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Tapia not going with the flow

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Environmentalists and surfers claimed at least a partial victory last week when the Regional Water Quality Control Board placed further restrictions on Tapia Water Reclamation Facility’s discharge permit.

The board took testimony at a public hearing Dec. 9 from representatives of Surfrider Foundation, Heal the Bay, Natural Resources Defense Council, Santa Monica BayKeeper and the Las Virgenes Municipal Water District, which operates Tapia.

Although the environmental groups sought the extension of Tapia’s discharge prohibition period to March 1 through November, the board voted to increase the period by only two weeks in spring and two weeks in the fall.

The district, meanwhile, had hoped to reduce the restrictions to its permit. Instead, the new “dry-season” period was extended to April 15 through Nov. 15. The previous prohibition covered the period from May 1 through Oct. 31, but was flexible to allow discharge when the sand berm separating Malibu Lagoon and Surfrider Beach is “naturally” breached, either by high tides or rain-swollen creek flows.

The berm serves as a sand filter that screens out bacteria and other pollutants found in the lagoon, preventing contamination of Malibu’s famed Surfrider Beach. When the berm is closed, the water quality in the surf zone is generally graded A. When the berm is open, the ratings drop to F.

The regional board also imposed stricter nutrient limits for Tapia’s discharge, as recommended by the state board. Existing 13 mg per liter for nitrates was reduced to 8 mg/L. High nutrient levels cause excessive algae blooms that deplete oxygen levels in the lagoon. The board also instructed staff to come back in six months with recommendations for appropriate standards for phosphate levels.

“It was an absolute surprise to us,” said Norm Buering, the district’s resource conservation director, in a telephone interview Tuesday. “The regional board staff said keeping district water out of the creek for that 6-month period negates concern about nitrates. We came prepared to support the staff recommendation.

“It’s an extremely difficult process for us and it will be difficult for us to comply,” Buering said. “The current plant performance level is 13 mg/L. By 2002 we were to reach 10 mg/L. To meet that goal we did a pilot study, built temporary baffles out of wood. We wanted to get it below 8 mg/L because we have a current permit to allow discharge into the L.A. River during certain times of year. After about four months of trying, we were able to reach 8 mg, but with colder weather and higher volume, the biological process might not be as effective.”

The district faces another problem in that the pilot plant was temporary and not designed to operate 24 hours a day. “There appears to be no time allowed to meet this standard. To have to instantly get to eight, we don’t think that’s reasonable. It would probably take two years to build a permanent facility that would give the reliability required for the permit.”

Tapia’s permit was updated in 1998 when the board agreed to certain exemptions to the fixed prohibition on discharge into the creek during dry season months, allowing discharge when the sand berm is breached.

Environmentalists complain Tapia can force the berm to remain open by releasing more effluent to maintain high water levels in the creek.

“They have maintained such unnaturally high water levels in the creek, it would seem to be impossible to determine what would constitute a ‘natural’ breaching. When the berm was closed, and they could not discharge, they over-irrigate upstream, allowing gravity and runoff to do the work for them,” said Jeff Duclos, co-chair of Surfrider’s Malibu Chapter, at the hearing.

During the dry season, the water district sells Tapia’s reclaimed water for irrigation.

Duclos asked the board to officially reprimand the district for its actions “on or near the early morning hours of Veterans Day when it released 10 million gallons of effluent down the creek, breaching the berm and releasing a stew of dangerous pollutants into the surf zone.”

“That simply is not true,” Buering said. “Although we had a right to discharge on Nov. 1, we continued to avoid discharge into creek. But when rain caused our irrigation customers to shut off their systems, we had only the ability to use 75 percent within the watershed. Two or three days after the rain, we had to release about 2.5 million gallons per day for four days. That was not a massive release.”

Malibu physician Jeff Harris called for the board to extend the prohibition from March 1 to Nov. 30, when swimmers and surfers use the beach consistently. “Allowing the sand berm to form naturally as soon as possible protects the public’s health. When water flows without natural filtration through the breached berm, it has repeatedly been shown to be polluted with high bacteria, parasite and viral germs,” he wrote. “You can and should make a significant difference to ensure the public’s health at this beach.” Harris’ testimony was read into the record by Bill Parr.

Under terms of the new ruling, exemptions to the prohibition are restricted to storm events and must be authorized by the regional board’s executive officer.

Campaign for higher limit

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The trailer for the hit film “American Beauty” kept flashing different sweet scenes, then asking the viewer to “look closer” because things were not really what they seemed. I am asking Malibu to “look closer” at the newly amended Campaign Finance Ordinance. I have challenged the constitutionality of the $100 contribution limit and asked the City Council to choose a legally defensible limit, such as $500, which has been in effect in all Malibu city elections except the last one.

