Malibu attorney and resident Sam Birenbaum was arrested by Los Angeles County sheriffs on Friday at his residence on Malibu Road. He is charged with grand theft. Neighbors reported he was taken away in handcuffs.

The 52 year-old attorney, a former candidate for Malibu City Council, has long been a community political activist. About a week ago he was seen picketing outside a real estate office in Malibu, carrying a sign that accused a local realtor of being a racist.

Birenbaum, a member of the California State Bar since 1974, is accused of grand theft of his clients’ funds. Charges were filed on Thursday by the District Attorney. The California State Bar had initiated the investigation when clients of Birenbaum complained, according to Deputy District Attorney William Penzin.

A published account in the Los Angeles Daily Journal, a legal newspaper, reported that in one case, Birenbaum allegedly placed $100,000 of a client’s 1999 divorce settlement in his client trust fund, despite her instructions to deposit the money with a brokerage firm, according to Penzin. Penzin also said that Birenbaum used half the money to pay off other clients, and put the remaining amount in a money order made payable to himself.

According to Penzin, if found guilty of the crimes, which are felonies, he could go to prison for up to 4 years and 8 months, and he could be suspended from the state bar.

Birenbaum was in court Tuesday afternoon and posted $115,000 bail, said Tom Layton, a State Bar investigator who assisted in the investigation. The case was continued for three weeks.

“He will be arraigned again on Sept. 24 because the defense attorney who was there today was not certain that he would handle the case,” said Layton.

Layton also said that after a complaint was received by the California State Bar, the case was turned over to the L.A. County District Attorney and the Malibu/Lost Hills Sheriff’s Station. Further investigation discovered another possible victim.

Layton indicated they investigate fully to see if there is any violation of the State Bar rules for the practice of law, and that the State Bar is obligated by law to inform the District Attorney when they discover possible criminal activity. The State Bar will continue to monitor the criminal case and could decide to take a separate action against Birenbaum’s license to practice law.

Prudential Malibu Realty is launched

By Arnold G. York / Publisher

The Malibu real estate industry, which over the past decade has seen the closing or consolidation of many of the smaller independent real estate firms into a few large companies, suddenly has taken a turn in the opposite direction. Malibu Realty Company, one of the original Malibu companies, founded in 1947, closed in August. The name rights and the real estate assets have been purchased by a group of brokers and agents who are reopening it as an independently owned franchise of Prudential California Realty. It will be doing business under the name of Prudential Malibu Realty.

Michael Novotny will manage the new firm, which will include Marcus Beck, with 15 years of experience with CB Residential; Kate Craig, with 15 years of experience in Malibu, most recently as Fred Sands estates director; Barry Kinyon, with 10 years experience in Malibu and formerly with CB/Fred Sands and Malibu Realty; Lea and Leon Johnson, former estate directors with Fred Sands; Alan and Tony Mark, a father and son partnership, previously affiliated with Fred Sands; and Topanga specialists Jon and Lisa Saver, previously affiliated with Fred Sands; and escrow specialist, Cynthia Schmon.

Most of the agents of the new company said they are excited at the prospect of a new company and the entrepreneurial opportunity.

“We own the franchise,” said Leah Johnson, gleefully.

They also seemed to agree they didn’t want anything corporate. “Change is good,” said Marcus Beck. “Our goal is an office with agents who have the same goal-run as a business and not get caught up with the corporate level.”

It was also clear that Novotny was a popular choice to run the firm.

“We need a good manager and we trust Michael’s judgment,” said Kinyon.

Alan Mark echoed that sentiment. “Having Michael as a manager is perfect … He’s been through small corporations and big corporations.”

The new company expects to expand in the future and to compete for additional real estate talent. “We are confident that we will continue to attract the best and the brightest agents available,” said Novotny.

