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Secure those fences

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After reading the heartfelt story of the most beautiful, bouncy puppy who somehow got out of the fenced yard and was killed by a speeding car which didn’t even stop – the most disturbing part is why this puppy, like so many, have this happen. People like the Carmichael family find reasons how accidentally gates get opened by workers, wind and many other reasons possible. The point made that speeding cars have been driving down Fernhill on the Point is all the more reason to secure and prevent this from happening and be responsible when owning animals. People are not aware that cars swerve and run into objects to avoid injuring an animal and can cause serious injury to themselves and others in vehicles.

The Coleman Family

Which tyranny would you prefer?

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I drove by the local Union 76 Station and the price was up to $2.15.9 per gallon for the cheapest unleaded gas. Our editor Laura Tate is just back from a short vacation on the East Coast, and the price of gas back there was significantly cheaper, even in New York City–$1.85 per gallon.

California is an oil producing state, has a local domestic supply and local refineries, as anyone driving through Torrance can tell you. So the question is, Why are we paying so much for gasoline?

I guess you could ask the same question about natural gas, and perhaps heating oil and just about every petroleum product.

The answer is, I believe, inescapable. We are being ripped off.

I suspect our rather clumsy deregulation of the power industry and our failures to build new power plants or use nuclear energy probably set us up to be victimized. However, it doesn’t change the inevitable reality that we’re being had. And we’re not doing much about it. The question I ask myself is, Why not?

Now if we’re looking to the federal government for help, we can just forget it. It’s not that the government is in bed with the energy cartel, they are the energy cartel. Dick Cheney is their guy and he’s calling the shots–and the industry runs FERC, the federal regulatory operation.

Again, I ask the question: Why isn’t anybody doing anything?

Now I must make a confession. As a litigator, I was always of the opinion that the best way to get anyone’s attention was to hit the person over the head with a 2-by-4. Then you apologize for being so crass, and when they get up, you hit them again. By the third time you generally have their attention and it’s time to begin talking.

I believe the same rules would apply in the energy situation. It’s interesting to observe the differences in the way the prosecution and law enforcement crowd handle major crime, like sales of small amounts of marijuana, as opposed to minor crime, like the ripping off of the entire State of California, the bilking of billions of dollars and the physical endangering of an entire population dependent on power to run their lung machines, their kidney machines and various other devices that keep a legion of our population alive and functioning.

So go with me on a little fantasy trip while we deal with the energy cartel the same way we deal with the drug cartel. They’ve got a number of tools to go after a drug cartel and I don’t see that energy would be any different.

First of all, there is the law. There’s the RICO Act–many of you who watch the “Sopranos” know what that’s all about–and then there are conspiracy statutes and a legion of other old-fashioned criminal statutes that work very effectively. So there’s plenty of law.

Additionally, the next time there is a power blackout and some little old lady dies, that’s called murder and conspiracy to commit murder, and aiding and abetting murder, and, at the very least, some sort of negligent homicide.

Next you start the wiretaps. You find some compliant judge and get a warrant to tap the energy cartel’s business phones, home phones, kids’ phones, and for good measure you throw in faxes and e-mails.

Next, you gotta have a snitch, because no good criminal case goes without one. There are plenty of snitches available. All you have to do is listen to the taps and you’ll soon pick up the unhappy players who can be turned. Easier yet, you wait until there is a layoff, or someone gets passed over for promotion, or a little sexual harassment and you’ll find a legion of people ready to spill the beans for immunity, a reward, or whatever. You set up a reward system and give the snitches a piece of what you recover and, if need be, the witness protection program.

Then you go to the grand juries and you get indictments all over the place. You keep them running from Yreka to Bakersfield to Los Angeles to San Diego. Then you serve search warrants at their homes, along with arrest warrants, at the airport as they get off their planes, at the country club and at their wive’s women’s groups. By the way, you also make sure to arrest the wife, the children and, if need be, the family dog. It’s amazing how many people will cop out to protect their family dog.

