Malibu Surfside News

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

Wednesday, October 28, 2009

Water Board Meeting on Proposed Septic Ban Is Planning Benchmark

• RWQCB Staff Removes ‘Zero Waste’ Discharge Exemption

BY BILL KOENEKER


The showdown between Malibu city officials and environmentalists before the Regional Water Quality Control Board on Nov. 5, when the water board may decide the fate of the Civic Center and surrounding residential communities in the form of a septic system prohibition, is fast approaching.
One of the most important changes made to the latest draft document, according to an Oct. 27 update, is that the proposed exemption for ‘zero waste’ discharges has been removed.
The RWQCB staff released a memo this week on the response to the documents issued by the state regulatory agency. “Staff has posted 46 comment letters received on or before Oct. 8,” states the memo.
However, the memo reveals there are over 600 pages of comments. “They have been divided into five categories for downloading: GOV, NGOs, WDR Dischargers, Other Dischargers, Other,” the memo states.
“Staff has revised the technical staff report in response to comments from the public [and] from peer reviews. None of the revisions change the results or conclusions in the technical staff report,” an update states.
The update indicates the staff’s response to the comments will be posted before the board meeting sometime next week.
The memo also acknowledges there have been more revisions to the draft resolution and technical staff reports, including five tech memos.
On Nov. 5, the regional board will consider a proposal to prohibit onsite wastewater disposal systems in the Malibu Civic Center area. The proposed prohibition will not allow new septic systems or septic discharge immediately upon its adoption and prohibits further discharge from existing dischargers in five years. The prohibition applies to all dischargers in the Civic Center area, including commercial and industrial facilities, public facilities and residences.
The RWQCB conducted two workshops in September and October. The public can once again give oral testimony at the hearing on Nov. 5.
Malibu city officials are encouraging residents to attend the meeting by offering free bus service. There are about 15 riders signed up and more are expected, according to Assistant City Manager and Administrative Services Director Reva Feldman, who said the city would accommodate all riders. The bus leaves City Hall at 7:30 a.m.
The hearing starts at 9 a.m. There are two uncontested agenda items before the Malibu agenda item.
The actual agenda item reads: “Consideration of an amendment to the Bain Plan to prohibit discharge from onsite wastewater disposal systems in the Malibu Civic Center area (including Malibu Valley and surrounding hillsides, Winter Canyon and surrounding hillsides and the coastal strips along the Pacific Coast Highway between and including Surfrider Beach and Amarillo Beach.”
Staff will be posting future updates and revisions on the RWQCB Malibu Prohibition web page at this link:www.waterboards.ca.gov/losangeles/press room/announcements/Public-Hearing-Malibu/index.shtml.

Sheriff’s Department Sends Three Felony Charges for City Employee to DA’s Office

• Records Clerk Allegedly DUI in Fatal PCH Hit-and-Run

BY BILL KOENEKER


After a lengthy investigation, the Los Angeles County Sheriff’s Department submitted three felony charges to the District Attorney’s office last week against Robert Sanchez, 29, of Santa Monica.
Sanchez is accused of fatally hitting Rodrigo Armas, 45, of Tehachapi on June 28 at 1:20 a.m. as Armas was bicycling on Pacific Coast Highway, according to authorities.
Sanchez is charged with one felony count of vehicular manslaughter while intoxicated that, if he is convicted, could result in up to four years in state prison. He is also charged with driving under the influence and fatal hit and run, according to an email from Traffic Sergeant Phil Brooks of the Malibu/Lost Hills Sheriff’s Station.
Sanchez is accused of hitting two cyclists on PCH who were participating in an annual organized bicycle ride.
Sanchez, who was allegedly driving under the influence, struck the pair, then he reportedly fled the scene of the accident and was later picked up and taken into custody.
Sanchez, who is employed by the City of Malibu as a records clerk, was reportedly driving along the 34000 block of PCH near Nicholas Canyon when he allegedly crossed over the fog line and struck Armas, a Los Angeles County deputy probation officer, who died at the scene.
Also hit was Armas’ son Christian, 14, who suffered serious leg injuries requiring hospitalization.
Armas is survived by his wife, the injured son and two daughters, ages 9 and 12, according to a sheriff’s department press release.
Authorities allege Sanchez left the scene of the accident and continued along PCH for a short distance, before he abandoned his vehicle and hid in the brush.
Sanchez was found about two hours later by sheriff’s deputies, who arrested him and took him into custody.

Council Punts on Push to Change Its Meeting Night

• 2010 Members Will Get to Decide

BY BILL KOENEKER


An attempt to change the day of the Malibu City Council meeting from Monday to Tuesday was put on hold this week, when a majority of the council agreed to allow the newly formed council in April to decide.
“I withdraw the motion,” said Councilmember Sharon Barovsky, when she realized she did not have three votes for the proposal.
The two-week-old proposal had been debated in the local press and some of the council members characterized the argument as the needs of the staff versus the needs of the local media.
City Manager Jim Thorsen said it was a good change that would help the staff and the city would profit from it. Other staffers and department heads also voiced support for the proposed change.
Barovsky said the local media’s perceived aversion to the change had more to do with the newspaper business model than getting the information out in a timely manner.
The council member also noted there were other media where people interested in the business of the city could turn for “unfiltered” news of the city. “
Barovsky added that she was surprised by how asking for a discussion of the proposal “irritated everybody.
She also insisted she had not talked to Joan House about the matter, as the meeting day of the city planning commission was changed to Tuesday to accommodate House when she was tapped to serve on the panel. There is speculation that House may run again for a council seat and if she is elected, she will not want to meet on Monday nights for reasons that have reportedly never been made public, although some have asked what is so important that it trumps municipal scheduling.
Councilmember Pamela Conley Ulich brushed aside the argument that having extra time on Monday would allow the staff and council members to respond to eleventh-hour correspondence. “The stuff will come up on Tuesday. I don’t see a compelling argument. What is more important?” asked Conley Ulich, who said if the argument was characterized as the needs of the staff versus the needs of the press, “I don’t see that tipping [the scale].”
Conley Ulich then noted she had talked to Joan House. “I did talk to her about this,” she said. Conley Ulich added she thought the most compelling reason for not doing anything was that the proposal had come up so close to the election in April.
“Let’s look at this after the election. If somebody can’t meet on Monday, then they can switch it to Tuesday,” she said.
Councilmember Jefferson Wagner said he saw no reason to change the meeting day and said he wanted kept the way it is.
Councilmember John Sibert, who would have become the swing vote, said, “I am reluctant to support the change now. After the election, let that city council make the decision. Leave it the way it is.”
Earlier in the evening, without discussion, the council approved a $67,000 contract with Fiona Hutton & Associates, a public relations firm to provide consulting services and press releases.
They initially entered into an agreement with Hutton in July, 2009 and the agreement is an extension of the contract.
The public relations firm has written a number of news releases for the city about the hot button items including Legacy Park, water quality programs and other issues.
Hutton has outlined a plan for how the city needs to tell its side of the story such as pending legal battle over Legacy Park and the ongoing struggle with the Regional Water Quality Control Board.
In other action, the council agreed to put off having the city manager sign a new agreement with Los Angeles County for animal care and control services.
Some council members said they had gotten calls from Sherman Baylin who had asked for the continuance. They said the message did not explain why, but council members were willing to do so.
When Mayor Andy Stern commented that he and Barovsky would be off the council in April because of term limits, he and view preservation task force chair Sam Hall Kaplan got into a shouting match and Stern repeatedly tried to keep the floor.

Interest Grows in Community Wildfire Protection Plan Meetings

• Neighborhood by Neighborhood Approach May Result in Locally Oriented Preparation Plans

BY BILL KOENEKER


An organizer of the Community Wildfire Protection Plan indicated interest is growing in the public meetings that are being held throughout the Malibu coast and Santa Monica Mountains and that future meetings will be able to accommodate them.
“We’re hearing from more folks that more are interested in the CWPP than could attend the meetings. We’re working on designing a larger public meeting in January to review what we did now (the mapping), and give folks a chance for further input,” said Tracy Katelman, who works for ForeverGreen Forestry, the contractor who conducts the meetings under the umbrella of various federal, state, county and city agencies that have endorsed the process.
Katelman said the meetings are an opportunity for the public to spell out the specifics of their neighborhoods in terms of planning or preventing the spread of wildfires to residential areas.
She said governmental agencies, such as the Los Angeles County Fire Department, the City of Malibu and the Santa Monica Mountains National Recreation Area among others, have signed on to the process, which will use the public input, then organized by priority for a final document that is a set of recommendations.
When asked to describe the full implications of the plan, Katelman said, “The community plan does not have legal standing. These are recommendations, they are not mandatory.”
Katelman, who said she had initially gotten a lot of questions about it, indicated she did not believe that insurance companies would use the maps generated from the set of recommendations. “I’ve never heard of any [insurance] agency using them,” she added.
She said the final document is most useful for neighborhood fire councils or even various government agencies to utilize the data if they are attempting to get funding or doing a project. “It shows a consensus about what is important for the community,” the forestry expert said.
Katelman cited as an example how some neighborhoods identify large pines and eucalyptus as tree hazards that could help spread wildfire.
Currently, the City of Malibu’s Public Safety Commission is discussing some kind of possible ban on hazardous or flammable trees. The data from the CWPP could possibly be used to obtain grant funding for the city, according to Katelman.
There is a timeline for the plan, according to Katelman, who said the draft document will be reviewed by committee and there will be what she called web review of the proposed plan in February. There will be community review of the plan in March, and by mid-April there should be a public draft document. The final plan is scheduled for release in June.
The series of 10 community meetings between Oct. 20 and November 10 and again in January 2010 will allow the public to identify priority projects that would help prepare their homes, neighborhoods and communities for wildfire. The plan covers 100,000 acres in the SMMNRA.
CWPP’s are a federal vehicle for communities to idenfity priority actions for wildfire prevention and overall fire safety on both public and private lands.
Local residents are encouraged to attend the meeting scheduled for their specific community.
For more information and workshop details go to: www.ci.malibu.ca.us/ index.cfm/fuseaction/detail/navid/478/cid/14611/

Blue Ribbon Task Force Delays Action on MPA Selection until a November Meeting

• Protection and Fishing Interests Engaged in Vigorous Debate

BY SUZANNE GULDIMANN


After three days of debate, discussion and input that included hours of public testimony from fishing advocates and Marine Protected Area proponents, the Blue Ribbon Task Force, appointed to choose one of three Marine Life Protection Act Initiative implementation plans to present to the Department of Fish and Game, opted to postpone their final decision until November.
A resolution to send all three proposals to the DFG was passed early on the third day. The task force then began the process of constructing its own proposal, using elements of Proposal 1, viewed as a compromise between conservation and utilization proponents, and Proposal 2, the plan favored by the fishing community. The BRTF finally concluded that they required more time to make a final decision. Another meeting will now be scheduled, tentatively on Nov. 10 in Los Angeles.
Throughout the three-day meeting, debate centered on a number of ecological hotspots, including Point Dume.
“It’s really fundamental for us to understand that there are key geologies in the California Bight that are network critical,” task force member Meg Caldwell said at the start of the third day of debate.
Caldwell identified the areas of primary concern as Point Conception, Goleta, Point Dume, Palos Verdes Peninsula, Laguna, La Jolla, and Catalina, but discussion quickly narrowed the debate to a tug-of-war between conservation and fishing interests, centering on Palos Verdes and Point Dume, described by science advisory team co-chair Steven Murray as “the most difficult geography we have to deal with.”
“Surrounded by the densest populations we’ve had to deal with in the MPLA process, and some of the biggest marinas, these are important habitat,” Murray said. “Dume is tied to Palos Verdes, It’s not a replacement for Palos Verdes, it has a paucity of rock but encompasses a lot of beach and other habitat. It’s a critical area in terms of gaps.”
Local recreational spearfishers, kayakers and the commercial fishing community have argued passionately in support of keeping popular Point Dume fishing areas open, but according to Stakeholder Group 2 representative Kevin Ketchum, the area and the waters off of Point Dume and Palos Verdes, are primarily significant as a destination for small sport boats from the bay’s two major marinas.
“This is an economic issue but also a social issue,” Ketchum said. “These waters are designed for small boats. Public policy provides small boat access, so you carry that forward, [without fishing it would be] access to what?” Ketchum said. “Public policy provides public access and these waters are designated for small boating access.”
Stakeholder Group 3 representative Garth Murphy defended his group’s plan to extend the highest level of protection—a State Marine Reserve—to the waters off Little Dume. “It’s really important to get this [eastern] side [of Point Dume] in,” he said. “This is the 100-3000 meter deep rock. This rock is superimportant. If you are going to give something up of the two, [Palos Verdes] is the one to give up.”
“The entire Malibu coast has kayak launches, access points and fishing areas of importance, as well as a good amount of kelp,” Proposal 1 representative Sarah Sikich said, countering a previous speaker’s statement that Proposal 1 would amount to a 100 percent loss of the three Malibu areas that attract kayaker use.
Sikich stated that her group’s map attempts to both protect critical areas but still maintain fishing access. “We were very careful to leave Escondido open, which is a launch spot, and areas of Big Kelp Reef, as well as areas to the other side of Escondido because of the interest of the kayak community. We understand they aren’t completely happy with it, but we thought that was what struck a balance.
“The other thing I would like to remind you of is how much community support there is for a reserve in this area,” Sikich said. “We heard numerous people last night, 30-plus people, speaking of their support, even though they fish, they also kayak, wildlife view and do other things there. The City of Malibu also supports this [map]. They actually voted to support a resolution supporting Map 1. I think you should take into consideration the non-consumptive values in the area...the vast majority and uses in this area are non-consumptive.”
The task force discussed incorporating the Proposal 2 map for Palos Verdes and applying Proposal 1 to Point Dume with some changes.
“Point Dume for sure,” Caldwell said, recommending that the final proposal move the eastern boundary of the proposed Point Dume SMR west of the Paradise Cove Pier, leaving the Big Kelp Reef open for fishing and pushing the western boundary of the proposed State Marine Conservation Area further west to capture an area of kelp forest located off of Lechusa Beach.
The recommendations were recorded, but the BRTF opted to wait until November to make a final decision.
“One of the things we don’t want to do is make a decision we aren’t prepared to make, the task force chair, Cathy Reheis-Boyd, said, at the conclusion of the marathon session. “We need time to reflect. There’s a lot here. We have more work to do. I hope you’re patient and appreciate why we’re doing this.”
Revised maps and next month’s meeting date had not been released when The News went to press, however, they will become available on the MLPA Website at http://www.dfg.ca.gov/mlpa

