Beaches, bluffs, canyons, and beautiful estates make Malibu a prime filming location.

Malibu has been the backdrop to many TV shows and movies such as “Baywatch,” “Diagnosis Murder,” “Terminator 2,” “Lethal Weapon 4,” just to name a few.

Although generally the locals are tolerant of filming in Malibu, that tolerance ends when it impacts the city’s only lifeline–the Pacific Coast Highway.

Recently a film production took place on PCH and closed down traffic lanes during rush hour. Traffic quickly backed up for miles in a massive traffic jam.

Dr. Joe Fuscillo, a cardiologist who has lived in Malibu since 1979, experienced the dilemma first-hand in May.

“I, like others, commuted for hours and when I got to the area of obstruction and found out that they were filming, everyone was outraged,” said Fuscillo.

“They can film anywhere around the Pacific Coast, but under no circumstances should that highway be closed for filming.”

However, he added that this was the first time such a problem happened in the 20 years he has lived in Malibu.

PCH is never entirely closed because of filming, said Malibu City Manager Harry Peacock. The permit rules state that production companies are required to use an on-duty county Sheriff for any interim traffic control (ITC) during filming.

ITC on roadways is limited to three minutes maximum with no exceptions.

On occasion, the California Film Commission/CalTrans allows filming or parking on PCH

“They do their best to comply with the lane closure policies of the city,” said Peacock.

The last problem occurred on a video shoot in May where the lane closure for parking backed up traffic.

To help alleviate problems in the future, Peacock said, “We have coordinated with CALTRANS and the Sheriff’s Department to make certain this does not happen again.

“The city will no longer sign off on a permit until it has seen the permit issued by CALTRANS and made certain the policy of the city is being followed.”

In the case in May the regular CALTRANS employee who handles the permits and coordinates with the city was on vacation and the replacement did not follow established CALTRANS procedure.

“The city has received a letter of apology from the district director of CALTRANS for this error and his assurance it will be handled properly in the future,” said Peacock.

The City of Malibu issues an average of 500 filming permits per year, said Peacock.

According to Malibu resident David Katz, 29, a film actor, director and writer, as well as founder of the Malibu Film foundation, “The City of Malibu has a very well-oiled permit process.

“As long as you have proper information, the process is well-defined and easy,” said Katz.

Chris Wallace works for two production companies, which recently filmed in Malibu.

The two companies, Anomaly Productions and Greg Aronowitz and Associates, came together to film, “Off Side.”

“The permit wasn’t especially difficult to get,” said Wallace, adding that Malibu is part of the Los Angeles County permit zone.

Kim Collins-Nilsson handles all film permit applications for the City of Malibu. She has been the film permit coordinator for June 1.

However, Malibu city business is not new to Collins-Nilsson because she has worked as the Public Works Project manager for the city in the past.

According to Peacock, production companies must contact the California Film Commission, which in turn contacts CALTRANS and the city to obtain a permit. This process is set out in state regulations and any city that issues film permits (and not all do) are asked to follow the same guidelines.

The state wishes to be known as being friendly to the film business and to make it easy to film in California, he said.

The Malibu Municipal Code requires a permit for the use of any public right-of-way or any public or private property, facility or residence for the purpose of producing, taking or making any commercial motion picture, television or photographic production.

The city requires all productions to provide advance notice for all filming activities. A permit requiring traffic control, special effects, pyrotechnics or precision driving must be submitted two business days in advance for review and approval.

Production undertaken by non-profit organizations, educational or public service television, or student films requires an approved permit for which the fees shall be waived. No fees are required of news crews or non-commercial still photographers.

All sheriff and city services are paid for by the company that secures the permits; none is paid by the taxpayers of Malibu.

Peacock said that June 2000 was a typical month for Malibu, 52 permits were issued in all: 27 for still shoots, seven for videos, six for TV, one Public Service Announcement; six features, three commercials, and two student productions.

Malibu is not normally a location where an entire film is shot.

“We are typically a one-or two- day location,” said Peacock.

The most recent “big” project was the construction of a set on Westward Beach for the film “Pearl Harbor,” which took about three months to build and shoot the scenes, he said.

Westward Beach, in front of the Whale Watch Restaurant, is under the jurisdiction of the county of Los Angeles and therefore permitted by the Los Angeles County Film Office.

Filming is usually permitted from 7 a.m. to 10 p.m. as set forth in the policies, and a production company’s security arrangements are their own responsibility.

Malibu residents can rent their house for a shoot for 14 days without signature approval of the neighbors as defined in the policies.

