This letter was sent to Mayor Joan House, City Council and Christi Hogain, interim city manager

The city has now fulfilled its legal responsibilities with respect to Mr. Broking’s request under the California Public Records Act by making available to him, for inspections and copying, all documents in the city’s possession regarding his inquiry.

In addition, the city has gone beyond its legal duties and secured a letter from the attorney who represented the city in the 1995 litigation, Mr. Terry A. Barak, who is presently a Los Angeles Deputy City attorney. Mr. Barak’s letter is enclosed for your information.

Mr. Barak states that the city’s contribution to the settlement of the claim was $7,500, which was entirely paid by the insurance carrier. Moreover, according to Mr. Barak, the carrier hired Mr. Barak’s law firm and thus the city incurred no out of pocket expenses for its legal defense. Typically, a city has no authority to select defense counsel regarding a claim covered by insurance, and has a duty to cooperate with the insurance carrier in the defense and settlement of the claim.

I believe that this information fully responds to the questions posed by Mr. Broking. I have deleted the customary “Privileged and Confidential” notation from this memo so that it may be disseminated to third parties at our discretion.

Steven A. Amerikaner

Malibu City Attorney

A contrast in styles of performance was in full evidence at UCLA’s Royce Hall last week as the young fiery saxophonist David Snchez and his quintet performed a “too short” (in Snchez’s words) wild, improvisational 40-minute jazz set, before legendary trumpet player Arturo Sandoval took the stage with his band on April 22. The brassy, loud, rehearsed, Vegas-style type of performance from Sandoval, and a much too long version of scatting by the Cuban performer, was a disappointment compared with the much more raw Snchez performance.

Sandoval, a protg of the famed jazz master Dizzy Gillespie, and who has had 12 Grammy nominations and awarded three, was the titled main draw of the evening. However, a longer stay by Snchez and his band would have been welcome.

Snchez, 32, said nothing as he and his band mates quietly walked on stage and immediately launched into a stormy set with his tenor sax, with serious alto sax player Miguel Zenn joining in what seemed like a duo that would break off into frantically different directions, but came smoothly back into a, if not carefully orchestrated piece, harmonized one nevertheless.

Snchez, who was born in Hato Rey, Puerto Rico, is young and infectious in what seems his absolute enjoyment of the music he plays. With a constant smile on his face, he eventually even got Zenon to smile. The bald-headed Zenon stared straight ahead as he played, eventually swerving his body in an S-shape motion as he got more into the music.

Percussionist Antonio Snchez really got the audience roaring with a solo later in the set. The group, which also includes bassist Hans Glawischnig, pianist Edsel Gomez and drummer Pernell Saturnino, looked constantly to Snchez to see where he would take them next.

The sextet played the 40 minutes without a break, and Snchez ended the set thanking the audience from the bottom of his heart for being there and sorry that the evening was too short.

Snchez at the age of 22 was invited by Gillespie to join his Grammy Award-winning United Nation Orchestra in 1991. He also toured the United States and Europe with the trumpet master and Miriam Makeba. His latest recording, “Obsesion,” which he produced with Branford Marsalis, received a Grammy nomination.

After the intermission, when the audience was eagerly seated before there was the dimming of lights, it took technicians about 20 minutes to finally get the piano and attached synthesized piano ready. The crowd started clapping, calling for the performance to begin.

Sandoval, of course, is considered a master, not only of the trumpet, but also the flugelhorn, and is an accomplished pianist and is also considered a renowned classical artist. His talents lie in many directions, he even sang “When I Fall In Love,” prefacing with the comment that “God has not graced me with the greatest voice.”

In contrast to Snchez, Sandoval talked to the audience, joked and introduced the pieces the band performed. His personality and demeanor resembled that of comedian Buddy Hackett, complete with glasses and belly. He played a lovely new piano composition, the best piece of the evening. But when he got to his scatting, which was amusing at times, but old when it went too long, audience members quietly began sneaking out. Perhaps because it was getting past 10 p.m. on a Sunday night, or maybe it just wasn’t their cup of tea.

As opposed to Snchez, Sandoval stayed on what seemed like a rehearsed track, with no room for improvisation–except his scatting of course. The other performers in his band took solos, with percussionist Samuel Torres taking a nice turn on the congas.

The talent is there, the showmanship and the music, but sometimes just the plain raw music is enough.

Entertainment Writer

YOU GOTTA HAVE FRIENDS

It looks as if Malibu is proving to be one heck of a popular spot with no shortage of “friends.”

Following their splashy seaside wedding last year, Brad Pitt and Jennifer Aniston have been doing some house hunting in our neck of the woods, hoping to make a move to 90265.

In the meantime, “Friends” co-star Courtney Cox and her hubby David Arquette have picked up a beachfront retreat for a cool $10 million. Their new abode has a mere three bedrooms, but the 4,500 square foot architectural gem is quite the showcase, designed in exposed concrete, natural wood and glass by the late John Lautner.

It seems the peer pressure is on for these pals — so can cast mates Lisa Kudrow and David Schwimmer be far behind?

TV TIMES

Malibu’s Kelsey Grammer is celebrating a new three-year deal with Paramount Television Group to continue his Emmy Award-winning “Fraiser” into an incredible 11th season. The milestone matches the longtime run of Kelsey’s other mega-hit, “Cheers.”