The real estate assets consist of the building located at the intersection of Pacific Coast Highway and Civic Center Way, which, after its renovation, will become the company headquarters. Currently, the firm is located on Stuart Ranch Road in the old Miramar Building, which also houses the Malibu Chamber of Commerce. The assets also include a small building on Point Dume and a lease on space in Topanga.

“The name Malibu Realty gives our new business instant name recognition,” said Novotny, and added that “each of the firm’s new agents work and live in Malibu and have a vested interest in our city.”

A second spin-off firm from the old Malibu Realty Company is a real estate firm called Malibu Surf Realty, which has several agents from the old company.

Most Prop. 12 grant funds are to be used for studies, except for the removal of a non-native plant species from Malibu Creek.

By Suzanne Marcus Fletcher / Special to The Malibu Times

Malibu is set to spend a significant amount of money and time on a series of local environmental projects fueled by the first installment of $3.9 million in state funds to restore the Santa Monica Bay.

Among the 16 grants thus far awarded by the Santa Monica Bay Restoration Project (SMBRP) and the California Coastal Commission are funds earmarked to study pollutants affecting the Malibu Creek, a feasibility study to remove the Rindge Dam – allowing for the possible return of the endangered steelhead trout and perhaps the less sexy, though important study the City of Malibu is conducting to determine the environmental impact of the city’s waste-water systems.

The first 16 proposals given the “green-light” out of 63 applications were made possible by California’s voters upon the passage of Proposition 12 last year. Prop. 12 included a $25 million measure to support the “Bay Plan,” one of the Environmental Protection Agency’s 28 national estuary programs to rehabilitate the nation’s most polluted waters.

“While $25 million is not enough to clean up the bay, it’s going to make significant progress,” said Mark Gold, executive director of Heal the Bay. “I hope to see more large-scale projects funded – like restoring the Malibu Lagoon. But we have a long way to go in reducing urban runoff pollution and managing our natural resources – like restoring the wetlands. We’re partway there.”

Septic systems

For many, a discussion of septic systems is not something they relish; yet it can be an important barometer of a community’s health. In summarizing the complex project, Stephen Groner, SMBRP consultant and engineer said:

“We need to find out how to best manage Malibu’s wastewater issue without impacting the water.”

In essence, a grant for $667,000 was awarded to the city of Malibu to implement a water monitoring study to evaluate whether pollutants and bacteria such as nitrogen and E. coli can be found in the city’s ground water, which could be impacting the Malibu creek and lagoon and surf zone areas. The city hired the Vermont-based engineering firm, Stone Environmental, Inc., specialists in wastewater management (among other pursuits), to create a detailed work plan.

“There is a lot of misinformation about how septic systems work and how to take care of them. It’s like an automobile, if you don’t change the oil, it’s going to break down,” said Bruce Douglas, a principal scientist with Stone Environmental, who, upon final approval from the city, will be the primary contractor for the study. Set to begin in early winter 2002, the study is projected to take up to 18 months, according to Douglas.

“The reason to do this is to collect facts [showing] the true impact of the systems on the environment, which will enable the city to manage the systems based on facts and not perception,” he said.

Specifically, Douglas continued, “We want to look at the cumulative effect of septic systems on groundwater quality in Malibu’s Civic Center area and determine how they (the systems) are located relative to each other,” he said. “This particular area may contain as many as 400 to 500 systems, making it a high priority area to determine risk.”

Added Douglas, “Then we can look at groundwater direction and flow towards the Malibu lagoon, creek and surf zone areas.”

Stone Environmental will be working with the L.A. County Health Dept. and City of Malibu Building and Safety to locate the systems. But how to accomplish the task of water monitoring?

“We will be installing ground water monitoring wells and using existing wells from previous studies, and asking land owners for permission to use or install monitoring wells on private property. Health specialists will then collect samples every month, and groundwater will be collected from each well,” said Douglas.

After data is analyzed, “We will then begin to simulate varying scenarios of treatment,” said Douglas.

