Proposed Septic Ban Boundaries Cross Malibu Neighborhood Lines

• Regional Water Quality Control Board Maps Indicate More Aggressive Plans for Oversight

BY BILL KOENEKER

With this week’s distribution of the proposed septic prohibition area maps by the Los Angeles Regional Water Control Board, Malibuites learned that the boundaries of the area proposed for major changes in wastewater regulation not only encompass the Civic Center area, but entire residential sections, including the beach communities of Malibu Colony and Malibu Road and inland residential neighborhoods such as Serra Retreat, Sweetwater Mesa and the Malibu Knolls.
Other areas that could be impacted include the commercial strip of Pacific Coast Highway from Serra Road to Sweetwater Canyon, excluding the ocean side land starting at Larry Ellison’s commercial property on Carbon Beach.
A preliminary community meeting to give the public a chance to hear and comment on the proposed septic prohibition is scheduled for Tuesday, Sept. 1, from 10 a.m. to 11:45 a.m. The meeting will be held in the Fireside Room next to the cafeteria at Pepperdine University.
The RWQCB has rescheduled the formal public hearing on the proposed septic ban in the Civic Center and surrounding areas. That meeting is now scheduled for Thursday, Nov. 5, at 9 a.m. in the board room of the Metropolitan Water District.
The proposed prohibition would affect existing and future on-site wastewater discharge systems, or OWDS, in the Civic Center area, including what the RWQCB calls Malibu Valley, (the Civic Center) Winter Canyon and adjacent coastal strips of land including Malibu Lagoon, Amarillo Beach, Malibu Beach and Surfrider Beach.
In effect, the RWQCB has crafted the possible boundaries for what could become the city’s proposed Civic Center wastewater treatment center.
The prohibition would range from passive systems with conventional septic tanks to active systems that more aggressively remove pollutant loads from sewage before subsurface disposal. The prohibition would apply to residential, commercial, industrial and public properties.
The prohibition would “immediately” prohibit all new discharges from OWDS and would prohibit discharges from existing systems within five years from the date of adoption by the board.
An exemption would be allowed for so-called “zero discharge” units, if dischargers can prove to the satisfaction of the executive officer that reuse, evaporation and or transpiration will use 100 percent of the wastewater generated by activities on site and will not contribute to a rise in the water table.
The RWQCB staff has indicated it has received requests for clarification on the boundaries of the area subject to the proposed prohibition. Hence, the maps. To delineate the prohibition area, staff used drainage patterns and hydrogeologic parameters.
In the notice prepared by staffer Wendy Philips, the chief of the groundwater permitting and landfill section of the RWQCB, there is an acknowlgement that additional regulations or policies “consistent with the general purpose of the proposed amendment and complementary to the proposed prohibition,” may be developed at the hearing “as a logical outgrowth of discussions.”
The board is expected to take action on the proposed amendment after hearing the staff’s presentation and public comments.
Written comments must be submitted to the board no later than Oct. 8.

California Coastal Commission Wins Latest Round in Malibu ‘Sins’ Litigation

• Superior Court Judge Rules Against Charges of Civil Rights Violations in Norris Case

BY ANNE SOBLE

A Los Angeles Superior Court judge last week dismissed two Malibu property owners’ high profile allegations that the California Coastal Commission has violated their civil rights.
The so-called Norris case became a cause célèbre in the property rights movement with the distribution of the unreleased documentary “Sins of Commission,” which includes commentary by several in the Malibu community who are longtime critics of the California Coastal Commission.
Southern California filmmaker Richard Oshen bills “Sins” as an expose of how citizens are subjected to the “unelected commission’s autocratic actions wielded, surprisingly, without accountability or oversight” and has alleged CCC efforts to silence the film.
Last Thursday, Judge Luis Lavin granted the commission’s request for summary judgment and ruled that the issues raised in the case against the agency and two Coastal Commission enforcement staffers did not raise issues that warrant further review.
The plaintiffs have not yet indicated whether they plan to continue their legal action.
The commission, however, expressed elation with the court action. “We are pleased but not surprised by the ruling,” said CCC Executive Director Peter Douglas in a prepared statement. “This suit was patently frivolous from the beginning. It’s been a regrettable and costly diversion of public resources, but now we can all get back to work.”
According to CCC enforcement documents, the case “involved illegal roads, grading and tree removal on property owned by Dan Norris and Peggy Gilder. Because the property is located in the coastal zone, these activities required coastal development permits. A site visit in October, 2005, was authorized by a court order.”
After reporting that it verified illegal development on site, the commission issued a “Notice of Violation” on the property and told the owners to apply for a permit. The owners refused, and sued the commission. Last year, a superior court ruling upheld the commission’s action on the majority of the plaintiffs’ claims.
The recent court action eliminated the remaining claims. Lavin’s ruling dismissed the contention that the CCC’s Notice of Violation was a “taking” of their private property and decreed that the allegation that the site inspection violated their civil rights was “without merit.” The ruling states that the commission staff’s actions were “objectively reasonable,” and the case has “no triable issues of material facts.”
Acknowledging the controversy related to Oshen’s documentary, the CCC statement addresses the filmmaker’s public allegations of attempted censorship by the agency.
“We did nothing of the sort,” said Commission Chief Counsel Hope Schmeltzer. “His friends asked him to film our site visit, then sued us for trespassing and damages. We just wanted a copy of the footage to defend ourselves in court. [Oshen] has always been free to use the footage in any way he wants.”
Oshen has written on an Internet blog that Lavin’s recent ruling is a “travesty of justice.”

School District Selects Panel to Prep Push for New Emergency Parcel Tax

• Everyone Who Applied Was Selected for the Committee

BY SUZANNE GULDIMANN

The Santa Monica-Malibu Unified School District board of education, at its Aug. 21 meeting, approved a 33-member committee to examine the feasibility of an emergency temporary parcel tax to offset reductions in state funding and explore another school construction bond measure.
The committee comprised of everyone who submitted an application, is a who’s who of Santa Monica school advocates and activists, including former PTA president Rebecca Kennerly; former Measure R Parcel Tax Committee member Laurie Lieberman; and former Santa Monica mayor and Santa Monicans for Renters’ Rights board member Denny Zane.
Only two Malibuites appear to have applied for the committee: safety activist Susan Tellem, who is a member of the City of Malibu’s safety commission, and education advocate Ralph Erickson, who is also on the Proposition 39 oversight committee and campaigned actively for Measure BB.
Tellem, who said she had not yet been notified of her appointment, said she applied to assure that Malibu had representation.
A representative will also be chosen from both city councils, as well as from Santa Monica College and the teachers union. The SMMUSD superintendent’s office confirms that the remaining appointments will be announced in September.
According to a district staff report, the committee is charged with two goals: a recommendation regarding the feasibility of an emergency and temporary parcel tax,” and a recommendation on the potential for “a future capitol improvement bond measure to modernize the district’s schools.”
In 2006, the district passed Measure BB, a $268 million bond measure “to improve health, safety, class instruction by repairing, renovating outdated classrooms, bathrooms, plumbing, leaky roofs, computer technology, fire safety equipment.” In 2008, voters passed Measure R, which removed a “sundown” clause from existing parcel taxes “to preserve quality schools despite inadequate state funding, and prevent program cuts shall the Santa Monica-Malibu Unified School District renew—without increasing—existing school parcel taxes.”
The new committee would be authorized to expend up to $50,000 to poll the electorate, and will “work with a polling firm to craft questions for community input,” and “work with the chief financial officer to delineate the steps necessary to place a parcel tax and/or bond measure on a future ballot or special election and retain the necessary counsel for each step of the process.” A report on the proposed emergency parcel tax is due Dec. 10. The recommendation on the proposed capitol improvement bond measure is expected next March.
Not everyone is enthusiastic about the proposed taxes. A critic recently described the district as having “a voracious appetite for money, more money and even more money.” One Malibu resident, in a recent letter to the Malibu Surfside News, stated that the district is proposing “yet another tax undemocratically imposed by Santa Monica voters, which will benefit only Santa Monica students, Santa Monica teachers, Santa Monica bureaucrats and Santa Monica schools, all at Malibu’s expense.”
However, the district’s chief financial officer, Jan Maez, has cautioned that the district, already experiencing a deficit of $12 million due to the state budget crisis, will face an increasingly bleak future without new sources of alternate revenue.

City Officials Seek $5 Million Grant for Legacy Park Work

• Push to Settle Baykeeper Suit Is On

BY BILL KOENEKER

Now that Malibu city officials have chosen a contactor for proposed building improvements at Legacy Park, they are now seeking a $5 million grant to pay for the project.
Municipal officials are attempting to get the money from federal stimulus funds administered by the State Water Resources Control Board, according to Mayor Andy Stern, who made the announcement last week.
“This $5 million grant is essential to the construction of Legacy Park, the centerpiece of the city’s more than $50 million commitment to clean water, and we are optimistic this application will be funded,” the mayor said in a press release.
Stern said, given the call by many environmental groups, including the Natural Resources Defense Council, for better controls on stormwater, Legacy Park will “answer the NRDC’s call to prevent beach water pollution by creating an environmental cleaning machine for more than two million gallons a day of stormwater and urban runoff.”
Malibu municipal officials insist Legacy Park “will transform 15 acres in the heart of Malibu into a central park that will capture stormwater and urban runoff flows from the surrounding watershed so it can be cleaned, disinfected and recycled.”
However, some environmental groups don’t agree and are litigating the matter. The Santa Monica Baykeeper filed suit against the city arguing that a different approach is required.
City officials insist they have to start somewhere and the park is the best place to handle the stormwater component of the problem.
“Legacy Park definitely qualified as a ‘shovel-ready stormwater’ project,” said City Manager Jim Thorsen in the same press release. “The Malibu City Council already awarded the construction contact, and the groundbreaking is scheduled for September. We are hoping to resolve the Legacy Park lawsuit filed by Santa Monica Baykeeper so it won’t interfere with the city’s ability to secure essential funding for a vital project to improve ocean water quality and help restore the environment.”
City officials, who say they want to finish the project by October 2010, noted they still have significant support from the Annenberg Foundation, Santa Monica College, U.S. Representative Henry Waxman, State Senator Fran Pavley and State Assemblymember Julia Brownley.
Malibu municipal officials indicated they are preparing plans for a centralized wastewater system for its Civic Center area and authorized $2.6 million in January 2009 for design and engineering. There are no estimates on construction costs.

