Arnold G. York/Publisher

Questions about the Malibu Bay Company/City of Malibu development deal dominated Monday’s council meeting as the forces of opposition led by Gil and Joanne Segel and a dozen or so of their supporters from the Malibu Coastal Land Conservancy (MCLC) tried a number of stratagems to derail the prospective deal.

At the top of the list is the MCLC proposed ballot initiative in which Malibu voters will ultimately have to decide if they want the opportunity to vote on pretty much every proposed commercial development of more than 25,000 square feet. The signatures gathered in the initiative campaign by MCLC to put the measure onto the ballot are currently being checked by the L.A. County Registrar of Voters. If they don’t finish the counting job by Aug. 11, it will be legally too late to get the measure onto the November 2000 ballot. Several from the MCLC group came to the podium and charged that the city was manipulating the signature verification process to delay the initiative, to slow it down and keep it off the November 2000 ballot. An obviously frustrated Mayor Hasse responded to them that it was not the case, that there was a legal process set forth in the statutes for handling initiatives and that process was being followed.

Perhaps fueling the paranoia of MCLC advocates Dan Frumkes, Marcia Hanscom, Steve Uhring, Marilyn Dove and Tami Clark was the council’s decision to put two of their own referendum matters onto the November 2000 ballot for the voters’ decision. In the first, which they passed unanimously 5-0, Malibu voters will be asked for an advisory opinion–if they would be willing to pass a bond issue for $15,000,000 to buy land for public parks, wetland and other public amenities. In the second referendum, in a 4 to 1 vote (Jennings dissenting), they decided to put the ultimate decision on the proposed Malibu Bay Company Development deal onto the ballot.

The MCLC group spoke vehemently against putting the council’s referendums onto the November ballot charging they would only muddy up the issues and confuse the voters, however, several councilmembers said that the Malibu voters were educated and wouldn’t have any problem sorting out the issues. They called the MCLC position hypocrisy because on one hand they were advocating a public vote, providing it was on their initiative, but resisting a public vote on anybody else’s.

The council did agree 5-0 to instruct staff to begin the process of analyzing the impacts of the proposed MCLC-Segel Ballot Initiative and directed all city department heads to look into some of the following; consistency with state law, impacts on permit streamlining process, impacts on affordable housing, costs of defense, impacts in situations where counsel must make findings, coastal act conflicts, fiscal impacts from special election and any other legal problems.

The development deal, which was originally on Monday night’s agenda, was continued the next council meeting in August, to allow time to make some corrections in the property appraisals.

Next council meeting

At the next meeting the council will vote on the final version of both referendums again; also, whether to send the proposed development deal out for an EIR, over the objection of the MCLC opponents, and whether the MCLC Initiative will get onto the November 2000 ballot, if it makes it back from the Registrar of Voters in time.

Point Dume Preserve

The council, in a 5-0 vote, over the objection of some neighbors who still don’t like the idea of parking on Point Dume near the Headlands Preserve, put their stamp of approval on a legal settlement between the city, the Coastal Commission and State Department of Parks and Recreation. Their decision ends a multi year tumultuous battle between the city and the Coastal Commission in which the city made the area around the preserve a “No parking” area and then put down large boulders alongside the preserve on the state’s right of way to prevent parking. An incensed Coastal Commission had initiated enforcement action against the city for doing it all without a coastal permit and threatened the city with large fines. The final deal the parking was cut from 32 spaces to 10 spaces plus a shuttle bus. They’re still working out the exact location of those parking spots and the neighbors are still threatening to sue.

Home Occupations and Code Enforcement get relief

The Building Department, speaking in a much more conciliatory tone put into writing many of the building department policies concerning code enforcement, and the council ordered them adopted as council instructions to staff in a 5-0 vote. They also tried to address council concerns about people being evicted during this interim period while they, the council, are trying to decide where they want to go with changes in the codes. Building Official Vic Petersen articulated what he saw as the underlying philosophy of enforcement by saying, “As long as it’s safe, it’s OK (see Page A1).

In other action the council

• Heard several attacks on Pepperdine University for dumping water into Marie Canyon adjacent to the school, which several speakers felt was undermining the stability of Malibu Road Assistance was requested at Pepperdine’s upcoming hearing before the Regional Water Quality Control Board on their permit;

• Delayed action of the beach string-line issue to the next meeting to allow staff time to work out the wording, but indicated their intent to develop some uniform string-line standards; one for decks and another for houses, to try and eliminate some of the beach warfare that has taken place lot by lot over the past few years

• Agreed to proceed on a twin-track to explore the reopening of Rambla Pacifico Road, closed since a slide in 1984. One track is for a smaller private road project with a gate paid for by the local homeowners (many have agreed to pony up $10,00 each plus annual maintenance), or alternatively some public project either over or around the old slide, done through a special district.

