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Malibu teen volunteer travels to Guatemala with MUSE School and Mending Kids

Axel Polito also helps developmentally disabled youth learn to surf in Malibu and Lakota youth in South Dakota

By Barbara Burke

Special to The Malibu Times

From the shores of our panoramic Pacific in Malibu, to volunteering at the Cheyenne River Youth Project in South Dakota to help Lakota youth, to supporting small patients facing big surgeries in Guatemala, Malibu’s Axel Polito, 14, lives a life of service, caring, and sharing, and he revels in helping others. 

“Axel is my hero! I admire his fortitude as I’ve seen him come up against every obstacle and get beyond it,” Tim Hazelip, president of the Mighty Underdogs, said about Polito and his volunteering. “Axel is precious — he’s my favorite person in Malibu!”

MUD is a group of dedicated surfers who understand the healing power of surf therapy and of the ocean.

“I’ve helped a couple of little ones to get used to the water,” Polito said. “One of the kids who I helped refused to get in the water, but after a while, I finally got her in with a promise of orange chicken. All the kids are super fun there and no matter if they fall once or twice, they just get back on and then want you to take them back out.” 

As he discusses the benefits to volunteering, school and his future, Polito is unassuming and engaging. Clearly very intelligent, he carefully deliberates before he speaks, and he analyzes issues with a maturity and global perspective that far exceeds his years. Polito simply likes to help others. In a phrase, he feels called to do so. And, importantly and impactfully, he does so joyfully. 

“I think that volunteering can open a new lens into other people’s lives and hardships,” Polito said. “My mom and dad always drive the point home that whenever you can, leave something better than when you first found it. MUSE, the school I go to, also provides great input with regard to how I view volunteering.” 

Most recently, Polito and other MUSE students, chaperoned by human rights teacher Jeffrey Martin, traveled to Guatemala with Mending Kids, a local organization that provides free life-saving surgical care to sick children worldwide by deploying volunteer medical teams and supporting communities to become medically self-sustaining.

“My experience in Guatemala was like no other,” Polito said. “Seeing all those different kids with conditions and playing with them was cool in and of itself, because, when you do something like that, you notice how similar everyone is in the grand scheme of things. 

“Also, after playing with some of the kids, and then going into the surgery rooms and seeing the same kids getting a tumor cut out or a tumor sucked out from their mouths, it really drives home how we are all the same inside and outside and that no matter how big or small you are, good things can happen for you.”

As with any cross-cultural exchange, especially when such a trip is one’s first international trip, there were small hiccups, most notably that Polito is not Spanish-fluent and the kids he worked with in Guatemala and their parents did not speak English. That was not a communication barrier for long. Soon, Polito learned that people find other ways to communicate.

“All the kids and parents were super welcoming and we drew with the kids and made pipe cleaner animals,” He said. “I became proficient in making bears and hearts.”

Clearly, Polito’s big, giving heart has endeared him to Hazelip and Martin, his mentors regarding volunteering.

“Axel has the heart of a lion!” Hazelip said. “He’s a great asset to MUD.” 

Agreeing, Martin notes that MUSE’s service learning trips have shown that Polito is ingrained with the gifts of empathy and patience.

“Axel is one of those quiet people who is a steady force and he’s very easy to travel with because he’s flexible,” Martin said. “Moreover, on our pediatric ENT mission to Guatemala, he displayed a careful patience when playing with the patients and their siblings. He worked with them tirelessly — he never took breaks, and the Guatemalan children were drawn to him.”

Polito also enjoyed helping with the Cheyenne River Youth Project, a South Dakota-based organization dedicated to helping Lakota youth. 

“At the Cheyenne River Youth Project we help with their community center.” Polito explained. 

Specifically, the MUSE student volunteers worked hard at the center, under the careful eyes of Martin and with guidance from project Executive Director Julie Garreau — whom Martin says has done wonders in Eagle Butte, South Dakota, to serve Lakota youth and their families. 