Trancas Park Construction Goes to Bid

• Municipal Officials Move Ahead Despite Litigation

BY BILL KOENEKER

Malibu city officials put out a notice last week inviting bids for the construction of improvements for Trancas Canyon Park. The original approvals of the park and the certification of the Environmental Impact Report are currently being challenged in court.
The scope of work for construction of a 6.5 acre park facility includes, according to the notice, the earthwork and grading, concrete and asphaltic concrete pavements, decomposed granite walkways, concrete curb and gutters, landscaping, irrigation systems, plantings and vegetation, restroom facilities, storage building, shade structures, children’s playground, multi-use sports field, signage, electrical work, onsite wastewater treatment system, fencing, retaining walls, water service and pipeline work.
A pre-bid conference is scheduled for Aug. 25. A site walk-through will be conducted immediately following the pre-bid conference. The bids will be publicly opened and read on Sept. 10.
Last month, a majority of the city council approved an additional $100,000 for a consulting firm to provide engineering and design plans for the council-approved redesign. This was amid an unsuccessful plea by some members of the public to reconsider the redesign plans and consider an alternate proposal.
Earlier in April, the council had approved a different plan involving over 100,000 cubic yards of grading that was challenged in court by the Malibu Township Council. The MTC filed the suit over grading and other issues involving the Environmental Impact Report prepared for the original project’s dimensions
During its budget hearings, the council allocated $3.5 million for building the park. The allocation is a designated fund for financing park construction and not an actual appropriation. Currently, the city has a little less than $300,000 set aside for construction.

Publisher’s Notebook

• PCH Praxis: Malibu Road Woes •

ANNE SOBLE

If a tree falls on Pacific Coast Highway and no one is there, not only will it make a loud sound, but it also will probably clog the roadway for hours. This take on the philosophical riddle about perception and reality was anything but theoretical when thousands of commuters were faced with a closed PCH on Monday. Of course, the inevitable phone calls were placed to the newsroom along the line of, “Why does it take so long to remove a tree?” but usually phrased less politely.
One can only conjecture how many sign-offs are required for multiple bureaucracies to spring into action and resolve what appears to be the kind of occurrence that should not have the ability to cripple the main artery for several communities. Why the official mindset isn’t to move as much debris off to the side as quickly as possible and deal with other issues such as power lines in a prescribed area in order to get traffic flowing quickly is pure puzzlement.
Baffled is also our response to Caltrans scheduling a major tear-up and resurfacing of Pacific Coast Highway during the weeks leading up to and likely including the Labor Day holiday. This is, after all, a beach community. Fortunately, the temperatures recently have been well below the triple-digit mark, otherwise one can only imagine some of the potential snafus, as the number of local visitors increases exponentially.
We know there is no optimum time for doing major roadwork, but factors other than when the funding check is cut should play a part in scheduling. And, of course, the agency can’t use its longstanding excuse of wanting to avoid the rainy season because there’s a drought. Maybe the oft tongue-in-cheek explanations of indifference or sadism are not so far off, after all.
In addition to taking a toll on vehicle suspension systems and alignments, the roadwork is occurring during the kind of weather and the time of year that attracts large numbers of cyclists to PCH. That the roadwork may have been a factor in recent bicycle accidents is under investigation. Motorists are forewarned that extra caution is warranted when sharing the corrugated surface lanes with other forms of transportation.
There is one plus to the current scheduling. At least the bulk of the construction work is going on overnight and, as long as crews aren’t assembled in front of one’s own house when the residents are trying to get some sleep, the realization that the impact on daytime commuters is less might be somewhat heartening.
Until the roadwork is completed and the long lines of trucks and equipment have left Malibu, everyone is urged to pay close attention to the construction warning signs, hold on to their steering wheels and try to avoid falling prey to bruxism because their tires won’t have the luxury of being able to do the same.

Malibu School Septic Woes Are Costly

• Repairs Necessary Before Classes Start

BY SUZANNE GULDIMANN

The public had an opportunity to learn more about the extent of septic system issues affecting Malibu area schools, when the Santa Monica Malibu Unified School District board of education, at its Aug. 20 meeting, voted on an emergency resolution that authorizes repair of the systems.
Investigations into the onsite wastewater treatment system at Point Dume Elementary School and Malibu High School that have been part of the Measure BB improvement plans have revealed serious issues that require immediate attention, according to a staff report.
The situation is so serious that the work has to be completed by the start of classes on Wednesday, Sept. 9.
“Currently, the district is in the programming and design phases of the Measure BB bond program. The resolution states, “District consultants have found that two of the septic systems are in need of major repair and immediate action to correct unsafe conditions.”
According to the resolution, the situation at both locations is so serious that it constitutes an emergency condition. The resolution circumvents the usual bidding process and authorizes immediate repairs “to permit the continuance of existing school classes, or to avoid danger to life and property.”
According to district staff, investigations have revealed that the OWTS at Pt. Dume Elementary School is “inoperable, almost to the point of being filled to capacity, causing a potential overflow problem. In addition, the tank ceiling is collapsing.” At MHS, the ceiling of a tank in a septic system located under the basketball courts is also collapsing.
According to the staff report, “The septic tanks for system number 6 at the MHS will be replaced; seepage pit maintenance for Malibu High School and Cabrillo will be completed both on Deferred Maintenance funds.” The cost for this work is estimated to be $350,000.
The repairs at Point Dume are estimated to require a construction budget of $400,000.
Webster Elementary, which recently received a notice of violation from the Los Angeles County Regional Water Quality Board earlier this year, also requires an extensive overhaul to its aging OWTS infrastructure that is estimated to cost $580,000.
The board also voted on a resolution for emergency repairs to MHS, following in the wake of two costly incidents that occurred over the summer.
The first was a fire in one of the school’s science labs, allegedly caused by a faulty aquarium tank pump. The fire was limited to the lab, but smoke reportedly damaged five adjacent rooms. Damage was estimated at $600,000.
In the second incident, a broken air conditioning coil reportedly caused $70,000 in flood damage to the high school band room and instrument storage area.
According to staff, the cost of repairs will be covered by the district’s insurance in both incidents. The resolution was required to expedite the repairs.

Names Provide a Link with Malibu’s Original Residents

• Chumash Singer and Storyteller Says That the Ancient Language Continues to Resonate

BY SUZANNE GULDIMANN

Not all Malibuites may be aware of it, but the coast still resonates with echos of the language and history of the area’s original residents, the Chumash. According to Chumash singer and sto-ryteller Julie Tumamait, traces of the language remain in place names like Mugu, “beach,” and Malibu, or “humaliwo,” which means ”where the surf sounds.”
Other local Chumash names include the beach destination for millions of Angelenos every summer, Zuma, which stems from the Chumash word for abundance, “sumo.” Mysterious Anacapa Island, which often appears as a mirage of impossibly high cliffs and arches, is the Chumash word for illusion.
A descendent of Island Chumash, Tumamait is committed to preserving the Chumash language and culture by sharing stories, songs and cultural lore at schools and locations like this one, the Satwiwa Native American Indian Culture Center in The Santa Monica Mountains National Recreation Area.
As night fell and the stars and the bats came out, local children had a chance to learn about Chumash language and traditions, at a site in the Santa Monica Mountains that for thousands of years was home to Malibu’s early residents.
Anthropologists estimate that there may have been as many as 20,000 Chumash living on the coast between San Luis Obispo and Malibu when the Spanish explorers arrived on the scene. Today, only between 4000-5000 persons can claim Chumash heritage. The culture and the language came close to extinction in the twentieth century, Tumamait says, but efforts are under-way now to revive it and keep thousands of years of tradition alive.
A 4000-word dictionary, the work of many years, sponsored by the Santa Ynez Chumash was published in 2008, in an attempt to revive Ineseno, or Samala, one of six related Chumash languages. Other efforts are underway to collect, preserve and teach the Barbareno and Ventureno Chumash languages.
“We don’t have a lot of our songs,” Tumamait said. “Just little bits and pieces. We have about 70-80 percent of our culture, but our most sacred part is missing.” The songs that have survived, she says, are very ancient, transmitted by oral tradition for centuries. She sang several for the audience, accompanying each with either a rattle or a set of clapper sticks, a percussion instrument made of local elderberry wood.
Tumamait said that there are no longer any native speakers of the Chumash language, but there is an effort underway to revive the language. She describes wax cylinder recordings made by legendary linguist and ethnologist John Peabody Harrington in the early 20th century that pre-serve interviews with a handful of individuals who still spoke the Chumash language.
“We are grateful for that,” Tumamait said, describing it as an important resource. “[But] it’s hard to understand, no one is fluent any more.”
Tumamait told the gathering of children and adults stories that ranged from a humorous cau-tionary tale of a boy who cried xus—bear, to a beautiful and sad legend of how seven children escaped their cruel mother by transforming themselves into geese and flying up into the sky to become the seven stars of the Pleiades.
“Many of our stories teach children how to behave,” Tumamait said. “We call it myth, but it’s teaching.”
Tumamait paused as a barn owl circled the group. It dove, just a few yards away, and glided silently off with a mouse.
“He’s come to hear stories, I’m sorry, owl, I don’t have an owl story today.” She did, however, have the owl’s Chumash name: “she’,” which sounds almost like the bird’s hunting cry. The name for the great horned owl, she says, is the equally onomatopoeic word “muhu.”
Tumamait ended the evening with what she described as a visioning song. “There’s a lot of visioning we need to do in the world,” she said. “We need to put positive energy [into it]. Little by little, it’s coming back.”

Malibu West HOA Appeals Trancas Growth Plan Approvals by Panel

• Homeowner Group Wants City Council to Require EIR

BY BILL KOENEKER

The Malibu West Homeowners Association is appealing the Malibu Planning Commission’s approval of the permits and entitlements granted for the expansion and remodeling of the Trancas shopping center.
The commission, after hearing that plans would be scaled back, approved the project sought by Dan Bercu, who heads the ownership of the Malibu Country Market.
When asked to comment on the appeal and a lawsuit, Bercu said, “I'm thrilled by both of them.” The shopping center owner went on to say he thought it ironic that “we gave up half of the project and in exchange we get an appeal and a lawsuit.” At the same time, Malibu Park resident Hans Laetz is challenging the approvals in the courtroom (see separate story).
While most commissioners and others were apparently swayed by Bercu agreeing to eliminate the free standing building of about 11,000 square feet proposed for east of Trancas Creek, the Malibu West HOA was apparently not mollified by the scale back.
The HOA maintains the Mitigated Negative Declaration used to review the environmental impacts of the additional square footage and redesign is not adequate. “It failed to analyze the evidence presented and the public has provided substantial evidence that supports a fair argument the project may have an adverse impact on the environment. This appeal and information in the record clearly demonstrates that an EIR is required under the California Environmental Quality Act,” the appeal letter to the city states.
The HOA appeal letter also claims the project was not analyzed in the context of what is allowable under the Local Coastal Program.
The letter ticks off a laundry list of studies that the group claims were not undertaken and should have been included, from air quality, no carbon monoxide hot spot impact analysis was conducted; hazards, the proposed project’s impact on area wide fire evacuation and emergencies was not adequately addressed; and there was no discussion about variances to development standards in the LCP.
“The traffic study is not accurate since it didn’t take into consideration in its calculations the resident inhabitants and staff of the rehab houses and Trancas Park users and workmen that will be using Trancas Canyon Road,” the letter states. “The traffic study is obsolete. The study is based on traffic counts that were conducted in the spring of 2007.” Most government entities do not accept studies more than two years old, according to the HOA.
The project’s future wastewater generation has not been quantified nor compared against the existing water supply and the MND fails to examine additional waters needs for fire protection, according to the HOA letter.
“An EIR is needed to fully examine the project’s impacts…project represents just under 100 percent increase in commercial space and a 200 percent increase in site coverage…the proposed project is growth inducing which was never examined in the MND,” the appeal missive further states.
Other aspects of the proposal that the HOA states were not clearly examined include the proposed employee lot across the street on Trancas Canyon Road and how it will cause J-walking. The proposed re-routing of the bus drop off and turn around in the employee parking lot also needs further study, the letter states.
The HOA goes on to address why the findings can not be made for granting approval of a coastal permit because the proposed project does not conform to state law and does not comply with the LCP and the Coastal Act.
The findings cannot be made, according to the appeal, for protection of the Environmentally Sensitive Habitat Area, the joint use and common parking facilities, development siting impacts to visual resources, grading variance and a variance for reduction of the side yard setback.
The appeal letter also states there was a procedural error made during the planning commission hearing. “It was discovered that the planning commission never voted to approve or deny the coastal development permit for this project. To correct this deficiency the project must go back to the planning commission for the CDP to be voted upon,” the HOA insists.