And soon, it all just goes away. The prices start coming down. The free market becomes free again.

I often wondered why some ambitious attorney general or local district attorney doesn’t just step up and bite the bullet.

I suspect that some of you might be thinking that what I’m visualizing is tyranny. You might well be right. But not having enough power to live, or fuel to heat your home or being held captive by a bunch of Texas power manipulators is also tyranny. So which tyranny would you prefer?

Search for new sheriff’s captain is on

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The Lost Hills/Malibu Sheriff’s Station, which serves five cities that have a population of more than 65,000, plus unincorporated areas that may number the population at 100,000 that the station must cover, is theoretically without a captain in place.

Sheriffs’ Capt. John O’Brien is on medical leave, leaving the station in the hands of Operations Lt. Jim Glazar, who has been acting captain for the past six months.

However, a search is on for an acting captain who will eventually be the replacement for O’Brien, which may or may not be someone from the station.

“My job is to keep the ship afloat here, [while a search is conducted]” said Glazar.

The city managers of the cities of Malibu, Agoura, Hidden Hills, Calabasas and Westlake recently met with representatives from the station to discuss the process of the search and to communicate what both sides are looking for in a replacement.

“Technically O’Brien will be in that spot [captain] for a while, so what we’re looking at is a lieutenant in an acting capacity,” said Christi Hogin, interim city manager for Malibu. O’Brien will not retire officially until October.

Although Hogin expressed that “there are complications on their part [the station]” regarding the situation, she did not elaborate.

Hogin did not know the time frame in which a choice would be made, but outgoing O’Brien said a choice would be made within the next 30 days.

Susan Nissman, senior field deputy for Supervisor Zarovlavsky’s office, which includes the third district, said she thinks it’s “protocol that [Sheriff] Baca asked for input” from the cities and Zarolavksy’s office.

“We would just communicate what the unique needs of the Santa Monica Mountains area are,” she said.

Nissman did say of the current situation, “I don’t get a sense that there is no one at the helm [of the station].”

O’Brien, who has spent three quarters of his almost 30-year career in the department in Malibu, has been off duty since December when he had surgery on his shoulder.

“I still got some back issues [injuries],” said O’Brien. Rather than go back and do his job on a part-time basis, O’Brien chose to take the medical leave. “It’s not fair to me or the people you’re working with. It’s asking an awful lot, especially for Lt. Glazar, who’s been doing both jobs.”

“It was not an easy decision,” said O’Brien, of his medical leave and eventual retirement. “I waited for someone else to make it [for me], in this case my orthopedic doctor.”

O’Brien, who lives in Thousand Oaks but who said he has spent half of his life in Malibu with “a lot of overtime,” said he “hasn’t a clue” as to what he’ll do next after his official retirement.

Before his career in law enforcement, O’Brien was “in industrial sales.”

“It was a passion,” he said, of his decision to switch careers. “Still is.”

O’Brien spoke proudly of receiving a leadership award two months ago, one of three captains to do so, from the sheriffs deputies association.

“That kind of capped my career,” he said. “To leave while you’re on top.

“Seriously,” he added, “To be recognized by [the] deputies is the high point of my career.”

O’Brien was presented with a tile by the City Council in honor of his service to Malibu at Monday night’s council meeting.

Proposed 15 million bond

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For several months now, a coalition of individuals representing groups with diverse interests, often at odds with each other, have been meeting and working together to find common ground and to formulate the beginning of a campaign to pass a bond measure in November.

After several months of working together, the Bond Measure Coalition, for want of a better name, presented to the city council on Monday night some ballot language that it feels represents the desires of a large majority of Malibu residents and voters. And we hope the city council will adopt it or something very close to it and present it to the community at large in a special election in November.

The Bond Measure Coalition members know that the proposed $15 million bond, if passed, won’t get everything for everyone, but they think that if it passes, it will get a great deal of what most of the people in Malibu believe is important for this community.