Every evening when students are on volunteer travel, Martin sends parents an update. An example letter for the South Dakota trip was entitled, “Day #4-Taking Initiative, Contributing and Taking Care of each other!” The list of tasks were vast, including working all day and getting ready for time with the younger kids who come for the afternoon program and meal. The parents’ letter informed that “Volunteers packed shampoo, soap and body lotions, made a board game for the afternoon time and arranged for prizes, cleaned rust and gunk off pans, cleaned bison blood out of a large freezer,” and they prepared for Taco Tuesday. Such rudimentary tasks teach volunteers the value of giving to others and of having a greater perspective beyond their own community. Such opportunities empower students to support one another while pursuing a common goal, as well as to gain the skill sets to make sure that they tend to their own needs, while all the while helping others meet their needs.

“Axel is an example of what the program is all about,” Martin said. “Students return from our service trips with a little more maturity and a new appreciation for all of their educational opportunities.”

When asked what his long term goals are, Polito responds, “During adult life, I would love to keep helping anyone that needs it, no matter how big or small the community is. Every Summer, I work at MUD so I think that continuing that for a while would be amazing.”

What else is possibly on the horizon for Polito? 

“After high school, I’m hoping to get into a good college like Yale and get a master’s degree in engineering,” He said, adding, “If I get that far, then I hope to get a job in either computer generated imagery or aerospace engineering.  I also would love to get into something like neurosurgery as that is something I’ve wanted to do since I went to Guatemala.”

Letter to the Editor: Broad Beach 

Dear Editor,

What is the status of sand replacement on Broad Beach? Having lived on Carbon Beach for a span of 16 years, I had a front-row seat to the gradual disappearance of a once thriving shoreline located approximately a quarter mile south of the pier. Despite the passage of time, the beach hasn’t resurfaced as it once was. Instead, it seems to have transformed into a perpetually “wet” area. This evolution raises questions about the effectiveness of previous mitigation efforts and the long-term sustainability of the coastline in the face of natural influences.

Bill Keldsen, Ex-Malibu 

Remembering and honoring Matt Rapf

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Hundreds attend paddle out at First Point before celebrating his life in an SRO memorial service

By Barbara Burke 

Special to The Malibu Times

“Matt always loved the rain and he loved going down to the ocean when it rained,” a tearful, grieving, shocked Jill Rapf said days after unexpectedly losing her wonderful husband and best friend, Matt Rapf, 61. Rapf died suddenly of a heart attack on Feb. 4, while paddling out at Zuma Beach in honor of Lyon Herron. When his family, friends, and our community lost Rapf, he was surrounded by his tribe as he transitioned in his absolute favorite place — the ocean.

So, it was fitting that on April 13, a dreary Malibu morning with rain impending, Rapf was again surrounded by his tribe of hundreds of friends and family who gathered to honor him with a paddle out at First Point, the very place that he grew up and made many friends and memories.

“How can he be gone?” a devastated Jill posted a few days after Matt passed, juxtaposing her post with the image of a brawny, smiling Matt in the ocean, the very picture of health and optimism, the image of him that many Malibuites will always recall.

“It was an epic paddle out in Matt’s honor,” Skylar Peak said. “He loved the rain piercing the ocean’s surface and our hills above beautiful Malibu.”

Andy Lyon, Rapf’s childhood friend, agreed: “The paddle out was amazing. We really lucked out because the forecast was for horrible weather and that freed up the whole beach and everyone could park.”

First Point was where Lyon and Rapf surfed for decades, Lyon noted, adding, “We could see Matt’s house from the paddle-out circle which was about a quarter of a mile from where he first surfed.”

Touchingly, Lyon recounted, “I was honored to take Matt’s ashes out on a big board with a wreath of leis.  I took him on his last go out and took him around the circle so everyone could see and honor him. Jill was able to spread his ashes and it was beautiful.”

Another of Rapf’s friends, Greg Beaton, described the entourage’s energy as family and friends embraced one another within the circle of love, honor and remembrance. “This is what surfing is all about – Having your friends around you, energy from the ocean and conversations that are as deep as the ocean,” he said.

Matt loved us and we loved him back. 

After the paddle out, those celebrating Rapf’s life proceeded to Malibu Gathering Church, where attendees honored him further, recalling how he befriended and helped so many in the community, his sometimes dark sense of humor, and his love of family.