New Cat Collared by NPS

SUBJECT—A female mountain lion, believed to be about a year old, was captured and collared by National Park Service personnel in an area north of western Malibu. Named P-13, she is the newest of the NPS cougar study animals. See page 4. NPS

Charges Against City Employee on Fatal Hit and Run Filed by DA

• Defendant Will Answer to Three Felony Counts at Arraignment

BY BILL KOENEKER

The Los Angeles County District Attorney’s office filed charges against Robert S. Sanchez, an alleged hit and run driver, who is accused of fatally injuring a bicyclist. He is scheduled for arraignment on August 20.
“He is charged with one felony count of gross vehicular manslaughter while intoxicated. He is also charged with a second felony count of driving under the influence and causing injury and a third felony county of leaving the scene of an accident,” said a spokesperson from the DAs office.
Sanchez, who has no previous convictions, is accused of hitting two bicyclists, who were riding on PCH last month while participating in an annual organized ride.
Both were injured, one fatally after Sanchez struck the pair. He allegedly fled the scene of the accident and was later picked up and taken into custody, according to authorities. He was released on $100,000 bail.
Sanchez, 30, who is employed by the City of Malibu as an administrative assistant, struck Rodrigo “Rod” Armas, 45, of Tehachapi, a Los Angeles County deputy probation officer, who died at the scene.
The second person hit was Armas’ son Christian, 14, who suffered leg injuries. Authorities allege Sanchez left the scene of the accident and continued along the Coast Highway for a short distance, before he abandoned his vehicle and hid in the brush. Sanchez was found about two hours later by deputies, who arrested him and took him into custody.

La Paz Attorneys Seek Appeal Hearing Before State Board

• Accuses LARWQCB Staff of Playing Politics Over Delay

BY BILL KOENEKER

The state Water Resources Control Board has been asked to hear an appeal of the Malibu La Paz Ranch for its final approval for its wastewater treatment plant.
La Paz’s attorneys have accused the local Los Angeles board of dragging its feet on the La Paz application and cite the Permit Streamlining Act, which applies to time limits for processing permits, for why the state agency needs to act hastily
A spokesperson for the WRCB said there has been no date set yet for a state board hearing, but it would take at least nine months to process the petition.
During the past year, letters, faxes and emails have been flying back and forth between the La Paz attorneys and the Los Angeles Regional Water Quality Control Board staff about the matter, with the RWQCB executive director insisting La Paz’s application is incomplete and what is needed is a final Title 22 Engineering Report.
The City of Malibu had approved the office and retail center and its Environmental Impact Report, although those approvals are currently being challenged in court by the Santa Monica Baykeeper.
However, La Paz needs a separate permit for its wastewater discharge. La Paz’s wastewater treatment plant is described by its proponents as the “very first in the state to use this state-of-the art green and decentralized system to treat and beneficially reuse all of its wastewater on site.”
In its petition to the state board “to review the failure of the Regional Water Quality Control Board to act on La Paz’s application for water reclamation requirements and waste discharger requirements,” lawyers have made several charges, contending the RWQCB and its staff is playing politics with the application. “La Paz has come to believe that the LARWQCB’s delay is calculated to force La Paz into the teeth of a prohibition that the LARWQCB is currently processing,” the petition asserts.
The petition seeks for the state board to confirm that La Paz’s application “has been deemed approved as a matter of law because of the LARWQCB’s refusal to consider the application within the time required by the permit streamlining act or in the alternative that the state board now schedule a hearing so the La Paz’s application can be promptly heard on its merits by the state board.”
Last month, La Paz attorneys took matters into their own hands and gave public notice that the application would be deemed approved if the board did not act within 60 days. The executive officer of the board Tracy Egoscue immediately sent another letter to La Paz that it was “proceeding illegally” and that no action would be taken until February 2010.
“It is clear no matter what La Paz does, LARWQCB has no intention of complying with its legal obligation to hear the application by Aug. 31, 2009,” the petition goes on to state.
A spokesperson for the state agency said that given the nine months to process the La Paz petition it would be sometime in 2010 before the board could hear the matter if it is deemed a valid petition by the staff.

Email Records Destroyed at City Hall Challenged by Lawsuit

• Litigation Uncovers Policy of Routine Destruction of Electronic Communications by Staff

BY BILL KOENEKER

Alawsuit filed by 11-year Malibu resident Hans Laetz challenging approval of the expansion of the Trancas shopping center (see separate story) also charges that the City of Malibu “destroys on a routine basis, public documents in the form of emails exchanged between the city staff and the shopping center owners, documents the public is entitled to read.”
Laetz cited the city’s “Administrative Policy 5.1,” which directs city staff to delete all incoming and outgoing email as soon as possible. Laetz states that it is city policy to destroy all email from its router and servers to prevent attorneys from reading them.
“Email is specifically mentioned in the California Public Records Act as public documents,” Laetz said. “We have evidence that suggests the city staff and applicant communicated extensively after the city first voiced objections to the Trancas shopping center. While the city staff no doubt acted honorably towards the applicant, the fact remains that the record of how Trancas market went from being unacceptable to being OK was destroyed and that is against the law and state Constitution.”
City Attorney Christi Hogin was not immediately available for comment.
Administrative Policy 5.1 states, “Because the complete deletion of computer files rarely occurs, attorneys frequently seek data files, back up tapes and even hard drives during litigation. Therefore, care must be exercised to follow the city’s network guidelines and procedures.”
Those procedures state “in most instances, this means deleting messages as soon as you have read them, and shortly after you have sent them.”
The municipal guideline does acknowledge that some emails might need to be part of the record. “Depending on the content of the email message, it may be considered a more formal record and should be retained as a hard copy pursuant to the department’s record retention policy.”
Several samples are cited such as communications regarding specific case files and other memorandum of significant public business.
According to the administrative document, email messages are considered “transitory” documents (work in progress) and therefore “are not usually subject to the city’s record retention requirements.”
In his lawsuit, Laetz said he requested, in writing, certain public records, including “all email communications to, among or from all city employees or contract workers regarding Trancas Shopping Center or Trancas market sent after the project proposal was first received by the city.”
After that Laetz says he was furnished with a copy of the city’s administrative guideline on email and Internet use policy. He said since then he was denied a request for additional emails and was told that per the city’s written policy, the emails requested by him had been destroyed to prevent the city’s computer servers from being overloaded and to prevent attorneys from gaining information by gleaming files.
“The City of Malibu has furnished to the plaintiff precisely one email from the Trancas proposal’s architect to a city assistant planner. The sole email referenced above had been printed out and placed in the city file along with other paperwork detailing the ‘Trancas Proposal.’ The above referenced document hints at an extensive series of email exchanges between the applicant and the city that had they been written in paper would have been an indisputable part of the public record on the application,” he noted.
Laetz indicated, in his lawsuit, that it is reasonable to now believe the city has adopted a policy, which holds that all electronic data placed on the city’s network is under control of and is the sole property of the city. The guideline, in fact, states that, “All electronic data placed on the city’s network is under the control of and is the sole property of the city.”
However, Laetz holds that the state code defines public records in such as way to include, “transmitting by electronic mail… regardless of the manner in which the record has been stored.”
Another piece of advice given to city employees handling sensitive materials is that “Data files that are attorney-client privileged communications or are otherwise exempt from the freedom of information laws (i.e. personnel matters) must be marked as such to avoid production as evidence.”

Publisher’s Notebook

• Malibu Stewardship Watch •

ANNE SOBLE

Above and beyond the usual municipal squabbles, if there is one theme that has resonated in the Malibu public policy arena this summer, it is that the local waters are in need of special stewardship on the part of those who live near them, use them for recreation, and view them as an economic resource.
Whether we are concerned about pollution or depletion of the marine population, we are talking about the planet’s life source. There is an interdependency that see-saws, with humans now holding the trump card in keeping waters healthy and alive with the natural bounty that is their due. Although it is always preferable to let nature do its own self-regulation, when humans have impacted resources to such a degree that interference is necessary, we all have to check our special interests at the door and do what’s best for the environment.
The News took some flak for graphic photos of the huge catch at a recent sports competition at Leo Carrillo Beach. Even though the fish, although it wasn’t clear if it was appropriately refrigerated, reportedly went to a homeless center, it still was an inordinate number of fish from a single location. The timing of the event may have provided even more ammunition for those who believe that protected reserves should be implemented in local waters.
Moving to the land side, the National Park Service collared a young female mountain lion in the Hidden Valley area above western Malibu. Dubbed P-13 (P is for puma) the gangly cat joins the ranks of the dwindling number of cougars fitted with monitoring equipment to track movement and, to a lesser degree, behavior.
Although there are always concerns about anesthetizing wildlife and purists who ask whether collars modify animal behavior, the potential to learn more about these wondrous animals and protect them from human encroachment, rodenticides and other lethal chemicals, as well as other tragic fates, is of inestimable value.
Assuming no adverse genetic implications (DNA tests are pending), if this cat ultimately breeds and adds to the ranks of the local cougar population, we can all revel in the sustainability of this aspect of wilderness in our midst. Local residents, especially on Malibu’s western flank, have reported numerous sightings of smaller uncollared cougars in recent months. This girl may be one of them. We hope that there are more.

