I have always said that I would never write that dreaded “letter to the editor” that so often in Malibu opens one up to personal attacks. However, my husband and I can no longer stand back, as we have some serious concerns and questions as to how our city government process works. I speak as well for several Bonsall Drive neighbors. We are being ignored by the City of Malibu, the Malibu Stage Company (MSC), and the Point Dume Community Services District (PDCSD).

Over several years, the MSC has been attempting to raise funds for its operation. The property it is leasing directly abuts several Bonsall Drive properties and its activities in our residential zone greatly impact us. The MSC began its relationship with us by attempting to rezone the property to Institutional from RR2 with no notification by them or The City of Malibu to us. We accidentally learned about this, and with some effort were able to stop the change so that we could preserve our neighborhood character.

To stop any more unwanted activities, I and several neighbors attended a city planning commission hearing that ended with a temporary use permit for the MSC with strict conditions agreed upon by us neighbors and the board of the stage company. That board of the theatre is no longer seated. The most important point of that CUP for this letter is that the property was to be used only for theatre productions and the activities needed for these productions. Later the temporary use permit became a conditional use permit with the same specifications written in more concise terms but with the same intent. We thought we were coexisting in harmony with the MSC.

Recently it came to our neighborhood’s attention that the PDCSD was negotiating a contract with the MSC to use the stage property building. As this is a direct violation of the CUP, we neighbors organized a meeting to discuss this issue with all involved parties with the intent of being “up front” in the matter. The meeting was represented by: then Mayor Tom Hasse for The City of Malibu, Geoffrey Ortiz for the MSC, Nidra Winger for the PDCSD and eight concerned neighbors. We neighbors left the meeting with the impression that all parties understood that this joint operating venture was in direct violation of the CUP, and thus not allowed.

It appears that a contract is now being finalized between these two parties despite knowing that it is not permitted. The Malibu City Council may have acted without full knowledge of the conditional use permit when they funded the MSC. Has the City Council tied its funding for the MSC to a joint operation agreement with the PDCSD? The site is not even on Pt. Dume.

The MSC’s CUP has expired. To reinstate it in its original form would still not permit these uses.

There must be a hearing and I’m concerned that a hearing would be prejudiced by this commitment of funds. I know of two past violations of the CUP by the MSC. They have not acted in good faith.

We’ve made every effort to be reasonable, but at this point can only feel that we’ve been ignored and that the process has been compromised. We want to be treated directly and honestly.

Margaret and Al Giuliani

In the April 26 issue of the Times you stated that “Liebig sparked the meeting’s first controversial tone by questioning what he claimed were inconsistencies between the (Civic Center) draft design guidelines and the General Plan that was adopted in 1995.”

The Times went on to incorrectly state that “… former City Council candidate John Wall echoed Liebig’s concerns over the legality of the draft design guidelines.”

I neither “echoed” nor expressed “concerns” of legality. I stated that it was my understanding that the city staff had indicated that the “guidelines” were only advisory to developers and did not have the force of law. I noted that they indicated a new road and intersection, and a maximum structural height of 32 feet.

The first of these would require a significant city expenditure, and the second, under present law, require a variance. I suggested that a developer might reasonably rely on these guidelines in developing his project, and that if the variance and road funding were not then provided by the city, the developer would appear to have a reasonable basis for collecting significant damages from the city.

I then asked Councilperson Jennings, as an attorney, if I was correct in this. He did not choose to answer the question directly, but stated that before the guidelines were adopted, they would be consistent with the IZO and the General Plan, even if this required a change to the IZO and General Plan. He did not comment on the funding for the roads and intersection, or on the various hearings and possibly required General Plan EIR.

The only opinion I expressed was in answer to Councilperson Jennings’ request that the audience tell him what they wanted to see in the guidelines. I suggested the following:

(1) an indication of the flood plain and the effect of development in the flood plain on properties outside its present boundary; (2) an indication of the Civic Center liquefaction zone and what type of special construction would be required to meet the safety requirements; (3) the location of the Malibu Coastal Fault and the limitations on construction near it; (4) the effect of disposal of waste water into the ground on the water table throughout the Civic Center area, and the effect of this on other properties; and (5) an allocation of square-footage by “uses” between the various Civic Center properties since the city’s reports imply that virtually all of the requirement for commercial and office space will be provided by a single project which is now in the “pipeline,” thus denying other property owners of those uses.

John Wall

Spring is in full bloom in the hills of Malibu so naturally Mother’s Day and the annual Cook’s Tour cannot be far behind.

Sponsored by the Malibu Methodist Nursery School, Kay Gabbard, director of the school, is the mastermind behind this very popular event now in its 15th year.

The tour proceeds go directly to providing scholarships for families who otherwise might not be able to send their children to nursery school.

