nearly triple the price of domestic natural gas.
Westside Los Angeles City Councilmember Bill Rosendahl, who has been skeptical of the plan, said he was amused that it was in essence being halved. “These are completely different times, and it is very likely that this company will go through the paces and then not build anything.”
The request means at least seven months of further delay for the proposed Woodside LNG terminal in Santa Monica Bay, being marketed as “OceanWay.” If approved, Woodside would base a new LNG processing ship off the coast in 2012, or later, to process incoming cargoes from Australia and Asia, and push natural gas into the California energy grid through new undersea pipelines that would come ashore at the Los Angeles Airport.
OceanWay took the spotlight after a somewhat similar LNG terminal closer to Malibu, called Cabrillo Port, was shot down by state regulators after major opposition from Malibu and Oxnard residents in 2007.
Because the Woodside pipes would come ashore on L.A. beaches, L.A. city officials get to handle the multi-year application process, and the city council and mayor will eventually team with the new Barack Obama administration to decide its fate.
The application is being evaluated on a fast-track timetable set by federal law, but has been sidetracked for 13 months now as Woodside drafted required plans to measure and minimize the huge amounts of carbon pollution, in the form of new greenhouse gas emissions that the project would create across the globe.
Although LNG is touted as a clean fuel, substantial energy is needed to compress natural gas and move it across the Pacific, and some studies show importing LNG is not such a source of clean energy when the worldwide “life-cycle” impacts are factored in.
A major opponent of West Coast LNG projects noted that Woodside is dramatically cutting the size of its import terminal one week after Solar L.A. was unveiled, an ambitious plan to generate one tenth of Los Angeles’s electricity with the sun.
“If this LNG project didn’t make sense in the first place, it makes even less sense now,” said Rory Cox at Pacific Environment in San Francisco.
Cox is spearheading regional campaigns against the five LNG terminals actively being promoted in California and Oregon, including OceanWay and the NorthernStar LNG terminal proposed for an oil rig just off the Ventura coast, 35 miles northwest of Malibu.
Rob Male, Woodside Natural Gas vice president of development, said that the changes will “maintain the overall quality and positive environmental attributes that are at the core of the OceanWay design.”
The smaller size also means high-pressure gas transmission lines will not have to be laid across South Los Angeles, Inglewood and Westchester, a controversial plan that would have put 42-inch diameter gas pipes close to 19 public schools, and numerous high-density housing units.
The Woodside downsizing comes the same week that another company proposing a West Coast LNG import terminal announced it would junk its already approved import proposal, and at a time of international finance crises. But Woodside spokesperson Doll said the company is looking at longterm trends.
“Australia has a lot of natural gas, and every study indicates that California is going to need it,” she said, assuring that Woodside will build the project, estimated to cost between $600 million and $1 billion.
But a Canadian LNG firm last week made an opposite bet, and replaced plans to build an LNG import terminal north of Seattle with plans to export LNG from the same site.
“Rising natural gas demand in Asia and recent increases in supply in North America ... have led to significantly higher natural gas prices in Asia than North America,” said a spokesperson for the Canadian company, Kitimat LNG.
This reversal reflects dramatic changes in the fundamental economic rules of the world energy business in the six years since BHP Billiton announced plans to anchor its import terminal off Malibu. The discovery of major new supplies of natural gas in the United States, and the huge growth in demand for natural gas in Asia, may have turned the Pacific LNG market upside down.
LNG imports into North America have plunged 50 percent below their already minimal level this year, as LNG cargoes have been diverted for much more money to Japan and China. Three brand new, billion-dollar LNG terminals in the U.S. and Mexico now sit virtually unused, and the cost-efficiency of new, billion-dollar-plus LNG transport chains to the West Coast has been questioned by some analysts as the world grapples with an economic crisis.
City councils in Santa Monica and Malibu have already voiced nonbinding opposition to the OceanWay project, which would be visible many days from the local coast. But OceanWay is supported by some residents of the LAX area, partly because its pipes might serve as a physical barrier to northward expansion of the airport towards their homes.

High School Palm Fronds Fan Furor over View Impacts

• Timing of Tree Planting Is Not Expected to Help Local Mood on BB Plans

BY SUZANNE GULDIMANN


Malibu High School, already under fire from its residential neighbors for allegedly failing to listen to community concerns over the upcoming Measure BB improvements, has further angered some Malibu Park residents by planting about 75 palm trees on its campus—trees that neighbors are already claiming will block their views.
Even though shrouded in this week’s heavy fog, the rows of trees have prompted some neighbors to question the sincerity of the Santa Monica-Malibu Unified School District’s highly visible advertising campaign stressing its desire for maximum public involvement in the Measure BB planning process.
With no advance notice, the palms were planted over the Thanksgiving holiday on the hillside above the Girls and Boys Club facility and between the high school athletic fields and the asphalt parking lot and game courts.
Students at the school seemed blithely disinterested in the newlandscaping, although one was optimistic that the fast-growing palms might offer shade in the otherwise treeless expanse of fields and asphalt.
However, Malibu Park residents were less sanguine. “That’s a lot of palm trees,” one neighbor who requested anonymity told the Malibu Surfside News. “This isn’t an accent planting, it’s a full block-out. They’ll be really big, and they’ll block views.
“And they’re non-natives. [The school district] doesn’t even follow their own [landscaping] rules.”
The trees, identified as tropical queen palms, are native to South America and can grow swiftly to a height of 50 feet.
“This is a wind corridor up here,” said another neighbor who also declined to be named. “Palms like that, they have shallow roots and a huge, sail-like canopy. One good Santa Ana [wind], and they’ll be all over the place. But at least they’ll be blowing away over the school and not up here. They can’t even put up trash cans that won’t blow over,” the first resident complained.