Backbone Trail Captures the Essence of the Santa Monicas

• Ridgeline Route Was a More than 50-Year Labor of Love for Outdoors Community

BY SUZANNE GULDIMANN

For more than 50 years, conservationists have envisioned a ridgeline trail along the entire length of the Santa Monica Mountains. There have been times when it seemed the plan was an impossible dream. But today, seemingly against all odds, the Backbone Trail stretches for 63 miles, across a checkerboard of public and private lands, through the most remote and spectacular landscape of the Santa Monica Mountains.
A standing-room-only crowd at the Santa Monica Mountains National Recreation Area Headquarters received good news about the future of the Backbone Trail, at a recent event offering a “virtual tour” of the trail.
Created by an Act of Congress in 1978, the SMMNRA is the nation’s largest urban national park, according to the NPS. In addition to preserving some of the most spectacular scenery in the state, the 153,000 acres of mountains and coastline are designated an area of global biodiversity concern, and home to 25 threatened and endangered species, 50 candidate species and more than 1000 documented significant archeological sites.
The City of Malibu is almost entirely surrounded by the SMMNRA, and most of the Backbone Trail, which attracts visitors from all over the world, is located right in Malibu’s backyard.
Only three gaps still exist—less than two miles—in the network of trails from Point Mugu State Park in Ventura County, to Will Rogers State Historic Park in Pacific Palisades that make up the Backbone Trail.
SMMNRA outdoor recreation planner Melanie Beck informed the audience that the NPS is optimistic that two of those gaps will soon be filled.
Etz Meloy Motorway, in the highest and most remote part of the mountains, near Little Sycamore Canyon, is the biggest gap, Beck said. “It’s two gaps really, two pieces of property. One of them looks very promising.”
Beck later told the Malibu Surfside News that, while nothing is definite, she believes that the NPS is “almost there.” She indicated that the NPS is confident that the entire route can be completed in two years time, although the final and smallest gap, three-tenths of a mile in upper Trancas Canyon, remains elusive. Popular rumor has it that the land is jointly owned by California Governor Arnold Schwarzenegger, who is reportedly willing to grant a public easement, and a partner, who isn’t.
“We’re trying to work something out,” Beck said, “Maybe a five-year agreement.”
Currently, Backbone Trail users have to detour around the gaps, which adds about six miles and, at least in one area, can subject hikers and bikers to dangerous vehicular traffic on mountain roads with limited shoulder room.
Improvements to the existing trail segments are also planned. An interagency trail management plan that stalled from lack of funding under the Bush Administration has been revitalized.
According to Beck, funding is now in place for the NPS, as the lead agency, to begin the Environmental Impact Review process for the plan, which includes improvements to trails, access and the addition of several new trailheads. It also proposes eight new backcountry campsites, some specially geared to equestrians, to augment the park system’s three existing campgrounds.
Unlike the camping facilities proposed recently as part of a Santa Monica Mountains Conservancy plan, the proposed Backbone Trail campsites, which would be administered by the NPS, have not garnered extensive criticism from local residents.
Beck told The News that patrol management is an integral part of the trail plan and that the camp network would be managed through a permit reservation system. Campfires would be prohibited, and all of the proposed sites would provide sanitation facilities with what she described as “sustainable technology,” such as composting.
According to Beck, all equestrian camps would have a water source, although hike-in campsites may require hikers to pack their own water. Back-country camps would be small, potentially accommodating up to 12 persons at three or four campsites per location.
Backpacking advocates say they anticipate the day when trail users can travel the entire trail in a week-long uninterrupted pilgrimage. Until then, most trail-users opt to tackle the Backbone in a serious of hikes, ranging from short stretches easy enough for young children to grueling marches that involve hundreds of feet of elevation loss and gain.
Remarkably, much of the backbone trail system has been constructed and is maintained by volunteers, although the California Conservation Corps, and professional staff from various parkland agencies are also involved. Beck says that volunteers have also worked to gather baseline data, such as GPS coordinates and trail grade, and up-to-date information on conditions and obstacles.
Because the trail network has been pieced together gradually from old animal paths, single track and fire roads, only the newer sections have been built to modern trail standards.
Improved signage and a number of trail realignments are part of the planned improvements. Currently only hikers can transverse the entire length of the trail. Some areas are not suitable for either mountain bikers or equestrians. NPS representatives advise all potential trail users to check with rangers before heading out. Conditions, they say, can change.
Sheila Braden, who coordinates an annual group walk compriseed mostly of people in their sixties and older that covers the entire Backbone Trail for the National Park Service-Santa Monica Mountains Trails Council, remembers the early days of the Backbone project.
“I started in 1990, the trail was 43 miles, then. I read about middle-aged people walking the Backbone Trail, and I said, ‘Other people have walked it, all kinds of people, why not us?’” That was just the first of many treks. “There is no way you can really understand [the Backbone Trail] from books, You have to do it.” Braden said.

Surf and Marine Life Photographer Hunts with His Camera

• The Ocean Provides an Infinite Backdrop for Everything from Great Whites to Surf Pros

BY ANNE SOBLE

As local environmentalists and recreation and commercial fishing interests grapple with how to best protect the marine inhabitants of local waters, someone who spends much of his time in those waters armed with cameras and other photographic equipment says there is no substitute for protection and education if Malibu’s marine environment is to thrive.
Dave Ogle, who obtained a master’s degree in educational psychology from Pepperdine while responding to a personal marine mammal spirit nurtured by growing up in an outdoor and ocean oriented family, describes himself as “an extreme photographer, videographer, cinematographer and thrill seeker.”
While doing a commissioned shoot several weeks ago, he hovered a few feet above a 13-to-15 foot great white shark off the Malibu coast in a helicopter and took a photograph of the sleek predator that ricochetted around the world in less than 24 hours.
Ogle says that he has been an avid fisher since childhood, but stresses that his fishing is done in healthy waters with large fish populations capable of well balanced replenishment.
Ogle says that there really should be no warfare between the environmental and the recreational fishing communities as they both want the same healthy ocean waters. Both groups want thriving fish populations, he said, adding that recreationists have to realize that protected waters will reward everyone in the long run.
Pristine water is also necessary for surfing, which is another of Ogle’s passions. He has photographed 40- and 50-foot waves in Hawaii and Mexico, saying, “I’m fearless when I jump in the water.”
Armed with his special underwater gear, Ogle specializes in shooting private footage of surfers on every level. In his documentary filmmaking mode, he has travelled the world for film and television productions.
Ogle said he is currently heading for post production on a documentary about the iconic local surfer Alan Sarlo, with a pre-screening expected within the next few weeks, possibly at an event to take place on the Malibu Pier.
Of the local great white shark whose photo made headlines on every continent, Ogle said that whites and other endangered species depend on humans for their survival. Thousands of whites are needlessly slaughtered every year. Policies that encourage public education and enforce the protection that these animals need are critical if the species are to survive.
Of his personal transition from the bright-eyed child posing proudly for a photo with a freshly caught thresher shark to the person who still relishes a battle with an edible denizen of the deep but won’t harm anything endangered, Ogle says, “Now I only shoot with a camera.”
Photos of whites in particular are important to demystifing and dedemonizing animals that are classic examples of the natural selection and balancing process that, except where impeded by human interference, has been self-sustaining for millennia.

Planning Commission Gives Final OK to Trancas Center Plans

• City’s Approval of the Major Expansion May Be Appealed to California Coastal Commission

BY BILL KOENEKER

The Malibu Planning Commission, on a 3-1 vote, with Commissioner John Mazza dissenting and Commissioner Regan Schaar absent, last week approved the permits and entitlements for the Trancas Country Market expansion plans.
The proposal now includes a scaled back version, after Dan Bercu, who heads up the ownership of the commercial property, withdrew the application for the nearly 11,000-square-foot building planned for the east side of the Trancas Creek.
The resolution approved by the commission grants approval for a 25,728-square-foot addition to the existing shopping center located at the intersection of Pacific Coast Highway and Trancas Canyon Road.
While the chambers weren’t packed as they were for the previous commission hearing on the matter, the critics were just as vocal in their opposition to the project that was approved.
In a hint of what might be to come, neighbor and shopping center critic Hans Laetz said there were 17 violations of state and city laws if the commission granted approval.
“We are entitled to an Environmental Impact Report,” he told the commissioners. “When this matter goes to the California Coastal Commission, you will be told you don’t know what you are doing, and [the city] will be a laughingstock. That is a shame.”
As opposed to the fee of $4000 that is required to appeal a commission action to the city council, there is no fee to file on an appealable issue to the state coastal agency, so appeal is already in the works.
The Trancas property is in what is called an appealable zone, meaning it can be appealed directly to the Coastal Commission, which would have final jurisdiction over the coastal permit and other entitlements. There are certain areas in Malibu that are designated on the Local Coastal Program maps that were judged to be appealable zones by the CCC-mandated document.
Laetz also warned of other issues that will apparently be hashed out at the state commission level.
“We proved the city biologist wrong. There is a saltwater body on the property. The parking lots would infringe on an Environmentally Sensitive Habitat Area. The LCP requires an interior circulation plan. You approved the California Environmental Quality Act documents for the center without review,” he said.
Lucille Keller, representing the Malibu Township Council, said that group is also still insisting the proposal needs an Environmental Impact Report.
She said the issue of inadequate parking that was said to be mitigated by a parking agreement has not been resolved. “The stores are operating at the same time. That does not qualify as a joint use agreement,” she said.
Keller noted the promise of a locked gate for the employee parking area planned for across the street on the other side of Trancas Canyon Road does not then qualify as a parking site.
She also cited traffic as a major concern, especially at the intersection during emergencies and any kind of evacuation.
Members of the Malibu West Homeowners Association also spoke up about the need for an EIR and talked to the commissioners about what the EIR undertaken by the previous owners of the property, the Malibu Bay Company, that was done by Envicom, Inc. had to say about ESHAs, traffic and other issues.
However, the planning panelists were told by the assistant city attorney that the public hearing was closed and they could not consider any new evidence unless they reopened the hearing. “This is not a public hearing. You can’t consider any new evidence or discuss any new evidence. You can open up a new hearing by vote,” said Assistant City Attorney Greg Kovacevich.
The assistant city attorney also noted that the commissioners could only consider the resolution already drafted by the staff that was before them.
Mazza said he had voted against approving the Mitigated Negative Declaration before them at the last session and wanted to know how that would be handled this time.
Kovacevich said the MND was again in the resolution because it no longer pertained to parcel three, but only parcel one and two.
The motion in favor was made by Commissioner Jeff Jennings and Mazza was the sole dissenting vote.

