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Confidentially, it sinks

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Two lucky patrons of the Malibu Creek Dry Fly Club’s upcoming fundraiser, June 31, at Neptune’s Net will win a gala trip for two on the maiden voyage of the new luxury cruise line HMS Gigantic, the longest ship ever built. The bow will depart Southampton next April 10 and the stern will leave April 11 for a record run across the North Atlantic. No return schedule has been announced. Warned of icebergs, officials of the line explained that steel blades running the length of the hull will enable the ship to skate across such obstacles. In command will be Captain George Washington Brown, described by his biographer as “first in war, first in peace and first in the nearest lifeboat.” Known affectionately as “Unsinkable Georgie Brown” he has been in command and sole survivor of 15 shipwrecks. He wrote the authoritative book on cruising entitled “Don’t Spit Into the Wind to Spite Your Face.”

Although considered the safest ship ever launched, no detail in the event of calamity has been overlooked. The cruise will carry 20 probate lawyers who will, in the event of emergency, help procrastinators with last minute wills and codicils. “No one need die intestate,” the shop’s brochure explains. Each stateroom will include a bottle and cork of genuine Waterford crystal to float documents and notes to loved ones. This innovation is called float-mail.

Recreation facilities include shuffleboard, ping pong, and a full-size baseball diamond, the latter having inspired the L.A. Dodgers to transfer their spring training from Vero Beach to the Gigantic. The vessel has three swimming pools, popularly referred to as “The Great Lakes.” Each pool boasts its own lifeboats, equipped with state-of-the-art navigation instruments, as well as individual five-day survival kits of truffles, champagne and caviar.

Departure will be high-noon following a fabulous bon voyage party sponsored by the Deepwater Salvage Company. In addition to a special performance of the “Ice Capades,” each evening a rock group, “The Unfathomables,” will play in the octogenarian salon such old favorites as “Red Flares in the Sunset,” “Nearer My God to Thee” and “Goin’ Home.” The Gigantic’s great size worries many oceanographers who fear that its displacement of 40 billion tons may disastrously flood the port of Los Angeles. “That’s progress,” said the mayor of San Francisco.

This door prize is donated by the American Lifeboat Company. Their motto–“Shipwrecks R Us.”

Bill Dowey

Don’t squeeze the customer

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I had so looked forward to the opening of our new Farmers’ Market here in Malibu, but frankly, the produce prices were outrageous. Everyone I’ve spoken to agrees.

I saw so many people walking away with nothing. What a pity.

I guess, that because this is Malibu, the sellers have decided to gouge. Sound familiar?

Also, wasn’t this represented to be produce from local growers? The vendors I spoke to were from Simi Valley, Bakersfield and such.

There was a wonderful turnout, so maybe, if the event expands, and there’s more competition, the prices will become more realistic. That would be wonderful.

Julie May

No place like home

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Now that we have a City Council that is receptive to code enforcement reform, Malibu residents have an excellent opportunity to support a highly beneficial resolution before the City Council to place a limited moratorium on code enforcement cases for non-permitted buildings (grandfathered structures) and home office violations. The moratorium is proposed to be in place until a code enforcement arbitration body is established and, until the current rules regarding these two issues are properly reviewed and revised if necessary. The proposed moratorium protects the health and life safety of the public as it provides for continued enforcement of the Uniform Code for the Abatement of Dangerous Buildings and the Fire and Life Safety provisions of the California Building Code and Health requirements, including septic requirements, for unpermitted structures.

Under the current application of the grandfathering provision, homeowners incur extraordinary costs, including studies in the range of $15,000-$20,000, when they are required to bring even the smallest unpermitted ancillary buildings into compliance. Various task forces and committees are currently developing recommendations for clear and more resident-friendly policies for legalizing grandfathered structures. While new policies are under consideration, relief from the financial hardship of the permit process for these auxiliary structures would benefit thousands of Malibu homeowners.

The current Home Occupation regulation of the Municipal Code forbids non-residents from working on-site in a home business and states that “a home occupation shall not include an office, sales room or any other space open to any business visitors, customers, or clients. . .” These limitations criminalize home business meetings and make violators out of residents who routinely use their homes to engage in innocent, very low impact business activities such as:

entertaining employees and clients for purposes of enhancing one’s home occupation; collaborative writing, design or other work projects performed at home; having personal training at home for improving one’s work performance; home-based meetings of the creative team for film and video projects; consulting with clients at home regarding real estate services, financial services, legal advice and other professional services.

The purpose of the moratorium is to provide widespread relief to thousands of homeowners who are subject to citation for a misdemeanor crime for having business meetings in their homes and for having assistants, while regulations which penalize these activities are being reviewed or until such time as a Code Enforcement Arbitration Body is established.