Malibu Not a ‘High’ School

BY SUZANNE GULDIMANN


Some parents raised an alarm when a Malibu High School Malibu sports calendar, which is published three times a year by an independent company, was discovered to feature an ad for a local medical marijuana dispensary.
“Malibu High School is living up to the ‘high’ part of its name,” an email from one concerned parent to the Malibu Surfside News read.
The high school’s athletic director Chris Neier, in an email to the school online community, explained that he contacted the calendar company as soon as the issue was brought to his attention. “The marijuana dispensary will never be on a sports poster again,” Neier wrote. “I called the poster company and let them know. I think they just made a bad mistake.”
Neier told The News that the company that produces the calendars also solicits and sells the ads on them to local businesses. Funds raised go to the MHS Athletic Booster Club. Except for submitting photos of MHS athletes, the school is not involved in the process.
“We received an e-mail from one of our parents,” Neier said. “Once we found out about it, we put the kabosh on it right away. It isn’t going to happen again.”

Publisher’s Notebook

• Battle of the Buses (and Petitions) •

ANNE SOBLE


Although everyone, including this observer, was surprised at the sparse turnout when the Los Angeles Regional Water Quality Control Board held their recent workshop in Malibu, all the pundits say that Malibuites are likely to turn out in force for the Nov. 5 hearing on whether the panel should enact a prohibition of new septic tanks and stringent curbs on existing ones in the commercial hub of the City of Malibu.
Perhaps people decided that the deck was already so stacked that they wanted to preserve their firepower for the main event. Still, the city is paying for a bus to go downtown, but what if most of the riders are municipal staff and media?
Whether there is or isn’t a major Malibu presence next Thursday, groups—including Heal the Bay and Surfrider Foundation—are urging their ranks to attend, providing maps and public transportation directions to facilitate large turnouts.
These groups are using all forms of analog and digital media to encourage the signing of petitions that will be presented to the water quality board. These petitions ask the RWQCB to create an integrated wastewater and stormwater treatment plan for the Lower Malibu Creek Watershed to try to alleviate what are described as chronic pollution problems of longstanding duration.
These groups support the proposed moratorium on future development in the area until this integrated system is operational. They urge work on the system to begin by 2011, saying the health of 1.5 million recreational users at Malibu Creek and Lagoon is at stake. Proponents of these views are expected to pack the hearing room.
If the board decides to begin a process of reducing and ultimately eliminating the role of septic tanks in mid-Malibu wastewater management, it cannot dictate what the specific municipal response to this action will be.
However, if the city is faced with a finite time frame, the number of options may be limited by its ability to have a fix in place in time to avoid prohibitive fines that could quickly surpass the cost per property owner for a capital project.
This is a textbook example of a public policy issue that has cried out for resolution for too long. Because it was politically expedient to delay local action, the impact of any determination that occurs now will be greater than it had to be.Although everyone, including this observer, was surprised at the sparse turnout when the Los Angeles Regional Water Quality Control Board held their recent workshop in Malibu, all the pundits say that Malibuites are likely to turn out in force for the Nov. 5 hearing on whether the panel should enact a prohibition of new septic tanks and stringent curbs on existing ones in the commercial hub of the City of Malibu.
Perhaps people decided that the deck was already so stacked that they wanted to preserve their firepower for the main event. Still, the city is paying for a bus to go downtown, but what if most of the riders are municipal staff and media?
Whether there is or isn’t a major Malibu presence next Thursday, groups—including Heal the Bay and Surfrider Foundation—are urging their ranks to attend, providing maps and public transportation directions to facilitate large turnouts.
These groups are using all forms of analog and digital media to encourage the signing of petitions that will be presented to the water quality board. These petitions ask the RWQCB to create an integrated wastewater and stormwater treatment plan for the Lower Malibu Creek Watershed to try to alleviate what are described as chronic pollution problems of longstanding duration.
These groups support the proposed moratorium on future development in the area until this integrated system is operational. They urge work on the system to begin by 2011, saying the health of 1.5 million recreational users at Malibu Creek and Lagoon is at stake. Proponents of these views are expected to pack the hearing room.
If the board decides to begin a process of reducing and ultimately eliminating the role of septic tanks in mid-Malibu wastewater management, it cannot dictate what the specific municipal response to this action will be.
However, if the city is faced with a finite time frame, the number of options may be limited by its ability to have a fix in place in time to avoid prohibitive fines that could quickly surpass the cost per property owner for a capital project.
This is a textbook example of a public policy issue that has cried out for resolution for too long. Because it was politically expedient to delay local action, the impact of any determination that occurs now will be greater than it had to be.

Mitrice Richardson Is Still Missing: Malibu City Council Adds Its Voice to the Growing Chorus of Concern for Her Well-Being

• Members Authorize $15,000 Reward for Information Related to Action Concerning 24-Year-Old's Disappearance

BY ANNE SOBLE


The Malibu City Council on Monday expressed heartfelt sympathy over the disappearance of a visitor to the community and at its quarterly review meeting Wednesday night approved "establishing a $15,000 reward for information leading to the arrest and conviction of the person or persons responsible for the disappearance of Mitrice Richardson." The Los Angeles County Board of Supervisors had already posted a $10,000 reward for information on the whereabouts of the young woman who has now been missing for six weeks.
The 24-year-old Cal State Fullerton honors graduate was last seen not long after midnight on Sept. 17 when she was released from the Lost Hills Sheriff’s Station on her own recognizance after being booked for two misdemeanor counts resulting from her declared inability to pay for an $89.51 dinner tab at Geoffrey’s restaurant and the presence in her vehicle of less than an ounce of marijuana.
Richardson was described by Geoffrey staffers as acting crazily—stating she was from Mars and spouting gibberish—in a call made to the sheriff’s department to pick her up.
However, when the deputies arrived on the scene to take custody of her after a citizen’s arrest by the restaurant manager, it was noted in a report written a week after her arrest that she passed a field sobriety test. After she was brought to Lost Hills, a jailer said Richardson conversed and was lucid.
The Malibu Surfside News obtained a copy of Richardson’s booking report this week, which indicates she was booked at 10:20 p.m. and released at 0025, or 12:25 a.m., which is an hour earlier than first stated by sheriff’s department spokespersons and reported in the media.
The one hour difference could have major ramifications in the timing of misinformation that was given to Richardson’s mother, Latice Sutton, when she placed numerous telephone calls to Lost Hills about her daughter.
The booking report confirms that Richardson had no money in her possession. The only personal property recorded was a brown hat, a pink belt and her California driver license, which she signed for when it was returned.
The report states Richardson told deputies that in case of an emergency her great-grandmother Mildred Harris, with whom she resided in Los Angeles, was the person to be contacted.
The report notes there were four attempts to call Harris, each of which are initialed M.R., but it is not known whether the calls were completed due to the inability of the Lost Hills calls to be verified.
FUNDS REQUEST
Monday night, the city council indicated it would post a missing person flyer for Richardson on the city website and put the reward proposal on the agenda for the Wednesday meeting after citizen input recommending the city at least match the $10,000 county reward, albeit with the suggestion the money could be used to help defray family expenses, but the speaker wasn’t specific which family members might be involved.
According to some of the volunteers involved in the search effort, the missing woman’s family, which largely presents a united front, has two separate wings, one in which the mother and Mitrice Richardson’s mentor during college, psychologist Ronda Hampton, are active. Their site, www.findmitrice.info, was the original ground zero in the search effort. The group’s volunteers conduct active field searches, such as one conducted downtown this past Sunday in which noted social commentator Earl Ofari Hutchinson took part.
Sutton and Hampton spearheaded the concern that Richardson might have
experienced debilitating stress or psychological illness and should have been placed under observation by medical professionals instead being taken to and then being released alone, on foot and without funds from the desolate Lost Hills station.
The woman’s father, Michael Richardson, has subsequently put together his own website, which is still being built, that does not mention the mother by name. He has opened a PayPal account with buttons for contributions by monetary denomination. It is not indicated whether a non-profit group has been formed, or if there is a special bank account for the funds.
MAYOR’S REPORT
Michael Richardson’s website refers to an Oct. 2 exchange with “Malibu Mayor Andy Stark” (Andy Stern), a reference to telephone calls, the tapes of which were played for the Malibu Surfside News last week, in which Richardson appears to tell Stern he will picket his real estate office and tie up his telephone lines with calls because Stern has not done enough to prod the authorities.
Stern reported the calls to the Lost Hills Sheriff’s Station, where the matter has been assigned to Detective Vic Paladino for further investigation.

New Phone App Combats ‘Invaders’

• NPS Enlists the Public’s Help in Weeding Out Non-Native Plant Species

BY SUZANNE GULDIMANN


Noxious aliens are invading the Santa Monica Mountains, crowding out the natives and destroying habitat. The National Park Service, working together with UCLA’s Center for Embed-ded Networked Sensing and a Web and App design company called Take Five Labs, has developed a new tool to combat the invasion and the public is invited to participate in the fight. It's not the plot of a 1950s horror movie, instead, it's a new smartphone application, or app, that helps park visitors identify and document non-native plant species.
Using the free app, individuals with GPS-enabled mobile phones can contribute to locating invasive species by making geo-tagged observations and taking photos of them to alert the National Park Service of the spread of habitat-destroying plants.
“Invasive non-native plants are a huge ongoing problem,” NPS Policy and External Affairs Manager Lauren Newman told the Malibu Surfside News. “UCLA is really interested in how we can interact with the environment using technology, this was an opportunity to partner with them to help raise public awareness [about this issue].”
One of the focuses of the UCLA’s CENS is “developing freely available systems for enabling citizen science activities that preserve our natural environment,” according to the NPS announcement on the program.
Newman said that the invasive plant program is an opportunity for citizen scientists to make a real contribution—a reflection of the growing trend towards recognizing the value of data collected by amateur scientists—but it’s also designed to be fun.
“It’s great for families who like a specific activity when they visit the parks,” Newman said, describing the program as a combination of treasure or scavenger hunt and science field lesson. “It’s a fun but it’s real science that the parks department is involved in every day,” Newman said. “If you don’t have a smartphone, there are still lots of opportunities to participate. GPS units, ordinary cell phones and cameras can all be used in the program.”
Instructions, information on the program, a list of invasive plants with photos and descriptions and links for downloading the smartphone app can be found at http://whatsinvasive.com/

Wednesday, October 21, 2009

City Begins Massive Transformation of Trancas Park Site

• Judge Refuses to Issue Temporary Restraining Order Sought by Malibu Township Council

BY BILL KOENEKER


The Malibu Township Council, with a fresh infusion of cash from the Malibu West Homeowners Association, went to court this week in an attempt to stop the bulldozers at Trancas Canyon Park.
“Yesterday we went into court ex parte. The judge ordered the city to show cause why he should not issue a preliminary injunction,” said Frank Angel, who represents the MTC. “But he did not issue a temporary restraining order [to stop work immediately]. He set Dec. 14 for the hearing date.”
City Attorney Christi Hogin was not available for comment. She was not in her office and will not return until Oct. 26.
Angel acknowledged at the rate the grading and landform alteration is proceeding, the bulldozing work could be done by the preliminary hearing date.
Heavy equipment resumed work, after the rains last week, and moved up onto the flat mesa area where the dog park is planned and began scraping soil off the top and moving it down for fill, according to the city’s Public Works Superintendent Richard Calvin.
He added the contractor is on track for the 30-day timing allotted for the grading and said that no slide work or remedial grading is underway.
Angel said the city’s agreement with the contractor calls for 30 days of grading.
“That is a problem for us. That is why we can’t wait. We need to go to the appellate court, but I have to get the green light from my client,” he said.
The MTC attorney said he believes the city is taking enormous risks in proceeding with the grading given the evidence he has uncovered.
He indicated the decision about the status of an Environmentally Sensitive Habitat Area, which was exempted based on a previous California Coastal Commission permit, is incorrect.
“That is factually in error. That is for another parcel, a different 10-acre lot with another parcel number,” he said.
Angel said he has been speaking to a “high level Coastal Commission official” who told him a dog park would never be allowed in an ESHA.
After a status conference last week, a trial date was set for Feb. 2, 2010, for the litigation in which MTC is challenging the city’s approvals and alleges California Environmental Quality Agency violations.