Mayor Responds to Discussion of Imposition of a Septic System Ban

• RWQCB Says Curbs May Be Applied to Civic Center Area

BY BILL KOENEKER

Malibu city officials responded this week to the announcement that a proposed septic system ban in the Civic Center area will be discussed by the Regional Water Quality Control Board on Oct. 1.
The proposed action, according to a RWQCB staff memo, would affect existing and future on-site wastewater dischargers. Types of systems that could be prohibited range from passive systems with conventional septic tanks to active systems that more aggressively remove pollutant loads from sewage before any subsurface disposal takes place.
The prohibition could apply to systems that serve individual properties, as well as residential, commercial, industrial and publicly owned properties.
In a press release formally issued by City Manager Jim Thorsen, Mayor Andy Stern said the city shares the board’s vision and mandate for improving ocean water quality. “The City of Malibu has been moving responsibly and aggressively to improve water quality in our local waters. The health and safety of our families and visiting tourists is our top priority,” he said.
The regional board staff has indicated that prohibiting new septic systems and a ban against existing ones in five years would restore beneficial uses designated for groundwater, including Malibu Lagoon and nearby beaches.
Stern said the city is working toward a centralized wastewater system for the Civic Center. “Malibu authorized $2.6 million in January 2009 for design and engineering of a wastewater treatment facility,” the mayor stated.
The RWQC board staff in its technical reports indicated they had determined that pathogens from wastewaters migrate to source waters, and the levels of pathogens do not meet standards.
Stern said the city has authorized two that will help drive municipal wastewater solutions. “We are very disappointed the board is moving forward with a prohibition when we are on the doorsteps of determining real causes and developing real solutions, especially when this prohibition can consume limited city staff time and other resources that should be dedicated to improving water quality,” he said.
The mayor said that while the city is designing and planning such a system, it would be helpful if all stakeholders entered into a discussion about how to finance such a central wastewater system for the Civic Center area. “It will be an expensive undertaking that will require thoughtful input and consideration by the regional board, city leaders, local businesses and residents, environmental organizations and many others,” Stern noted.
Municipal officials point to Legacy Park as “the centerpiece” of the city’s $50 million commitment to clean water, describing it as one of the state’s “most innovative stormwater and urban runoff projects.”
Thorsen, Stern and other city officials insist the project will “transform 17 acres in the heart of Malibu into a central park that will serve as an environmental cleaning machine, capturing, cleaning and disinfecting up to 2.6 million gallons of stormwater and urban runoff.”

Council Moves Ahead on Financing to Purchase Building for a City Hall

• Contract with Design Firm Vetted

BY BILL KOENEKER

Malibu’s local government moved two steps closer to its own city hall this week when members approved a financing plan and hired consultants to ready the building for its opening.
Council members were told it might take up to a year before the building is ready for use. The council approved an agreement with LPA, Inc. for architectural design services for its newly acquired City Hall building purchased for $15 million.
LPA, the firm hired to redesign the Malibu Library, has been directed by city officials to determine how to best allocate available office space for a city hall, while maintaining space that can serve community, theater and multi-media functions.
City officials say the building has adequate space for city staff, council chambers, a senior center, space for community uses and can also be rented out as a state-of-the-art media facility.
Municipal officials had already decided to use LPA for the entire design process through final construction documents and bidding.
LPA has designed 10 city halls, numerous performing arts centers and 10 community centers. LPA has over 140 LEED-accredited professionals at the firm, LPA’s resume states.
Rick D’Amato, an LPA spokesperson, said it is an opportunity to make the new city hall the civic heart of the community.
He also explored how the building could be accessed and changes that could be made to alter the outdoor spaces because currently the building sits in a sea of parking lots. “We can extend the building spaces,” he said.
The designer also talked about opening the building up to the outside by creating operable windows and operable skylights. “We want to bring air through the building,” he said.
The LPA spokesperson said his team would be meeting with department heads, staff and each council member to get their input.
The other order of business was setting up the certificates of participation that will be used for financing the acquisition. The city will issue COPs not to exceed $22 million that will generate about $15 million in proceeds, which is the cost of the building.These funds, together with about $1.7 million appropriated from the City Hall Reserve Fund, will be used to reimburse the city for the acquisition of the property and fund necessary costs to convert the building, according to city officials. Certificate proceeds will also fund a debt service reserve fund capitalized interest with respect to the certificate for three years and to pay the costs of issuing the certificates.
City Attorney Christi Hogin said the financing was structured so that the city would never be paying for both the current and the future city halls. The city’s lease for its current space is for another three years.
In a somewhat complicated scheme, the city’s Malibu Public Financing Corporation, made up of the city council, approved the lease purchase agreement between the city and the public financing operation. That meeting took place in a special session when the council recessed and the financing corporation convened. Shortly thereafter, the council resumed its regular session.
Council members were told the city leases the building to the finance corporation and the corporation leases it back to the city for lease payments.
Council members were also told the city has an outstanding credit rating of AA+.
It was also explained that the financing structure is the same as the one used to acquire Legacy Park. In that case, the debt service is paid back by the collection of rents from the buildings acquired by the city in the purchase and the construction of the Malibu Lumber Yard.
In the case of the new city hall, the rental payments currently paid, close to $1 million per month, will be used for the lease payments. That amount is estimated to be about $1.45 million based on current interest rate assumptions. The first annual lease payment that the city will be required to make from the general fund will be due on Dec. 15, 2012. If the city were to remain as a renter in the existing city hall facility, annual rent in 2013 would be about $1 million. It is anticipated that the additional $450,000 needed will be generated by the rental of the performance and recording areas of the new building.
In other action, Mayor Andy Stern had a new name for a boondoggle project forced upon the city. Previous council members had called it the ghost shuttle. “This is the nuthead ghost shuttle,” he said. The mayor was referring to the $54,600 contract for the upcoming year for what is called the “ghost shuttle,” so named because it goes from the Westward Beach parking lot to the Point Dume headlands with very few, and often no, passengers.
Stern said the city has unsuccessfully attempted to modify the agreement. The mayor indicated that there are so few riders that the average ride costs the taxpayers $60 each.
Nevertheless, an agreement the city entered into in 2000 with the California Coastal Commission and the state Department of Park and Recreation requires the city to provide the shuttle service, even though it has proven to be ineffective. The agreement was reached to end the litigation over access issues at the headlands

Council Agrees that Blufftop Mansion and Access Road Need Enviro Impact Report

• Big Rock Residents Win Appeal

BY BILL KOENEKER

In what appeared to be a victory for Big Rock residents who live on Seaboard Drive, the Malibu City Council, with Councilmember Sharon Barovsky absent, voted this week that an area blufftop mansion and its long and winding access road require an Environmental Impact Report.
The action was taken after both the applicant and a neighbor appealed the planning commission’s decision approving the plans, but putting restrictions on the basement.
The planning panel had approved the two-story, 10,517-square-foot, single-family home with pool and tennis court that required several variances for the winding mountain driveway, but had put restriction on the plans for the basement. The applicant, the Breitman family, was appealing those restrictions and neighbor Al Broussard was appealing the approvals for the home and driveway.
Broussard and many of his neighbors, including Big Rock resident Lou La Monte, argued the there were many unanswered questions that had not been addressed by the Initial Study.
“It appears to be the development of four houses. It should require an EIR,” said La Monte, who said he was speaking on behalf of the Big Rock Homeowners Association. “They overwhelmingly oppose this project.”
Big Rock residents and their attorney told the council how there might be significant effects that were not at all studied.
They also discussed how the project was actually a small four-lot subdivision needing an access road. They accused the applicant of “piecemealing” development in order to avoid the cost and further scrutiny of an EIR.
The applicant and city planner insisted what was before the council was one house, not four, but did acknowledge there were three other buildable lots.
Councilmember Pamela Conley Ulich started council deliberations by saying she was leaning towards an EIR because “we are looking at four homes.”
Councilmember Jefferson Wagner said there was no information about how much stormwater flow and drainage was involved after creating non-permeable surfaces because of the long road and the housing pads. “We probably do need an EIR,” he said.
Councilmember John Sibert asked City Attorney Christi Hogin what is required to trigger an EIR. However, the answer did not seem to satisfy Sibert since Hogin talked more about needing to evaluate evidence, evaluating if there is a fair argument for significant impacts and the threshold significance.
“It is a judgment call,” Sibert concluded.
Mayor Andy Stern wanted to hear how and if the impacts of the any new homes would be on the assessment district in the slide areas of Big Rock and how construction traffic would be addressed.
Sibert said he was troubled by the 20-foot wide road which would not really be required for one house. “It did not need to be a 20-foot wide road even if it was two houses,” he said. “It is an Environmentally Sensitive Habitat Area on both sides of the road. I have a real difficulty with that, whether it is one house or it is four houses.”
The council discussed the costs of an EIR, if the applicant would be willing to condition approval for promising to built only one house on the four lots and how much surface was involved in a concrete 20-foot-wide road.
The planning staff kept trying to assure the council that most of their concerns were addressed by the standard conditions imposed upon applicants in the approval process. However, most of the council members were not buying.
As a test, the council moved the staff recommended motion of denying both appeals, but that lost on a 4-0 vote.
It was Wagner, who repeated, “This needs an EIR.” Sibert agreed. “We should require an EIR,” he added.
Hogin said the council would have to voice the issues they wanted addressed. The council, on a 4-0 vote, agreed to require an EIR that studied the impacts of the 20-foot- wide road, or an alterative, the impacts of construction since plans call for a concrete and steel caisson road, and drainage issues.

City Hires Public Relations Firm to Try to Improve Its ‘Image’ Issues

• Some Ask Whether Firm’s Ties Might Be a PR Issue

BY BILL KOENEKER

Malibu city officials have hired a public relations firm that not only has close ties with other business interests in Malibu, but also worked with one of the city’s foes, an LNG firm that had attempted to locate an offshore LNG facility within Malibu’s line of sight.
Fiona Hutton and Associates, which worked for Malibu-based Weintraub Financial Services, when the real estate firm moved through the approval process for its Malibu Lumber Yard shopping mall on land owned by the City of Malibu, was hired by the city on a three-month trial basis, according to City Manager Jim Thorsen.
Both Thorsen and a spokesperson for Hutton brushed aside the notion that some of those former or current clients might pose PR problems for the city or the PR firm because they are connected to municipal policies that environmental groups are critical of and have taken legal action against.
“We have a strong and productive relationship with the environmental community,” said Laura MeCoy, who is a strategic communications advisor for Hutton and a former journalist.
The PR firm also worked for Los Angeles Dodgers owner Frank McCourt, who has homes in Malibu, when he first purchased the team.
However, it is Hutton’s long-term association with Woodside Natural Gas, which chose Hutton, according to the PR firm’s website, to develop its strategic planning, communications and media relations for the entitlement and environmental review process for its OceanWay LNG project that might raise questions in the offices of the groups that fought hard to oppose the now scrapped project and are also in the thick of local environmental issues, especially wastewater management and water pollution.
MeCoy said Woodside is no longer a client of the firm. She noted Hutton and Associates are still affiliated with Weintraub, but are not working any longer on the Lumber Yard shopping center.
Thorsen said Hutton was hired to work on many issues but also especially the weaknesses on the environmental front that plague Malibu City Hall.
“It is not strictly related to environmental. But we have huge issues on the environmental [front]. We need a better PR presentation. There is nobody on the staff that can do that. I’ve known her work,” said Thorsen.
The city was sharply opposed to the Woodside LNG ocean facility that would have been located within line of sight of the Point Dume’ shoreline and pitted Hutton against council members who testified against the proposal.
Thorsen was asked about that, but dismissed the notion of any potential problem when he was asked if Hutton’s work would be handicapped by this association “No, not at all,” he said.
MeCoy said Hutton’s work through the years has given the firm strong ties to many of the environmental organizations throughout the state.
Other public entities on Hutton’s client list, according to the firm’s Web site, include the Metropolitan Water District, the Los Angeles Zoo, the City of Santa Clarita, The Delta Wetlands Project. The firm has also handled various initiative campaigns, including the Indian gaming propositions on the 2008 ballot; Yes on 71, a stem cell research measure; Yes on Prop 84, a conservation bond measure; and Yes on 50, a water bond measure on the 2002 ballot.