The moratorium protects the residential character of neighborhoods by continuing the existing ordinance’s prohibition against industrial, manufacturing, retail operations or dangerous conditions in a residential zone and limiting the moratorium to home offices. Furthermore, the moratorium requires on-site parking for potential employees or visitors related to business.

Many residents of Malibu believe if homeowners are allowed to have an unlimited number of servants such as gardeners, nannies, cooks, housekeepers, caretakers, etc. who may spend up to 24 hours per day on their premises, residents who work at home for quality of life reasons or for their livelihood should be allowed to have assistants or business meetings.

The ability to work in pleasant surroundings in one’s home is a major decision factor influencing buyers of homes in Malibu, and for many Malibu residents, their home is an attractive alternative to the typical workplace. Rather than commute long distances or lease space, a growing number of people in the community find it more convenient to conduct their business at their residence and enjoy more time with their family and for community activities.

The City Council is expected to vote as to whether to approve the proposed moratorium on Monday, June 12. For every person in Malibu, who would like to see the restoration of a more community friendly zoning code, please attend the meeting and call your Councilmembers to show your support.

Anne Hoffman

First Farmers’ Market recognized by Kuehl

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After about 20 years of kicking the idea around, Malibu finally has its own farmers’ market. The inaugural event Sunday at Malibu City Hall hosted about a dozen vendors who offered merchandise varying from fresh produce to cut flowers, bonsai trees and pickled baby corn.

At the ribbon-cutting ceremony, Malibu City Council members presented a certificate of recognition from State Assemblywoman Sheila Kuehl to Cornucopia Farms, the group responsible for organizing the market. Accepting the honor, Debra Bianco, president of Cornucopia Farms, described the school program that will be funded by revenue raised by the market.

Students will receive community credit by teaching other students about organic farming.

“Children teaching children,” Bianco said.

Part of the program will be to grow produce, which will be sold at future markets.

The vice president of Cornucopia Farms, Remy O’Neill, recounted a brief history of Bianco’s leadership.

“Two years ago in June, Debra told me she wanted to give something back to the community,” said O’Neill. “She proposed a market and a teaching program. It was a sweet thought, but I never thought she would carry it out. But she started gathering information, and by that August we had incorporated.”

That was the inception of Cornucopia Farms, a non-profit, community-based action group.

To give impetus to the market, Malibu City Council provided a $20,000 grant, Cornucopia which matched with donations from the community. There was a maze of agencies to be dealt with to get the market going, some of which were county health, agriculture, the sheriff, the city, the courts and the library.

Susan Nissman, senior field deputy for County Supervisor Zev Yaroslavsky, provided “a magic wand to cut through the bureaucracy,” Bianco said.

For instance, Yaroslavsky’s office asked the county to waive the first six months rent on the market space while the market gets on its feet.

Vendors expressed satisfaction with the day’s business.

Jose Jaime, whose stand sells vegetable, represented his family’s business, Jaime Farms, from the City of Industry near L.A. He said that his farm was recruited at a Santa Monica Farmer’s Market in February.

“It was an extremely good day,” said Jaime who plans to return.

The Rosendahl fruit vendors came to Malibu from their farm near Fresno. Sisters Stephanie and Kathie Rosendahl said that Bianco recruited them by phone in Fresno. Their farm also does a Sunday market in Hollywood, and they said doing two locations is more work. They also indicated they would return.

Malibu City Mayor Tom Hasse said, “The hard work of Debra, Remy, and Denny (Denny Melle, past secretary-treasurer of Cornucopia Farms,) is now paying off. City Council finally did something universally popular.”

Webster fete deemed a success

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Despite coastal fog socking in PCH Saturday, the Webster School’s Jog-a-Thon, now in its 10th year, was predicted to successfully raise more than $30,000. according to its organizers.

The Webster school is a public grade school, part of the Santa Monica-Malibu School district.

As a fund-raiser, every year they schedule an annual Jog-A-Thon, where students run a chosen number of laps, earning pledges for each lap. There were two sessions Saturday where some students surpassed the 170 lap figure.

Paul Outen, 8, of Malibu, said he ran 170 laps, “but there were some who ran more.”

The moneys raised by the day’s activities all go to the school’s various activity funds, such as hiring a poet to come to the school to teach the children how to write poetry, or for art supplies and artists to come and show their techniques.

The Jog-a-Thon also featured a number of other activities, including painting, a hop, skip & jump game, a book sale and a silent auction. Each classroom made up it’s own gift basket along different themes, and the baskets were jam-packed with goodies. Most impressive was the “Barbie dream basket,” which must have had at least a dozen Barbies in it.