Having these children in the school promotes diversity and gives them a sense of belonging, says Gabbard. “It’s about warmth and caring and high self-esteem and genuine concern for the children.”

Friends, staff and parents plan the entire event that takes place on May 12. Four magnificent homes are open to the public for tours and sample gourmet meals are prepared at each home by gourmet chefs. Guests will have an opportunity to purchase baskets with themes for Mother’s Day and a variety of other gift baskets.

The homes that are featured on the tour range from a traditional craftsman structure with mission furniture and an unexpected mix of modern materials to a ranch home just steps from Encinal Bluff with exterior walls made of granite chunks that curve outward and a breathtaking view of the Pacific. The third home, an Italianate villa perched high above the coast offers views of lush rolling hills, horse corrals and stables. The home boasts 91 mahogany interior doors and a trompe loeil ceiling hand-painted over a one-year period. The final tour takes place at a Mediterranean Villa with acres of rolling lawns that seem to stretch endlessly to the ocean. This 12,000-square-foot home has a screening room with THX sound. A wisteria-laden patio beckons from outdoors.

This very popular event begins at 11 a.m. and ends at 3 p.m. Tickets cost $45.00 and can be purchased by calling the school at 457-5144. According to Gabbard, this event sells out very quickly.

Ending the school year with a bang, the Pepperdine Rotaract Club spent the weekend of March 30-April 1 in San Felipe, Mexico with a heart for service. The group of 30 Pepperdine students and faculty members, under the direction of Rotaract’s International Service Chairperson Nicole Bowden, crossed the border with supplies for painting and repairing a multipurpose building in one of the city’s community centers.

“The most interesting part of the project,” reported Rotaract member Chris Bowman, “was figuring out how to make the fifty different colors of donated paint into two uniform colors, let alone make it aesthetically pleasing.”

In the end the group was successful in concocting enough of a mint green color to cover the exterior of the building with a salmon colored interior.

During their stay, Rotaract members also had the opportunity to explore the city and interact with some of the local children. While the local boys engaged themselves in soccer matches against the university students, the girls were eager to help prepare bags of dried rice and beans that were later distributed to the community.

“The kids were shy at first,” said member C.J. Clavero, “but after they warmed up to us you could see some of the students painting while giving the kids piggy-back rides. I feel like we really bonded with the kids and with each other on this trip.”

This has been a dynamic first three months for Pepperdine’s Rotaract Club under the leadership of student president Seth Haye and Malibu Rotary International. At the core of the group’s focus is service. The Mexico project marked the eighth completed service project this semester and there are three more scheduled before the close of the school year.

Pat Benatar, an icon of the ’80s pop/rock scene, with husband Neil Giraldo, performed at the 8th annual Free Arts for Abused Children Gala luncheon and fashion show on April 25. The gala benefits a program that offers opportunities for children who may not be exposed to arts otherwise.

The event lasted three hours at the Landon Estate in Malibu.

“Neil and I have chosen to be involved with the Free Arts for Abused Children first and foremost because we love kids,” said Benatar. “Since 1980, after writing ‘Hell is For Children,’ we became activists in the fight to protect children at risk.”

It is believed that arts can help children find a special healing place within themselves, especially so when they face difficult circumstances, allowing them to express themselves through the medium in various forms.

The event included a silent auction, a luncheon catered by Monrose Catering, a fashion show by Theodore and special musical performances including Benatar and the children of Cindy Landon and late actor Michael Landon.

Jennifer Landon, 17, and Sean Landon, 15, performed in the company of Prescott Niles (from the new wave band, The Knack) and son Noah, Liam Springthorpe, son of Rick Springfield, and Bruce Gary, also a Knack band member.

“It was the best event ever as far as attendance,” said Lee LaPlante, who is on the luncheon gala committee.

“We’re a community of people that does things for one another,” said Geoff Petch, master of ceremonies, as he spoke to a sold-out crowd of about 400 people.

Jennifer Landon spoke about her personal feelings when she lost her father at an early age. Understanding that each person faces hardships differently, but that arts can help heal deep within, she decided to take part in the event, hoping to help others.

Free Arts was born in Malibu when Elda Unger, founder, had a vision to share arts with children worldwide.

According to the organization, the generosity of people and the active participation of 1,000 volunteers allow Free Arts to touch the lives of 46,000 children in 106 facilities in Los Angeles and Orange County so far.

Music, dance, drama, writing and painting, and other avenues of creativity offer children an emotional channel that enables them to release anger and develop positive methods of communication, say organizers.

“This is a dream that has really come to fruition,” said Judith Stotland, executive director for the organization.

