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Listen to reasons

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Since moving to Malibu, I have been a consistent reader of letters to the local papers, both for education and entertainment. I reluctantly find myself writing just such a letter, and for the usual reason, a land use issue.

A recent issue of the Surfside News carried an article in which the Malibu Coastal Land Conservancy was proposing to obtain the property commonly known as the Harris Tree Farm for use as a sports and community center complex. Setting aside the obvious intent to derail the Chili Cook-off/Heathercliff proposal, the Harris site is unsuitable for several reasons not noted in the article: 1. It is in the middle of a residential area; 2. It is not flat and would require substantial earth moving; 3. There is no means of ingress/egress that would handle the traffic for this type facility.; 4. There are easements held by one or more of the neighbors, one of which runs through the center of the property, that would affect the usable space; 5. The east side of the property includes at least as much of an ESHA as exists on the Heathercliff site; 6. There are known archeological sites on the Harris Property; and 7. As much as I believe Malibu needs to secure proper space for recreational and community activities, neither I nor my neighbors are going to sit idle and let someone else’s agenda ruin our property values, or our peace and quiet.

Gary Van Otten

Roundtable gets update on pier renovations

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The Malibu Pier was the main focus at the Business Roundtable Study Group meeting Friday.

Hayden Sohm, superintendent for the Malibu Sector of the Dept. of Parks and Recreation, reported the current status of the construction projects on the Malibu Pier.

“The bidding period for Phase 2 ended recently,” he reported.

The Roundtable is a group of business people who get together once a month to improve, overall, Malibu businesses and economic vitality through the cooperation of various city, business and community organizations.

According to Sohm, the pier should be completely remodeled, hopefully, by late Spring 2002. The bids for Phase 2 were recently opened and Meek Construction was approved to do the work, which is expected to begin in approximately two weeks. The construction company that won the $1.2 million contract has past experience with marine environment construction and it has successfully done similar work in the past, said Sohm.

Sohm said the 710 foot-long pier is currently open and available for public use while Phase 2 is in progress. However, intermittent closures may occur to accommodate the construction when necessary.

Phase 2 will include the completion of Phase I, which was not finished by the initial contractors. The state cut short the contractors work because of friction between the joint venture partners. The completion will include the replacement of pilings and bent caps. Other Phase 2 work will comprise the main stem of the pier, deck replacement and work to be done beneath the buildings at the end of the pier, as well as the completion of the railing and light fixtures. It will also include provisions to address the sewer system so impact to the environment is minimized. The food preparation building, adjacent to the former Alice’s Restaurant, will be torn down in Phase 2.

Cost issues involve hazardous materials because lead paint still exists on the pier.

The parking issue is still being debated because there is a concern about a shortage of spaces. Suggestions to lease a vacant lot across the street from the pier and making arrangements to use the Malibu Lagoon parking lot have been made by the Roundtable.

Phase 3 is expected to start in late Spring, 2001. The goal of Phase 3 is to work on the buildings so they can accommodate concessions. These concessions will be made available to bidders early next year, if the construction deadlines are met.

So far it appears that restaurants, sport fishing and other like businesses are what the public wishes to see on the pier.

A meeting for public input from potential stakeholders will take place Aug. 17, at 9:30 a.m. at Duke’s Restaurant.

Business and private interests are encouraged to attend, said Sohm.

New city manager tackles tasks

Marilyn Leuck, newly appointed city manager for Malibu, came to meet the Roundtable members. She answered questions about septic tank standards in recently introduced AB 885.

“Everyone agrees there needs to be standards,” “but the details still need to be worked out,” she said, referring to the bill making its way through the legislature.

“In a sense, Malibu is the smallest city I have managed with the largest problems,” she said jokingly.

Leuck said she has always worked in coastal cities; therefore, she is familiar with coastal city problems. She plans to stay and work for the City of Malibu for the next eight to 10 years, until she can retire.