Chumash Organization Seeks Special Status for Waters Off Nicholas

• Only Recreational Fishing Would Be Allowed within a One-Mile Radius from the Shore

BY SUZANNE GULDIMANN

For thousands of years, the Chumash were the stewards of the Malibu area’s coastal resources. Some of their descendants, in a proposal to the Marine Life Protection Act Initiative, are asking to resume stewardship, at least along a small portion of the local coast.
The Wishtoyo Foundation’s proposal is for a Chumash co-managed State Marine Conservation Area to be located in the waters off of Nicholas Canyon Beach. Called the Sequit Marine Protected Area to reflect the name of the original 1802 Rancho Topanga Malibu Sequit Spanish land grant, the proposed MPA would encompass roughly one and half square miles of ocean, and approximately two miles of shore.
“This stand alone MPA proposal is intended to set forth and introduce parameters for a co-beneficial partnership between the Chumash people, all MLPA stakeholders, and the California Department of Fish and Game, that best protects and preserves the ecological integrity of our coastal waters and the culture of the Chumash people, ” the proposal to the MLPA Initiative blue ribbon task force states.
“Without protecting the ecological integrity of our marine ecosystems, the culture and well-being of the Chumash people, and of all people in this local and global community to which we all belong, will continue to be severely threatened and will suffer greatly,” the proposal continues.
Wishtoyo executive director Mati Waiya is quick to point out that the Sequit MPA proposal is not intended to replace a State Marine Reserve at Point Dume, but to compliment it. Waiya told the Malibu Surfside News that it is vital that the final South Coast region MLPA plan incorporate the waters from Latigo to Point Dume.
“People forget,” Waiya said. “Point Dume is a sacred point for the Chumash. A shrine area. Point Conception is the westernmost boundary, with Point Dume at the other end.”
“If we’re going to establish MPAs, we need to support what they truly stand for,” Waiya said, advocating for the highest level of protection at Point Dume. However, the MPA he is proposing for the Nicholas Canyon area would be closed only to commercial fishers. Unlike other SMCAs, sustainable species in the Sequit MPA would remain available to recreational fishers, including spear and surf fishers, provided that traditional methods of fishing are used.
Waiya says he would like to see Chumash fishing techniques revived, such as abalone fishing hooks, and the ingenious traps made from native plant materials that were used to trap fish and spiny lobster.
“I would like to see us teaching that to some of our children,” he said, describing how such a program could be integrated into Wishtoyo’s Nicholas Canyon Chumash Discovery Village education program, which he says, offers a hands-on introduction to Chumash traditions and culture to thousands of school children throughout Southern California.
“It’s an opportunity for them to become empowered,” Waiya says. “It’s a window of opportunity for stewardship.”
It’s also an opportunity for the Chumash people to continue to “maintain and revitalize” their culture, Waiya adds. A culture that came extremely close to extinction in the 20th century. “This is our children’s future,” Waiya says. “To deny it from them would be unjust.”
Waiya dreams of one day using tomols, the wooden boats of the Chumash, to help maintain the proposed Sequit preserve. He calls it “eyes on the water,” and hopes that area residents, kayakers, surfers, swimmers and beachgoers could also participate, keeping an eye on resources and reporting concerns or changes to the DFG, which will be overseeing the entire network of MPAs once the MLPA Initiative process is complete.
The proposal to close the area to commercial fishing interests may not go over well with lobster and squid fishers that frequent the area, but the Sequit MPA would only extend one mile into the ocean instead of the full three miles out to the state boundary.
Recreational fishers have expressed relief that the proposal would leave the area open. The kelp beds off of Nicholas Canyon Beach are popular with kayakers. Surf fishers are a frequent sight along the wide sandy cove. Divers say the area is not for beginners, the south swell that makes the beach famous as a surf break can be a serious hazard for divers, but the waters offer experienced divers an unspoiled submarine landscape of reefs and towering forests of kelp.
“It’s a tough swim out to the best diving,” one diver told The News, “but it’s worth it. “I’ve seen bat rays out there, angel sharks, octopus, massive squid.”
Locals say that even the elusive sea otter, rarely seen this far south, is occasionally spotted in the kelp beds, fueling the hope that one day the long-endangered marine mammal will make a comeback in local waters.
Waiya hopes that, with enough protection, many endangered and declining species will have the potential to make a comeback to the waters traditionally fished by the Chumash.
The Sequit MPA would also protect another endangered resource—submerged cultural artifacts from millennia—according to some archeologists, as much as 8000 years—of Chumash habitation in the Nicholas Canyon area.
“It is our responsibility to protect the land, water, and oceans we exist upon for the common good and to sustain our well-being, co-existence, and harmony with the world and the many diverse surrounding communities that we depend on,” the Wishtoyo proposal concludes.

Publisher’s Notebook

•Malibu Celebrates a Win for the Wild Horses •

ANNE SOBLE

Victories don’t come easily in public policy battles against entrenched special interests that dominate the American political process with generous campaign largess and “good-old-boy” relationships that can transcend the dollar. Thus, even the smallest wins, whenever and wherever they occur, are savored by all who share a cause. As has been noted in articles in this publication and others, the plight of the native American horse, yes, it is a native species, is lamented by many of us who are equestrians, as well as those who have never ridden but revere the wild horse as the icon of our cultural heritage and history that it is.
We don’t know whether Federal District Court Judge Rosemary Collyer spends any of her spare time in the saddle, but she ruled last week that the Bureau of Land Management exceeded its authority when it planned to remove all of the wild horses in a small herd in Colorado without justification. Giving voice to creatures who have no voices, a number of wild horse and burro proponent organizations want the Wild Free Roaming Horses and Burros Act, not perfect legislation but at least some semblance of protection, to be enforced.
BLM, which is often more concerned with assuring that ranchers and energy speculators have low-cost to no-cost access to public lands that should be shared with the nation’s wildlife, was going to remove the herd by various forms of trapping with varying degrees of brutality. That what the court called “eventual destruction” would be the end result for many of these animals was the anticipated consequence.
Although the law allows for some forms of herd management, slaughter of sustainable animals is not supposed to be one of them. Congress has put limits on how to determine if excess population is detrimental to the environment. But the Roaming Horses and Burros Act would be honored more in the breach, if it were not for the equine advocacy groups, such as the many state wild horse and burro coalitions, the American Mustang and Burro Association, and numerous regional and local equine rescue groups and foundations that are active on these animals’ behalf.
Judge Collyer importantly said whenever a herd—and this might apply to any animal, the coyote, the mountain lion—exceeds capacity because of a shift in behavior or locations, development occurring in the area should be taken into account...and behavioral patterns that are caused by human development, as opposed to overpopulation, should be addressed differently when assessing management options.
This is but one small herd. Many thousands of wild horses and burros face similar threats throughout the west. The groups that do battle in their name need the help of us all so that the hoofbeats of America’s cultural heritage will continue to be heard.

First Annual Contemporary Art Fair Comes to Malibu Country Mart

A little bit of the city comes to the country when the first Malibu Annual Contemporary Art Fair comes to the Malibu Country Mart on August 28-30. Seven Los Angeles-based contemporary art galleries are going to the beach when they show their work at the art fair.
China Art Objects, Chung King Projects, Circus Gallery, The Company, Eighth Veil, Parker Jones and Sister are participating.
The art fair will showcase the work of over 40 internationally exhibiting artists. The event is free and open to the public.
The event will premiere for one weekend in the heart of Malibu and folks are insisting it is no exaggeration to say the fair is bringing some of the most exciting contemporary galleries in LA to the beach for an art affair “the likes of which have not been seen in Malibu” a press release stated.
John Kruth of Circus Gallery, who is organizing the event, said he had come up with the idea for a different kind of program.
Kruth explained the gallery scene in LA in August is “notoriously slow,” and this is sort of a way to “take the show on the road.”
The gallery owner also said it is a “good excuse” for the artists and the other gallery owners to “get out of town.”
“It is a grassroots marketing campaign,” Kruth said, adding he drove around Malibu looking for empty retail spaces, which he noted were aplenty, and came upon the empty classrooms at the Malibu Country Mart.
Michael Koss, who owns the Malibu Country Mart, said he was willing to contribute the space. “We thought it would be a nice community event. We encourage community activities at the Malibu Country Mart. It is all about the community,” he said.
The art fair will be held in a 4000-square-foot space that once housed a high school. Each participating gallery “will commandeer and re-invent a classroom,” and present works both from gallery-represented artists and special projects made specifically for the Malibu festival.
The artists work in a variety of media (painting, photography, sculpture, video, drawing and installation), which will give the public a glimpse of some of Southern California's freshest galleries, Kruth says.
The event also will feature performance art projects and video screenings for visitors. A schedule will be posted on the website www.malibuannual.com.
A preview party takes place on Friday, Aug. 28, from 7 to 10 p.m. The fair is scheduled for Saturday from noon to 8 p.m. and Sunday, Aug. 29, noon to 6 p.m.

Paparazzi Melee Court Date Has Now Been Rescheduled to October

Two Malibu men who have been charged in connection with the infamous shoving match between paparazzi and local beachgoers at a Point Dume cove when local actor Matthew McConaughey was being photographed while he was surfing, have had their pre-trial date moved forward to Oct. 9.
Skylar Martin Peak and Philip John Hildebrand were never formally arrested but were subsequently charged with misdemeanor battery in the high profile scuffle.
The pair could be sentenced to a maximum of six months in jail and a $2000 fine if convicted, but since neither man has a prior offense, maximum sentencing is considered unlikely.
A paparazzo alleges that he and his photography equipment were thrown into the ocean by the defendants.