Local merchants contributed items for the auction, including Malibu Tile, with tiles featuring surfers and surfer wagons.

Two restaurants who pitched in to help were Allegria, an Italian restaurant, which furnished wonderful pasta and Domino’s Pizza.

For those who look for items from celebrities there were several autographed pictures to bid on and some framed posters from Tom Petty and the Heartbreakers. Among other Hollywood memorabilia up for auction were movie scripts, with the highest bid on “The Cider House Rules” script at $35 during one point in the auction.

Among the books for sale was a beautiful copy of Yosemite photos by nature photographer Ansel Adams.

Several businesses offered services to bid on, such as a back massage, or various medical procedures like dental work, or a weekend trip such as one offered to Tahoe. A kayak rental, which normally sells for $98, was bid up to $125, but could have gone for more as the event went on.

Serving as testimony to the affection some Webster students have for their teachers, was a wallboard in which the students could bid for the chance to go out with their favorite teacher for breakfast or lunch. One teacher had no less than eight students registered with bids on the opportunity to break bread with her, with the bids going as high as $100.

Phil Cott, principal of Webster for 10 years, conducted the live-bidding part of the auction, the first time it’s been live instead of silent.

Two other schools in the district have a fund-raising activity that is similar–Cabrillo and Pt. Dume–but the Webster School’s event is well established and thriving and owes its success to the way the volunteers pitch in, with some individuals working hundreds of hours.

The Webster School is so desirable a grade school that there is a waiting list of students. There are currently about 500 students enrolled.

The school, established in 1949, is nestled in a valley below Pepperdine’s Malibu Campus, in a location not noticeable unless one is looking for it.

Ansen Williams, a 46-year-old film director, was at the Jog-a-Thon with his wife, an infant daughter and his 10-year -old daughter. He had much praise for the school.

“It’s been great for my daughter,” he said. “She has so many mentors in so many areas. In fact, I’d say this school is one good reason to live in Malibu.”

Colleen O’Beirnebrydon, past president of the PTA, said that “parents are involved in every way in this school.”

City called ‘irresponsible’

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I read in the local newspapers that the city of Malibu is considering demolition of the Teufel residence on Las Flores Canyon Road. Then they are considering applying for a grant to construct a community meeting space in its place.

This is appalling, immoral and probably illegal. How can the city forget so quickly that the court condemnation of the Teufel home and the fire burned-out residential property of Paul Randall was totally based on the city’s declared need to acquire the property to mitigate severe flood problems and landslide threat.

The court documents filed by the city July 24, 1996 used terms like: “heavy rainstorms;” “raging torrents;” “need to change the course of the creek to protect road;” “firefighter restricted from access to protect other homes in area;” “unsafe hillside;” “extreme flood and mud flow danger.”

While you talk about constructing a 3,000 square foot community center, the Teufels and Randalls have had their property stolen from them on a false premise. The courts only ruled in the favor of the City because they claimed an overwhelming need to have the property to correct creek conditions and because of the extreme hazards. This most likely depressed the price the city paid for the property to these long-time Malibu citizens.

Will every citizen of Malibu fear condemnation from a less than honest council or is this property truly a hazard and should not have any constructed facilities? Should an environmental impact report be required to determine if there is a flood hazard? Will anyone ever give a grant in this hazard zone?

I will be sending a copy of any council action to the FEMA to demonstrate the city is irresponsible .

Should the Teufels and Randalls receive more for the loss of their home and property if the city uses it for a community center?

You better all think about this because the financial impacts of your actions may have severe consequences, not withstanding the possible loss of life and property if you place people in a landslide threat as the city claimed to the court.

Paul Randall

Blanch Teufel

Welcome to Sacramento

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Monday, Tom Hasse and Joan House, our mayor and mayor pro tem were walking the halls of Sacramento, shaking hands and pitching our fair city to all and sundry in the legislature. For those of you less schooled in the art of politics, you might well ask what the heck were they doing in Sacramento when there are lots of things to be done here at home.

The answer is pretty much the same answer Willie Sutton, a famed bank robber, gave when asked why he robbed banks. He said “because that’s where the money is.” That might be said about Sacramento. “That’s where the money is,” which means that’s where they give it away and even worse, that’s where they take it away so it helps to have some friends up there.