Regional Water Board Hearing Is Still Set for Nov. 5 as Location Reverts Back to the Original Site that Was First Announced

• Residents Urged to Monitor Specifics until Last Minute


The meeting location for the hearing when the Regional Water Quality Control Board is scheduled to consider a prohibition on future septic tanks and stringently regulate existing wastewater procesing facilities for the Malibu Civic Center and surrounding neighborhoods will be held in the board room of the Metropolitan Water District of Southern California at 700 North Alameda Street in downtown Los Angeles on Nov. 5 at 9 a.m.
That is the meeting location that was first announced for the important hearing that will have major ramifications for local wastewater policy. The location was then moved to Simi Valley, but was switched back to the MWD board room, when the RWQCB determined that a major turnout is anticipated to attend and larger meeting quarters might be advisable.
The Malibu issue is the final item on the agenda, but most of the other items are described as uncontested and expected to be handled routinely, according to the agenda notice.
The agenda item’s formal description is “consideration of an amendment to the Basin Plan to prohibit discharge from onsite wastewater disposal systems in the Malibu Civic Center area, including Malibu valley and surrounding hillsides, Winter Canyon and surrounding hillsides and the coastal strips along the Pacific Coast Highway between and including Carbon Beach and Amarillo Beach.
The deadline for submission of written materials—Oct. 8—remained unchanged.

Council Rushes to Change Meeting Date Per Everyone’s Expectation

• Surprises May Be in Store If Members Think Municipal Flacks Will Dominate the Headlines

BY BILL KOENEKER


The Malibu City Council is poised to discuss the changing of the date of the regular city council sessions at a meeting next week, but the behind the scenes scuttlebutt is that it is a fait accompli—the Brown Act notwithstanding.
At its last meeting, the council directed the staff to bring back the matter on a future agenda. The proposed change was immediately put forward to the next agenda and the staff prepared an ordinance amendment changing the date of council meetings from the second and fourth Monday of each month to the second and fourth Tuesday of each month. The action, if approved, would take effect for the council’s November meeting.
The change is problematic for the local newspapers, given that they go to press on Tuesday night in keeping with local tradition and the local business cycle and that could impact the level of news coverage.
Some council observers think part of the reason for the wanting the date change is that the council’s own press releases—which are often picked up verbatim by the cash and staff-strapped larger media—could preempt more incisive and in-depth local coverage by reporters who work and live locally.
The notion that the city wants PR and not news comes as no surprise to scholars of local government who described it as “the nature of the beast.”
When Councilmember Sharon Barovsky called for the council to consider the change, she said she did not think it would pose a problem since the planning commission changed its meeting day to Tuesday in order to accommodate panelist Joan House, a former council member, when she was tapped to take a seat on the commission.
The commission is considered a springboard for higher office. Former Planning Commissioners Andy Stern, Harry Barovsky, Ken Kearsley, Joan House, Tom Hasse and John Harlow all used the seat to get elected to higher office.
Still, the staff report offers a new explanation that may have been refined in light of concerns already expressed about the date change. It indicates that, during this year, the council meeting day has been moved from Monday to Tuesday twice—first due to the Memorial Day holiday and then in September in observance of Yom Kippur. “Changing the permanent regular meeting date to Tuesdays would circumvent these future scheduling conflicts,” a staff report states. disregarding the fact that Jewish holidays change days from year to year.
The report goes on to say that modifying the regular meeting schedule would also allow the staff an additional business day to prepare for council meetings because Tuesday through Friday are not working—even though they are not broken up by the weekend as would be Wednesday through Monday.
“It also provides the public additional time to contact staff and or city council members to discuss agenda items. Significant amounts of correspondence are often submitted for various agenda items. The modified schedule would allow staff time to evaluate and respond to such correspondence and would provide the city council with additional time for review. Due to reduced staffing on Fridays, conducting city council meetings on Tuesdays rather than Mondays would assist in balancing the work load,” the staff report concludes.
The city council meetings right after incorporation were held on Tuesdays, but the local press urged the Monday change in the interest of timely news coverage and better informed public participation.

School District Puts Lights Issue on Hold Pending Action on Malibu LCP

• Supporters of Lights for MHS Games Continue Their Efforts to Obtain Permanent Solutions

BY SUZANNE GULDIMANN



The Santa Monica Malibu Unified School District Board of Education, at its Oct. 15 meeting in Santa Monica, reluctantly voted to remove permanent field lighting from Malibu High School’s Measure BB-funded improvement plans, but only “for now.”
The permanent field lighting, which would have had the potential to be in use more than 200 nights a year, was an alternative that could only be constructed if sufficient funds were left after the BB core projects were completed. The plan would also require changes to zoning in the City of Malibu’s Local Coastal Program, as well as variances for a number of other municipal regulations ranging from light pollution to height restrictions.
The decision came after the California Coastal Commission ruled unanimously to uphold the City of Malibu’s Coastal Development Program and General Plan and deny the school district’s request to amend the Malibu Campus’s Coastal Development Permit to allow temporary lighting for the school’s football program. The district, which has used unpermetted temporary lights for a number of years, agreement to a deed restriction on the Malibu property in 2000 prohibiting temporary or permanent field lighting as a condition for a Coastal Development Permit to build new facilities at the campus.
“I think everybody is fully aware that last week the district application for our Coastal Commission amendment was denied, ” Tim Cuneo told the board. “At that time, one of the main concerns of commissioners was the continuation of our plans for permanent lighting of the field and one of the suggestions we had as we went into the meeting was removing that part of the Measure BB plan.
“Since the denial of the temporary lights, I think it is even more important that the board consider removing this portion of the project. Staff will then stop moving forward and including this in the project description as we do the Environmental Impact Review as we move forward with the CDP application through the City of Malibu,” Cuneo stated.
Asked to “walk the board members through the commission’s decision,” district chief financial officer Jan Maez said, “Basically, the standard that the California Coastal Commission uses in evaluating permits is the LCP of the area. The primary basis for their decision to deny the amendment was based on the local coastal plan that’s been established in the Malibu area. They felt that night lighting of sports courts in the coastal zone of the CDP was a violation of the plan. They had other areas [of concern], but that was probably the strongest argument in their opposition.”
Maez did not mention a long list of environmental concerns, including light pollution and wildlife impact, that attracted opposition to the lighting plan from the Sierra Club, and led the commission to take coastal staff and the school district’s consultants to task for allegedly failing to accurately report the project’s potential for environmental damage. The commissioners also questioned the district’s commitment to honoring the 16-night limit presented in the amendment requested.
“I’m really very encouraged that some of our parent community has given direction to city staff to start that process of considering [changing the LCP],” Maez said. “The fact that they are interested in it gives us the hope that in the future when the CDP is amended the school community could come back and reconsider some kind of lighting of the field, whether it’s temporary for 16 nights, or for other athletic purposes or even in the larger community. At this time, we have the existing LCP. Continuing to move ahead with football lighting as part of BB would not be cost effective for the program at this time because of the LCP. “
“It’s out of our hands today,” board vice president Barry Snell said, describing the lighting plan as an enormous undertaking. “I think we as a board have done everything we could possibly do as a board to show our support of it. It’s the only activity that students have on a nightly basis to be able to congregate. The Coastal Commission didn’t understand. I think we argued our point very validly.”
“The people who were opposed to the lighting didn’t think about the students, instead they thought about aesthetics and everything that was around them,” board member Maria Leon Vazquez said. “What’s important to us is students. It’s important that we support the community that does want the lights.”
“I can’t speak for residents around the school, but those that I have talked to I believe would testify to this, that they were not opposed to the temporary plan itself,” MHS football player and associated student body president Hap Henry told the board. “They were opposed to having what they thought could be the opening of a Pandora’s box situation, where there could have been dozens or even hundreds of night uses under the permanent plan that we’ve been supporting up until this point,” Henry told the board.
“And I do not personally think that we should stop our efforts to obtain permanent lighting under a more reasonable limited basis in which I feel there should be the football games, as a football player, and that we could also include several, I don’t know what the number would be, but less, soccer for both boys and girls and lacrosse games to be under the lights in order to ensure the equity,” Henry continued. “I want to publicly attest that I do not support the maximum plan for the football field that would include adult sports.”
“Not having night games has really motivated students to not register that there is a game,” said MHS cheerleader Eden Concoff. “When you think about your high school career, a lot of that probably revolves around sporting events and homecoming and senior night and we don’t have that at all. So it makes sense to everyone at some level that we really do need these lights just so we can have a high school experience and be able to look back and say ‘Oh, that night football game was so much fun.’ We don’t have that at all. For the cheerleaders it really difficult for us.”
The cash-strapped school district, which is facing a $12-15 million deficit this year, authorized one last MHS temporary lighting expense at the meeting: an additional $20,000 in general funds for Culbertson and Associates, the firm hired by the district to prepare the CCC amendment and lobby the commission, bringing the total for the firm’s temporary lighting efforts to $54,000. The amendment extends the contract until June of 2010, to ensure that all of the project’s loose ends are tied up, according to district staff.

Board of Education Hopes PR Could Help Produce Dollars

• SMMUSD Area Schools Are Facing Three Years of Deficit Funds Due to Statewide Economic Crisis

BY SUZANNE GULDIMANN


With a bleak economic outlook and a $12 million deficit that is anticipated to grow by an additional $12 million annually for the next three years, the Santa Monica Malibu Unified School District Board of Education is discussing hiring a communications director to improve public relations and assist the district in finding funding sources.
The job description that accompanied the Oct. 15 board of education meeting agenda stated “Under the supervision of the superintendent, the director of communications, accountability, and community engagement, plans, develops, coordinates, and implements communication and public relations activities; advises upon and manages effective media, community and public relations; composes and designs press releases for distribution; maintains editorial and graphics standards; and coordinates and produces special public events.”
The salary and benefits for the proposed position would total $107,010: a salary of $85,608 and a benefits package of $21,402. Staff proposed that 60 percent of the salary would be funded “through monies that had been budgeted for the director of school safety position, which will not be filled.” The remaining 40 percent could potentially be funded with Measure BB bond money, according to the staff report.
District supervisor Tim Cuneo suggested that the new position could provide valuable assistance with the parcel tax and bond issue initiatives currently being discussed. He added that the current building and improvement bond, measure BB, committee has also requested assistance.
The proposal met with a mixed reception.
Cynthia Torres, chair of the Financial Oversight Committee, spoke in support of the discussion item. “The [parcel tax] election is likely to happen,” she said. We are in a dire financial position. We need effective public and media relations [to] tell the district’s story effectively [and] make effective use of media.”
Santa Monica school activist Richard MacKinnon disagreed. “The moment that the superintendent told us all we were facing a $12 million hole in funding our schools is the moment I don’t believe we should go ahead with the hires. We were told in the spring there would be a hiring freeze. This is going in a completely wrong direction. The public of our community will take the entirely wrong message away.”
“Would it be bad politically to do this?” asked board member Ben Allen.
Teachers Union representative Harry Keiley seemed to think so. “The reality is you’ve increased class sizes, we’re in a so-called economic crisis and were talking about spending more money, not less, on a position that may be needed in good times? You’re asking employee groups to make considerable concessions and be part of a solution. I’m appalled that this item is here at this time in this climate.
“I don’t buy into the branding of public schools,” Keily continued. “This is not corporate America. This is not the time to be talking about creating a $100,000 position, which is the equivalent of two beginning teachers. How are my teachers going to respond to this? If this is a real crisis out there we need to start acting like it.”
“I’ve always thought a position like this could bring value to the district,” board member Jose Escarce responded. “I wish it would have been proposed a long time ago but I couldn’t defend this [now] because I think we are currently in a position to support programs as much as possible,” “Yes, of course there would be benefit but the short-term effect is negligible. I believe it would be a terrible mistake on the part of board to do this now.”
“Devastating cuts for budget mean I can’t support this either,” board member Kelly Pye said.
“I’m enthusiastic about the proposal,” Allen said. “I requested that it is placed on the discussion rather than action agenda. It’s about the district doing its best job of putting it’s best foot, face, forward. We just don’t get the story out. I just think of the lost opportunities.”
“I’ve been very supportive of this position for a long time,” board vice president Barry Snell said. “This is a position that’s vitally needed. I think it’s a position that in the long run will affect our district in ways it never has before. I understand the climate we’re in right now and understand that supporting a position like this now is hard to see [but] this kind of make considerable concessions and be part of a solution. I’m appalled that this item is here at this time in this climate.
“I don’t buy into the branding of public schools,” Keily continued. “This is not corporate America. This is not the time to be talking about creating a $100,000 position, which is the equivalent of two beginning teachers. How are my teachers going to respond to this? If this is a real crisis out there we need to start acting like it.”
“I’ve always thought a position like this could bring value to the district,” board member Jose Escarce responded. “I wish it would have been proposed a long time ago but I couldn’t defend this [now] because I think we are currently in a position to support programs as much as possible,” “Yes, of course there would be benefit but the short-term effect is negligible. I believe it would be a terrible mistake on part of board to do this now.”
“Devastating cuts for budget mean I can’t support this either,” board member Kelly Pye said.
“I’m enthusiastic about the proposal,” Allen said. “I requested that it is placed on the discussion rather than action agenda. It’s about the district doing its best job of putting it’s best foot, face, forward. We just don’t get the story out. I just think of the lost opportunities.”
“I’ve been very supportive of this position for a long time,” board vice president Barry Snell said. “This is a position that’s vitally needed. I think it’s a position that in the long run will affect our district in ways it never has before. I understand the climate were in right now and understand that supporting a position like this now is hard to see [but] this kind of position will enhance the revenue.”
“We’re not ready at this point,” board president Ralph Mechur said. “[This is a] wonderful communication plan, [but] where’s the budget for it? There’s cost associated with this. I think there needs to be a lot to talk about it before we jump in and blindly move ahead.” Mechur and several other board members questioned the legality of using BB funds for administrative salary.
“There are tons of things slipping through the cracks at the district all the time,” Allen argued, describing the PR position as a “top priority” of the PTA. “I’d like to have a plan in place,” he said, suggesting that perhaps a junior position, with “significantly less pay” and an end-of-year review, might be a better option, to “give the supervisor some bread and butter help with newsletters and things.”
“What I heard is that you would like to see something before you that is more strategic in a plan of the areas of which would be addressed and laid out,” Cuneo said. “The one thing you focused on is communicating with the public. Part of the public are our employees and we don’t do a good job communicating with our employees. That is a very critical area in this organization. Communicating within the district helps with morale.”
“We’re just going to have to limp along for a while. maybe a long while,” Escarce said. “I would have a great deal of difficulty in supporting the creation of this position this year.”
“I don’t want to bring something back to you that’s going to get put on a shelf,” Cuneo said.
The board agreed that the superintendent should meet with the board president and vice president to further discuss the matter, before bringing the item back to the board.