Upon completion of the study, Douglas said, “The first step is to present the results to the city and its stakeholders. Included will be action items the city should take to move forward, based on their specific needs.”

The Rindge Dam

A $200,000 grant was awarded to the California Dept. of Parks and Recreation for a feasibility study on the pros and cons of removing the Rindge Dam, “A 100-foot structure located approximately 2.5 miles from Malibu Lagoon,” according to the SMBRP. The project has reportedly become a hotbed of interest from aquatic and environmental enthusiasts since it would provide a migration habitat for the federally endangered steelhead trout. However, others say the removal of the dam would be a waste of federal and state money, without the guarantee of the steelhead’s return.

Suzanne Goode, senior resource ecologist for California Parks and Recreation and an advocate for tearing down the dam, believes otherwise.

“If we improved the habitat they [the steelhead] will come,” she said. “The purpose of this project is to determine a way to get the fish above the dam, or allow them to go around the dam. There are different alternatives being studied.”

Goode indicated that before the 50-year-old dam be considered for removal, the consequences of doing so have to be fully evaluated. The cost of the study is said to be $2.2 million. Prop. 12 grant funds will be applied to funding from State Parks and the U.S. Army Corp of Engineers. Goode said the bulk of funds will be spent on labor intensive surveys, hydraulic and hydrological studies, engineering and design analyses, environmental studies, plan formulation and evaluation.

Having worked largely by herself on behalf of California Parks, Goode plans to hire a project manager to manage the feasibility study. If it’s determined that the removal of the dam is the best course of action, Goode said, “We will be seeking funding and partners to carry out that project, which could cost anywhere from $5 million to $40 million.”

Stream Team help

The environmental agency Heal the Bay was awarded $350,600 to develop a “Stream Health Index” for the Malibu Creek Watershed, said to be the second largest drainage into the Santa Monica Bay.

“The grant is paying for us to ‘map’ more than 100 linear miles of the watershed and the health index will determine how degraded the creek is at this point,” said Mark Gold, executive director. “We’re planning to be done by 2004, and will hire [college] students to do the mapping for a minimum of 20 field work hours.”

Non-native plant removal

It seems that urban pollution is not the only threat to the environment, as predators can emerge in the form of “aggressive” plants that upset the balance of the local eco-system. Accordingly, $189,000 was awarded to the Mountains Restoration Trust for the removal of the Arundo donax plant from Malibu Creek. According to the SMBRP, “Arundo is an invasive species which has infested the creek watershed, choking streams and sucking up water and nutrients in great quantities. With no natural predators in California, it grows rapidly – 3 to 10 inches per day, reaching heights of 25 feet and above.” It is believed that Arundo prevents the tidewater goby and the steelhead trout from returning to the Malibu Creek.

Stephen Harris, executive director for the Mountains Restoration Trust offered, “We actually started removal of the [Arundo] plant in Malibu Creek last year through a grant issued by the National Park Service. We did a scientific study to gage how the [plant] removal has affected the natural habitat.” Harris said the grant to continue removing Arundo will be disbursed over a five-year period, and will be done by subcontractors, while “an on-staff biologist supervises the activity.”

As to the number of people vying for grants, Mark Gold said, “There was tons of competition.”

Marianne Yamaguchi, director of the Santa Monica Bay Restoration Project, added, “The first 16 [proposals] approved were the most ready to go in terms of their contract status, permits, and meeting the environmental check-list criteria – it’s a legal issue.” Yamaguchi said the next wave of proposals to be finalized for funding is scheduled for this fall.

Those interested in applying for a Prop. 12 SMBRP grant can e-mail the agency for more information at: smbrp@rb4.swrcb.ca.gov.

See next week’s Septic versus sewers story by Pam Linn for more detailed information on water quality studies.