“The memorial service was cathartic, emotional, and moving, and everyone felt Matt there with us,” Jill Rapf said. “It was not just somber or emotional because there was so much joy in it and the standing-room-only gathering was such proof of Matt’s life well lived and that he had touched so many people — there was such a great community response and it was a melding of all those who knew him, including people who he grew up with, who he surfed with, his real estate community, and his recovery community.”

Pastor Brian Kelly recalled how giving Rapf was, noting that just last December, he and five other dads took a trip to the Dominican Republic to learn about how Mission of Hope is helping Haitian children. 

“Matt was part of the Gathering Church for the last 15 years and God’s grace changed Matt’s life,” Kelly said. “Matt knew how important it was to remember that what changes your life is knowing that despite being more flawed than you know, God loves you more than you know. Matt was a great example of how God helps you be a better person, husband, father, and friend.” 

Tracy Stoker, who grew up with Rapf and attended church with him, shared, “I had the opportunity of watching Matt from the age of 10 through his teenage years and as a 20-to-30-year-old, and then, the transitions he made as he matured into life and its limits.” 

Barry Kearson, Rapf’s Alcoholics Anonymous sponsor, spoke of his giving nature: “Matt was generous, sometimes to a fault, and he was a caring human being who did so many things for people struggling with alcohol and addiction — our sponsor-sponsee relationship was very intimate and like many who are grieving his loss, I still cannot believe that he is gone.”

Dale Rhodes also spoke about Rapf’s sobriety journey and his extensions of deep friendship.

“I have known Matt since we were 18 years old,” Rhodes said. “I was a competitive surfer, a kid from the valley who sometimes clashed with local surfers back in the ’80s, but Matt and I became friends and ultimately, he has been my AA sponsor for the last 10 years.”

There were so many sharing reflections about Rapf’s friendship connections.

“Matt loved us and we loved him back,” Jill Rapf said.  

Beaton shared, “Matt lived his life with passion and expression with family first and service above self inside and out of Alcoholics Anonymous.”  

“At the end of his life, the life none of us knew would be cut so short, Matt was truly a beautiful soul who loved his family foremost and his community of Malibu, and especially, his church family,” Stoker said. “His legacy lives on through his sweet wife, Jill, who continues to embody the love and devotion that Matt held dear.”

Jill Rapf and Lyon both commented that at the end of the day after the memorial, the rain subsided and a double rainbow emerged right where the paddle out had been and there were other rainbows as well, all seemingly helping to ensure that Matt Rapf would want those grieving him to also feel and share joy.

And now, as the Rapf family and Matt’s friends carry on in life, they are embraced by his tribe, buoyed by his love, and they will always honor him. 

“Matt was a kind man — a family man,” Peak said. “His honorable soul left us too early — Malibu is a better place because of him — Long live Matt Rapf!”

City holds sea level rise workshop

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Coastal vulnerability discussed; another workshop on Zoom scheduled for Tuesday, April 30 

The City of Malibu is taking steps to plan for predicted sea level rise and mitigate potential associated coastal erosion with a Coastal Vulnerability Assessment (CVA) and series of public workshops. Concerned residents and developers attended the second meeting held April 18 at Malibu City Hall. A summary packed with information was presented and then the public was invited to share concerns that will be incorporated into a final report.

A public survey of 76 respondents revealed 67 percent live along Malibu’s coast. A majority of respondents said they enjoyed beach activities such as surfing, walking along the beach, ocean swimming, and wave watching. However, 76 percent said they thought sea level rise and coastal erosion are issues in Malibu and cited loss of sand, increased erosion, rising tides, and wave runup, that they would like to see addressed.

Adaptation measures that could be taken include artificial reefs, submerged rock breakwaters, edging, dredging, revetment, dam removal, and beach dune and lagoon restoration. 

The city’s Environmental Sustainability Director Yolanda Bundy reiterated, “A majority of the survey responders have stated that they are seeing changes along Malibu coastline. This is possibly due to sea level rise, coastal erosion, sea water flooding, and other coastal hazards and are interested in what can be done to mitigate the effects of sea level rise.” 