Our Interim City Attorney, Mr. Terzian, has twice publicly told the council that he thought the $100 limit was low. I’m challenging this limit now, before a developer challenges it and a court decision leaves us with an unlimited contribution limit. Think about the prospect of the Malibu Bay Co. being able to make unlimited contributions.

Suddenly certain candidates are jumping on the “I pledge to take only $100 no matter what” bandwagon. This is political sleight of hand. A candidate can lend their own campaign unlimited funds and then forgive the debt. We are all smart enough to realize what mischief can be made by lump sums coming out of a candidate’s personal accounts with no names or faces to appear on campaign reports. Essentially, candidates have no real contribution limits other than how well-heeled they are or what money can be funneled into their personal accounts. A hidden support base can have a fund-raiser after the election is over to retire the debt and then who knows or cares. (Remember, Malibuites — it happened in our very first city election!)

From a practical economic standpoint, it makes no sense to have had a $500 limit for four elections and then reduce it by 80 percent, while the cost, in the upcoming election, of newspaper ads, printing and postage will each have risen between 30 percent to 35 percent in the same time frame. The $500 of 1992 would now be worth $325. (I called local papers, two printers and the bulk mail division of the Post Office.)

The dimmest bulb running for City Council knows that embracing Slow Growth and protection of Malibu’s lifestyle are the keys to winning. They just have to proclaim it. Smile, take the photo with the cute kids and the horse — must be a real Malibu protector, right? “Look closer,” Malibu. Even candidates’ closest supporters don’t know their true voting records or real agendas many times. It doesn’t cost much to say, “Hey, vote for me, I’m for slow growth and I promise a playing field in every pot.” To have an informed electorate requires more effort and effective voter education — and that costs money.

In addition, the new Campaign Finance Ordinance is in direct opposition, in key areas, to the California state’s campaign finance ordinance. Essentially, if you are complying with the city’s ordinance, you will be in violation of the state’s. Given all the outside legal consultants Malibu has used, I am confounded that there was never a consultation with a political legal expert before this ordinance was adopted. “Look closer” City Council, before every single candidate winds up in a nightmare of reporting with no way to satisfy both city and state, other than the shady and intensive prospect of “two sets of books.”

Remy O’Neill

Drumming it in

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Dear Board Members:

My name is Brittany Graves. I am in eighth grade at John Adams Middle School and a percussionist in our Wind Ensemble. I have been playing percussion for my three years at John Adams (and I played the violin for two years at Grant) and hope to continue in high school. I believe that you should not cut the music in elementary schools music programs because that is where our kids get their start on music. Just look at our high school (Samohi) and how good all the musicians are there. Do you know where they started to become what they are now? Yeah, that’s right elementary school. As most of you know, the Samohi orchestra is performing at Chicago’s prestigious Midwest Clinic music convention, not to mention that this is the first time a California public high school has been invited there in half a century. And once again the kids in this ensemble have probably started in elementary school. I know that I have probably repeated myself over and over again, but I am hoping that I got my message across to you to not cut music from elementary schools!

I really hope that you will consider your decisions.

Brittany Graves,

eighth-grade percussionist at John Adams Middle School

Sierra Club sues Coastal Commission over Pepperdine expansion

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Sierra Club has filed a lawsuit against the California Coastal Commission seeking to overturn its decision allowing Pepperdine University to expand its graduate school. The decision, made at the coastal panel’s October meeting in Oceanside, would allow more than 4-1/2 million cubic yards of grading, one of the largest cuts ever into the Santa Monica Mountains.

Commissioner Sara Wan, a resident of Malibu, and Commissioner Trent Orr were the only two opposing votes on a panel generally considered to be more environmentally friendly than previous commissions. Several other commissioners were absent from the controversial hearing. Wan and Orr voted to support the staff’s recommendation to deny the amendment to Pepperdine’s plan.

Commission staff biologist John Dixon testified on the recent discovery of eight acres of a rare and threatened California Needlegrass habitat, an Environmentally Sensitive Habitat Area (ESHA). Dixon stated only a little more than 700 acres of the rare plant community still exist. An ecologist, who surveyed the site, reported spotting 35 different species of birds during only a half-hour of observation.

The lawsuit was filed Dec. 13 in Los Angeles County Superior Court. Sierra Club bases part of its case on an earlier decision concerning protection of ESHAs. The club was part of a winning lawsuit at Bolsa Chica Wetlands in Huntington Beach in which a Superior Court appellate panel ruled earlier this year that an ESHA can not be mitigated offsite but must be protected. Thus, club officials say, the Needlegrass habitat must remain intact.

“The university staff is trying to find ways to use the Needlegrass,” said Talmage Campbell, Pepperdine’s director of Public Information. “Richard Stevens, a visiting botany professor from Hawaii, worked on a program of gathering native seed from the siteand using it on areas that are to be planted. We are trying.”