Mary Lou Blackwood, Chamber of Commerce director, brought up an issue about the availability of city inspectors. She said the inspectors are often not available when someone comes to City Hall looking for their help. Blackwood suggested that a schedule be posted so people know when they will be at City Hall.

The Roundtable adjourned the meeting to the first Friday of September.

‘Spiteful’ attack on mayor

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In my opinion, letters written by people like Mr. Carmichael attacking the mayor without justification is just a spiteful action from a mean person, especially after the mayor had to publically explain that a parent’s uninsured health care costs had depleted family’s resources, furthermore Mr. Carmichael is not a party to any financial, or legal transactions concerning Hasse.

As I recall, Mr. Hasse’s traffic tickets did NOT involve a DUI, had NOTHING to do with speeding or reckless driving. If Mr. Hasse and two other councilmembers voted against speed humps, then perhaps Mr. Carmichael should consider that the MAJORITY of his neighbors on Point Dume did NOT favor the speed humps in the first place, according to responses in the media and council meetings.

When I watch Mayor Hasse on TV or read his comments in the newspapers, he is a very level-headed person, unlike his critics who, in Carmichael’s manner, are so quick to discredit those they disagree with.

Like Mr. Hasse, I too, once supported Walt Keller and Carolyn Van Horn. But it soon came apparent to me that they were extremely close-minded people who only listen to a small clique of a handful people in Malibu. These are the same people that put out the shameful videos. They run negative ads in the other newspaper. Same people that circulate petitions telling us to stop development forever, as if the law would permit such a thing given the fifth amendment.

If, for no other reason, Hasse has my support because he had the courage to stand up to these people,including Keller and Van Horn, who he once supported and said enough is enough. He doesn’t pull out “pie in the sky” schemes like 100-acre wetlands or manufactured flood plains on properties of people he doesn’t like. He puts forth real solutions that often involve compromise and negotiation. With Keller and Van Horn we would have gotten more of NOTHING.

Mr. Hasse has taken care of his personal finances and I wish well for his family’s health. Hasse is doing great as an elected official and for once we have a City Council that accomplishes tasks for the good the the Malibu majority.

James “Scottie” Scott

Who needs college?

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I’ve much information I’d like to impart

Some makes me angry

Some tears at my heart

The injustice for those who have blown the whistle

All the defects of the Minute Man Missile

The killer bees and off shore dumping

The cost to us all of illegal pumping

The oceans are heating, the rain forests depleting

The danger in processing the food that we’re eating

Congressmen paid by the RNA

The lead in our dishes

And Urban decay

I have all this knowledge without any limits

And I learned it all watching 60 MINUTES

Geraldine Forer Spagnoli

The legal battle

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Before the Malibu Right to Vote on Development Initiative could make it onto the November 2000 ballot, it had to jump a few major political and legal hurdles. The largest of the obstacles was those pushing the initiative had to collect valid signatures from at least 15 percent of registered voters in Malibu.

There are 8,524 registered voters in Malibu, and that 15 percent requirement meant they had to collect at least 1,278 valid signatures to make the November ballot. When the L.A. County Registrar of Voters completed their check of the signatures collected, the tally was 1,741 valid signatures; therefore, they had enough signatures except for one last legal hurdle.

The last hurdle was that a California State Elections Law, presently on the books for many years, requires that the people who circulate initiatives be registered voters, and also that they be registered voters in the jurisdiction. This means that since this is purely a Malibu initiative, they would have to be voters from Malibu. Since Segel and others pushing the initiative used, in part, a professional company that circulates petitions to get the necessary signatures, and half those circulators came from outside Malibu, the City Council had a legal question. The question they asked the city attorney was: “Has the initiative met the legal requirements to get on the November ballot?”

The written answer, given by the city attorney in his opinion, was in classic lawyer language: “a probable maybe.”

It was a “probable maybe,” not because the city attorney couldn’t make up his mind, but because in 1999 the U.S. Supreme Court, in a similar but not identical case in the state of Colorado, struck down an ordinance that petition circulators must be voters and said that “the First Amendment requires strict scrutiny of any state imposed requirement on persons who seek to circulate ballot initiative petitions because such activity involves ‘core political speech.'”