Neither the school, nor the district, returned calls from The News about the trees.

Actor Breaks Silence on Malibu Paparazzi Melee

BY ANNE SOBLE


Point Dume resident Matthew McConaughey, targeted by a clutch of paparazzi seeking shots of the actor surfing at Little Dume Beach last summer, has made his first public comment regarding the local residents who scuffled with the photographers on what the residents believed to be the private part of the beach.
McConaughey’s publicist Alan Nierob told the Malibu Surfside News that McConaughey said of the incident that became an international media phenomenon, “That was a community thing. Everyone was enjoying the beach, and their peace was disturbed.”
The comment is interpreted as a sign of support for Malibuites Skylar Peak and John Hildebrand who have pleaded not guilty to misdemeanor battery charges for allegedly injuring a paparazzo and throwing camera equipment into the ocean. A pre-trial hearing has been set for January.

• The Publisher’s Notebook •

Foggy Thinking in Malibu

BY ANNE SOBLE


The fog isn’t quite as welcome as the rain we recently received, but don’t tell that to the local plant life that wantonly luxuriated in the thick coating of wetness that marked this week’s weather. As the fog bank settled in, the condensation was so heavy that moisture ran in rivulets from the screening on The News offices’ back door. Nothing evaded water’s touch.
As long as everyone remembers to slow down and drive carefully, coastal fog has none of the harshness, or the pollutants, of urban fog, such as found in London, or the cryptlike grayness of the tule fog up north. Still, fog can put decision-making on hold as it encourages cocooning, which may not be a bad idea, given how the world around us is being buffeted now.
Foggy thinking, however, is another matter. It can cause chaos in personal lives, and upend entities small and large, from corporations to governments. We need not reiterate the nature of the murky socioeconomic undercurrents now making many of our individual and collective lives complicated and unstable.
On the community front, this can take the form of actions that undermine the best of plans and lead to unintended consequences. On Monday morning, one of the first people to enter the newspaper’s offices was upset that, over the Thanksgiving holiday, it appears that the local school district has created what yet another critical resident described as a view-threatening “tropical jungle” in Malibu Park.
In one fell swoop, some six dozen palm trees were planted on the Malibu High School campus without notice, despite a recent pledge by local school district officials that the school’s neighbors would be included in the campus redesign and improvement process.
Some neighbors are asking why palm trees were chosen. Not only are the rapid growers non-native and high maintenance, they can become tiki torches during a wildfire. Even without flying embers to set the trees ablaze, the fronds become missiles in Santa Ana winds, causing personal injury, or property damage.
Others are asking why the district decided to do this now. Officials were calming criticism that they have ignored the impact of proposed MHS changes on the neighborhood. The district stopped requesting that important public notices be set in six-point type in two-inch boxes, and began announcing meetings in a format that doesn’t require a magnifying glass.
Most Malibu Park residents viewed these changes as part of a new district commitment to openness, but the palm trees might undo all this. The palm trees are not just the wrong plants, they’re the wrong message.

Christmas Programs Begin—Psalms and Songs

BY NICOLE KLIEST


Every year, the Keep Christ in Christmas project displays a nativity scene at the corner of PCH and Webb Way. Featuring beautiful hand-carved figures from Europe, the display has become a longstanding tradition within the community, and the site for Sunday holiday festivities.
Last December, residents were dismayed when the Christ Child figure was stolen from its manger. Three weeks ago, the figure was found, but what had happened to it remains a mystery.
Longtime Malibuite Bob Sutton has been active with Keep Christ in Christmas for over 40 years and is currently in charge of the creche scene figures.
“There was a lady walking with her dog,” Sutton said. “She looked into a garage and saw the Infant Jesus. She had known it was stolen, so she took the statue and brought it over to Our Lady of Malibu [Church].”
While this appeared to be a substantial break-through in the case, Sutton said he was disappointed when it turned out to be a dead end.
“When we found out it was in Our Lady of Malibu, we hurried over,” Sutton said. “The management told me the story, but wouldn't tell me whose garage it was in. We couldn’t get it out of the pastor either.”
Sutton had filed a theft report after the figure was stolen, so he called sheriff’s detective Matt Dunn and informed him of the situation. Dunn was able to obtain the woman’s information, however, she would not tell him in whose garage the wood figure was found.
“We can’t find out who found it, and there’s no recourse,” Sutton said. “Why it is a secret, nobody knows. It’s a big-time mystery, and it was very painful for us because giving funds these days is low, and we have tapped all of our resources.”
When the Christ Child figure was returned, there was significant damage. The fingers were broken off, the platform was broken and the neck was missing a big chunk. In the meantime, KCIC is displaying a plastic version of the Infant Jesus.
“These [original] statues are made of larch wood and are from Europe,” Sutton said. “They were purchased about 50 years ago. and the baby Jesus would now run from $12,000 to $15,000. The restoration would probably be around $1000.”
The group does not have the funds to restore the Jesus statue now but they plan to have the work done after Christmas. In the meantime, “double security” has been placed on the creche scene that heralds the holidays.