White Shark Holding Pen Is Back Off the Malibu Coast

• Research Team Is Another Indicator of the Acknowledgement of Whites’ Local Population

BY ANNE SOBLE

The Monterey Bay Aquarium had originally announced that it would not put another young white shark on display until its Outer Bay exhibit was redesigned, but that work has been delayed, and the MBA shark pen is now back in Malibu waters waiting for a likely subject.
MBA spokesperson Ken Peterson told the Malibu Surfside News, “We’re hoping to have another young white shark with us this fall and, as in the past, for as long as she/he is doing well in Monterey.”
Peterson noted that the “field team has already tagged and released three young animals in Southern California waters.” The tagging is an integral part of MBA’s overall white shark research efforts, as data from tagged animals sheds light on feeding, breeding and travel patterns.
Peterson said the aquarium’s game plan remains the same, despite the later than usual startup, to take in healthy juvenile specimens that have been caught, often inadvertently, in the nets of area fishing crews.
However, this year, the MBA spokesperson said, “We will be doing more fishing on our own—the better to know the condition of the young shark from the moment it’s caught until we’re ready to consider bringing it to Monterey.”
A contender for potential display will remain in the four-million gallon floating mesh enclosure until the scientific team has determined it can handle the rigors of transport and tank life.
Monterey Bay Aquarium has selected four juvenile whites for the truck ride north in a special 3000-gallon aquarium on wheels since 2004. Three remained in captivity for periods of four to six months before being released in Monterey Bay, usually after beginning to show signs of stress and decimating the ranks of other species in the exhibit.
Prior to their release, the sharks were equipped with monitoring devices that transmit the detailed tracking data, which is available for viewing on MBA’s Web site.
The fourth shark selected, a small, young female, ate only once in 11 days and, out of concern for her well-being, was returned to local waters. According to MBA, “She too did well after release, during the short period for which we have tag data.” The shark’s tag was shed prematurely.
The aquarium maintains that the exhibited sharks are emissaries for their conservation and help to counterbalance the demonization of the animals prevalent in the mass media. More information on the MBA program is available at www.montereybay aquarium.org/cr/whiteshark.aspx

Is Regional H2O Board Poised to Put End to Some Local Septic Tank Use?

• Action on Civic Center Commercial Area Set for October

BY BILL KOENEKER

The Los Angeles Regional Water Quality Control Board will consider a ban on septic systems in the Civic Center area of the City of Malibu at a public hearing slated for Oct. 1 at 9 a.m.
The meeting will be held in the board room of the Metropolitan Water District at 700 W. Alameda Street in downtown Los Angeles.
Copies of a tentative resolution with the proposed amendment, a technical staff report, including five technical memoranda and an environmental staff report containing substitute environmental documentation, including an Environmental Quality Act analysis, are available for public scrutiny.
The proposed action or amendment, according to the RWQCB staff notification, is “to stop and prevent impairment of groundwater and surface waste in the Malibu Civic Center area.”
“This proposed regulatory action would help restore beneficial uses designated for groundwater, Malibu Lagoon and nearby beaches. The prohibition would also reduce public nuisance resulting from reliance by many commercial OWDS dischargers on tanker truck transport for a portion of the sewage generated by activities on their sites,” the state agency’s notice states.
The proposed prohibition would affect existing and future on-site wastewater dischargers, including Malibu Valley, Winter Canyon and adjacent coastal strips of land and beaches, according to the RWQCB.
Types of systems that would be prohibited range from passive systems with conventional septic tanks to active systems that more aggressively remove pollutant loads from sewage before subsurface disposal. The prohibition would apply to systems that serve individual properties, (residential, commercial, industrial and public properties) as well as groups of those properties, according to the RWQCB staff.
The prohibition would immediately prohibit all new discharges and would prohibit discharges from existing systems within five years from the date of adoption by the board, according to the notice.
An exemption would allow for “zero-discharge” projects, if a discharger can demonstrate that reuse, evaporation and or transpiration will use 100 percent of the wastewater generated by activities on a site will not contribute to the rise in the water table and will contain and properly handle any brines and/or off-specification wastewaters that cannot be reused/discharged that meet established standards, according to the report.
A summary of evidence found in the draft technical staff report written by RWQCB staffer Wendy Phillips asserts that permitted dischargers have a poor record of compliance with board orders. She said that pathogens and nitrogen in wastewaters impair underlying groundwater as a potential source of drinking water, though groundwater in the Civic Center is not an existing source of drinking water as a future resource, “in the event of a disruption of deliveries of imported water, groundwater is an important local resource.”
Pathogens in groundwater did not meet the drinking water standard and nitrogen in the groundwater does not meet the drinking water standard. The data were taken from test wells in the Civic Center, according to the report.
Pathogens in wastewater that are in hydraulic connection with beaches are a significant source of impairment to water contact recreation.
“Staff determined that pathogens from wastewaters migrate to source waters and that consistent with data supporting the designations of impairments, the levels of pathogens do not meet standards protective of human health. Staff also determined that risks of infectious disease from water contact recreation were elevated at beaches in the Malibu Civic Center area versus comparable beaches with sewers,” the report notes.
Nitrogen loads in wastewater flowing to Malibu Lagoon are a significant source of impairment to aquatic life.
Dischargers with unsuitable hydrogeologic conditions for high flows of wastewater resort to hauling liquids sewage and sludge to communities that have sewer and wastewater treatment facilities.
“In 2008, ten dischargers whose activities generated a total of approximately 28 million gallons of wastewater (77,000 gallons per day), hauled almost two million gallons (5500 gpd) or about seven percent of their raw sewage to off-site disposal facilities,” Phillips wrote, indicating the ten dischargers have cumulatively increased their rate of wastewater generation by 15 percent and their rate of hauling by 29 percent.

Charges Slated to Be Filed Against City Employee in Hit and Run Fatal on PCH

• Issue of Delay Raised by Residents

BY BILL KOENEKER

A traffic investigator for the Los Angeles County Sheriff’s Department said the agency will be filing charges against Robert S. Sanchez, an alleged hit and run driver, who is accused of fatally injuring a bicyclist, with the District Attorney’s office sometime within the week.
“The investigators are meeting with the DA on Wednesday,” said Sgt. Philip Brooks of the Lost Hills Sheriff’s Station.
Brooks brushed aside any questions about how long it took to file charges against the Malibu city employee, who is out on bail, saying each investigation is different and that detectives were awaiting blood test results, which can take up to thirty days.
“They needed to talk to the crime lab. We have up to a year to file,” he said.
The investigator said Sanchez would be charged with driving under the influence, hit and run and vehicular manslaughter.
Sanchez, who has no previous convictions, according to Brooks, is accused of hitting two bicyclists, who were riding on PCH last month while participating in an annual organized ride.
One cyclist was killed and the other was seriously injured after Sanchez, who was allegedly driving under the influence, struck the pair. He allegedly fled the scene of the accident and was later picked up and taken into custody, according to authorities. He was released on $100,000 bail.
Sanchez, 30, who is employed by the City of Malibu as an administrative assistant, was reportedly driving along the 34000 block of PCH near Nicholas Canyon at 1:27 a.m. on a Sunday night when he allegedly crossed over the fog line and struck Rodrigo “Rod” Armas, 45, of Tehachapi, a Los Angeles County deputy probation officer, who was pronounced dead at the scene.
Also hit was Armas’ son Christian, 14, who suffered serious leg injuries. The two cyclists were participating in an annual event sponsored by a Los Angeles bicycling club and were nearing the end of the event when the incident happened.
Authorities allege Sanchez left the scene of the accident and continued along the Coast Highway for a short distance before he reportedly abandoned his vehicle and hid in the brush. Sanchez was found about two hours later by deputies, who arrested him and took him into custody.

Pot Pharmacy Appeals Planning Commission’s Denial of Permit

• Contends Proximity to Park Should Be Reconsidered

BY BILL KOENEKER

The operator of an existing pot pharmacy has filed an appeal of the Malibu Planning Commission’s denial of a permit to operate the facility and wants the city council to reconsider the matter.
Linda Parsley, in a letter to the city, indicated the planning commission “failed to apply clear intent of the Ordinance 328 as it relates to how to determine the proximity of their leasehold to the reopened Las Flores Canyon Creek Park.”
Parsley, who operates Green Angel Collective, an existing medical marijuana dispensary, noted the commission improperly found that the park had been opened or rebuilt as a park “subsequent to the applicant’s opening and operating as a medical marijuana collective, and improperly denied application for variance.”
In June, the planning panel turned down the request for a variance for a pot pharmacy, currently open, to operate 1000 feet from a park, which is not allowed by city code.
The owners and operators of Green Angel wanted the commissioners to issue a Conditional Use Permit and variance for the business that has been operating for several years in the Old Courthouse Square Plaza, despite being located 1000 feet from Las Flores Canyon Park.
The commission and the assistant city attorney indicated they would deny the request without prejudice and allow the applicants to come back with a zone text amendment to change the law as it currently stands for the 1000-foot radius.
Malibu municipal officials insist the “use variance” sought by Green Angel is prohibited by state law, hence the need to change the city’s zoning code.
During the hearing, Green Angel’s attorney also argued the commission was biased and favored the other pot pharmacy operating in town and alleged that his client could not get a fair and impartial hearing.
He also argued that the 1000-foot radius law makes no sense, if the distance from the park to the building is much further than what’s proverbially called “as the crow flies,” which they tried to demonstrate is the case.
A majority of the commissioners would not budge on the city’s interpretation of the law, saying the use of the word radius clearly defined legislative intent and only a change in the law would allow any kind of deviation.

Corral Fire Suspects Get Yet Another Delay

• Burnouts Express Increased Frustration with System

BY ANNE SOBLE

Legal maneuverings by the defense have resulted in yet another lengthy delay before the residents who endured the Corral Canyon wildfire of 2007 that claimed 53 homes and dozens of other structures will have the possibility of a legal reckoning.
Once again, almost a dozen residents took time on Tuesday to make the trek to the Van Nuys Superior Courthouse only to see the attorneys for two of the defendants, Brian David Anderson, 24, and William Thomas Coppock, 25, successfully delay the motion to dismiss to Sept. 15.
The pair are regarded by the Los Angeles County District Attorney’s office as the more culpable of five men charged with creating conditions that led to the Santa Ana-driven blaze that devastated some 5000 acres and led to the call for, if not the actual execution of, widespread evacuations in central and western Malibu that blustery Nov. 24.
Although an Oct. 4 trial date for Anderson and Coppock, who are both from Los Angeles, is still on the books, the ongoing series of delays make it increasingly likely that that date will also be subject to change.
The two Culver City men, Eric Matthew Ullman, 20, and Dean Lavorante, 21, charged with three counts related to starting the 2007 Corral wildfire, but deemed relatively less culpable because they left the cave at the top of Corral before the camp fire they had built there flared out of control, are scheduled for a preliminary hearing on Sept. 15.
Only the case against the third of the Los Angeles suspects, Brian David Franks, 28, has already been concluded with a plea bargain sentence of probation and community service that requires him to testify against Anderson and Coppock.
Burnouts and their neighbors in Corral Canyon have been present at most of the court hearings and continue to express impatience with delays extending proceedings to almost two years after the fire occurred.
Although some of these residents are reluctant to state their concerns publicly, they say that they believe that defense attorney tactics are designed to discourage them from having a part in the proceedings.
One resident said he is concerned that the second anniversary of the fire will come and go and the cases will still be pending.