Mitrice Richardson Now Has Been Missing for Over a Month

• Number of Volunteer Searchers Grows as Word Spreads about Woman Arrested in Malibu

BY ANNE SOBLE


There’s something about the saga of Mitrice Richardson that elicits concern from everyone who learns that the 24-year-old, arrested for nonpayment of an $89.51 dinner tab and the subsequent finding of less than an ounce of marijuana in her vehicle on Sept. 16, has not been heard from in over five weeks.
“Why aren’t there posters up everywhere? Why isn’t this on the TV news every night? Why aren’t there photos on the sides of buses?” are some of the questions asked by people when they see volunteers distributing flyers about the honors college graduate with doctoral degree aspirations who may be experiencing debilitating psychological stress or full-fledged mental illness.
When the manager at Geoffrey’s restaurant performed a citizen’s arrest after Richardson attempted to leave the premises without paying, her behavior was described as “crazy.” Staff said she was speaking gibberish and stating that she was from Mars.
After her disappearance, family and friends indicated she was sending undecipherable emails and exhibiting other puzzling behavior a few days prior to the restaurant episode.
Apart from a sighting in the backyard of a Cold Canyon residence just before dawn following her 1:25 a.m. release from the Lost Hills Sheriff’s Station on Sept. 17, Richardson has virtually disappeared.
Although there are frequent reports of sightings, none have produced any leads to her whereabouts. Volunteer searchers spent last Sunday in the Santa Monica and Venice areas, where there were more sightings than in any other area, according to search coordinator Chip Croft.
The growing ranks of volunteers express hope that the missing woman will be found, but concern mounts that the stress of the arrest, the release without funds, alone and on foot, and her current status has pushed her into a crisis state. “She may not know who she is,” Croft said.
“Every lead is being followed up painstakingly,” according to Detective Chuck Knolls from the Los Angeles Police Department, now the lead agency on what is still technically a missing person case because Richardson’s residence is in South Los Angeles. He added that “there is nothing new to report.”
INFORMATION CAMPAIGN
As the searching continues, Richardson’s father Michael, with whom she did not live when growing up, has increased his visibility in an effort to draw public attention to her story.
He has started to appear on programs that are part of the Black Talk Radio Network system of bloggers, Internet radio shows and other independent media, to “take the search for Mitrice national.”
Speaking on a two-hour interview show based in North Carolina last Thursday, the father hammered at the Los Angeles County Sheriff’s Department for alleged errors and inconsistencies in their reports.
Richardson was sharply critical of the release of his daughter “who is afraid of the dark” alone, on foot and without funds “into the wilderness” outside the Lost Hills station, while she was in a “troubled state.”
He also came down hard on the mainstream media, which he says did sloppy reporting, even as he dismissed it as not relevant to the black community.
The father noted the discrepancy between the kind of glaring news coverage a missing white student who was vacationing in Aruba received versus that being given to his daughter.
He also said he wants to bring black activist Al Sharpton on board, as he tries to “harness the power of the Internet,” including what is often dubbed the Black Blogosphere.
Richardson added that he tried to enlist the support of Malibu Mayor Andy Stern in his efforts, but he said that Stern only referred him to the sheriff’s department. The Malibu City Council has taken no action concerning the woman’s disappearance.
The Los Angeles County Board of Supervisors has posted a $10,000 reward for information leading to Mitrice Richardson’s whereabouts. The supervisors also have asked the LASD to report back on after-hour release policies and procedures for inmates with possible psychological issues.
Information about Richardson can be directed to www.findmitrice.info or Michael Richardson at 310-283-4717, Ronda Hampton at 951-660-8031, or LAPD Detective Chuck Knolls at 213-485-2531.

Ex-Serra Retreat Master Has Died

• Father Emery Tang Left Legacy of ‘Sacred Ordinary’

BY SUZANNE GULDIMANN


The Serra Retreat chapel, with its graceful architecture and magnificent views, offers an oasis of tranquility at the heart of the retreat’s grounds. The man who presided over its building died earlier this year, but the chapel remains as part of the legacy of one of the retreat’s best-loved masters. Emery Tang, retreat master, teacher, writer, photographer and poet, died on June 8. He was 81.
Tang was born in Phoenix Arizona in 1927 and ordained in 1952 at the Santa Barbara Mission. He spent a decade as a teacher and later a principal at schools in Northern California.
When Tang became a retreat master at the Serra Retreat in 1972, the Franciscans were still working to salvage and rebuild, following the devastating 1970 fire that destroyed most of the retreat’s buildings and left the grounds and the surrounding mountains scorched and barren.
Tang continued to be involved with the Malibu retreat house off and on for three decades. He was appointed Serra’s director in 1984. Retreatants remember him as a compelling and inspiring speaker and a man of great compassion who possessed a wry sense of humor. Visitors often encountered him working in the gardens, tending to his flowers.
“Whenever Emery went to speak or conduct retreats, people would flock to absorb his inspiring words delivered with simplicity and humility,” wrote Father Warren Rouse, Serra Retreat’s current director. “In ‘retirement’ he continued his preaching ministry in the parish and elsewhere, even though his health was precarious.”
Tang was also a highly respected photographer, his work described as embodying the “sacred ordinary.” His photographs accompany his three books, “China Connection,” which examines his Chinese American heritage; “Food for the Journey,” a book of essays; and “The Clams Are Talking,” a collection of poetry written in collaboration with fellow Franciscan Hugh Noonan.

Proposed Ban on Retail Formula Not Dead Yet

BY BILL KOENEKER


The Malibu City Council’s Zoning Ordinance Revisions and Code Enforcement Subcommittee, or ZORACES, met last week to consider whether the municipality should draft a ban on chain stores or what officials call a retail formula ordinance.
The council subcommittee members, Councilmembers John Sibert and Jefferson Wagner were met by many of the shopping center owners or their representatives, real estate brokers and other critics, who have repeatedly asked the city to retire the proposal since they believe it is not needed and will not do what it is proposed to do.
For years, a proposed ban on franchise type retail outlets has been floating around, after a recommendation by Councilmember Pamela Conley Ulich, who drafted the language of the proposed measure.
The subcommittee last week, agreed to send the proposal back to staff to possibly rework the law and to consider if there are methods of enforcing current zoning laws.
The proposal reiterated by Conley Ulich is based on a court-tested law that proponents say would eliminate many chains such as Burger King or other like franchises from easily descending on the Malibu coast.
However, shopping center owners and other critics repeated that the market in Malibu precludes such kinds of low rent franchises with high-end boutiques and other stores such as Gucci or others that could easily end run around any such ordinance because of the uniqueness of each of these kinds of boutiques.
Subcommittee members were reportedly unwilling to kill the proposed ordinance in subcommittee. “That is not what we were charged with,” said Sibert.
The council had reconsidered the matter at a July 27, 2009 meeting, when a majority of the council determined that the issue should not be placed on the April 2010 ballot for voter consideration, but rather be shipped over to ZORACES.
The matter had come before the council three years ago when it first heard about the issue.
It is not the first time the council has wanted ZORACES to consider the matter. In 2007 the council directed the panel to review a proposed ordinance to narrow the scope of the program prior to initiating a new law.
ZORACES developed recommendations for the council's consideration.
By 2008, the council adopted a resolution and all the other necessary documents needed for enacting such a law.
Again it went back to ZORACES which reviewed the item and public input. The staff requested input on ordinance language and guidelines prior to the preparation of a draft ordinance for planning commission and city council consideration, according to a staff report.
However, based on several comments of the subcommittee and members of the public, ZORACES recommended the issue of whether or not to draft an ordinance be sent back to the city council for consideration for placement on the April 2010 ballot, according to a staff report.

Library Design Plans are Unveiled at City Council Meeting

BY BILL KOENEKER


Conceptual plans were unveiled to the Malibu City Council last week for a design makeover of the Malibu Library.
Impressed by the design elements outlined, the council unanimously approved a contract with the design firm, LPA, Inc., for construction plans.
LPA, Inc. spokesperson Rick Damato told council members about how the Malibu Library story would be told with a design background using the elements of sun, sand and water to help tell the story of Malibu throughout the library.
The consultant explained how the large open spaces currently in the library would be broken up into defined spaces such as a teen library, expanded children’s library and doubling the size of the community room.
The ceiling currently a panel of fluorescent lights, would be broken up and natural light would be added in places
The entry would mimic the Adamson House and there would be what is called a Heritage Wall with a timeline of the history of Malibu.
Different themes throughout the library would reflect the different aspects of Malibu, according to the consultant, who said the teen library would contain hanging surfboards, while the community room would remind folks of the equestrian era of Malibu.
The southern glass wall would open up to a new outdoor space using a folding material.
The outdoor space would have a small stage for productions, trees and landscaping so that a patron could read a book under a tree.
The total cost of the many design elements, including a new outdoor wall surface, would amount to a little more than $5 million.
A shortfall of less than a half million dollars would be filled by fundraising by the city.
Most of the money comes from property taxes that council members found were not charged to the Malibu Library. City and county officials are still working out the details of how patrons can continue to have library service during construction.

City Still Discussing Tenant for PCH/Webb Way Building

BY BILL KOENEKER


The Malibu City Council is set to once again discuss, in closed session next week, what might be the right tenant for the city-owned property at 23661 Pacific Coast Highway, the building located at the corner of PCH and Webb Way.
The building was formerly occupied by Coldwell Banker, which moved out last year. Since then the city has been trying to find a new tenant.
Currently, six businesses have come forward to offer bids and proposals for what they would do.
Those include two lumber stores: Anawalt Lumber and Ace Hardware; an urgent care—Dr. David Frankle, who owns Malibu Urgent Care; a pharmacy, the city has been talking to Tom Park who speaks on behalf of Super Care Pharmacy; a furniture store, Room at the Beach, owned by Elizabeth Lamont; and a developer, Richard Weintraub, who partnered with the city on the conversion of the former lumberyard into a high end shopping mall.
Frankle and Super Care Pharmacy represent two new players in the bid for the building, which is encumbered by several limitations because of a complicated wastewater system restrictions.
City officials confirmed the council discussed the matter at its last session on Oct. 12 and had apparently reached no conclusions. The council is scheduled to continue to discuss the matter in closed session next Monday.
The council has discussed the matter several times over the last six months. A request for a proposal had been issued in April, but at that time the city had received only one reply from Anawalt, who was initially turned down, and the deadline for the RFP was extended.
The nearly half-acre commercial zoned property was the focus of attention when the realty firm decided to move out when the city raised the rent and the realty firm consolidated its offices on Malibu Road.
Coldwell Banker was leasing the site for $5.83 a square foot, which is about $337,000 per year. The city requested a minimum amount of $428,000 which is $7.37 per square foot.
Malibu officials have stated they are looking for a long-term partnership for the stand-alone building consisting of 4949 square feet.
They are seeking a lease term of 20 to 35 years, and want the minimum annual lease amount plus triple net.
With the acquisition of the former Performing Arts Center, the city has become a major player and force in the commercial property sector in the Civic Center.