Martin Sheen, meantime, will be enjoying his presidential popularity for years to come. His critically acclaimed “West Wing” series has been picked up by Bravo, which will begin airing Oval Office episodes in 2003.

CITY OF ANGLES

“Life and Times” host Jess Marlow and his wife, Phyllis, were rewarded for their many years of hard work on behalf of the Hillsides Center for abused and neglected children and presented with this year’s Angel Award at the Keck Center. Also getting their wings are longtime benefactors Judy and Bernard Reiling, who discovered the institution when their daughter volunteered as a tutor while in high school.

The two couples have been a powerful force, helping the 88-year-old center raise more than $1.8 million.

The awards ceremony featured several touching testimonials from Hillsides children who explained how the organization had changed their lives. “Hillsides can keep a teenager from messing up,” said 14-year-old Maria Rivera. “They teach us the consequences. If it weren’t for them, I don’t know where I’d be right now.”

WHEELIN’ AND DEALIN’

Anjelica Huston and her sculptor husband Robert Graham will help the California Antique Dealers Association kick off its Sixth Annual Los Angeles Antiques Show at the Barker Hanger in Santa Monica this weekend.

From Art Deco to Native American to European Classical, the show draws 68 exhibitors from cities throughout the United States as well as Italy, England and Mexico. Every year, the showcase kicks off with a gala-preview and food feast benefiting the Women’s Guild of Cedars-Sinai Medical Center.

“As the premiere show on the West Coast, we draw collectors and aficionados from all over the country,” said Women’s Guild President Abby Levy. “Cedars-Sinai supporters will get a first-look at these exceptional offerings.” The show runs through May 6.

This past Saturday morning, the Malibu Township Council held a publicly noticed discussion about the Draft Civic Center Guidelines. Mayor Tom Hasse and Councilmember Jeff Jennings spoke in support of the Guidelines, and Jo Ruggles, resident and former planning commissioner, as well as a member of the General Plan Task Force. Jay Leibig, resident and former developer, and Charlene Kabrin, formerly of the Planning Commission, spoke in opposition to the Guidelines.

Mayor Hasse represented that the term “jurisdictional” carried the weight of law, and assumed that the people did not understand the difference between the term “jurisdictional wetland” and the term “historical wetland,” and indicated that the only jurisdictional wetlands in the Civic Center Area exist in the “Egret Pond.”

In fact, both the General Plan and the Mason & Mason report seem to belie that assumption. The City of Malibu General Plan of 1995 Conservation Policy 1.1.6 states, “The city shall restore Disturbed Sensitive Resource Areas (DSRAs)- (Note: The Malibu Creek Floodplan would be a DSRA if it is mostly a wetland disturbed by fill deposits.)” The term DSRA is, in fact, a term used by the state defining the basis for state “jurisdiction.”

The Mason & Mason report, an organization held in high esteem by Mayor Hasse, also appears to support the fact that the Chili Cook-off is, in fact, jurisdictional “… per a biological review prepared by the City of Malibu, artificial fill has been placed on the sites and the sites may be jurisdictional wetlands.” These sites are defined as potential restoration sites.” The Chili Cook-off area is located in the Malibu Creek Floodplain and therefore, by the Mason & Mason language, must be a DSRA, thereby falling under state jurisdiction. By the terms of the General Plan, the Chili Cook-off is required to be restored!

Steve Uhring, president

Malibu Coastal Land Conservancy

It’s interesting to note that the new water main about to be installed on the northern side of PCH at Las Costa appears to be within two feet or so of the boundaries of properties along the highway there. Now in Malibu, although a seepage pit or a drain field can be right next to a public road, neither can be within 10 feet of a water line. Hmm. For those properties, this seems to mean: 1. Existing facilities within about eight feet of PCH will have to be abandoned; 2. Any new facility for an existing system will have to be eight feet or more away from the highway.

Abandonment of the systems serving the old courthouse and the two commercial buildings along that part of the highway won’t be so bad because the people there can run home when they need to, but for those in residences, this could be a real problem. Having to go over to the beach club every morning is not a good way to start the day. First they take eight feet of our land, next it’s our guns.

E. D. Michael

The Malibu Road “Dogs on the Beach” issue has degenerated into a “pissing war” from which I urge all of my dog-loving soulmates to respectfully withdraw.

The lesson I learned years ago on a dark deserted mountain road with a broken down car was that all people do not speak the language of reason. Mr. Birenbaum has no ears for our position. I have enjoyed the letter writing efforts ranging from heartwarming to humorous in our well intentioned attempt to bring a reasonable end to this ridiculous dispute. However, each letter only fuels the fire of his crusade against us, as this one will.

So, I urge all of us to cease to take his “bait.” Without us, 50 percent of the argument is eliminated. Let this be the last letter from our camp.

No matter where the law comes down, there will be prostitutes, illegal drug use, abortion and, yes, dogs on the beach on Malibu Road. There aren’t enough Sam Birenbaums, Cookie Cutter videos, animal control officers or sheriffs to stop what many of us have been doing here for generations and will continue to do long after the Birenbaums are gone.

Before I close, I would like to thank Sam and Cookie Cutter for bringing about an alliance among forty-plus of my neighbors. We now have an elaborate telephone tree standing at the ready at first sight of Sam’s beloved animal control troops.

Farewell, Sam. Farewell, Cookie. The last word is yours.

Lynn Griffin