• Agreed 5-0 to hire retired City Manager Harry Peacock to continue work on the MBC/ Malibu Development deal over the opposition of the MCLC -Segel group, who thought someone else would be better.

• Agreed to extend and link up unconnected pieces of the DG horse trail across the street from Malibu High School.

The beetle is a hero,

Whose song is most unsung

It is born, and then it procreates

And thrives by eating dung

The ancient wise Egyptians

(while acknowledging its worth)

Made the bug a symbol

Of life, death and rebirth

They worshiped him as Khepri

Who symbolized the Sun

Rolling through the heavens

With his giant ball of dung

Every Egyptian lady

Her status to reflect

Had a Scarab Beetle necklace

To hang around her neck

We should also praise the beetle

When the weather’s wet and hot

‘Cause we can smell the flowers

Instead of you know what!

Geraldine Forer Spagnoli

Some of you have asked me why I’ve started covering the City Council again, and a word of explanation is probably necessary. Part of the reason is that I’m training some new reporters, and to do it right you have to be there, at least for a while. Part of the reason is that some of the dailies have discovered that any political reporter who cuts their teeth in Malibu working for The Malibu Times can cover politics anywhere and they’ve taken to raiding us, which fills me with both great pride and a deep sense of anguish.

Part of the reason is we’ve had major changes in our city government and after 10 years of some very familiar faces, like Walt Keller and Carolyn Van Horn, there are many new faces on the scene and I want to get to know them.

Within the last year we’ve gotten Sharon Barovsky, Ken Kearsley and Jeff Jennings onto the council and that changes the chemistry. Add into that mix the new City Manager Marilyn Leuck, new City Attorney Steve Amerikaner, new Planning Director Barry Hogin, soon to come new Director of Administrative Services to replace Bill Thomas who is leaving and major changes on the Planning Commission. It’s obvious that we have practically replaced our entire executive team.

As with any new group, it takes them a while to mesh, to work out their relationships and maybe even some time before they discover each other’s hot buttons.

In the meantime, everyone is being very civil, as evidenced by a number of 5 to 0 votes. Even where there are disagreements, councilmembers have been much more civilized and the discussions much more rational than earlier councils.

It doesn’t always make good copy, but it’s kind of nice to see.

It’s also pretty clear to anyone who sits and watches the council, staff and Planning Commission regularly that we have been very fortunate and have some very bright people involved in our government. This is a good thing for Malibu and sometimes a tough thing for me as a reporter. As a general rule, really bright people are less inclined to make really dumb statements, and they always can find a half dozen good reasons to disguise what it is they really want to do.

For example, I sat through the last council meeting and listened intently to the proposed referendums. After it was said and done, I still couldn’t make up my mind. Was submitting the proposed Malibu Bay Company Development deal to the voters a way for the council to weasel out on their responsibilities and to pass off a hot potato to the voters? Or, was it really sound judgment? Hasse told me he figured the deal would end up in a referendum anyway, so there was no point in stalling. If the majority doesn’t want it, it won’t fly, so why not face the issue head on and put it on the ballot. I’m still not sure.

The Right to Vote on Commercial Development Initiative, which for the sake of brevity I’m going to call the Segel Initiative, since Gil and Joanne Segel are really the driving forces behind it, is being presented as a people’s right to choose. Is it as it’s being portrayed, the purest form of democracy, or is it in fact utter cynicism? Is it really just a group of people who backed the losing candidates in the last election, now trying to make sure that the people who did get elected have their hands tied, which I assume they want to do because they don’t trust them?

How you feel about it may depend on how you feel about representative government. Some people love those long ballots because fundamentally, they just don’t trust politicians. Some people want their representatives to use their judgment and not govern by ballot or polling. In any event, it’s going to be an interesting political season. The way it looks it’s going to take a staff of reporters just to cover the November ballot. And I need them, because I’m getting tired.

As some had predicted, the infamous Jackson Bill (AB 885) has come to life again. The proposed legislation would “shift regulatory authority for septic system standards /control from local governments, i.e. Malibu, to state water control agencies.” This bill was killed narrowly during the last legislative session. This proposed law has all the superficial trappings going for it–pure water, anti-pollution, a better environment, etc. Who would oppose it? Once it clears committee it will no doubt pass both houses–as all kinds of legislation, wise and otherwise, get through during the frenzied “last days.” The Governor would be hard-pressed to pocket or veto the bill if it gets to his desk.

What’s wrong with AB 885? It would impose stiff regulations upon all septic systems, regulations developed and enforced by bureaucrats removed–physically and organizationally–from the local scene. Input/recourse from these regulations would be utterly lacking. You may be certain that the typical septic system owner would be faced with the need for spending significant sums in order to meet these arbitrary regulations. This is a step backwards in our efforts to date of “controlling our own destiny.” We fought too long and too hard getting out of the clutches of “mother county,” now to be faced with “mother state.”