To warn neighbors of potential disruptions, all permittees are required to distribute the City of Malibu Filming Notification sheet to all residents within 500 feet of the filming locations at least 24 hours prior to the first day of filming.

Residential notification is not required for still shoots with cast and crew of less than 10 people.

According to the City of Malibu, when special effects or helicopters are used, the permittee should generally obtain written consensus from neighbors within a radius of 500 feet of the filming activity and must notify neighbors within 1000 feet of the filming activity.

Generally, the more signatures obtained, the greater the neighborhood consensus and the greater the likelihood of permit approval by city staff. The same is true for after-hours filming.

When helicopters are used in residential neighborhoods the flight-path shall be over vacant property. The flight plan shall be on file with the city.

The city does not regulate the content of a shoot under a permit.

However, Peacock said that he does not personally know of any pornographic shoots that have taken place in Malibu. Any damage incurred during a shoot would be the responsibility of the production company.

City of Malibu

Permit fees, charges and deposits:

Motion Fee

Motion Application $600

Minor Revisions (Riders) $100

Beach Application $ 250

Cancellation Fee $ 200

Administrative Reimbursement and Property Use Fee:

City property or right of way (filming) $ 400/day

City property or right of way parking

Up to 60 vehicle spaces (@24′ each) $ 200/day

60 or more vehicle spaces (@ 24′ each) $ 400/day

City park fees: $35

processing fee

Park use fee $1,200-$1,800/day

Performance bond $ 500

Monitoring required $20/hour

Still fees:

Still Application $100

Minor Revisions (Riders) $50

Beach Application $ 100

Park Fee $62/hour

Cancellation Fee $50

All of Janet Baker’s possessions are in her car.

Though she has been a resident of Malibu for at least the past 20 years, raising her two children who attended local schools, while teaching children of Malibu herself, Baker can no longer live here.

At an income of $2,000 per month (which sometimes varies), she can no longer afford to stay in Malibu, where the average annual income is $249,000 and the average priced home is $1 million.

Baker currently teaches at Saint Aidan’s Pre-school, and for 10 years taught at Malibu United Methodist. She supplements her income by baby-sitting.

“I’ll take anything,” Baker said of her desire to make extra income to survive.

She had lived in a one-bedroom unit on Pacific Coast Highway across from Broad Beach for $600 per month for most of the time she’s been in Malibu. Grayfox Street was the location of her last residence until she was asked to leave, due to the recent crackdown on code enforcement laws that make it illegal to rent out guest houses or second units on most single-family residences.

Now, she has nowhere to live. She said she cannot find anything under a $1,000, or if there is anything at that price, it’s gone in a flash.

“They’re [rentals] either too high or gone too fast,” said Baker of her search.

Unfortunately, for the 20 percent of residents in Malibu who earn less than $40,000, with the rising property values in Malibu has come the rise in rental prices.

“Any time property values go that high it becomes exclusive,” said Mayor Tom Hasse in a phone interview of the problems renters face. “It does trickle down to the renters.

“People need to understand that when the property value is so high, it is difficult to do something [about rental prices],” said Hasse.

While Baker has been finishing the school year at St. Aidan’s, she has been staying with friends here and there, sleeping on couches to get by. Currently, she has a trailer to stay in, but still keeps all her things in her car, including all her books–she’s a story teller–which she has read to many children over the years.

In the past two weeks, Baker has gone to graduation after graduation to congratulate those children, former students of hers, and to say goodbye.

For Baker is leaving Malibu. Not that she wants to. She has no choice.

Baker is leaving this summer to go and live with her daughter in another state.

“It’s sad to leave this town,” said Baker. “Many parents have told me it’s the end of an era.”

She’s not the only one leaving either.

Single mom Lori Kerkar, owner of Hands on Therapy, a local business that provides therapuetic massage, has had her business here for nine years.

Her current rent is $1,500, but her landlords want to raise it by $300. Though her income is higher than Baker’s, with health insurance costs, self-employment taxes, and childcare for her 4-year-old, plus many other daily living expenses, she cannot afford the rent increase. As a result, Kerkar is moving to the South bay.

There are others who are finding it difficult to stay in this city where the rich and famous blend in with the local waiter, bartender, teacher, small business owner or student.

One single mother of two, ages 16 and 11, who prefers to remain anonymous, said she is “struggling to find housing” for her family.

She said she “races” to call about one bedrooms for rent only to find that they’re already taken, or that no one wants three people living in one bedroom. She and her children are presently living at a friend’s home, until they find a place.

She’s lived here for 15 years and said, “It’s the first time I’ve had such a hard time.”