It emphasizes the purchase of land in Malibu for parks, playing fields, a community center and open areas that protect natural habitat and limit the sprawl and traffic involved with building out 100% of presently developable commercial land.

A recent Los Angeles Times editorial (“Deep Pockets for Nature,” May 12, 2001, Section B, page 12) commends cities like Monrovia, whose residents recently passed a $10 million property tax to buy land. Monrovia will now give agencies such as the Wildlife Conservation Board for $11 million more in grants “to preserve wild mountain land near the city, as development and sprawl chip away at what remains of it. But Monrovia deserves special consideration for its willingness to put up its own share of funds before going to Sacramento for help.”

This is exactly how the coalition hopes the City of Malibu will be perceived to potential grantors in Sacramento and elsewhere should the bond measure pass by the required two-thirds vote in November.

In order to provide direction to the future city council to make their task easier and reflective of community needs and desires, the coalition is now working on a comprehensive report that will identify the scope and specific projects that could be funded by the bond.

Furthermore, in the next few months, the coalition will test this ballot language through a random survey of likely voters. It will raise money to run a campaign, line up endorsements, provide speakers to community groups, and do one or two mailings in the fall.

The coalition welcomes support and participation from the community as well as honest and constructive criticism from all individuals and interests.

For more information on the Bond Measure Coalition, e-mail: malibumona@earthlink.net.

Mona Loo

Simple Topanga lifestyle threatened

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Though Carol Winter faced a series of ups and downs during her 32 years of residency in Lower Topanga Canyon, an area also known as Rodeo Grounds, she never gave up on staying because the community has been a true home to her.

Before moving to the north side of Pacific Coast Highway (PCH), Winter lived in a home on Topanga Beach from 1969 to 1979. When the beach was acquired by the state, she moved across PCH, where she lost her house in the floods a few years later and was forced to relocate once more. But she did not move far.

Winter has lived in the house she currently occupies in Lower Topanga since 1988. “I’ve lived in many places in the world but this is my home,” she said.

“What made me a part of this land is the people who live here,” she said. “This is a community that does not close their doors, where everyone is there for everybody else.”

Topanga is reminiscent of the 1960s’ peace-and-love days, and Winter remembers those times well.

When she first lived in the area, Winter was known as the Banana Bread Lady because she baked for a living and distributed her goods to the local stores.

“A simplistic and wonderful life without question,” said Winter, who is a teacher in Santa Monica.

Because of skyrocketing prices in the local real estate scene, Winter finds it hard to think about moving.

“Even though we live on a month-to-month lease, after so many years we never imagined that the eventuality of moving would come,” said Winter. “The only thing that they would do with my house is make parking.”

For now, Winter continues to hope that she can stay. “This is my home. If a fire came through I would build up again,” she said.

Viewing his stay in lower Topanga from a different perspective, but also believing that the community is the only one of its kind remaining in the Malibu vicinity, Ray Craig, owner of the Topanga Ranch Motel, is also unsure about what the future will bring.

“We really don’t know with all the talk,” said Craig. “They have never really contacted us. Although nobody has told us to leave, it’s imminent, I guess.”

As he spoke about the 80-year-old motel, which was originally built for the people who constructed the highway and currently houses 32 rooms, Craig expressed his concerns on behalf of the residents who rent rooms.

While the motel does serve people who just pass by and stay for a night or a week, the people who would be affected the most by the relocation of this business are the people who stay year-round. They could not afford to live anywhere else in the area and many are elderly. “I don’t think they understand that people are living here that have been here for many years,” he said.

Craig, who has owned the motel for 15 years, along with other business owners who rent from LAACO, Ltd., hopes to stay where he is with an extended lease.

Frank Angel, the attorney representing the Lower Topanga Community Association, is currently gathering information, according to Craig, “because the conservancy is working very clandestinely, telling us how bad we are and that they need to get rid of us.”