Wednesday, October 14, 2009

Injunction Considered to Block Trancas Park Construction

• Malibu West HOA Approves Only Legal Option that Could Halt Dozers

BY BILL KOENEKER


What appeared to be a settlement of the Trancas Canyon Park litigation by the Malibu Township Council with city officials seems to have reversed gears in the final stretch.
The city and MTC were set to have a status conference report before the presiding judge on this Wednesday after the city had made an offer and the MTC board was expected to vote on it.
Malibu City Attorney Christi Hogin said that the MTC’s attorney, Frank Angel, had been slow to get back to her about a settlement offer. “It was not much of a dispute,” Hogin said.
Angel last week acknowledged a settlement offer, but would not reveal what it was about until he had talked to his clients.
However, the Malibu Surfside News has learned that the Malibu West Homeowners Association has voted to allocate $32,500 in funds to the MTC to seek an injunction to stop the construction at Trancas Park.
Last week, bulldozers arrived at the fenced off lot and began grading the flat pad. At the beginning of this week, they started on the hillside, but work was stopped by the forecast of rain.
Hogin said this is the first she has heard of the development. “I’ve gotten no notice of an injunction. MTC has made no effort to stop us,” the city attorney said.
Angel was not available for further comment this week.
The News obtained a sample ballot on which HOA members approved legal fees “to support the Malibu Township Council seeking an injunction to stop construction of Trancas Park.”
The information sheet states the city is unwilling to “scale back the grading from the approved 77,000 cubic yards and unwilling to legally prohibit future league play at the park. Given the changes made to the original park’s design, the MTC does not want to continue the lawsuit unless the neighborhood is supporting that effort.”
Hogin expressed surprise at the purported turn of events, saying she thought differences over the project were resolved, such as the fate of the so-called bat cave and league play prohibition.
She declined to comment about how a court might view an attempt to obtain an injunction at this time. “We thought they were going to settle,” she said.
The ballot instructs HOA members that, “If the injunction succeeds and the litigation goes forward, the lawyer advises that the MTC has about a 50 percent chance of prevailing in the lower court case.”
It notes that “the potential delay of five or six months during litigation may be a motivation for the city to agree to concessions, including potentially a permanent restriction against league play. If the MTC is successful getting a Temporary Restraining Order to stop the grading at that point, it would require fundraising up to an additional $31,000 to complete the lower court case.”

City Council Favors MLPA Option with ‘0’ Local Favor

• Action Leaves Most Locals Unhappy

BY SUZANNE GULDIMANN


After listening to nearly 50 speakers passionately advocating for Marine Life Protection Act Initiative South Coast Study Region’s stakeholder group maps, or proposals, 2 and 3, the City of Malibu’s City Council voted unanimously to endorse map 1, viewed by some as a compromise between environmental and fishing interests, but seen by others as a political cop-out.
After a year of intense discussion and debate, the three official stakeholder groups for the South Coast Study Region, which incorporates the California Coast from Point Conception to the Mexican Border and includes Malibu, are preparing to present the final three proposals to the Blue Ribbon Task Force during a three-day meeting set for Long Beach, on Oct. 20-23. The BRTF will then make its recommendations to the Department of Fish and Game, which is the lead agency and has the final say.
The MLPA was passed ten years ago in an attempt to protect marine resources by creating a network of Marine Protected Areas, or MPAs. In Malibu, an MPA is proposed for the waters off of Point Dume. The debate is now over how to set the MPA’s boundaries and what level of protection should be sought.
Proposal 3 offers the highest level of protection and encompasses the most extensive area, with a State Marine Reserve—an area that prohibits any fishing activity—stretching from just east of the Paradise Cove Pier to Zuma Beach, and a State Marine Conservation Area, which would permit fishing for specific species, from Zuma to El Pescador State Beach.
Proposal 2, favored by local fishing advocates, would provide a SMCA from Westward Beach to El Pescador, eliminating a Point Dume SMR.
Proposal 1, often described as a watered down compromise, offers a smaller SMR that would stretch from the western end of the Paradise Cove Pier to the western end of Westward Beach, with an SMCA also extending to El Pescador.
Passions may have run high, but the public comment went smoothy, with speakers and audience remaining quiet and respectful. Many speakers turned to address the crowd behind them, rather than the council. Supporters of Proposal 3 wore blue shirts that stated “MPAs Work.” Fishing advocates who support Proposal 2, including a large contingent of Paradise Cove residents organized by longtime resident Shari Latta, carried signs with their message.
Several council members, and some of the speakers, seemed confused about exactly what each proposal covered.
“The reason I would support Proposal 1 is that it’s the only one to incorporate everything,” Councilmember John Sibert said. “I think an evaluation needs to be included to assess how effective it is. We don’t know enough about MPAs.”
Stakeholder group members Sarah Sikich and Kevin Ketchem, called to the podium to clarify, disagreed, indicating that both Proposals 1 and 3 included all of the elements required by the Science Advisory Board.
During public comment, Randy Olsen, a Malibu resident, marine biologist and founder of the ocean conservation group Shifting Baselines, contested the statement about MPAs. “We didn’t know in 2005, when MPAs were getting started. We know now that MPAs work,” he said.
Proposal 2 proponent Shari Latta said that the local fishing community also supports MPAs, but wants to ensure that they are not placed in areas that have traditionally been accessible to recreational fishers. “[These areas are] our playground, our classroom,” she said.
Councilmember Pamela Conley Ulich was the only advocate on the council for Proposal 3. She read the City’s General Plan, which outlines Malibu’s commitment to preservation and conservation of its environment and natural resources, including the ocean, out loud to the council.
“We live here,” she said. “We have made a commitment to preserve [the ocean].
Councilmember Sharon Barovsky did not agree. “I was on the General Plan Task Force, this is not what we had in mind. If you carry that on you would protect everything and the only people we wouldn’t be protecting is people,” she said.
Councilmember Jefferson Wagner, who disclosed that he is actively involved in the fishing community, described map 1 as “not making anyone happy,” but added that he though it was a choice everyone could live with.
“I’m going to support this,” Conley Ulich conceded. It’s a step in the right direction.” She added that it would still provide the fishing community with the opportunity to harvest the bounty of the earth.
The council agreed to authorize Mayor Andy Stern to send a letter to the task force in support of Proposal 1, adding on Sibert’s recommendation language requesting “evaluation on a timely basis to make sure it’s effective.”
The Blue Ribbon Task Force will meet Oct. 20-22 at the Hilton Long Beach Hotel and Executive Meeting Center, 701 West Ocean Blvd. More information, including maps of the three proposed Point Dume MPAs, is available at: www.dfg.ca.gov/mlpa/

Debate Ensues over Sewer System ‘Costs’

• War of Numbers Underway before Key Nov. 5 Meeting

BY BILL KOENEKER


In what has become a public relations battle between Malibu city officials and the Regional Water Quality Control Board, the city has released preliminary figures on how much it might cost residential property owners who have to hook up to a sewer system if the water board’s ban of septic systems is enacted.
Municipal officials issued a press release this week estimating homeowners would each have to pay $1000 per month to comply with the RWQCB’s order to hook up to a centralized plant.
The city says capital costs of providing a centralized wastewater system for the broader Civic Center area, as outlined by the regional board’s boundary maps, are estimated at $52 million.
A sparsely attended evening workshop two weeks ago, which surprised state officials, who had planned for a slew of protestors, apparently also surprised municipal officials, who expected critics to descend on the state agency.
Instead, the city released the news in the hopes of rallying the troops with the intention of kicking in a high gear PR campaign.
The scenario is shaping up unlike the 1980s when Los Angeles County’s campaign to sewer Malibu lead to thousands of protestors and incorporation.
City officials say the price tag prepared by the consulting firm RMC Water and Environment counters the RWQCB’s estimate of $16.7 million aired at the community workshops.
“We are deeply concerned that the regional board has not completed its due diligence and has not considered the overwhelming monthly cost to local homeowners and landowners,” said Mayor Andy Stern. “These are very significant costs and are certainly compounded as we experience an unprecedented economic crisis.”
The city, in its press release, said it figured the costs by estimating the septic prohibition’s boundaries would include 400-500 land parcels. Costs were estimated from capital costs of a centralized plant, including planning, engineering design, construction, construction management, administration and legal fees.
Land purchase costs were not included, which would inevitably drive the costs upwards.
Operations and maintenance of the system would be approximately $1.6 million per year, including power, chemicals, repair/ replacement, insurance and staff.
The city press release goes on to state the consultants estimate the monthly cost of the project would be about $420,000 or $5 million per year, assuming a capital cost of $52 million, annual costs of $1.6 million and a 20-year SRF loan at 2.7 percent.
What the city press release does not mention is that the RWQCB does not have the authority to require the city to build a centralized plant, it can only enact a prohibition. The choice of how to respond to a prohibition remains in the hands of the city.
That could involve alternatives besides a centralized plant, such as a step system, utilizing existing septic systems to reduce the infrastructure costs, hooking up to a centralized plant, such as Hyperion or Tapia, or providing another kind of wastewater system.
Municipal officials indicated the cost for commercial property owners will “vary greatly depending on size and use of the property, but it is anticipated it will be significantly higher than residential costs.”
City officials are still arguing, though the water board has already turned them down, that more time is needed before the board makes its decision.
“Emerging data and scientific studies are strongly supporting the long-held belief that cleaning up stormwater and urban runoff should be the highest priority for improving water quality and protecting public health—rather than banning existing septic systems,” the press release states.
“Five new studies on ocean water quality and bacteria levels are expected to be completed in the next six to nine months. These studies are anticipated to provide significant findings to help guide the city and regional board in a scientific and financially prudent manner to ensure all actions will improve water quality and protect the public’s health.”
The mayor said, “We believe the regional board should place the proposed prohibition on hold until it has all the information to be certain it achieves the goals we all share; protecting the public’s health and improving water quality.”

Council to Discuss Changing Its Meeting Night to Tuesday

The Malibu City Council is going to consider changing its meeting day to Tuesday night instead of the current Monday night schedule.
Councilmember Sharon Barovsky said at this week’s council meeting that she wants the matter explored at a future session, and political insiders opine that usually means she is lining up support or applying political pressure in favor of the change.
Barovsky said she did not think the change would pose a problem since the planning commission changed its meeting day to Tuesday in order to accommodate panelist Joan House, a former council member, when she was tapped to take a seat on the commission.
Unconfirmed rumors abound that House is considering another city council run and observers express concern that insider politics and council candidacies might override the problems a change of day would create for Malibu media deadlines.
City council meetings right after incorporation were held on Tuesdays, but the local press urged the Monday change in the interest of timely news coverage and enhanced public participation.
The current council is perceived by some critics as disdainful of media coverage of its actions and preferring to work with special interest groups over the public.

First Rain Means Iffy Ocean Quality

• Runoff Hazard High after Fire and in Drought


Heal the Bay today issued its standard “first rain” warning to residents and visitors to avoid water contact at Los Angeles County beaches for 72 hours due to the recent wildfires and a record drought period.
The area environmental action group points out that the county’s 2800-mile storm drain system has the unintended function of moving pollution directly into the Santa Monica Bay following rainstorms.
After heavy rains, these major outfalls send debris, animal waste, pesticides, automotive fluids and human-gastrointestinal viruses into the marine ecosystem. This pollution poses human health risks, harms marine life and litters the shorelines.
The recent fires scorched vegetation that once helped to filter and stabilize these pollutants. Debris and toxins that have been accumulating for months on sidewalks, roadways and riverbeds are now being washed into the storm drains. It is generally acknowledged that exposure to this runoff can cause a variety of illnesses, most frequently stomach flu.
During dry months, Heal the Bay and county health officials urge swimmers to stay 100 yards from flowing storm drains, which have been shown to have elevated levels of known carcinogens and pathogens.
“Our region’s waterbodies are likely to see unparalleled pollution levels after this rain event due to the recent brush fires and drought conditions‚” said Kirsten James, Heal the Bay’s director of water quality.“It is critical that swimmers are aware of this risk and stay out of the water.”
During the rainy season, Heal the Bay reminds residents that they can take steps in their own home to take pressure off an already taxed storm drain system.
These preventive steps include: keeping trash out of gutters and storm drains, disposing of animal waste and automotive fluids properly, and avoiding overwatering lawns and plants. One can visit the Heal the Bay website at http://www.healthebay.org/waystoheal for more tips.
To access images of storm-drain debris, one can visit the site http://www.flickr.com/photos/healthebay.