The California attorney general concurred with the U.S. Supreme Court, but this is by no means an open-and-shut situation. Under the circumstances, the circumstances being the uncertainty, it was City Attorney Steven Amerikaner’s opinion that the more prudent legal course was to put the matter onto the November ballot since, generally speaking, the courts tend to find ways to sustain the peoples’ right to vote on the issue. That, of course, doesn’t mean that if it were to pass, it still might not be put under legal attack for the way the signatures were gathered.

Deserves to get bumped

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Over the past several years I have tried in vain to curb the speeding that plagues Point Dume. During 1998 myself and several other neighbors from Dume Drive and Fernhill Drive walked the streets with a petition to install speed tables (3 inches high by 22 feet wide) on both streets. The petitions stipulated that the residents of the streets pay for the cost of installation. We were able to get signatures from 25 homes on Fernhill and 62 signatures on Dume Drive. This was a clear majority of the homeowners. When we went before the City Council that had authorized this petition we were turned down by a vote of 3-2. The deciding vote was by Tom Hasse.

I have just learned of the many driving violations this man has incurred and I think back on him setting self-righteously on the final judgment of a perfectly sane solution to speeding on Point Dume. He said, at the time, that he had an ’88 Mustang and that he didn’t like the bumps at Hughes Market and he was not prepared to vote for the bumps. Little did we as citizens know that as of June of that year it appears that Hasse’s own driving license was suspended.

With that flip remark, he had turned his back on the constituency that had elected him. Regrettably, I was one of his original supporters. To imagine the gall of this man with his secret, atrocious traffic record actually including himself in an important community decision on traffic control is simply beyond the beyond. For this act of deception and contempt alone he should resign from the City Council. I, for one, plan to revisit the City Council and request a new petition on speed tables to be voted on again. With the influx of more young families on the Point, I know we can get even more signatures today.

Tom Hasse should have the decency to let the citizens of this town conduct matters of health and safety with elected officials that don’t play fast and loose with the vehicular law and basic integrity. He is simply not fit for office. He should resign or we should recall him.

Bob Carmichael

Deregulation affects city revenues

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Over the past few weeks, the California System Operator, a nonprofit entity that provides 75 percent of the power to California, has declared multiple “Stage 2” emergencies. Rising temperatures have caused too many people to use too much electricity at the same time and power supply reserves ran under five percent.

However, aside from interruption that occurred after the big fires in 1993 and 1996, Steve Hansen, a Southern California Edison (SCE) company spokesperson, said that the City of Malibu has not experienced any major power outages.

“We’re keeping our fingers crossed,” he said.

During Stage 2, SCE activates its voluntary load curtailment program, under which large industrial, commercial and agricultural customers, as well as customers on SCE’s air conditioner cycling program, agree to have their power temporarily interrupted in exchange for reduced rates.

A number of people signed up for this voluntary curtailment program which was available in the late 1980s.

“In Stage 2 emergencies nobody is affected by power outages unless they signed an agreement,” said Hansen.

But aside from supply shortages, the electricity industry has undergone other changes that may have an undesirable impact on customers in the future.

A rate freeze, imposed since deregulation of the electricity industry began, has resulted in lower revenue for the City of Malibu.

Since deregulation, electricity customers in California and other states are among the first to choose the company that generates their electricity and provides them with customer service.

Initially, deregulation was thought to be a positive change that would save customers money. But these thoughts may have changed recently since some companies pay more to purchase the power they need than they earn from customers who still benefit from the freeze.

This freeze will last until 2002. The power exchange rates have averaged about 16 cents per kilowatt hour for the past few weeks while customers continue to pay 5.9 cents per kilowatt hour.

While other counties, such as San Diego which lifted the rate freeze, suffer from skyrocketing electricity costs, the current rate freeze in L.A. county continues to keep electricity costs lower for customers, at least for a while.