Besides the Needlegrass community, geologic instability of the area is another concern raised in the lawsuit. Coastal Commission staff found the approval of Pepperdine’s permit amendment request would violate two Public Resources Codes requiring the commission to “minimize risks to life and property in areas of high geologic hazard and to assure stability and structural integrity and prevent erosion” and “to minimize alteration to natural land forms.”

“The additional grading was a requirement of the Regional Planning Commission,” Campbell said. “Adjustments for where they want things to go and for stability of the slopes required extra grading.” The original plan included a little more than 3 million cubic feet. “All the graded earth stays on the site to make stable pads for the buildings. There would be no scarring.”

But environmentalists worry about changes to natural terrain adjacent to park land.

“Pepperdine is already clearly not in harmony with its surrounding natural environment,” said Marcia Hanscom, executive committee member of Sierra Club Angeles Chapter. “The campus is sited within a national recreation area directly across the street from a state park property, and natural surroundings must be respected. There are other ways to expand their campus without creating such harm to the environment.”

The lawsuit is supported by the Malibu Township Council and several Malibu homeowners associations, who have expressed concerns about the impact the project could bring to the neighboring community. It is projected that when the expansion is complete, the campus would have enrolled more students than the entire population of Malibu. Current enrollment is about 8,000 students.

While the Pepperdine campus borders the city of Malibu, it does not come under the jurisdiction of the city. When Malibu obtained cityhood 10 years ago, Pepperdine lobbied successfully to remain part of unincorporated Los Angeles County. Some say this was a strategic move to facilitate future expansion plans without the close scrutiny of Malibu’s city government.

The writ of mandate was filed by Joseph J. Brecher of Brecher & Volker in Oakland; Rachel Sater, also of Brecher & Volker; and Michelle Sypert, Esq., of Los Angeles. Brecher has represented Sierra Club and EarthJustice Legal Defense Fund in other cases.

The Christmas Peril

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‘Twas the holiday season and all through the land,

Bowls of eggnog were brewing, many parties were planned.

From the branches and eaves, colored lights were all hung,

And pianos were tuned so the carols could be sung.

But something was lacking this particular year:

A strange and mysterious disappearance of cheer.

And listening closer, folks could all plainly hear it,

The deafening silence of a lack of true spirit.

The experts assembled in a moment of urgency,

To examine what some called a national emergency.

And the public demanded they learn at all cost,

If the spirit of Christmas indeed had been lost.

But in spite of the hours they spent on their quest,

And the millions of dollars and all of the rest,

When the final report was submitted for reading,

The results it contained were in no way misleading.

The consensus of those in the know, it appeared,

Lent truth to suspicions that all of us feared,

That the spirit of Christmas had been changed in a flash,

To mass merchandising and a strong flow of cash.

“Could this be the end,” the public was reeling,

“Of chestnuts roasting, of holiday feeling,

Of gathering families and long distance calls,

Of pine cones and tinsel and Christmas tree balls?”

“No!” cried the children. And the grown-ups cried, too.

“There must be an answer or something to do.

We can’t take this news being caught in a lurch.

We must gather together and organize a search!”

And search they all did, both the young and the old,

From the warmth of the West to the North and its cold.

But the looking was hard and in spite of their vim,

The chances of finding the spirit grew dim.

Then just when it looked like the looking was through,

When smiles turned to frowns and emotions were blue,

A child in Maine sat upright with a start.

“I found it!” she screamed with her hand on her heart.

When the experts arrived, the glow hadn’t subsided,

From this sweet youngster’s heart with the spirit inside it.

Then a wondrous discovery made their own hearts beat quicker,

‘Cause they found the same glow in everyone’s ticker.

So, the spirit was there, not lost, just in hiding.

In everyone’s heart, the glow was residing.

And as soon as they stopped with their external quest,

The experts proclaimed, “What’s inside is the best!”

So, the ending is happy for this holiday tale,

This short bit of verse celebrating Noel.

We all know this story couldn’t happen for real,

In the age of computers and the fast food meal.

We’re much too perceptive. We’ve got it together.

There isn’t a problem we all can’t weather.

We’re perfectly safe. So, I’ll say without fear,

“Have a wonderful Christmas and a happy new year!”

Robert Allan Curtis

Humming the same tune

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My earliest childhood memories are of the joys school music imparted to me. Songs I learned in elementary school remain in my heart, where many other things learned there have evaporated into the mists of time.

Please, please give the gift of music to today’s children, so that they may carry that inspiration and strength into the challenges of the 21st century.

Rosalie Grace Heacock

Online support for schools

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Last week a letter was sent to The Malibu Times encouraging community members to purchase Christmas trees and wreaths, garlands and MHS logo clothing from the high school lot on the Point. We absolutely agree and hope the sales there are a big success for the high school.