Coastal Commissioners Rule Nighttime Sports Field Lighting Violates City LCP

• Unanimous Vote Takes District to Task for End-Run Campaign

BY SUZANNE GULDIMANN


The California Coastal Commission voted unanimously on Oct. 8 to uphold the City of Malibu’s Local Coastal Plan, and deny a Coastal Development Permit amendment request by the Santa Monica Malibu Unified School District to permit temporary athletic field lighting for Malibu High School’s football program.
The request was denied on the basis that it was not in conformity with the LCP, but the commissioners also questioned the validity of the findings in the district’s application and criticized the commission staff for allowing the amendment request to be placed on the agenda.
Malibu High School’s 2000 CDP included a special condition prohibiting temporary or permanent athletic field lighting. The school, despite the CDP, has for a number of years used temporary lighting for a limited number of football games and practices.
When plans for permanent lighting were revealed in August 2008 as part of the campus’s Measure BB-funded safety improvements, the district was informed that it would require an amendment from the coastal agency before it could pursue either temporary or permanent lights.
After a year of negotiations with area residents, the district agreed to limit the number of nights requested in the amendment application to 16—eight practices and eight games.
The cash-strapped district, which is facing a 12 million deficit, reportedly invested more than a half-million dollars in the attempt to amend the lighting prohibition.
Several commissioners expressed surprise at the district’s findings, which described the area as heavily urbanized, with street lights and an absence of wildlife. The district’s application also stated that no complaints about the illegal light usage were ever received.
Several revelations came from the district’s consultant and lobbyist Andi Culbertson. The district has maintained that it never signed the deed restriction prohibiting field lighting, which was part of the special condition on athletic field lighting imposed by the Coastal Commission in the 2000 CDP, and never filed the document with the commission.
Culbertson confirmed that the document exists and is on file at the commission. Culvertson also stated that the district was aware that the temporary lighting was illegal as early as July of 2008, before the permanent lighting plan was revealed at a public meeting in August, and that she herself reported the violation the Commission’s deputy director Jack Ainsworth in July of 2008. SMMUSD documents indicate that the district’s contract with Culvertson and Associates was not approved until Aug. 21, 2008.
Culbertson also clarified the district’s statement that no complaints had ever been received about the illegal lighting, stating instead that there appeared to be no formal complaints to the Coastal Commission.
“Malibu residents complained early and often,” Malibu resident Steve Uhring, who is the president of the Malibu Township Council, told the commission, refuting the school district’s statement.
He presented a letter from former MHS principal Mike Matthews, informing concerned residents that the newly formed football program would not require lights and a 2005 Malibu Park Home Owners Association agenda that included a meeting with MHS principal Mark Kelly to discuss the “ongoing” issue of night lighting, among other documents.
Uhring also provided a copy of a portion of the City of Malibu’s LCP that contained the prohibition against athletic lighting in the institutional zone and a recent letter to the editor of the Malibu Surfside News from a MHS parent addressing the need for equal field lighting hours for girls’ soccer under Title 9 requirements.
“When did we have the enforcement meeting?” asked Uhring. “Are we down to a point where anyone can do anything they like without ramifications? That appears to be what’s going on with the school.”
The application also attracted the ire of the Sierra Club. “Of all the irritating, obnoxious coastal programs that end up before you, this one should really make you angry,” said Mark Massara, director of the Sierra Club’s California Coastal Campaign.
“In lieu of penalties [for violations] we are treated to a half million dollar lobbying campaign to legitimize these lights and staff response of befuddled mystery over the plain language of the permit and LCP,” Massara continued. That’s the heart of the matter, teaching students and adults to live in harmony with coastal resources in compliance with the spirit and letter of the Coastal Act. This isn’t the wild west, where you do whatever you want.”
“The LCP could not be clearer,” Massara concluded. “The only mystery is what staff was thinking. By law, the executive director should not have allowed this proposal to get before you, because it explicitly weakens the LCP. It’s vitally important that you uphold the CPD.”
The Sierra Club’s Penny Elia had harsh words for the biology consultants hired by the district for the project. “We know what Glenn Lukos is going to say, ‘There’s nothing there,’” Elia said. “We talk at length about finite resources, these are finite resources. Once they’re destroyed, they don’t come back.”
“This has been a controversial issue for a long time,” Commissioner Sara Wan said. It’s not our job to see how many people support or oppose it, and our sympathy, my sympathy, for the football players, is not our job. It is our job to look at the Coastal Act issues, and I see four of them: habitat, visual impact, including the night sky, energy usage and zoning.
“I hate to say this, but I felt it necessary to go to the site. Dr, Engel [the commission’s biologist] did not go to the site. She relied on the Glenn Lukos report. I felt it was necessary to look at this myself. I looked at the area.
“I’m not going to argue it’s ESHA. Frankly, it doesn’t matter,” Wan said. “I read the biology report and I take exception to your tone,” Wan told the applicants. “If you look at the report it lists everything as if there’s nothing there. If that’s the case, it’s the only place in Malibu that’s like that. Malibu has lots of wildlife, whether it’s ESHA or not. [The report] specifically says in looking for barn owls and great horned owls there aren’t any. There is no possible territory in Malibu that isn’t occupied by owls. There’s no foraging? Excuse me? There’s 23 acres of coastal sage scrub, clearly foraging. Plenty of raptors.
“It doesn’t have to be ESHA to require a prohibition on lighting,” Wan stated. “There are impacts of night lighting cumulatively. This is not an urbanized area. It has a pretty good night sky. There is no way [the lights] won’t affect the night sky, no way not to have an adverse impact. There is a specific sports court lighting prohibition in [the] industrial zone. It is not permitted, and that brings you to a serious conflict. If you remove the prohibition in the LCP you are opening a can of worms. I don’t think you have much choice.”
“The law is clear,” Commissioner Esther Sanchez agreed. “The lights are prohibited. There are no changes in circumstance. There continue to be Coastal Act objections.”
Commissioner Ross Mirkarimi was mystified why staff placed the item on the agenda. “I think the rule is clear,” he said.
“I see this as a very rural area,” Commissioner Patrick Kruger said. “The lighting impact would be great.”
“Title 9 issue is a big issue,” Commissioner Mark Stone said. Stone was formerly on a school board. “I guarantee they will be back to ask us for more lights. It looks to me like Malibu has worked fairly hard to keep dark night skies. I don’t see how we can support this change.”
“The odds of seeing this back before us [because of Title 9] are very high,” Commissioner Mary Shallenburger said. “It is absolutely a prohibition on institutional lighting. The interpretation of the LCP has to be that there is a prohibition on institutional lighting as well as private. I think It’s important that we don’t put a heavier burden on the private property owners than on institutions.”
“I move to deny the proposed amendment,” Commissioner Steve Black said. “I think our views in regard to lights have evolved over time. We’ve gotten smarter. I request that staff maybe process this a bit.”
Several MHS football supporters expressed dismay about the Coastal Commission decision during public comment at the Oct. 12 Malibu City Council meeting. Earlier this year, in an effort to circumvent the City of Malibu’s authority, the school district took the unusual step of passing a resolution exempting MHS from the city’s authority in this issue. The decision to appeal or legally challenge the commission’s decision now rests with the school district, not the city.
City Councilmember Pamela Conley Ulich, who at a later point in the meeting read the section from the City of Malibu’s General Plan pertaining to the city’s commitment to preventing urbanization and preserving Malibu’s rural character, told those attending the meeting that she would investigate removing the institutional lighting prohibition from the LCP.

CCC Gives Green Light to Conservancy Camping Plans.

• No Local Opposition Attended Meeting Despite Earlier Loud Protests

BY SUZANNE GULDIMANN


The California Coastal Commission, at its meeting on Oct. 8 in Oceanside, voted to adopt revised findings in a plan to incorporate camping at the Santa Monica Mountains Conservancy’s Malibu Bluffs Park Open Space as part of SMMC’s proposed Malibu Local Coastal Program Amendment.
The City of Malibu attempted, unsuccessfully, to challenge the plan in court and earlier hearings met with opposition from Malibu residents concerned that public camp grounds would increase the potential for fire danger in area canyons.
There was no opposition to the proposed revision during public comment at the Oceanside meeting, and the coastal agency received only two letters opposing the revision—one from the City of Malibu, the other from the Ramirez Preservation Fund.
At an earlier commission hearing on June 10 in Marina Del Rey, the commission reviewed an amendment request by the SMMC to “override” the City of Malibu’s Local Coastal Program and create a master plan, or overlay, for public park areas within the city, “adding policies and standards to enhance public access and recreation opportunities to and within existing parklands and recreation areas subject to the overlay,” according to the staff report.
During public comment at the earlier meeting, Malibu Bluffs Park, an 84-acre open space parcel adjacent to the City of Malibu’s Bluffs Park, overlooking the ocean on the bluff above Malibu Road, was suggested as a potential alternative location for campsites that are proposed for three SMMC properties in the Malibu area.
Joe Edmiston, the executive director of the SMMC, agreed that the area was appropriate for camping, but instead of adopting the suggestion to use the park as an alternative, he requested instead that the revisions incorporate camping at this location in addition to the camping for conservancy land in Ramirez, Escondido and Corral canyon parks.
A campground is also proposed for a small parcel of land in Latigo Canyon that is owned by the SMMC’s sister organization, the Mountains Recreation and Conservation Authority, although that plan is not mentioned in the commission report.
According to the staff report for last week’s meeting, “the overlay policies further identified specific actions necessary to implement improvements intended to enhance public access and recreation opportunities throughout the area.”
The plan includes creation of an interconnected system of parks, open space, trails, and habitats, as well as improving trailheads, signs, access and providing camping, including ADA facilities for disabled park visitors.
In an effort to allay fire fears, the SMMC has proposed a number of fire control regulations, including a cold camping designation that includes a prohibition on open fire of any kind, a ban on kerosene and white gas lanterns and on all cooking apparatus except for self-contained propane and flameless cook-stoves.
Fire protection apparatus would also be provided and maintained, including fire extinguishers, “a dependable water supply for fire protection at each proposed camp area,” and “A portable and air-powered quick attack firefighting system to be provided at each camp facility, according to the report. In addition, all parks included in the overlay would be closed during red flag days.
The revised amendment found “Malibu Bluffs Park to be a feasible location for the sorts of low impact development at issue in this amendment.” It concluded that “failure to approve an amendment designed to satisfy the needs at issue would adversely affect the public welfare.”
The commissioners evidently agreed, passing the revision unanimously, without comment.
The current conservancy plan includes a new parking area on Kanan Dume Road and three hike-in campsites in the meadow area at Ramirez Canyon Park; 13 campsites (12 standard and one ADA accessible) in Escondido Canyon Park; one ADA and four regular campsites at the MRCA Latigo property; 14 regular and two ADA campsites at the Corral Canyon Park; and 32 campsites at Bluffs Park, including four tent cabins and six ADA sites. The Bluffs Park plan currently also includes two entrances on PCH and three parking areas.
Although the overlay overrides the City of Malibu’s authority, public input will be part of the Environment Impact Report process and each portion of the plan must meet CEQA requirements.

Publisher’s Notebook

• Reining in the Rain in Malibu •

ANNE SOBLE


This week’s rainstorm rumbled in like an aged and overloaded freight train on Tuesday a little after 4 a.m. at my home in western Malibu. The volatile weather front audibly clashed with the air in the upper atmosphere and the Pacific-driven front won out, slowly but steadily bringing with it the first rainfall experienced in what seems like an eternity to most Malibuites.
Even if this wasn’t the third year of a major drought, the earliest October storm in a half-century brought welcome relief to the parched local terrain. Still, no one in Malibu could help but greet the rain’s arrival with conflicted feelings because of the knowledge that if the rainfall is too intense for too long, homes and lives in the recent wildfire zones are in jeopardy.
Those of us who were in the same position after the 1993 fires know what this means all too well. Outstanding firefighters used acreage behind my corrals for backfires that saved the barns and other structures but stripped the area clean. That coupled with the denuded terrain in the watershed above meant that when the first rains came, the creek became a raging river that ripped up creek crossings, foliage, irrigation lines and anything else along the banks that got in its way.
Whole trees navigated out to sea. Huge boulders leapfrogged in the churning waters. A momentary fear that a curious dog had gotten too close to the water’s edge and been swept away proved unfounded, but the experience was still such that the dog remained forever wary of running groundwater, even when the creek returned to its normal meandering self.
Even without a recent denuding of our own hillsides, Malibuites are reminded that these earliest rains will loosen canyon wall rocks and root systems and make local driving all the more hazardous. This calls for caution above and beyond what is usually required since many Southlanders seem unable or unwilling to alter their driving patterns when roads are slick.
Even before the heaviest downpours took place midweek, there were already close to 1000 rain-related traffic accidents in the county. If we all slow down, no one from Malibu will be included in these statistics. And remember to turn on headlights when windshield wipers are on—it’s state law. If we all can stay safe, the much needed rain will be welcomed rather than cursed as nature’s indifference to the human condition.