May cost owners up to $2,000 for final connection to underground utilities

By Ken Gale/Special to The Malibu Times

For the past four years, Southern California Edison has been laying underground conduits along a short stretch of Pacific Coast Highway in order to get rid of unsightly overhead wires. The undergrounding affects some 75 addresses in a stretch of about three-fifths of a mile from west of Carbon Canyon Road to just east of the Malibu Pier. About half are private homes. The others are apartment buildings, motels and small businesses. The cost of the project is $2.95 million, to be paid by what are called Rule 20A funds. Rule 20A is a California Public Utilities Commission provision that requires power companies to levy a small fee on its customers for the removal of overhead wires in areas of high traffic or public use. Property owners have been told by the City of Malibu they now have to do their part by installing-at their own expense-devices on their properties that will connect the underground wiring to power meters, telephones and television sets. As well as Edison’s power lines, the underground conduits will also carry Verizon phone lines and Charter Communications cables. The cost of the connectors to property owners ranges from $500 to $2,000, depending on the size of the home, according to an Edison spokesman and Malibu city engineer Rick Morgan. But to date, fewer than half the property owners have complied despite past mailings, newspaper advertisements and a town meeting, Morgan said, and so the city has served them a new 30-day notice to get the job done. After that, the city has authorized the utilities to go ahead and install the connectors, and homeowners will be assessed the cost on their tax bills.

That does not mean owners will get a sharp knock on the door on day 31, Morgan said. “It’s just meant as a friendly reminder that they need to act,” he explained, adding, “Some residents may prefer just to have the utilities take care of it for them.” Edison area manager Mark Olsen said Edison’s cost would be competitive with other contractors. After all the connectors are in place and hooked up, the next step is for the utility companies to take down the power poles. Morgan says he hopes to have it all done by spring of next year. But he said it couldn’t be done until there is 100 percent compliance by all residences. “We won’t take down a single pole if there’s even one person still not connected underground,” he said. More information can be obtained by calling: Mark Nail, Southern California Edison, 805.654.7303; Kevin Ryan, Verizon, 805.388.2232; Brent Smith, Charter Communications, 310.456.9010; Rick Morgan, Malibu city engineer, 456.2489 ext. 247

Thanks to mega-efforts by Kiwanis members the Malibu Kiwanis 20th Annual Chili Cook-Off and Carnival was another huge Labor Day weekend success. And for the first time, the carnival was extended into Monday evening.

Some 15,000 visitors enjoyed live music by diverse performers such as Preston Smith, Debra Davis, Severin Brown and James Coberly Smith; and bands New Breed, Bayadera and Kane, to name a few. Actor Gary Busey jumped in with Preston Smith’s Crocodiles and set the stage on fire with some hot guitar licks of his own, bringing the crowd cheering to their feet on Sunday afternoon. The open air stage and seating area rocked with good sounds, food and a handful of freewheeling dancers.

The annual event drew locals and out-of-towners alike to the 10-acre site, which is so well known it’s listed on Malibu maps as the “Chili Cook-Off Site.” It’s even said that a person can smell chili in the ground long after the event is over.

Part of the festival’s draw was the raffle. First prize was a Porshe Boxster, won by Randall Kopsa from Houston, Texas. The winning ticket was pulled and presented by actress and Kiwanis supporter Kathleen Quinlan. Second, third and fourth place prizes were a Costa Rican trip, won by Malibu resident Constance Shafran; two ocean kayaks, won by Brad Ladden from Atlanta, Ga.; and a Yamaha electric guitar, won by local Malibu resident Diana Silverston.

A perfect sky-blue day saw old and new faces in the chili competition. Malibu’s Favorites included prizes of $300, $150 and $100 for first, second and third places. Brad Norris of Malibu Health and Fitness took first place, as well as Best Merchant and Best Booth awards. Mike Grimes’ Texas Two-Step Chili took second place for the Arizonian, and Mary Elliot of Malibu’s Pier View Cafe placed third, also winning the coveted People’s Choice award. Mike Meinardus (Zuma Mike) won the Best Showmanship award.