City Manager Harry Peacock, who will retire this month, said of the housing problem in Malibu that it is a “statewide” problem and not unique to Malibu. He said there are people who work for the city who do not live here due to the high prices.

“Malibu is an expensive place to live,” Peacock said. “Not everyone can live in Malibu.”

“People who can afford [to live here] are people who worked very hard to be able to live here.” he said.

Of the code enforcement laws, Peacock said it is illegal to rent out guest houses or second units, including travel trailers. He stressed the point that the city has not evicted people.

Hasse said the city is awaiting a report from the Code Enforcement Task Force on the issue of renting second units or guest houses, as well as “home office” rules and the “grandfathering” issue.

While Hasse stressed that he does not want to predict or influence what the task force will do, he did say that to change the code is “a viable option.”

As to what choices the less-well-off residents of Malibu have in the meantime, Peacock’s words were, “[They] will have to move to other communities.”

Malibu had fireworks on the 4th of July, not just one display but two, one in the ocean off Ramierz Canyon and the other off Broad Beach Road.

Bully for us. Now the intrigue. The company producing the fireworks displays, Pyro Spectaculars of Rialto, was very closemouthed about who was paying for them.

A spokesperson said the benefactor’s identity was confidential. A guard at the Malibu Colony Homeowner’s Association said the benefactor was “a private bank” but declined to name the bank.

The person producing the fireworks is Jean Starr, a 51-year-old, Bellflower grandmother who started producing fireworks displays in her spare time while she worked for Sears selling auto parts. She quit Sears and became a show producer in 1986. Starr passed a written test by the state of California and produced hundreds of shows. She works for the Souza family, who have owned the company since 1905.

Among Starr’s credits; the 1996 Olympics in Atlanta, the 1985 Statue of Liberty Centennial and the 50th Anniversary of the Golden Gate bridge. Pyro hired her over 1,000 freelance pyrotechncians for the 4th of July weekend. Malibu was assigned about 20 of them, working on two different barges brought up by tugboat from Long Beach, and anchored well offshore. Because it is the millennium year, some special millennium shells were ordered, which Pyro spokesman, Ron Smith, said will be “special.”

Planning a fireworks display is similar to doing choreography for a dance number. Starr has all the fireworks bar-coded and laid out in a line so she knows what the show will look like, explosion by explosion. She can re-arrange the order to achieve various effects. Any music will have to be provided on land, as her technicians are too busy firing off the fireworks in the correct order.

Smith said wind direction is looked at, but “the barges are anchored well enough offshore that there is no worry.”

Two permits were issued for fireworks displays and fire officials were aware of the displays. The Coast Guard was also on duty to prevent any private boats from getting too close to the barges firing off the fireworks.

Editor’s note: p.s. Just before we went to press we learned that, in fact, there were at least three fireworks shows (which,, of course, doesn’t count the unsanctioned displays) off the Malibu coast, with the third in the area of the Colony.

Round two of the 15-round battle over the fate of the Malibu Civic Center is currently before the City Council in a series of public hearings.

In this round the council has to decide if it wants to send the proposed plan out for an Environmental Impact Report (EIR).

If the plan is set out for an EIR, a consulting company will be hired to evaluate the proposal, assess the environmental damages, if any, suggest some mitigation alternatives, and hold public hearings and take public comment. It ultimately comes back with a very fat report, which then becomes the basis for a series of further public hearings by the Planning Commision and then the City Council.

Whereas round one was a private negotiation between the Malibu Bay Company and the City of Malibu, represented by the Ad Hoc Committee of Tom Hasse and Joan House, this current round is the beginning of the public process where the opposition gets to give their input publicly.

In the two hearings held to date, the 20 or so opponents of the proposed plan have been coming to the podium to rail against the plan and to demand that the City Council short-circuit the entire process and not even bother to send it out for an EIR. Their message to the council is basic and simple–vote it down and end it now. And, just in case the council isn’t listening, they intend to back up that message with a campaign for a ballot initiative. Signatures are now being collected at several of the Malibu markets to require that all commercial projects of more than 25,000 square feet and requiring a variance, which is most projects, should first go to a vote of the people of Malibu.

Who are these people and what is their message?

Many of those who appeared to speak against the plan are the operational political cores of the Malibu Zero-growth movement. Although a few are new faces, many have been around from before the beginnings of Malibu cityhood (see the roster of the players), actively involved in the past and generally successful in the arena of Malibu cityhood politics. They were the proponents of many of the alphabet soup organizations of Malibu politics. Organizations like MGM, Stop, Road Worriers . Over the years, particularly lately, there have been defections or expulsions, depending on your point of view, of some of the less zealous zero-growthers. In fact, four of their former members and allies, Joan House, Ken Kearsley and two of their best political brains Tom Hasse and Sharon Barovsky, now sit on the City Council. The relationship between these former friends and the current zero-growthers is, at best, strained.