A preliminary quarterly tax revenue report for the Malibu indicates that the utility users’ tax revenues have dropped sharply since deregulation began in 1999. The city estimates that revenues will continue to drop in the next few years unless the cost goes up in the meantime.

Only a few companies such as DWP and Burbank and Glendale power authorities are not bound by the deregulation rules. Unlike Edison, they have made a profit during this summer because they generated more electricity than they needed and could sell the surplus to those who were in need.

Impact of more beach access worries locals

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The public may soon be able to access more beach area in Malibu if the state is successful in its effort to open additional vertical accessways to local beaches.

This has some residents worried about issues such as trash, not enough parking spaces and no restroom facilities for beaches that only property owners presently have access to.

Currently, there are 13 vertical accessways (points at which people can get from the highway or land to the beach) in Malibu that are open to the public. And there are 18 more potential points where access can be opened up.

In long ago deals, the California Coastal Commission required that beachfront property owners dedicate a portion of their property to public access in order to obtain permits to build on the beach. These deals were called Offers to Dedicate (OTD). The problem is many of theses OTDs will soon expire, because they only have a life of 21 years.

The Coastal Commission, along with the State Coastal Conservancy (SCC) and the State Lands Commission (SLC), is working to mitigate this problem by going through the formal process of accepting the OTDs that are about to expire.

Barry Hogan, Malibu Planning Department director, said the issue of public access is required to be covered in the Local Coastal Plan the city is currently working on. However, the OTDs’ acceptance is up to the Coastal Commission.

“The city probably will get involved in any ramifications of the OTDs,” said Hogan.

The ramifications that Hogan is speaking of are the above-mentioned issues, such as parking, and who will manage the access points.

“The problem is that these are requests that have gone some time ago,” he said. “At the time, the issue of parking and restroom facilities should have been addressed. Now it’s a little difficult to address–after the fact.

“How do we create coastal access with respect to residents is the key,” he said.

There are currently 15 vertical OTDs recorded in the City of Malibu , with four vertical OTDs having already been accepted and opened. Nine other vertical accessways were open prior to the inception of the Coastal Act. Two other access points, one already open, are a result of other legal contracts with the Coastal Commission. In addition to the vertical OTDs there are 262 lateral (areas running along the beach) OTDs, with 100 opened. Opening lateral access would be widening the sand area in front of beachfront homes that the public could use. Currently, the state owns beach land up to the mean high tide line (the halfway mark between the ocean and the high tide line). There also exists what is called “deed restriction access offers.” Deed restrictions differ from OTDs in that they vary in what a homeowner or builder has promised in the way of building or access to the beach.

Sarah Wan, chair of the Coastal Commission and who sits on the board of the SCC, said that the Coastal Commission and the SCC are in the process of looking at all OTDs and prioritizing openings by the time of expiration.

The first step is to accept the offers, Wan said.

“Accepting the OTD does not mean that an access point will be immediately opening,” said Wan.

“They will be dealt with on a case -by-case basis,” she said, “on concerns about how to manage the access point.”

Funding for the venture of reviewing, accepting and opening access points may come from coastal development permit fees collected by the Coastal Commission and fees collected for coastal license plates. Also, the Malibu Beach Access Fund, consisting of in-lieu fees required through permits for nonvisitors- serving commercial projects, is to be used to improve beach access in Malibu.

“[It’s] not a lot,” said Wan, “but we have funding to review, make decisions and openings.”

Wan explained that while the Coastal Commission secures permits for builders with OTDs, and is involved in the regulatory process, it does not accept the land or open the easements. The Coastal Commission works with the SCC in finding agencies or nonprofit entities to accept the land and easements, and make sure that impediments are removed. The SCC will transfer to another state agency, local jurisdiction or a nonprofit agency to handle the opening of an access point.

Curtis Fossum, senior staff counsel of the SLC, said his agency deals with the lateral access OTD acceptances.

“Primarily what we’re doing is ensuring that the public has the right to use these areas,” said Fossum. “We’ve been asked to accept offers. Our commission and staff look at offers to see if it makes sense to accept [them], and then we go through the process and accept.