I was prompted to investigate the allegations contained in recent articles and letters appearing in Malibu’s newspapers to the effect that the city is now paying to Christie Hogin’s firm approximately twice the amount of the compensation she was receiving prior to the date she discontinued as city attorney in June, 1999 and that according to an April 14 letter from the Malibu Township Council (“MTC”), the city attorney costs were greater under Hogin than under Steve Amerikaner, her predecessor.

The facts belie the allegations. Under Hogin’s new contract, her fees are approximately the same as the city paid for her department during her prior tenure, and clearly less than Amerikaner’s fees. Further, the city is protected against escalating fees based only on hours worked and hourly rates.

Prior to the cessation of her services, Hogin was an employee of the city and the city not only paid her a salary, but also paid for all of the expenses in her department, including, but not limited to, a paralegal and all the fringe benefits to which employees of the city are entitled. The cost to the city for the legal department (including Hogin’s salary) during her tenure, at or about the time of her termination, averaged approximately $210,000.00 a year, subject to changes in costs for employee benefits, etc., which usually trend upward.

Under the city’s new contract with Hogin’s firm, her services are rendered as an independent contractor at a fixed amount, not as an employee. She is responsible for compensating her own paralegal, as well as all other ordinary expenses and neither she nor any of her employees are entitled to fringe benefits from the city. The city’s cost for general legal services payable to Hogin will be $216,000.00 annually ($18,000.00 a month). Further, the city can terminate her contract at any time without cause on 30 days notice without penalty or termination pay. Hogin informs me that she averages between 120-150 hours a month in connection with her services. That equates to approximately $133.00 an hour, $63.00 an hour less than her predecessor’s hourly rate of $196.00 an hour.

As to the MTC allegation that “the annualized legal cost ($314,504.00)” . . . paid to Amerikaner “was about $233,516.00 less than the lowest fees incurred during the tenure of Christie Hogin” the method adopted by MTC to arrive at this conclusion and consequently the conclusion itself is incorrect. For the designated year, Hogin’s fees were calculated by MTC by adding to the fees paid for her department ($216,710.00), all other fees ($331,310.00) paid by the city to outside litigation counsel. MTC did not include any fees paid by the city to outside litigation counsel during the designated year in the fees attributable to Amerikaner. Consequently, the MTC “comparison” is totally distorted.

Using MTC’s own figures, an accurate comparison of the cost for city attorney’s fees discloses that Amerikaner received $314,500.00 for the designated year and the city paid $216,710.00 for Hogin’s department for the designated year, $97,794.00 less than was paid to Amerikaner. The difference in compensation for the attorneys is consistent with the difference in their hourly rates.

Nothing contained in this letter is intended to nor should it be construed to be in derogation of the former city attorney, Steve Amerikaner, for whom I have the highest personal and professional regard.

A. David Kagon

Once again, I write to you on behalf of the Malibu Community Labor Exchange (MCLE Center), a project that I hold close to my heart. At times like this I wish I had the power of a President Josiah Bartlet of “The West Wing.” As President, I would help the Labor Exchange by whatever means available to that high office. But the reality is that it takes more than the magic of television to sustain a real world project.

For those who don’t know, the Labor Exchange is a hiring site for skilled and unskilled workers. The center serves 60-75 persons per day – over 4,000 registrants of all races and ethnicities, living at or below poverty level. Last year, more than 8,000 day jobs were facilitated at the center and since 1993, scores of very poor and homeless individuals have found regular work that began with a day job from the Labor Exchange.

Malibu volunteers who share the belief that no community, city, or nation can ignore the existence of poverty opened the Labor Exchange in 1993. The City of Malibu provides a $15,000 grant that covers approximately 15 percent of the center’s budget. However, the board must still raise $65,000 annually to keep its doors open. And for the last three years, in spite of being strapped for funds themselves, they continued to support a project that was not their financial responsibility but a moral imperative – that is the Malibu Emergency Cold/Wet Shelter. This season alone, the project provided local homeless with 30 rainy nights of shelter and hot meals donated and cooked by local volunteers. But the cost of the project, primarily insurance, has put the MCLE in a serious financial deficit.

The shoestring staff is made up of one full-time person, my friend, Oscar Mondragon, former board member of the United Farm Workers. Many of the Labor Exchange Board Members, including its executive director, have worked gratis for 10 years. The Labor Exchange has been honored by the L.A. County Commission on Human Relations, the Staples Center, and locally, with a Dolphin Award.

Please make a generous tax-deductible contribution or enter the Rotary sponsored $10,000 Reverse Raffle (see entry form this page). The proceeds will go directly to this fine community-based project, the Malibu Community Labor Exchange, so they can continue to deliver to Malibu’s working poor, the opportunity, respect, and hope that every human being deserves.

Martin Sheen