Continuing the idea of school support, we would like to encourage all of our community members who shop online to consider doing so at http://www.schoolpop.com and giving school credit to your child’s school. That school will receive a rebate. All of our schools are listed for potential credit. If you don’t have children at one of our schools, please select a Malibu school (identify city and state) and the school will receive credit. Each time you shop, select a different school here in Malibu. If you select one of the public schools, 20 percent of the rebate will go to the Education Foundation which gives financial grants to teachers throughout the district.

Our point in writing this letter is to say that we feel all schools in Malibu should benefit from such rebates. We are united in feeling strongly that all children, not just a few, should have the support of our community. Thank you for remembering all of Malibu’s outstanding schools, both public and private.

When you shop on line go to schoolpop.com and type in your school choice. You will be helping children all over our city.

Thank you and happy holidays to all of you.

Pat Cairns, principal, Cabrillo

Phil Cott, principal, Webster

Cynthia Gray, principal, Point Dume

Michael Matthews, principal, Malibu High

Terry Miller, principal, Our Lady of Malibu

Save the music

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To the SMMUSD Board of Education and Dr. Schmidt:

Our family moved to this area from a suburb of Philadelphia two years ago. Despite numerous friends’ warnings about the sorry state of public education and its funding in California, we rejected private schools and opted to live in Santa Monica so we could send our children to public school here. Certainly, we were attracted by the quality of the academics, but we were especially drawn by the outstanding music program. Imagine our shock to learn that the elementary music program is now threatened.

It is difficult to convey what playing the violin, and exposure to music more generally, has done for our 11-year-old daughter (a sixth-grader on the Concert Orchestra at Lincoln). Involvement in music has fostered our daughter’s self-confidence, poise and interest in the arts. It has helped her develop discipline, good study habits and a belief in the value of hard work. It has helped her understand that teamwork is about individuals with diverse talents coming together to create a larger whole. It has helped her develop an appreciation for positive aspects of our culture. Imagine a sixth-grader who goes around the house humming Vivaldi, or whose favorite compact disc is Bach’s double concerto, or who thinks that Mozart led a fascinating life. Imagine a sixth-grader whose favorite school day is Thursday, because that is the day the Lincoln Concert Orchestra rehearses. Imagine a sixth-grader who looks forward to high school so she can be on the Symphony Orchestra and travel to Chicago. And we know that our daughter is not alone.

The feature that makes the SMMUSD different is the music program. Stairway to the Stars is a unique, magnificent, awe-inspiring spectacle that demonstrates what children are capable of when they are engaged, stimulated, and taught and directed by adults who love what they do. Eliminating the elementary school component of the music program would eat away at the core of the district’s (and the city’s) personality and values, and would have ripple effects on the students for years to come. A good education is about many things, including instruction in the music and arts that both reflect and shape our traditions and culture. To paraphrase Richard Dreyfuss in the movie “Mr. Holland’s Opus,” if you teach reading and writing but take away music and the arts, soon children will have very little to read or write about.

Please preserve the elementary music program. Please do the right thing for the city, the district and, most of all, the children.

Jose and Eileen Escarce

Parents of a Lincoln sixth-grader and a Franklin second-grader

Next council meeting to go back to the future

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With only three members of the council in attendance at Monday’s meeting, Councilwoman Joan House succeeded in manipulating the quorum requirements by leaving the hearing room whenever issues or votes came up that would otherwise split the council. House said Councilman Harry Barovsky was recuperating from surgery and Councilman Tom Hasse was at a business meeting in New Mexico.

Van Horn reluctantly dropped several agenda items, which will likely be rescheduled for Dec. 20:

  • Reconsideration of a variance request of Mariposa Land Company and the Adamson family for a self-storage facility on Cross Creek Road in return for a public easement;
  • A proposed ordinance to set a new fee on parking spaces;
  • A ballot measure limiting council members to two terms in office; and
  • Consideration of an appeal of the planning commission’s rejection of a stringline determination that would have permitted the construction of a pool at a home on PCH.

Auditing audacity

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Debra Bianco and Remy O’Neill of Cornucopia Farms have asked Councilman Harry Barovsky to apologize for making a motion at City Council to audit the books of all nonprofit organizations that benefit from our city tax dollars. In case Ms. Bianco and O’Neill haven’t noticed, Harry Barovsky has never responded to personal attacks. To my memory he didn’t during his campaign and hasn’t in his tenure of office. The council in their infinite wisdom voted 5-0 to audit the books of Cornucopia Farms and every other organization that receives the largess of our tax dollars. I have two questions. Why haven’t Ms. Bianco and O’Neill asked for the apology of all the other four councilpersons who voted to audit the books of Cornucopia Farms, and why can’t we stop the politics of personal attacks in our city?

Bud Favilla

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