“It is a statewide project,” said Fossum. “We’re focusing on L.A. right now because the Coastal Commission has [agencies] around the county and other public interest groups that are willing to manage these areas.”

Although Fossum said there have been no complaints so far of notices for beachfront property owners to make good on OTDs, Wan said, “Property owners up and down the state always fight it.

“It’s important for residents to understand; the public does own the beach and has a constitutional right to access,” she said. “The smartest thing to do is to work with the commission and the conservancy to address legitimate concerns.”

“I think we have to balance the concerns of the community for concern with access to the coast and meeting state law,” said Hogan, “and that’s a delicate balance.”

Kinks in the lifeline

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Last Thursday morning the south bound lanes of the Pacific Coast Highway came to a virtual standstill due to a blinking traffic light at the intersection south of Temescal. The backup was so extensive that the usual 25 minute commute into Santa Monica was stretched to almost one hour and a half. As all Malibuites know, traffic lights will on an occasion malfunction and accidents like the one that occurred this past Monday morning at Gladstones will continue to obstruct the PCH. What distinguished the July 27 incident was the complete lack of attention or response by any of the government agencies who are responsible for monitoring or patrolling the PCH. There was a total and utter breakdown in the chain of response to a minor traffic situation that was allowed to fester thereby resulting in a public safety crisis.

When I reached the malfunctioning light hours after it had been initially reported on KNX Traffic Radio and no one from the police, sheriff, CHP or Department of Transportation had shown up yet, I became incensed and outraged. I immediately got on my cell phone and called every government agency I could think of. Each and every call was met with ennui and resistance, the standard reply being that it was not within their jurisdiction. The only person who finally listened and agreed to help was the watch commander at the West Side Division of the LAPD.

From Malibu to the McClure Tunnel, PCH runs through a number of jurisdictions.

There is no clear or definitive understanding of who is responsible for what portion of PCH. As a result, the reaction time to problems is slow or in the case of that Thursday nonexistent. We need to establish a clear understanding of who is in charge of which areas of the PCH and, in this age of widespread mobile phone use, provide commuters with the appropriate numbers to contact regarding problems as they occur. We need to examine the traffic flow issues and to devise an efficient community-based response system. This will improve all of our lives and make the PCH, our lifeline, a road fit to use and rely on.

Lisa Garrett

‘Dog whisperer’ trains both dogs, owners

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Some of her clients call her “the dog whisperer” after the film, “The Horse Whisperer,” directed by Robert Redford.

Dina Garbis is Malibu’s on-site dog trainer, or “animal behaviorist” as she calls herself.

“It’s true I can tell what a dog is thinking,” said Garbis, smiling. “Some owners are amazed when they tell me they have a mean dog and I walk right in and start petting it.”

Working in Malibu, Garbis has several celebrity clients, including Nicholas Cage and his wife, Patricia Arquette, and director Ridley Scott.

“I don’t just train the dogs, I train the owners,” said Garbis.

Garbis, who stands just over 5’4″ tall, works with some of the most ferocious dogs in town in an attempt to reduce their aggression and behavioral problems.

She earned a bachelor’s in psychology from U.C. Davis, and worked all over Los Angeles before settling into Malibu two years ago.

Human psychology? What does that have to do with dogs?

“A lot,” she explains. “Dogs can read humans very well and when the human owner is giving it the wrong message, the dog gets confused.” For instance, she gives the example of a leashed dog being yanked back by the leash when a stranger approaches the owner.

“The dog thinks ‘This stranger must be a threat–I had better look threatening.’ ” said Garbis.

Garbis demonstrated with her own Chow-mix Golden Retriever as a stranger approached on a bicycle during an interview with The Malibu Times. At first her dog barked, but when she said to the dog, “Com’on, let’s go say hello,” her dog became friendly. She theorized that her dog initially barked because the man wore a backpack, which made him look out of place to the dog, and also was astride a bicycle.

“The worst thing I could have done was yanked back on his leash,” she said.