Search Widens as Mitrice Richardson’s Whereabouts Are Still a Mystery

• Family Changes Tone at Latest Rally at Lost Hills Sheriff’s Station—But Concerns Remain

BY ANNE SOBLE


The criticism of the release of 24-year-old Mitrice Richardson with no money, cell phone or known means of transportation from the Lost Hills Sheriff’s Station at 1:25 a.m. on Sept. 17 has not abated, but the latest rally by family and friends on the front steps of the station last Saturday focused on outreach to anyone who might have seen the missing woman, or has information that could lead to where she might now be.
Richardson had been booked on the misdemeanor count of nonpayment of an $89.51 dinner tab at Geoffrey’s restaurant, after its staff performed a citizen’s arrest and described her behavior as “crazy,” adding that she was speaking gibberish and stating that she came from Mars.
A second misdemeanor count of possession of less than an ounce of marijuana was added when her car in the restaurant’s parking lot was searched by deputies before being impounded.
Because of the release of a telephone tape of a 5:30 a.m. sighting that same morning of a woman matching Richardson’s description—African-American, five-foot-five, slight build—on foot in a backyard in the Cold Canyon area, there is a strong supposition that the woman survived the cold night clad in a T-shirt and jeans.
Whether she then, even though without any funds, might have been able to board the MTA 161 bus service that starts up in the area at 6:30 a.m. or hitched a ride is a possibility.
The City of Los Angeles Police Department detectives who are assigned to the case subscribe to this “sighting” theory. The lead LAPD detective on her case, Chuck Knolls said, “We believe she is out there somewhere, and we have a full-time effort to find her.”
Knolls indicated that there are regular briefings on the case and every lead, which has included reported sightings from Northern California to New Mexico, is followed up.
Knolls said that efforts to determine who Richardson contacted when she was given the use of a station telephone have proved unsuccessful. “We cannot determine who she called because of line problems [related to] dropped calls or other issues.”
He said papers and other items in Richardson’s impounded vehicle “did not provide any leads.”
Knolls indicated that there has been no activity on the missing woman’s checking account—which has substantial funds—or her credit cards.
At Saturday’s rally, Richardson’s father Michael also expressed the view that his daughter is alive, but may be unwilling to make her whereabouts known.
Speaking directly to his daughter, he said, “You may be scared, but you did nothing wrong. When you come back, we can fix this situation.”
Addressing people the missing woman “may be confiding in,” the father told them, “You’re doing more harm than good.” He said he knows people want to help her and described his daughter’s charismatic personality with “Mitrice could make the devil turn the heat down in hell.”
But there is still concern that the Los Angeles County Sheriff’s Department, which took her into custody and is still taking part of the search under the lead of the LAPD because Richardson is a Los Angeles resident, did not move quickly enough when she was reported missing.
Her father said the first week “was detectives in nice suits and reptile shoes talking to a few people.” He said it was 10 days before a major search involving 200 personnel and volunteers combed the rugged terrain of Calabasas and Malibu near Lost Hills.
Michael Richardson said the LASD exhibited “carelessness and irresponsibility” and deputies displayed “cockiness and arrogance.” He called for an outside investigation of the agency, saying the current in-house review that has been requested by the Los Angeles County Board of Supervisors doesn’t go far enough.
Although the family publicly downplays the issue of whether race might have been a factor in the handling of the case, some of Mitrice Richardson friends privately say they think otherwise.
Reluctant to allow attribution by the press, some of them think that the issues of race, gender and that Mitrice Richardson was openly gay could be relevant to the way she was treated by the LASD. They say that could also explain why she might have been reluctant to stay in a jail cell until morning—an option that was offered by the jailer who processed her release.
Speaking at the rally, LASD spokesperson Steve Whitmore said that it was this jailer, described by him as “a black woman,” with whom “[Richardson engaged in] a lucid conversation about music and other topics.”
Jailers are not sheriff’s deputies, but are officially described as professional or “non-sworn” staff.
Whitmore also used the rally to reiterate the sheriff’s department stance that it did everything according to official rules.
“This is America,” Whitmore said, “When a person asks to be released, they are released....she had been booked...showed no signs of impairment and was a 24-year-old adult.”
“If we had tried to hold her against her will, that would have been overdetention,” he added.
When asked about the slow agency response to the Cold Canyon sighting and questionable conversations between deputies and Richardson’s mother, Latice Sutton, Whitmore did not respond, then said, “The only thing that matters is her safe return.”
Asked a question about the woman having been released on foot in the desolate Lost Hills area, the LASD spokesperson said that if she had asked to be driven to her car “we would have,” but then he noted that “we’ve been disciplined for doing this.”
Sheriff’s department insistence to the contrary, Ronda Hampton, a clinical psychologist, in whose office Richardson did field placement while an honor student at Cal State Fullerton, told the Malibu Surfside News that the young woman was clearly under some form of stress.
Dr. Hampton said, “Mitrice’s appearance changed dramatically in a brief period of time.” She suddenly stopped straightening her hair, wearing an Afro, which some blacks might regard as more ethnic, but people who knew her said they almost didn’t recognize her.
Richardson was sending undecipherable text messages about nature and the universe, according to Hampton, and there were postings on social network sites she wouldn’t explain.
When told that Geoffrey’s staffers said Richardson told them she had no parents, Hampton said the young woman was very close to her mother.
Hampton is emphatic that there was ample information from the restaurant staff that indicated Richardson should have been held for professional evaluation. She said the deputies missed that something was wrong with her.
One of the LASD’s critics put it more bluntly, “This was just some black woman from the inner city...nobody [in the sheriff’s department] could care less about her.”
Information about Richardson can be directed to www.findmitrice.info or to: Michael Richardson at 310-283-4717, Ronda Hampton at 951-660-8031, or LAPD Detective Chuck Knolls at 213-485-2531.

Wednesday, October 07, 2009

Regional Water Board Hears Input on Proposed Septic Curbs

• Auditorium Is More Than Half Empty As Expectations of Major Turnout Prove Wrong

BY BILL KOENEKER


The most remarkable aspect of the Los Angeles Regional Water Quality Control Board’s workshop last Thursday night on a proposed septic prohibition in and around the Civic Center area is what did not happen.
Though the meeting was held at night to ensure the greatest attendance possible, that did not occur. Fewer people showed up than did for the the previous workshop held during the day.
RWQCB staff booked Pepperdine University’s Elkins Auditorium in anticipation of an overflow crowd that never showed.
The workshop was scheduled from 6 to 8 p.m. with the water board’s staff saying they could stay to 9 p.m. to answer more questions. However, the meeting only lasted a little more than an hour.
Once again, RWQCB spokesperson Wendy Phillips conducted the meting, giving an informational presentation about the ban and the reasons for it.
The prohibition’s boundaries include several residential neighborhoods, and the Civic Center area. Sweetwater Mesa has been excluded.
The residential enclaves consist of Serra Retreat, including the center, Malibu Colony, Malibu Road, Malibu Knolls and Winter Canyon. The ban is a prohibition of all septic tanks including advanced systems and also earmarks schools, churches and condos. The ban applies to all commercial, residential and public properties.
The RWQCB will meet on Nov. 5 to consider the ban, which would begin on all new construction immediately and go into effect in five years for existing septic and wastewater discharge systems; the only exception is zero discharge.
Phillips said the agency expects the city would have a sewer system or package plant ready for hook-ups.
The RWQCB staff and the city staff are in discussions about what would happen for development in the pipeline and expansion or remodeling projects within the five years.
The community meetings are considered an opportunity for the public to assist the board in its deliberations and provide the staff an opportunity to hear from the public.
City officials attempted to delay the meeting for several months as they compiled data from new studies particularly a USGS study, but to no avail.
Malibu Building Official Craig George represented the city at last week’s meeting and told attendees the city shared the visions of the state agency, but had different ideas of how to go about it.

Attorney for Mitrice Richardson’s Family Says LASD ‘Failed’ Her

• Plays Tapes on Air and Urges Public to Call Lost Hills Station and Restaurant to Complain

BY ANNE SOBLE


At a press conference last week on the steps of Los Angeles County Sheriff’s Department Headquarters downtown and a subsequent four-hour radio broadcast, the Los Angeles civil rights attorney hired by the family of missing Mitrice Richardson said the woman and her family were “failed” by the agency charged with protecting her once she was taken into custody
The 24-year-old Richardson, an honors college graduate preparing to begin teaching and advanced studies, disappeared mysteriously after being released alone and on foot with no money from the Lost Hills Sheriff’s Station about 1:25 a.m. on Thursday, Sept. 17.
“There’s a reason it’s called Lost Hills,” attorney and radio personality Leo Terrell said, describing the isolated industrial park area that the young woman was escorted out into from the side gate of the station and has not been heard from since.
Richardson had been booked and released from Lost Hills after being placed under citizens arrest by personnel at Geoffrey’s restaurant in Malibu over an unpaid dinner bill of $89.51.
According to the tape of a telephone call made from Geoffrey’s that was obtained by Terrell, a woman tells Lost Hills that “a guest is refusing to pay her [bill], she sounds real crazy..like she’s on drugs....or something... come by and pick her up.”
The attorney and family members confirmed reports that when Richardson was at the restaurant, she was speaking gibberish to staff and patrons. She reportedly told people she was from Mars and was avenging Michael Jackson’s death.
The young woman’s mother, Latice Sutton, speaking at the two events, said, “My daughter was in a crisis state...she was calling out for help...” Sutton said Richardson’s recent change of appearance and peculiar behavior indicate possible mental issues that were allegedly ignored by responding deputies.
Terrell said the “clue in the phone call should have been the word crazy,” and instead of being taken to a jail cell, he said Richardson should have been written up as a “5150,” an involuntary psychiatric hold, and taken to a medical facility for observation.
During the radio broadcast, the attorney ripped into the restaurant‘s handling of the situation, especially Geoffrey’s refusal to allow Richardson’s great-grandmother to pay the tab over the telephone with a credit card, preferring to press a charge of defrauding an innkeeper.
Terrell told the program’s listeners, “Don’t go to Geoffrey’s any more.” He urged people to call the restaurant and voice their disapproval, which a check with the establishment indicated was indeed happening throughout the evening.
A staffer told the Malibu Surfside News that Geoffrey’s received “quite a few calls... many of which were angry...and verbally abusive.”
Terrell saved the brunt of his criticism for the Los Angeles County Sheriff's Department and, to a lesser degree, the City of Los Angeles Police Department, saying, “There’s no question in my mind that there’s a tremendous cover-up going on here.”
He slammed sheriff’s deputies with open-ended charges of indifference, incompetence and misrepresentation, alleging that “records are falsified” to avoid responsibility for the role these “major players” had in the disappearance of Mitrice Richardson.
He hammered away at an LASD supplemental report that he describes as having questionable content that might have been contrived after the fact or to suit changed circumstances.
For its part, the LAPD, Terrell said, isn’t doing enough to find Richardson and still hasn’t traced her last phone calls yet. He chidingly asks, “Are [they] protecting the sheriff’s department?”
The attorney said he—and the media as well—encountered stonewalling in efforts to obtain copies of reports, tape transcripts and other materials from the sheriff’s department.
Terrell said that it wasn’t until Sheriff Leroy Baca intervened that the attorney was able to get copies of reports and copies of tapes of telephone calls related to the case. He said, “We had to fight to get these tapes.”
The attorney played the tapes several times during the four-hour broadcast last Thursday that was devoted to Richardson’s disappearance, repeatedly noting that the deputies were either being “ignorant...misinformed...or just not doing their job.”
Richardson’s mother has acknowledged that she should have headed directly to the Lost Hills Station when she was contacted by the great-grandmother, instead of thinking that she was being kept informed of what was happening with her daughter by making frequent telephone calls to the station.
The tapes of calls made by Sutton to Lost Hills are interpreted by Terrell to show the disconnect between the deputies and an increasingly concerned mother. The deputies, given the relative calm of Lost Hills compared to a bustling city station, appear unaware of what is going on at the facility and seem unwilling to exert themselves to get answers to the mother’s questions.
The first serious miscommunication was when a deputy assured Sutton, “You don’t have to worry about [your daughter’s] safety.” He told her that someone will “call you as soon as she comes in here.” No one ever phoned her.
Sutton then called again and was told that, after booking, Richardson might “be released in the morning,” but she didn’t know that morning might mean sometime after midnight.
Richardson was released on a cold night with no jacket, no money, and no form of transportation, in an area that was dark and desolate.
During the mother’s next call to Lost Hills, she learns that her daughter had been released several hours earlier, and she is worried. She asks about filing a missing person report, and is told it’s too soon to do so, which Terrell called a “classic example of negligence and stupidity” in that the deputy didn’t know the “proper procedures on this...and [he] should be fired.”
The deputy told Sutton that Richardson might have caught a nearby bus even though MTA Bus 161, which serves the surrounding area, does not run between 8 p.m. and 6 a.m. Still he intones, “I don’t suspect that anything—ummmm—bad happened.”
Later that morning, around 6:30 a.m., a “prowler-in-a-backyard” call came in from an address in nearby Calabasas and the deputy that took that doesn’t come off much better. He sounds indifferent to a report of a woman matching Richardson’s description wandering about, although one might think that the deputies at the station would have been aware by that time that her whereabouts were unknown because of the mother’s concern. Terrell said no one followed up on this call for several hours.
Despite the barrage of criticism of the authorities, Terrell expressed appreciation to the residents of Malibu. Terrell said, “The people of Malibu, you’ve been outstanding, keep pressure on the [the authorities] to find Mitrice... People who were at Geoffrey’s, step forward and share what your remember.”
Anyone with information can go to www.findmatrice. info, or contact the attorney at 323-655-6909. There is a $10,000 reward for information leading to her location.
Meanwhile, field searches continue regularly on a random basis as concern mounts. The Santa Monica Mountains have swallowed up whole vehicles, and it has been several years before they were found.
Mitrice Richardson was a lone woman on foot at night in an area where she might be vulnerable to two-and four-footed predators.
No one seems to know where she is, and, as each day passes by, many wonder if they ever will.