Some local areas have been identified by Los Angeles County Department of Beaches and Harbors as possible targets for adaptation measures. Zuma Beach and Point Dume were singled out as coastal areas that could benefit from adaptation plans. Mitigation could include beach nourishment, living shorelines such as dunes and other measures to increase the resilience of the county beaches and public amenities. According to the CVA, Caltrans is also prioritizing sea level rise and climate change adaptation efforts for roadways throughout the state. Caltrans District 7, which covers Malibu, designated high priority for adaptation assessments for several bridges, small culverts, and roadway segments in Malibu for individual adaptation assessments. 

Coastal engineer James Jackson of Environmental Science Associates (ESA) addressed the meeting, saying the CVA “evaluates coastal hazards, existing conditions, future sea level rise” including flooding and erosion. It’s predicted that sea level rise will impact critical infrastructure, including wastewater treatment and the Pacific Coast Highway. 

ESA predicts 2.5 feet of sea level rise to occur between 2070-75. It gets worse with a projected 6.6 feet rise by 2100-30. 

“Sea level rise science is ever-changing and evolving as the scientific community understands and models the effects of sea level rise,” Jackson explained. “These projections are precautionary by design … It’s important for communities to plan ahead.”

Jackson stated low-lying areas are subject to coastal storm flooding and tidal inundation, which makes PCH vulnerable “as you can observe a number of reaches of the highway that are armored with revetment.” He added a sobering prediction: “Beaches in Malibu are primarily narrow under existing conditions. Five percent of the coast has little to no beach in high tides. If sea level rises by 2.5 feet, over 40 percent of the coast could be without a beach and nearly 80 percent of the coast could be without a dry sand beach with 6.6 sea level rise.”

Community input is sought before the Coastal Vulnerability Assessment is finalized.

Another public workshop on Zoom will be held on Tuesday, April 30, at 3 p.m. to provide your feedback and discuss the next steps on the projected impacts of sea level rise. Visit the virtual link to access the meeting. A recording of the first virtual workshop presenting technical results is available at Virtual Workshop Recording. Access the draft Coastal Vulnerability Assessment report, interactive GIS map, and additional information on the Malibu Coastal webpage (malibucity.org/859/Coastal). For inquiries, call (310) 456-2489, ext. 390, or email mbuilding@malibucity.org.

Malibu’s Dick Van Dyke earns historic Daytime Emmy nomination

Malibu’s Dick Van Dyke has made history as the oldest performer to win a Daytime Emmy Award nomination. 

The legendary actor and entertainer was nominated Friday for his guest performance on the Peacock network soap opera “Days of Our Lives.” The 98-year-old Van Dyke portrayed an amnesiac in a four-part plot line on the daytime drama series last September. Van Dyke becomes the oldest-ever Daytime Emmy nominee. 

The late producer Norman Lear, at age 100, was the oldest person to receive a Primetime Emmy nod in 2022. The legendary Van Dyke has already earned five Primetime Emmys. Three were won for his 1960s classic TV sitcom “The Dick Van Dyke Show.” The entertainment icon has also won a prestigious Tony, Grammy, and Kennedy Center Honor. The Emmys telecast will be held June 7.

Pepperdine tennis teams capture WCC titles

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The men’s and women’s squads were a combined 13-1 in conference matches 

The Pepperdine men’s and women’s tennis squads are both champions of the West Coast Conference. 

The Waves women’s team capped an undefeated season in the conference with a sweep of Saint Mary’s on April 20 at Pepperdine’s Ralphs-Straus Tennis Center to win the WCC regular-season crown. The men’s team defeated Pacific in Stockton to secure a share of the regular-season conference title with San Diego on April 21.

The Pepperdine women’s team, ranked eighth in national polls, defeated Saint Mary’s 7-0. Before the match, the Waves honored senior team members Anna Campana, Nikki Redelijk, Janice Tjen, and Lisa Zaar during a senior day ceremony. Then, the Waves dominated Saint Mary’s. All six of the Waves won in straight sets in singles after Campana and Zaar grabbed the doubles point with a 6-1 victory. 

Pepperdine womens team on senior day. Photo by Morgan Davenport
Pepperdine women’s team on senior day. Photo by Morgan Davenport.