Commenting on the state having an interest in making the area a state park, Craig said, “Nobody is arguing that, but the process is bad. They certainly don’t let us know until they have to.”

As for the future, Craig said this is the only business he has and he is not sure what he would do if he had to move. “They talk about relocation, but they have not told us details.”

Moreover, businesses have different relocation needs. “In housing you can live in a lot of places, but businesses have to be in strategic places,” said Craig.

Also, Craig said the cost of comparable land in similar locations would be very prohibitive as is the eventuality of relocating everyone by the end of the year.

Additionally, they don’t have all the money needed yet, he said. The land was appraised at $43 million and the American Land Conservancy has $40 million that they received from the state; therefore, the total package is lacking $3 million and that does not include relocation costs, calculated Craig.

Moreover, Craig said he did not get the feeling from the conservancy that they care about people’s lives and problems.

The best of the best

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Puppy love by neighbors

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I read Bob Carmichael’s letter about the death of his beloved puppy due to speeders on Fernhill Drive. My neighbors and I on Broad Beach Road are going to meet with Bob. We have a horrendous speedway here – probably worse than Fernhill because Broad Beach Road runs parallel to Pacific Coast Highway and drivers tend not to slow down when they exit PCH and enter Broad Beach Road. We have the added hazard of entrances for Public Beach Access. Folks are getting in and out of their cars, unloading kayaks and surfboards, changing clothes, while drivers are whizzing by at 55 mph.

Perhaps by banding together we neighbors can get better solutions for both Fernhill and Broad Beach before anyone else – puppy or person – gets killed.

Jo Giese

Coastal Commission agreement violates Coastal Act

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Last week an L.A. County Superior Court judge held that the donation of land along La Costa Beach by home builders Nancy Daly, Eli Broad and Chaim Saban to the California Coastal Commission in compensation for unfulfilled view corridor requirements on their own properties “violated the basic purposes of the Coastal Act.”

The commission had granted Daly, Broad and Saban permission to build three luxury homes along Carbon Beach in Malibu without the requisite 20 percent public view corridors if they purchased and transferred ownership of an equivalent 80-foot wide undeveloped parcel to the State Coastal Conservancy.

However, presiding Judge David Yaffe reasoned that the swap did not add to public visibility since the existing undeveloped lot already provided a view. In fact, he said the exchange might even reduce the sea view along the coast in the event that the land is developed and then presumably only subject to the 20 percent view requirement.

La Costa residents also argued that the commission had acted irresponsibly by granting the permits without first sufficiently evaluating the situation.

“The Coastal Commission didn’t consider the trash, the crowds, traffic, safety or beach management issues,” said Jody Siegler, president of La Costa’s Homeowners Association. “There aren’t any small restaurants in the area and no communal facilities to accommodate the public.”

Mark Beyeler, who works for the Coastal Conservancy, the agency that acquires and manages coastal public property, said they plan to close the beach at night, orchestrate crews to clean the area and arrange parking along the coastal side of Pacific Coast Highway in front of the beach.

A related but separate suit against the Coastal Conservancy by the homeowners association is still pending in spite of attempts by attorneys representing the commission and conservancy to join the cases.

“It’s really a catch-22,” said Patricia Glaser, attorney for the homeowners association. “The commission doesn’t do anything with the property so when we complain that they can’t do this or that because there are a whole bunch of safety issues, they say, ‘Not us, the conservancy controls the property.’ The conservancy doesn’t take blame. They say, ‘We’re not responsible, we just take care of the property that is given to us.’ “

While the commission has the right to appeal Thursday’s court decision, the ruling may affect the practice of off-site mitigation altogether. By transferring the burden of view corridors to another property some distance away, said Yaffe, the parties have saddled their neighbors with whatever public intrusion will be caused by compliance with the Coastal Act.

“It’s as if I was required to install fire sprinklers in my home but instead, I installed them in a home two miles away,” said Siegler. “That doesn’t satisfy the obligation on my property. We should all be burdened with our own responsibilities.”