Council Opts to Create Its Own View Protection Measure

• Task Force Snub

BY BILL KOENEKER


The Malibu City Council last week unanimously agreed to send the work product of the View Protection Task Force to the council’s own Zoning Ordinance Revisions and Code Enforcement Subcommittee for consideration and recommendations.
The council had charged the task force with vetting the wishes of the voters, which by an overwhelming majority in the last municipal election supported an advisory measure to urge the council to consider a view protection ordinance.
The task force came up with an ordinance modeled after the Rancho Palos Verdes law considered by many to be successful and court tested.
The council decided it would create its own law using the information provided by the task force and offered tips on what they want to see in such a measure.
Councilmember Sharon Barovsky said she was concerned about the California Environmental Quality Act procedures.
“We are talking about cutting down forests. We can’t do it in one [document] properly. There is a lot of conflicting testimony,” said Barovsky, who indicated since her father had lived on Point Dume she was very sympathetic to view protection issues.
Barovsky was referring to differing testimony made during public comments that night and the minority report, which is critical of the task force majority’s proposed ordinance.
“I agree with Sharon, but I have overriding concerns,” said Councilmember Pamela Conley Ulich, who said her concerns were based on some of the information the council had just gotten.
“I don’t want the taxpayers to pay,” she added. “In Rancho Palos Verdes, they have spent $324,000 on their view protection. If we take it up with ZORACES, I want them to consider cost. I’d rather see the money in other programs. Do not emulate the RVP ordinance,” she said.
Conley Ulich also wanted to know how the city would go about determining restoration criteria, since the city has only been incorporated sine 1991.
City Attorney Christi Hogin said the city could establish rules about restoration if it serves a government purpose. “It is an important sticky point. The ordinance would have to explain that,” she added.
Conley Ulich talked about how the city currently has a landscaping plan and how that might fit into any proposed ordinance.
Hogin said that is where some of the frustration has come from. The city has laws to prevent the obstruction of views for new building. But there are some people whose views are being obstructed and they can’t do anything about it since it does not involve any new construction. “That does not seem fair to some people. Some are regulated and some are not,” the city attorney explained. Conley Ulich said she had been led to believe there had not been much public input. She also said another concern of hers is how arbitration is used.
Councilmember John Sibert, who sits on ZORACES, said council members have what they asked for. “We asked the task force for public input. We asked for a minority report. But the ordinance has to be written by the city balancing the views and property rights with fiduciary responsibility. Those are the things we have to do,” he said.
Councilmember Jefferson Wagner, who also sits on the ZORACES panel, said he had been on the council subcommittee since elected, had been helped by previous committee member Conley Ulich, and now had a sense of how to run things. “It is less formal. I don’t have a gavel, but I have a fist,” he quipped.
Earlier in the evening, the council heard from some task force members and critics of the task force majority. Other homeowners had come to urge the council to enact a view protection ordinance.

Meeting to Address Conservancy Camping Plans Focuses on Concern in Latigo Area

• Opponents that Packed Malibu City Hall Didn’t Make Trek to Palisades

BY SUZANNE GULDIMANN


A public scoping session for the proposed Santa Monica Mountains Conservancy Malibu Parks Public Access Enhancement Plan that includes hiking trail improvements and camping facilities at five conservancy properties in Malibu was anticipated to be hotly contentious and packed with plan protesters.
Instead, it attracted instead less than a dozen members of the public, most of them Latigo Canyon residents, who were there to express concerns about a proposed campsite and parking lot on a 2.4 acre parcel owned by the Mountains Recreation and Conservation Authority that is located approximately a mile up the canyon road.
The controversial Latigo campground would consist of five public campsites, one camp host site, restrooms, a 10-car parking lot and a 10,000-gallon water tank on land that area residents say is not buildable due to an active landslide.
“I only found out about [this meeting] a couple of days ago,” Michael Strange, whose property is adjacent to the conservancy land in Latigo, told the panel of SMMC representatives and project consultants, questioning the conservancy’s assertion that over 1000 notices were mailed by a company that provided a list of property owners.
“I was burnt out in 2007,” Strange said. “If I had known what would be happening next door I wouldn’t have rebuilt. I cannot ask intelligent questions or respond. There was not enough time [to review the conservancy plans].
“I’m in favor of public access,” Strange continued. “Public access is very important, however, that does not mean you do campsites in irresponsible locations. Where you will put the parking lot is [on] a landslide. The Latigo Canyon campsites are 60 feet away from Latigo Canyon Road. The parking lot is 20 feet higher than the camps. Three of the camps are in an ESHA, less than 50 feet from the stream. Camping in the blueline [stream] and parking on a landslide makes no sense.”
Another neighbor of the MRCA property, who shares the only easement in or out of the two lots, expressed concern that conservancy plans would block access to his land. “There are street guidelines,” he said. “I’m curious how the SMMC got around that.”
Dixie Moore, who has owned property in Latigo since 1960, rallied most of the residents who attended the meeting. “I was the only one who was notified,” Moore told the panel.
Moore said she has survived seven wildfires. “The fire danger is so extreme,” she said. “If a fire starts [at the proposed campsite], forget the people who live on the old road, or on Corral. I’m the only house up here. You are putting my life in danger. There were four houses when I built. They burned in 1970.”
Moore also took exception to one of the project’s proposed trails, which she says is located on her property.
“That’s my driveway,” she told the panel. “It’s been posted private property since 1960. “Over my dead body are you coming over my driveway. I’m putting you on notice, if I ever see anyone up on my driveway, they will be arrested,” she said.
A resident of nearby Murphy Way also expressed anger at a conservancy plan to construct a trail across what he said was private, not public, land. “How are you going to study the environmental impact, if I don’t want you on my property?” he asked.
Local activist Patt Healy, representing her organization the Malibu Coalition for Slow Growth, spoke out against the plan to incorporate camping in other Conservancy properties in Malibu, including SMMC’s Bluff Park Open Space property.
“We are for trails, but fire danger is very real.” Healy said. “The Bluffs Park fire reached the coast in minutes. The City of Malibu is building a park at Trancas without camping and their EIR said fire danger would be increased.”
“I think our greatest concern is fire risk,” Corral Canyon resident Michael Novotny said, expressing surprise that the meeting was held in Pacific Palisades, rather than Malibu.
“You’re getting resistance because of camping. We’ve all experienced [fire] and we don’t want to go through it again,” he said.
Troy White, a representative of Dudek and Associates, the firm handling the engineering and environmental plans for the SMMC project, assured speakers that their concerns would be addressed during the Environmental Impact Report process and that all comments would be included in the report.
He also stated that there would be more opportunity for public input as the project moves forward. The current plans are available at: smmc.ca.gov

Lumber Yard Developers Gets Interest-Free Bailout from ‘Partner’

• City Sees No Alternative to Giving the Controversial Complex a Helping Hand

BY BILL KOENEKER


Despite howls of protest, the Malibu City Council last week unanimously approved a bailout plan for the developers of the Malibu Lumber Yard complex, which is owned by the city.
Though semantics had a role to play in how municipal officials described the first amendment to the lease agreement, the facts remain the same. About $1.5 million in payments is being deferred for up to 15 years with no interest charge.
Some critics said the deferral was not in the best interest of the taxpayers, while some council members insisted it was to the city’s advantage to give Malibu Lumber LLC, partners Richard Weintraub and Richard Sperber a break during the still lingering economic downturn.
The council did extract its own price, requiring that if the city requested it, Malibu Lumber LLC would need to treat wastewater generated by a reasonable use of the animal hospital site. Staff said since it was already in progress, the language was not needed, but council members wanted the matter in writing.
The original terms of the agreement provide the city with a rental income stream of $925,000 a year in base rent. The base rent amount increases every five years by five percent for 54 years. The city additionally receives what is called the participation rent equal to 30 percent of the amount by which site rents exceed $2.26 million a year.
The amendment would defer payment of the participation rental payments. The total cumulative rent deferral is $1.5 million. The rent deferral starts in Jan. 2010 and Malibu Lumber LLC has until 2025 to pay back the deferral.
John Mazza, who is a planning commissioner, said the city was losing because it was not charging interest. “The actual cost to the city is over $800,943. No interest is received,” he said.
In his memo to city officials that was answered by one of the city’s consultants, Mazza also contended the city has unfunded needs greater than the developers and that the LLC was still going to make money, but maybe not at an 18 percent return.
Alan Kotin, who worked for the city putting together the original lease agreement, said it was not appropriate to call the deferral a loan since no money was actually being paid out.
The consultant said the help to the developers was based on the increased costs incurred. “The intention is to create relief. Yes, they will make money,” said Kotin.
Both the city and the developer cited the high cost of the advanced wastewater treatment plant and the downturn in the economy, which has slowed the leasing of the site.
Council members had been told by the staff that the complications from the construction of the shopping mall, especially the extra expense and delays incurred because of the permitting process with the Los Angeles Regional Water Quality Control Board, construction costs and the downturn of the economy had all contributed to higher costs than anticipated.
Malibu resident Mike Sidley called the action a gift of public funds. “There are always risks for developers. Those are his risks. I believe it is an illegal gift,” he said.
Malibu Realtor Paul Speigel said he had not heard anything to convince him it was in the city’s best interests.
Council members went on to defend their action, saying the city is a partner with Malibu Lumber LLC.
Councilmember Pamela Conley Ulich cited the history of the partnership and how the city came out on top when it insisted and got what it wanted in the form of extra rent payments called extraordinary rents. “These people are locals,” she added.
Councilmember Jefferson Wagner said he had a third party look at the agreement, a broker in the San Fernando Valley, and used his advice as a way to measure what was being done.
Privately, some real estate brokers were slack jawed at the amendment, contending they had never seen anything like in the business world.
One expert said he had never seen such a complicated agreement or arrangement. “I’m not even sure I understand all of it myself and I have seen lots of these agreements,” he said.
The public-private enterprise is being watched closely from near and afar given it is one of the first new retail developments in Malibu, and it is using a marketing strategy of celebrity driven publicity rather than advertising, the success of which is still being measured.

Board of Education Votes to Revise 20-Year-Old District Homework Policy

• Parents Request More Involvement in the Planning Process and Lighter Work Loads for Their Children

BY SUZANNE GULDIMANN


Revisions to the Santa Monica Malibu Unified School District’s 20-year-old homework policy were approved by the board of education when it met in Malibu, on Oct. 1. The changes are unlikely to be greeted with enthusiasm by K-9 students, since the revised guidelines recommend an increase in the daily amount of homework. District teachers have also expressed a lack of en-thusiasm for the plan, although the teachers union did not officially oppose the policy change.
According to the staff report, district parents have for years complained that their children receive excessive homework assignments. The changes, which school officials say will provide better communication between teachers, parents and administrators, come after a year of ad hoc committee discussion and review of the existing policy.
Although some parents have complained that the new plan will increase the time problem, others have stated that the new timeline is necessary. Several speakers expressed concern that the revised policy did not include enough oppor-tunity for parent input.
“Parents need to be involved,” Debbie Bernstein, a parent, teacher and former Malibu resident, told the board. “This started over a year ago. We need this policy. Our children still need time to sleep...our kids need a timeline. We’re here to protect our kids.”
Parent Claudia Landis described the change in her child as he struggled with an overload of course work. She advocated for input from parents. “We know the things that are happening to our children,” she said, asking where the research is that supports increasing homework beyond the levels recommended by senior staff.
For first graders, the new plan means a maximum of 20 minutes of homework a day, or 80 a week, up from 10-20 minutes a day. The other elementary and middle school grades will also increase 10 minutes per day, for a maximum of 80 minutes per day in grade 8.
The board could not agree on high school time limits, since many students opt to take honors and AP classes that already have heavier homework requirements, and others participate in music, sports or arts programs that made quantifying homework minutes difficult. The board decided instead to allow high schools to develop site plans.
“I think [the policy] is flawed,” board member Kelly Pye stated. “I don’t think there is justification in assigning minutes [in high school].
Board president Ralph Mechur concurred. “It really doesn’t make sense to have a policy, which we knew a large percent of students were basically not going to be able to follow because of their choice of academic classes.” He added that a minutes policy at the high school level would be, in his opinion, “routinely ignored.”
Board member Oscar de la Torre, abstained from the vote, stating that, in his view, the policy require additional input from teachers. The board passed the policy with three votes. Board members Maria Leon-Vazquez and Jose Escarce were not present.
Earlier in the meeting, board vice president Barry Snell tentatively asked the board to consider adding a discussion item at the next board meeting to study removing the controversial Malibu High School permanent field lighting proposal from the district’s Measure BB improvement plan. The lights are an add alternative that can only be funded if money is available after core projects are completed. The permanent lighting plan has received extensive criticism from west Malibu residents.
On Oct. 8, the California Coastal Commission is hearing an amendment request by the district to permit temporary field lighting at the Malibu campus for a limited number of football games and practices. Athletic field lighting was prohibited on the campus as part of a 2000 Coastal Development Permit. The School has operated lighting in violation of the CDP for several years, and is now attempting to obtain a permit.
The coastal agency’s staff has indicated that the district failed to inform them that a permanent lighting plan was under consideration.
District superintendent Tim Cuneo told the board that a group of students and parents were planning to speak in support of the temporary lights at the commission meeting in Oceanside.
In other district news, the date for the district’s Special Education Fall Forum will take place on Oct. 24, from 8 a.m. to noon at John Adams Middle School in Santa Monica.