The Waves received their first singles point when a Saint Mary’s player retired due to an injury during the first set of competition against Tjen. Pepperdine took a 3-0 lead when freshman Vivian Yang won the first 10 games of match before her opponent notched a game en route to a 6-0, 6-1 win. 

Junior Savannah Broadus won her matchup 6-0, 6-0. Campana won her match 6-3, 6-0. Redelijk jumped to a 3-0 lead in the first set of her match and went on to a 6-2 triumph. She won the next set 6-0.

Freshman Jasmine Conwy won the first set of a tight matchup 6-4. Conway was down 4-3 before stagging a comeback and winning the second set, 6-4. 

The Pepperdine men’s team, ranked 43rd, beat Pacific 4-3 to clinch a share of the WCC regular-season top spot.

Waves head coach Adam Schaechterle said the victory was a special experience. 

“For my own guys, I’m so proud of how they play for each other,” he said. “We started the season 1-5, and we lost one of our best players for the season, but these guys love each other and it shines through in how they compete.”

Schaechterle said Pacific played tough. 

“Huge respect for how they battled, and for their success this season,” he said. 

The contest began with both teams winning matches in doubles play. Then, the Waves duo of sophomore Linus Carlsson Halldin and graduate student George Davis rang up three consecutive points to break their matchup open and secure the doubles point with 7-6 (4) win by way of a forehand hit from Davis. 

The squads went back and forth in singles play also. Both bunches grabbed three first sets apiece and three matches needed three sets to decide winners. 

Pacific grabbed the first singles point. Waves senior Pietro Fellin then won a contentious match 6-4, 6-3 to give his team the lead again. It was Fellin’s team-leading eighth straight win. 

Freshman Zach Stephens seized his fifth WCC singles win at the fifth position with a 6-4, 7-5 victory. Pacific won the next two matches. 

Freshman Edward Winter then staged a comeback in the second set. He was behind 5-3 after losing the first set 4-6. However, in the ninth game, Winter tied the match at 5. The game then entered a tiebreaker, which Winter won 7-6 (4). The Wave gained a 3-0 advantage in the last set and went on to a 6-1 triumph. 

The men’s team finished the regular season with a 13-10 overall record and 7-1 record in the conference. The Waves have won their six last contests — a WCC-best winning streak this year. The squad has first-round bye in the WCC Tournament at Aztec Tennis Center in San Diego. Their first match will be in the event’s semifinals on Friday at 10 a.m. 

The women’s team finished the regular season with a 15-6 overall record and a 6-0 record in the WCC. The team has eight straight unbeaten seasons in the conference. The Waves didn’t surrender a single doubles point or singles match to conference opposition this season — a Waves team last did that in 2017.

Pepperdine women’s tennis has won 41 WCC titles including 12 regular-season championships. The group is the top seed in the WCC Tournament in San Diego. 

The Waves have a first-round bye and will begin play in the semifinals on Friday at 1:30 p.m.

Pepperdine men’s tennis won a share of the WCC title with a 4-3 win over Pacific on April 21. Photo Couresty of Pepperdine Athletics.

Pepperdine women’s team is shown on Senior Day. The Waves went undefeated in conference play for the eighth straight year in 2024. Photo by Morgan Davenport.

Body of a man discovered near Decker Road

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​By Barbara Burke

Special to The Malibu Times

A body of a deceased male was found on the afternoon of April 24 by a person who was driving through an off-road tract in unincorporated Malibu. The person came upon a male victim near a pickup truck.  Authorities responded to the 800 block of Westlake Blvd to follow up on reports of the shooting, according to Sgt. Chris Soderland of the Los Angeles Sheriff’s Department. Soderland, who added, “The area is in a remote area of the Santa Monica Mountains but when you Google it, you find it has a Malibu address.”

The unidentified victim in his 30s was shot multiple times in the upper body, according to a press release issued by officials.

​“We believe it was not a random act,” Homicide Detective Mike Modica with the Sheriff’s Department said, adding that detectives believe it was a targeted shooting and that preliminary ballistics evidence indicated that the shooting had occurred at the location where the body was discovered. Detectives believe that the dead victim and his killer or killers were on the tract before the shooting and there does not appear to be any threat to the community, Modica stated.