Other cooks in the local competition included Jose Hernandez of Malibu Holistic Veterinary Health Care, C.J. McDonald of Topanga Outlaws (Fontana Ranch), David Katz of Malibu Film Foundation, Peter Balestri from Westlake Village, Jan Jarecki of Malibu Mountain Archery Club, and Malibu mom Dana Schweiger.

While Saturday’s cook-off concentrated on Malibu’s Favorite chili chefs, Sunday was devoted to International Chili Society (ICS) winners. ICS highlights included a first-place prize and the chance to compete in the world championship, which went to Mike Austin (The Bun Burner Chili Shack) from San Bernardino; People’s Choice award to Mike Grimes (Texas Two-Step Chili), and awards for Best Showmanship and for Spirit, which both went to crowd-pleaser Patty Summers (Crazy Those Cows).

Kid’s Day on Saturday added a new twist with special rides, games and a petting zoo, making the event a Labor Day weekend for all ages.

Students prepare for new classes, new friends and, to the dismay of many, new homework

By Brittany L. Turek/Special to The Malibu Times

Every year after Labor Day, students must rub the sleep from his or her eyes as they roll out of bed at a decent hour after two glorious months of sleeping in. Once again, summer vacation has flown by, which means parents must hear their children lament that it seems like last semester just ended. However, the inevitable first day of school looms straight ahead. There’s always the mandatory shopping for school supplies. Some students get prepared by shopping for new clothes-or not. “I’m not doing anything to prepare,” said Malibu High School senior Trevor Porter. “No back-to-school shopping. My summer clothes are my school clothes.” Porter prefers a more academic path of preparation and is catching up on his summer reading. Alison Greenberg, a junior at MHS, said, “I’ve been writing essays for all the [advanced placement] classes I’ll be taking. It’s almost impossible to be ready to start school. It always comes too suddenly. I think that, even if you spent the whole summer preparing, you still wouldn’t be ready.” Switching gears from summer pastimes to schoolwork can be challenging. Jonathan Hudson, a freshman at MHS, spent his vacation playing football competitively. “I get back into the school mode, put my thinking cap back on,” said Hudson, of his preparation for school. “After not doing anything all summer, you have to go back to school and focus.” Although focusing on school is a priority for many freshmen, it’s not always the top priority. Longtime buddies Geoff Roth and Kate Pritchett are mostly looking forward to seeing all their friends after having been on summer break. Allen Starnes is excited about “girls and parties,” he said. Being the new kid on the school block can be particularly worrisome for freshmen. I’m nervous about all the big kids,” admitted Starnes. “Maybe I’ll get picked on.” While freshmen ponder the actions of the big kids, the big kids are thinking about the end of high school.

Tami Rollins will be taking a full six-class schedule of nothing but advanced placement classes. “This is my last chance to do well,” she said, “and that’s how I’d like to finish off my high school career.” Porter said he’s looking forward to “seeing how it looks from the top” during his senior year. I’m glad that high school is almost over,” said MHS senior Luke Beck. “I’m ready to make that next step to college.” From elementary school to high school, not one student interviewed could deny that the single thing they are least looking forward to upon returning is dreaded homework. “I’m nervous that I might get a bad teacher,” said Taylor Barry, a 4th grade student at Webster Elementary.

As the children in elementary school worry about bad teachers and being placed in a class that none of their friends are in, junior high students are anxious about entering high school. High school freshmen groan about the difficulties of algebra, while sophomores prepare to take this year more seriously. And juniors cram in as many difficult classes as they can handle. “I think I’ll be really busy,” said Greenberg. “AP classes will take up a lot of time. But I think I can do it.” Some seniors are taking a breather from their junior year.

“Last year was a more difficult year … You had to figure out your priorities and learn time management,” said Porter. With every new school year comes a new set of priorities for the growing student. Rest assured, though, that no matter how mature they get, it’s traditional most students will always hate homework.