Unfortunately, some misguided and ill-informed individuals in Malibu are urging the county supervisor and City Council members to support AB 885. Let your views be known to the supervisor and City Council that you oppose this Bill–also our Assembly representative and our state senator.

No doubt, there are some septic systems in Malibu which need replacement/improvement. City authorities should take immediate steps to correct these situations, show that we are quite capable of dealing with these problems.

Leon Cooper

I thought I might submit this as it’s something of local interest. My name is David Coons and I recently went fishing with my good friend, Mark Baldi. I’m a resident of Manhattan Beach and I drove to Mark’s house in Malibu to fish from a kayak in the ocean. We intended to catch some calico bass, sand bass, white sea bass or halibut, but what ended up happening is we hooked up with four thresher sharks that far exceeded the capabilities of our tackle.

We were using medium action rods with 15 lb. test line. When the sharks hit our bait, it was like hooking a passing car going 50 mph. The four hook-ups we had in the hour we were out there all spooled our reels before breaking the line. The hook-ups were spectacular as the fish, that all appeared to be over 100 lbs., jumped out of the water after being hooked. Well, needless to say, we became obsessed with the idea of landing one of these huge sharks the next time we went out.

With the spirit of Captain Ahab, we went and bought a heavy duty rod and Penn Reel with 80 lb. test line and a 10-foot steel leader with a huge hook that would hold a whole squid. Three days later we ventured out. After Mark immediately caught an 8 lb. sand shark and a 10 lb. guitar fish, I finally got the heavier rod set up and dropped the bait in the water. Three minutes later the shark ran into my offering.

With the rod nearly jerked out of my hands, I reared back and set the hook sending the shark into a series of jumps. It was at this point we realized we weren’t going to be able to get this fish near the boat, as their tail can be deadly when whipped around, not to mention, if gaffed, we couldn’t even get it in the boat. So Mark started paddling back to shore which was 3/4 of a mile off.

I was straddling the back of the boat with this fish, testing every bit of strength in my equipment and forearms, not to mention the leisurely paddle Mark had before him as we dragged this anchor. After an hour, we finally reached the beach where I abandoned the kayak in chest deep water as a wave hit us, upending the kayak and swamping Mark and all our equipment. After faltering up to dry land, I was able to pull the tired fish to shallow water. Mark roped its tail and we dragged it up the beach.

To celebrate the conquest, we treated our friends to a 4th of July barbecue where we fed the village like the true sportsman and provider that we are.

It was the fishing thrill of our lives. It was definitely a job for two people and Mark and I still can’t go a day without talking about it. We caught it on July 3. It weighed in at about 120 lbs.

David Coons and Mark Baldi

Planning a weekend picnic? You might want to skip the ham sandwiches, unless you like a little listeria with your mustard and Swiss cheese. California’s Demes Gourmet Corporation recently recalled 1,800 pounds of hams that may be contaminated with listeria–a potentially deadly bug that can cause flu-like symptoms, meningitis and blood infections. Eighty-eight percent of people who are seriously infected with listeria end up in the hospital and 25 percent die.

Listeria isn’t the only nasty ingredient lurking in your ham. Every single bite contains a hearty dose of animal suffering. On a typical factory farm, pigs are crammed into crates barely larger than their own bodies, pumped full of hormones and antibiotics, fed offal and other junk, and then unceremoniously shipped to slaughter. Each year, 92 million pigs are killed in the United States alone.

And don’t forget that meat consumption has been linked to heart disease, cancer, obesity and many other debilitating diseases. Studies have shown that vegetarians are 30 percent less likely to suffer from heart disease than are their meat-eating counterparts, and 40 percent less likely to die from cancer.

Fortunately, consumers can still enjoy “ham” sandwiches without incurring health risks or promoting animal abuse. Health food stores and most large supermarkets sell a variety of vegetarian deli slices by companies like Lightlife and Yves Veggie Cuisine that have all the taste of the “real thing”–but none of the added cruelty or contaminants.

Paula Moore

As a mother and grandmother and resident of Malibu for 36 years and handicapped, I have to say that laws are made for everyone, not just a select few. . . and your claim to be a “Malibu mom in a mini-van” isn’t really a great accomplishment. Who in the world do you think you are? You are teaching your 9-year-old child that skirting the law is OK and if you can yell loud enough and profess to be something of importance you just might get away with it. A couple of years ago a young mother pulled into a handicapped parking space for just a second to take her son to his class room. He was anxious and didn’t want to go alone . . . and it was raining. She got a ticket and she didn’t go to battle over it. She accepted it and said she knew she did wrong. It’s ironic how in this day and age some people do not want to be responsible for their own actions. It doesn’t surprise me one bit that you are filing a complaint against the officers . . . that’s just the way people like you are.

Barbara Clark