Malibu Times will keep readers informed of any new details revealed by authorities with regard to this crime. Anyone with information about the incident is asked to contact sheriff’s homicide investigators, Soderlund stated. The telephone number is: (323) 890-5500. 

The article was updated to correct a name and title of Sgt. Chris Soderlund.

With Earth Day approaching, where can you recycle CRV containers?

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The difficulty in redeeming CRV tax and recycling cans and bottles locally

The 54th Earth Day on April 22 is billed as the world’s largest event dedicated to preserving our planet. City-sponsored events in Malibu include Electronic and Household Hazardous Waste Collection, Document Shred Day, Organic Recycling Virtual Training, the 2024 State of the Watershed, and a Firescaping class, with all events free and open to the public. 

The city will also be posting sustainability tips on social media throughout Earth Month. But there’s been scant discussion on recycling cans and bottles that are subject to the state CRV (California Redemption Value) tax and receiving your deposit back from your purchase. 

The CRV tax was initially imposed in 1987 to encourage the recycling of bottles and cans that would otherwise end up in landfills. CRV is a fee that is paid to the state by beverage distributors, not a deposit. Distributors pass the fee along to customers through California law.

The program is administered by CalRecycle. Beginning Jan. 1, 2024, more beverage containers, especially those containing alcohol, are now charged the CRV value of either 5 or 10 cents per container. But the CRV is much less a redemption value now than it is a fee or part of the selling price. It’s more like a convenience charge, which the distributor is choosing to recover from the customer, but technically which the customer can recover by returning the container. However, redemption for cash value is extremely difficult, not to mention time-consuming.

In the last few years the business model for recycling centers bottomed out, forcing many to simply close because the bulk return rates were not sustainable for profits. Many grocery stores that used to recycle materials either inside or outside their stores stopped the practice, claiming that handling the materials is unhygienic.

According to CalRecycle, “If there are no longer traditional recycling centers to provide takeback opportunities in your area, state law puts the redemption obligation on CRV beverage retailers. A check of CalRecycle’s in-store CRV redemption locator database shows the following retailers returned signed affidavits to CalRecycle choosing to redeem in-store rather than pay a $100 daily penalty to fulfill their legal redemption requirements. Those stores are ARCO ampm, 29145 Heathercliff Road; John’s Garden; Malibu Chevron, 23670 Pacific Coast Highway; Malibu Ranch Market; Malibu Shell; Trancas Canyon Chevron, and Vintage Grocers.

When contacted, it appeared only Vintage Grocers and John’s Garden were accepting pre-counted can and bottle returns for CRV redemption with the latter, a restaurant, not equipped to receive large quantities of takebacks, but certainly willing to return deposits on containers purchased at the eatery. The other retailers in the database may not be actively in compliance with CalRecycle. 

As for other major grocery stores in Malibu, Whole Foods does not accept CRV redemptions; Pavilions, which previously accepted returns, no longer does; and Ralphs removed their automated return machines located at their storefront about six years ago. Ralphs and Pavilions, as well as CVS Pharmacy, have been paying a $100 daily fine to CalRecycle for non-compliance. As of their last payment on March 28, Ralphs has paid $186,000 instead of providing recycling machines. The Ralphs Corporation was unavailable for comment.

Redemption programs are about to change, though, with reforms beginning Jan. 1, 2025. Beverage retailers over 5,000 square feet and more than $1.5 million annual sales, excluding fuel, in what CalRecycle terms “unserved convenience zones” will no longer have the option to pay $100-per-day to not redeem. Instead, obligated retailers, including Ralphs Malibu, will have the option to either redeem CRV containers in store, or join a non-profit dealer cooperative that redeems on its behalf.

CalRecycle stated there is $300 million approved by lawmakers to expand recycling efforts that could include reverse vending machines, mobile recycling, and bag-drop recycling.

A reverse vending machine is described as an unattended machine allowing CRV containers for input one-by-one, or others allowing consumers to input many containers at once.