As a political force their first really major defeat was in the last City Council election when the patron saints of the zero-growth movement, Walt Keller and Carolyn Van Horn, were overwhelmingly rejected at the ballot box by a margin of almost 2 to 1 in every single precinct in Malibu. The zero-growth battle against the proposed Civic Center plan and their championing of the initiative is the beginning of their battle for political resurrection. Their appearance in force at these hearings is, despite what they profess, not really a serious attempt to block the council sending the proposed plan out for an EIR, which it most certainly will do unless there are some major defections. What it does provide is an organizational and fund-raising tool to help raise money for the initiative drive and to try and rebuild a core group for the upcoming November council election, They most probably will run a candidate for the completion of Harry Barovsky’s seat, now held by Sharon Barovsky by council appointment.

The major arguments they’ve put forward in opposition to the proposed development plan are these:

• The Civic Center area should be down zoned

• The city or some agency should take the Civic Center land by eminent domain

• The development will create significant wastewater problems

• Variances and density bonuses are being granted and we’re not getting enough back in return

• Instead, we should have a city bond issue to buy the Civic Center

• There has been no independent appraisal of the land value

• There should be an EIR for the entire Civic Center and not just the Malibu Bay Company land, which is roughly half of the Civic Center.

There are, of course, many more arguments against the project and many rebuttals to those arguments. As this paper hits the streets, the last of the three public meetings is being held. The issue then returns to the council on July 12 for a vote whether to send the plan out for an EIR. If they vote to send it out for an EIR, there will be a public notice to alert everyone, including all the interested public agencies, to give an opportunity to indicate what they would like to see included in the EIR. All the steps and procedures are dictated by the California Environmental Quality Act. (CEQA)

Malibu Bay Company deal

Malibu gets:

• 20-year agreement with amenities, which include a 18.87 acre Pt. Dume parcel gifted to the city

• $5 million gift to toward building community center/ ballfields

• 25.54 acres given to wetlands/ open space

Three parcels in the Civic Center

One parcel in Trancas

• 10 year delay in building out on the 19.61 acre Chili Cook-off site and adjacent one-acre site

• Overall reduced commercial square footage from the IZO and general plan

Malibu Bay Company gets:

• 122,261 square feet of new commercial space

89,000 in Civic Center

33,261 in Trancas

• 20 new single-family homes in the Trancas and Trancas Beach area

• In 10 years, the right to build another 155,046 square feet in the Civic Center to include four theaters with a total maximum of 500 seats.

After a long process that involved winnowing down to a few finalists from more than 50 applicants and then holding a series of personal interviews, the Malibu City Council has made a decision in appointing a new city manager.

The Council has chosen Marilyn Leuck, a veteran of many years in city management in several cities and in numerous posts, to be Malibu’s new city manager.

During a phone interview at her home, while cooking for a July 4th celebration, she said she was enthusiastic about the new job and was looking for a home.

“It’s a wonderful opportunity,” Leuck said. “Malibu has unique opportunities and issues. I hope I can be part of taking advantage of the opportunities and also taking care of the problems.”

Leuck, who is single and lives in Ventura, said she anticipates commuting for the first year and later finding something closer, which she’s discussed with the council. She said she wanted to first settle into the new job without the disruption of moving.

Leuck is a 1972 graduate of Arizona State University with a bachelor’s degree in Political Science and obtained a master’s degree in Public Administration two years later. She is also a certified Industrial Engineer (1975).

Her professional career has been spent in city governments where she has served most recently for three years as Administrative Services Director for the city of Ventura, a charter city of 100,000.

Previously, she was city manager for nine years, for the city of Hercules, a growing small municipality of 20,000 in Contra Costa County. She was also involved in the process of constructing public facilities and infrastructure. Before that she was assistant city manager of Novato, for four years, and held several earlier posts in the cities of Chula Vista, Chandler, Ariz. and Phoenix, Ariz.

She has been active professionally as president of several regional government risk-management groups in Marin County and Contra Costa County, and had an active role in the League of California Cities City Manager’s Department–serving on the executive board of directors and as chair of the Economic Development Task Force.

Leuck participated as a member in a number of community organizations including the Hercules, Novato and Ventura Chambers of Commerce, Board of the West County Public Education Fund, the Ventura Rotary, YMCA, and as a volunteer at the Boy’s and Girl’s Club of Ventura.