City Council to Act on Contracts for a Diverse Array of Municipal Capital Improvement Projects

BY BILL KOENEKER

The Malibu City Council is poised to approve several contracts for capital improvements projects being built throughout the municipality at its meeting next week.
The council is set to authorize the city manager to execute a construction contract with the lowest bidder for the construction of a Paradise Cove stormwater treatment facility in an amount not to exceed $1,127,000.
The city has noticed the bidding and is expected to hear from qualified bidders in the next couple of weeks.
Funding for the project originally came from Prop 40 grants and about $342,000 from the city’s coffers.
Because of the problems in Sacramento, the grant funding was suspended but the staff has successfully obtained federal recovery money and state clean water revolving fund dollars.
Paradise Cove was the site for a temporary experimental prototype stormwater treatment facility that was removed a year ago.
“Based on the data collected, it is the belief of all the parties that a more permanent solution with a system properly designed and sized to accommodate the [creek] discharge flows will improve the coastal water quality,” wrote Richard Calvin, the city’s public works superintendent, in a memo to council members.
The current grants require the construction of the project to begin prior to Oct. 1, 2009, according to the staff report.
Another project that continues to move forward despite litigation is the award of a construction contract for Legacy Park.
The staff is recommending the council reject a bid protest submitted by American Landscaping, Inc and authorize the mayor to execute a construction contract with LH Engineering Company, Inc. in the amount of $6.3 million for the construction of the Civic Center park.
The city council approval of the improvements for the park, including a stormwater detention basin and other park improvements, has been challenged by the Santa Monica Baykeeper. Since there is no injunction against it, the city has proceeded with moving forward with everything but building the park, despite the litigation.
In a staff report, the public works director indicated it is hoped the work can begin after the Chili Cook Off event Labor Day weekend and be finished by September 2010.
The council is also scheduled to approve a services agreement with LPA, Inc for architectural design services for its newly acquired City Hall building.
The $64,000 contract calls for the design firm, which is currently designing the new Malibu Library, to utilize the space available for a city hall, while maintaining the community, theater and media facility functions.
City officials say the building has adequate space for city staff, council chambers, a senior center, space for community uses and can also be rented out as a state-of-the-art media facility.
Municipal officials have already decided to use LPA for the entire design process through final construction documents and bidding.
LPA’s website states it has designed 10 city halls, multiple performing arts centers and 10 community centers. LPA has over 140 LEED accredited professionals at the firm.
In other action, the council is expected to approve $54,600 for the upcoming year for what is unceremoniously called the “ghost shuttle,” because it goes nowhere except from the Westward Beach parking lot to the Point Dume headlands and carries very few passengers.
Nevertheless, an agreement the city entered into in 2000 with the California Coastal Commission and the state Department of Parks and Recreation requires the city to provide the shuttle service, though it has proven to be ineffective. The agreement was reached to end the litigation over access issues to the headlands.

Publisher’s Notebook

• Do Malibu and Private Pyrotechnics Mix? •

ANNE SOBLE

Some local residents have been voicing concern that their neighbors may increasingly regard offshore pyrotechnic displays as a way to celebrate special events. We’ll save the questions related to the adverse impact on the marine environment of sending large quantities of gunpowder and other chemicals into the local brine for another discussion. For now, we’re just looking at the issues of notice, noise and smell.
While residents are prepared for fireworks around the Fourth of July, they do not anticipate them on July 18 and July 25, as recently occurred, or other days of the year. When it comes to fireworks for the Fourth, blowing things up is part of the American psyche. Faux warfare with not-so-faux noise, light and the smell of gunpowder is inherent in the national celebratory process. Because holiday displays are a given, appropriate precautions can be taken, especially by the many residents with dogs and horses who have to deal with the adverse impact of fireworks on those animals.
The city appears to be cognizant of these concerns. The Los Angeles County fire department, the permitting agency for fireworks displays, has been reminded that an adequate timetable should be built into the permit process so that the city can announce the dates and times of these private displays well in advance.
In the future, a time should be set aside to address whether pyrotechnics that cause animals and people so much distress and have adverse impacts on the marine environment are appropriate for the public image associated with Malibu, especially when the city has an uphill battle to prove its credibility with many organizations in the environmental vanguard.
Perhaps the true meaning of the Fourth of July holiday might be better honored with a Malibu community parade, such as the wonderful event on Point Dume, or another public event that is locally oriented and complements residents’ own private festivities.
As for the use of pyrotechnics in public waters by private parties for personal reasons other than the nation’s birthday, there may be cause to consider whether this is a policy that needs to be revisited. We agree with the city council member who urged “irresponsible [Malibuites] to think twice before they spend thousands of dollars for a few minutes of personal pleasure that cause [so much distress to others].”
A timely policy of public notification that can be disseminated by local media is a beginning. But dogs leaping from windows and running loose in traffic, horses rearing in terror and risking serious injury, and infants and small children having to be kept indoors are problems that cannot be dismissed lightly.

Local Residents Speak Out on Point Dume MPA Plans

• Scientific Team Raises Some Important Questions about the Extent of Real Protection

BY SUZANNE GULDIMANN

Whether the waters off of Point Dume will receive Marine Protected Area status as part of the state-mandated Marine Life Protection Act Initiative, and how large an area should be protected, remain a subject of debate, as stakeholders participating in the MLPA Initiative South Coast Study Region process—which includes the area from Point Conception to the Mexican border— continue to wrestle with the challenge of balancing conservation with socioeconomic impact and scientific guidelines with popular pressure.
The six-member South Coast Region blue ribbon task force met in Santa Monica last week to set the guidelines for round three of the stakeholder negotiation process. Marine Protected Area supporters, including many Malibu residents, packed the conference room during public comment. Many wore blue T-shirts, pins or stickers stating “MPAs Work,” in contrast to earlier meetings, where the black shirts of fishing interest groups predominated. However, at least one member of the official stakeholder’s group asked that stereotypes be discarded. “It’s not conservationists versus fishers,” she said. “A lot of us are both. That kind of polarization isn’t helpful.”
“It’s safe to say we’re at the halfway mark,” panel chair Don Benninghoven stated at the start of the session. “The second half is probably going to be more difficult than the first half,” he cautioned. “There has been good work,” Benninghoven said. “A lot of good energy, but still lots of problems, as you’ll see. There’s still a lot of work. A long way to go to meet the intended guidelines.”
The six sub-group plans, called arrays, developed by the regional stakeholders group during the first two rounds of the process have been evaluated by the science advisory team. Only the three plans that come closest to meeting the science guidelines will move forward to round three.
Two of those plans incorporate a combination of State Marine Reserves—the highest level of protection—and State Marine Conservation Areas for the coast between Paradise Cove and Westward and Zuma beaches. The third plan moves the MPAs away from Point Dume, up to Point Mugu, Big Sycamore Canyon and Deer Creek and establishes an SMR east of Surfrider beach.
However, all three of the plans that will be carried into round three have come under fire from the Science Advisory Team for failing to meet the initiative’s science guidelines. The SAT expressed concern that many of the proposed MPAs in the south coast region do not meet size standards or offer adequate protection for key species. According to the SAT, some have overly complex boundaries that could potentially create enforcement difficulties, complex or “highly permissive” take allowances that would provide “little ecological protection due to the allowed take,” or provide inadequate improvements to existing MPAs.
During a presentation on feasibility analysis, Department of Fish and Game representative Darci Connor admonished the stakeholders that they are charged with “providing real protection, not the appearance of protection.”
In the Malibu region, the discussion centered on the need to balance protection for kelp forests, rocky habitats and a deep undersea canyon area off of Point Dume with access to popular fishing areas like the BKR (Big Kelp Reef). Proponents of protecting Point Dume’s waters state that the rare combination of extensive kelp forests and both deep and shallow water rock reef habitats—elements that are not found in the sparser habitat at Point Mugu, and are rare throughout the South Coast Region—deserve the highest level of protection.
However, the qualities that make the area desirable as an MPA are also the elements that draw fishing interest to the area. Kayak anglers and spear fishers expressed concern at the meeting that MPA status at Point Dume would shut them out of favorite fishing locations.
Malibu City Council member Pamela Conley Ulich, wearing an “MPAs Work” shirt, opened public comment by thanking the panel and stakeholders group. “We’re all here because we care about the ocean,” she said. “We’re all united, all respect each other even if we may not agree.” She described how her children enjoy fishing but said that she personally endorses the two proposals that offer the most extensive protection for Point Dume. In her official capacity, she presented the panel with a resolution from City of Malibu supporting the MLPA.
State Senator Fran Pavley and Malibu-area Assemblymember Julia Brownley also sent a representative to the conference. Their joint message was one of concern that the current proposals “fall short of the science guidelines.”
“Focus on the science,” was also the message from the majority of the public speakers.
Many speakers indicated a willingness to give up their aquatic recreation activities if it meant higher protection for coastal resources, although MLPA project manager Melissa Miller-Henson made a point of addressing the persistent rumor that MRAs will impact non-consumptive activities like surfing and swimming. “We clearly can’t guarantee what happens in the future, but clearly, there has not been any strong movement towards restricting human access or restricting non-extractive activities,” Miller-Henson said.
“Sometimes personal sacrifice is necessary,” stated Point Dume MPA supporter and Malibu resident Geri Churchill. She told the task force that her family, which includes four children, would be willing to give up fishing if it meant “preserving fish and the ocean.”
Longtime Malibuite Dusty Peak told the panel that he has spent a lifetime surfing and fishing in local waters. “I’ve been fortunate to call Point Dume my home base since 1959,” he said, describing how he has observed fish populations decline over the decades. he also stated that he is willing to give up fishing in the same way that he gave up hunting on land when the Santa Monica Mountains National Recreation Area was established as a protected area.
Another Malibu resident, Kelly Meyer, who described herself as a member of the “blue shirt task force,” had praise for the MLPA process. “We really do care,” she said. “We support you. The more our community understands, the more they let go of fears. We live in Malibu for a reason, and we’re trying to protect that but we have to walk together to the future. We can’t go back to the ’50s.”
Not everyone was willing to embrace a philosophy of renunciation. Chris Desantis, a kayak angler who said he frequents Point Dume, expressed concern that kayak access is already limited in the area. “At Point Dume we have access to bluffs that provide protection,” he said.
“Access and safety are at the forefront of the proposed closure at Point Dume, incredibly important,” kayak fisher Jason Martin told the panel. “My backyard and playground is the BKR. If you direct us north, you will be putting more people in perilous water.”
One man compared the proposed closures to being robbed. “I didn’t come here to address the board but the fishermen,” he said. “If someone demands half of your money instead of all of your money, you’re still being robbed. Point Dume is the safest. They’re not just taking away any fisheries but the healthiest fisheries. The more you compromise, the more they’re going to take.”
“You can’t be robbed of something that was never yours,” was the response from a subsequent speaker. “Judging by fishery collapse numbers, we’re the ones who have been doing the robbing.”
“Collapse is a given,” Malibu resident Remy O’Neill told the task force. “We can no longer make decisions based on economics. Please give optimum protection.”
“The bull’s eyes are drawn,” stakeholder group member Merit McCrea said at the end of the second day. “We have very limited choices. We have a choice to make at Point Dume. All the rest has been chosen for us.”
Information on the MLPA Initiative South Coast Study Region process, including a video archive of meetings and maps of the proposed MPA areas is available at the Department of Fish and Game website at www.dfg.ca.gov/mlpa.