If a certified recycling center or obligated beverage retailer fails to fulfill its legal redemption obligations, Californians can file a formal complaint by calling 1-800-RECYCLE or emailing complaints@calrecycle.ca.gov. Non-compliant businesses face CalRecycle inspections and escalating penalties of up to $10,000 for each violation. 

The public is encouraged to weigh in on the proposed new recycling rules electronicallyby mail, or by joining an April 30 hybrid public hearing starting at 9 a.m. in the CalEPA headquarters in Sacramento (Zoom registration required for remote participation).

City holds second workshop on school separation

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More financial details explained in creating a Malibu Unified School District

As progress inches slowly toward the creation of a stand-alone Malibu Unified School District (MUSD), the City of Malibu held a second workshop to inform residents on the complicated process in divorcing from the Santa Monica-Malibu District. 

While a major milestone has been reached in the negotiation process with a Revenue Sharing Agreement (RSA) completed, albeit still pending ratification, two other agreements with Santa Monica still need to be worked out. They include an Operational Agreement and Joint Powers Agreement (JPA).

Cathy Dominico, a consultant for the City of Malibu and managing partner of Capitol PFG, presented a summary of the state of the schools’ separation process.

Dominico, a property tax expert, explained that the RSA memorializes the future allocation of what are currently all SMMUSD revenues between the successor educational entities. The Operational Agreement will define what will happen to the district’s assets including staffing, liabilities, and operational processes. 

The JPA will create a body governed by both parties to administer the separation.

A guiding principle in the separation of Malibu and Santa Monica schools is that each district have the funding to maintain a similar level of service at each school site as prior to separation. And that’s where things get complicated. As Malibu currently pays a disproportionate share of the school district’s overall budget relative to student population, Santa Monica has required assurances that it will receive transfer payments for some period of time to make up for its loss in revenue from Malibu property taxes and to keep its growth at no less than the historical rate of 4 percent.

Dominico and her associates working for Malibu stress-tested dozens of different scenarios to ensure that Santa Monica will be made whole while also ensuring sufficient funding for a MUSD. 

“Malibu has to make up the difference if there’s a shortfall in Santa Monica,” said Mike Matthews, former Malibu High School principal and retired superintendent of the Manhattan Beach Unified School District. Mathews is also a Malibu resident, now an educational advisor for the Malibu unification team. Under some scenarios, Malibu’s transfer payments would cease by the 2041-42 school year, while contractually the latest date would be 2051. 

“The agreement is not in perpetuity,” Dominico stated, noting that the 2051 termination date is fixed irrespective of how long it takes for the separate MUSD to commence operations.

Attendees asked whether Malibu’s tax base would sink should another natural disaster strike. Dominico answered that even with the Woolsey Fire, Malibu may have lost students who were forced to move, but aggregate city property taxes did not fall.

Dominico warned that for the initial MUSD budget, “It will be tight in the first couple of years.” 

Matthews concurred explaining, “We’ve looked at what we would need in terms of staffing, in terms of keeping everything going, and yeah, we believe we can do it. One of the things we hear a lot is, ‘I can’t wait till we can add a lot of stuff,’ and [initially] we’re not going to add stuff. In fact, one of our pieces of advice to the new district will be being a small district can be a dangerous thing because your resources are limited and giant unexpected expenses can be very harmful. 

“So, our advice will be when we do get increases in revenue to squirrel it away and put it in a really big reserve so that we as a small place can do that. It will even out eventually, but … we’re going to keep things the same, but hold off for a while until we feel secure that we can protect ourselves from anything that might come our way.”

Another Malibu consultant, La Tanya Kirk-Carter, a former chief administrative officer for the Beverly Hills Unified School District, added, “We could be more efficient spending our own money. You’ll get more bang for your buck.”

Dominico concluded, “What this gives us on day one is local control.”

City leaders are encouraging residents to voice their opinions and concerns. Comments or questions can be sent to the Malibu Deputy City Manager Alexis Brown at ABrown@malibucity.org or (310) 456-2489 ext. 300.