Garbis is careful to reject the title “dog trainer” in favor of “animal behaviorist,” since she is most often hired to cure a dog’s unwanted behavior.

Garbis grew up in Chico, a rural town in the central valley, and trained all sorts of animals but not dogs. Her family did not have a dog.

“I didn’t have a dog because my parents thought I wouldn’t clean up after it,” said Garbis. “I had horses, rabbits, hamsters, fish, birds, everything else but no dog. I trained each animal–[I] had hamsters that would roll over on cue, chickens that would come if their name was called and so forth.”

The method she gradually taught herself was positive reinforcement, a form of conditioning.

“My first experience with dogs was when I’d go to the stable to ride my horse,” she explained. “I’d end up training all the dogs that were around.”

Her first exposure to the professional side of the dog world came each summer when she would stay with an uncle in Oyster Bay, New York, who was the chief editor of “Dog News,” a national tabloid-sized newspaper.

“He had like 20 dogs, so I learned all about dogs from him,” said Garbis.

In 1992, she moved to Los Angeles, and in 1998 was invited by a Malibu dog owner to move into his home so she could train his dogs. “Don’t think of me as a dog nanny,” she cautions. “I solve dog problems.”

The dogs she takes care of daily are a black Labrador and a chocolate Labrador, both easy breeds to work with, but she has worked with some of the reportedly toughest, including Doberman pinschers, Rottweilers and Chows. Actually, she says, cocker spaniels have the biggest bite rate, but you don’t hear about that because they are not as ferocious looking or don’t inflict as much damage as a pit bull or Rottweiler.

“Some dogs,” she said, “have a reputation for being mean dogs, but in reality the dog’s attitude is all in the early socialization of the dog. If the owner acts wrong around the dog, then he or she teaches the dog all the wrong things.”

A real problem dog, she points out, is one that was treated badly before you obtained it–say, beaten with a stick or neglected.

“I have turned dogs around, unlearned their bad behavior,” she said.

But she has one caveat–she will refuse to work with a dog unless the owner is willing to participate in some or all of the sessions.

“It doesn’t do any good to train the dog and the dog responds only to the trainer,” she said. “I have to work with the owner so the dog responds to the owner.”

“Effective dog training is 10 percent dog and 90 percent owner,” she said.

Should you jog with your dog?

“No,” she says emphatically. “Except for greyhounds, dogs aren’t made to run as long as humans do. They can run for maybe 10 minutes and need a rest or they will get dehydrated.”

A partial solution is to bring along water and water the dog periodically during the run.

“Or just walk fast,” she says, “it’s easier on the dog.”

A large part of her job is training dogs to do simple things, like sit on command.

“A lot of people try to train a dog to ‘sit’ out of fear,” she said. “That doesn’t work. You want to train the dog so he is proud to sit by his owner, not sit because he is fearful of what will happen if he doesn’t sit.”

Garbis begins each job by finding out what the owner’s goal is with the dog.

“If I see that the goal is realizable, then we can work out a program,” she said.

Her rates vary according to the goal the owner is trying to reach. Currently she has 30 clients, a workload that keeps her busy from 7:30 a.m. until sundown seven days a week.

“Some of my clients want me to come and work with them and their dog when they first get up,” she said.

In addition to her dog duties, the blonde dynamo has a second occupation: chanteuse/songwriter. Garbis recently sang at a Century City jazz club, Lunaria , with Bette Midler’s Harlettes singing back-up. She also is recording her first original album, featuring songs she has written and recently appeared as a singer in a TV movie pilot with Dick Van Patten.

Garbis has studied acting with Howard Fine and has accumulated several screen credits, but at present, dogs are her life.

“I’m writing a book about what I know about dogs,” she said. “I plan to emphasize what not to do as well as what to do.”

Because of her love for dogs, she’s also producing a charity benefit called “Project Dog Sing,” in which the proceeds will go to Seeing Eye dog programs.

“As they say in the trades, ‘there are several celebrities already attached to the project,’ ” she said.