FROM THE RIGHT: Trump trial: Seeking accountability, or waging ‘lawfare’

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By Don Schmitz 

In a historical first, former President Trump is on trial in New York City for a felony crime. New York District Attorney Alvin Bragg, who is prosecuting the case, notoriously paid a large law firm to sue Congressman Jim Jordan (R-OH) endeavoring to stymie the House Judiciary Committee’s oversight investigation into his indictment of Trump. When running for the AG position, Bragg touted he had the best experience pursuing Trump’s family as a campaign centerpiece. His opponent, fellow Democrat Tali Weinstein, accused Bragg of attacking Trump “for political advantage every chance he gets.” This case is based on former Trump lawyer Michael Cohen’s assertion they paid a woman $130,000 in “hush money” to hide an affair with Trump. 

The case is predicated on falsifying documents because the money was logged as legal fees by Cohen, who testified he did so at Trump’s direction. Cohen is the prosecution’s star witness, testifying to the grand jury twice. He also pleaded guilty to lying to Congress in 2018. Just last Wednesday, Federal Judge Jesse Furman denied Cohen’s request for early supervised release, stating unequivocally that he had perjured himself to the court, either in 2018 when he plead guilty under oath to tax evasion, or last October when he testified that he had lied in 2018. The star witness in the current trial against Trump is a documented liar and perjurer. He lied to Congress, he lied to the media, and he lied to the court. Federal prosecutors stated that they had “substantial concerns about Cohen’s credibility as a witness.” Regardless, Bragg has built his case around him.

Typically falsifying records is charged as a misdemeanor. Moreover, Bragg’s predecessor, DA Cyrus Vance Jr. investigated it and didn’t bring charges. Both the Trump and Biden Justice Department investigated the matter and passed on it, as did the Federal Election Commission. Furthermore, New York’s Criminal Procedure Law promulgates the statute of limitations is two years for misdemeanors, and five years for felonies. The purported crime took place in 2016.

Republicans are crying foul over the entire trial, its timing, and how it is being handled. Held in the middle of the campaign for the presidency, the presumptive nominee is under a gag order by Judge Juan Merchan, nor can he leave and hit the campaign trail. Famed Harvard Law School professor Alan Dershowitz, a Democrat, has called the gag order unconstitutional. 

Please note that this column is not about litigating this case, nor even arguing its merits so much. That is what the courts are for. More importantly,Americans are losing faith in our judicial system. 54 percent believe that politics are driving this current case. A Gallup poll in June 2023 found only 17 percent of Americans have a great deal of faith in the criminal justice system. 

There is a general trend in the Trump investigations that strongly suggest they are not apolitical, in that they don’t resemble previous prosecutions, utilize contested and unusual legal theories, and the prosecutors all have overt political motives. This template was struck immediately after Trump was elected in 2016 with the Russian collusion hoax, resulting in a Congressional impeachment that fizzled in the Senate. Not satisfied, the Democrats impeached him again, after he was voted out of office, in hopes of a Senate conviction that would preclude Trump from holding office. 

Again, the Senate acquitted him. In this election, multiple Democratic state attorney generals sought to kick Trump off the ballot until the Supreme Court stopped them. From Georgia, to New York, to the Biden DOJ, ardent outspoken Democrat prosecutors are pressing cases against the Republican candidate, with all the trials coincidentally occurring during the year of the election. Enter the term “Lawfare.”

Lawfare is the use of legal systems and institutions to damage or delegitimize an opponent. Ever notice how the political opponents of Russian President Vladimir Putin end up being convicted in court of “crimes” to then disappear into Siberia? Other countries have honed this to a fine art. If you think we are immune to this in America, and the damage it does to democracy, think again. President Andrew Jackson killed Charles Dickinson in a duel. President Clinton committed perjury and was disbarred but didn’t face trial. Candidate Hillary Clinton broke multiple laws with classified documents but wasn’t prosecuted. 

Presidents have been impeached, but never, and I mean never, have local prosecutors of the opposing party used indictments as a political tool like now. Justice is supposed to be blind, and no one is above the law, but the full quote, from Teddy Roosevelt, is “No man is above the law and no man is below it.” Even Trump, hated with a crimson rage by the left, shouldn’t be singled out. Political opponents with prosecutorial powers resulting in unprecedented indictments timed to throw an election should give everyone pause, conservatives and liberals alike.

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