Hasse was introduced to Sen. John Burton from San Francisco, the pro tem of the State Senate, He asked Hasse, “When are you people going to get your local coastal plan finished?” He then said that he and the Governor and Speaker Bob Hertzberg are tired of waiting. If you’ve ever talked to John Burton you’d know that I’m not quoting him directly because Burton has a pithy and somewhat more earthy manner of speech. He makes his intentions abundantly clear and he also happens to be the number one player in the State Senate; behind the Governor, probably the second most powerful political figure in the state. Now when you consider that our little town of 12,000, one of 58 in L.A. County, and one of several hundred in the state, is sitting on the radar screen of the Governor, the President pro tem of the Senate and the Speaker of the Assembly, easily the three most important political movers and shakers in the state, you begin to get a sense that perhaps we’d better do something about getting an acceptable Local Coastal Plan together, get it O.K.’d by the Coastal Commission and get it passed ASAP. Until we do that, all the land use decisions in Malibu have to get Coastal Commission approval. Lately the Coastal Commission has been on the warpath, practically out of control, and continually raising the bar on what you have to do to build or renovate, which creates all sorts of waves.

What has been happening is that the Coastal Commission has taken to beating up lots of people who come before it, much as it did in the very early days. I’ve talked to people who’ve actually gotten what they wanted from the Commission, but had to spend so much money on experts and consultants to get there and gotten so bruised in the process that they come away seething. Now many Malibu folks are not like ordinary folks. We tend not to take things lying down and, besides, there are quite a few here who have the Governor’s special phone number on their Rolodex, so they call and bitch. Now Governors and President pro tems and Speakers don’t like to have people calling and bitching at them, particularly people who give and raise campaign money, so they’d rather not be refereeing this free-for-all. They’d like the city of Malibu to get an LCP approved, handle their own zoning and get them out of the middle of this ongoing brawl.

Of course to get this LCP approved by the Coastal Commission we’re going to have to give them two things we’ve been reluctant to give. One is coastal access, which means public access to all the beaches, and second–visitor-serving amenities, like parking places, restaurants, and hotels/motels and such.

If we don’t get our act together there are lots of money-hammers in Sacramento and guys like Burton are not shy about using them.

Now this isn’t totally one-sided. The final LCP is the product of a negotiation between the Coastal Commission and the city. If the Coastal Commission continues to play hard-ball, as they have lately, then one day the Governor or the Speaker or perhaps the Senate pro tem will run out of patience and maybe decide it’s time there were some changes in the makeup of the Commission or perhaps their staff. Since four Coastal Commissioners are appointed by the Governor, four by the Senate pro tem and four by the Assembly Speaker, the composition of the Coastal Commission can be changed anytime the appointed authorities decide they want new people.

Any bets?

Malibu High School modernization going $3 million over budget

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A usually dry report from the school district’s contractor turned controversial Thursday when he said upgrades to Malibu High Schools significantly were over budget.

Speaking to a sparse crowd at the Point Dume Marine Science Elementary School, where the Santa Monica-Malibu Board of Education was meeting, Ken Brazzel of the Sverdrup construction firm said conversion of the cafeteria to an auditorium and performing arts studio “is not within the budget.” Plus several other overruns.

“We did not track the creep of growth,” Brazzel added. “We have to reduce the scope. We did not tell people you will not get all you see on the drawings. We must let people vent their anger and communicate what we really need.”

Brazzel refused to elaborate but Arthur Cohen, assistant school district superintendent, told The Malibu Times the overall project was $3 million over budget. According to his calculations, the auditorium project alone was expected to cost $1.5 million. He said the reasons for the higher costs was that the project was over-designed.

Board president Todd Hess, noting he was “troubled” by the report, never the less offered the board’s help in solving the problem.

“We explained our prior experience of a shortfall,” Hess said. “I am very disappointed this has occurred, because you had prior knowledge. You knew this concern from the beginning. We are in the same situation as the last process.

“We hired you to be good managers and paid you good money to avoid this very problem,” Hess continued. “We will be the ones to get the negative feedback. If this was a surprise, that’s one thing, but we told you about the problem of unreal expectations. I want to see results.

“We hope you apply all your company’s resources to solve the problem. If we need to get involved to make sure people understand we are doing everything we can to remedy the situation, we will.”

In other action, the board heard from assistant superintendent Cohen that Gov. Gray Davis’ “May revision” to the budget, which included an additional $1.84 billion for local school district discretionary spending, would mean a $4,015,514 budget surplus for the district.

“However, these projections do not include negotiations with employee groups next fall,” Cohen said.

Describing the district’s projected 2000-2001 budget as a “maintenance budget,” Cohen cautioned, “Be careful of that big amount of money. It can go away fast. If it is all spent, we will not have it for next year.”

He recommended reviewing programmatic enhancements after July 1.

The board also approved hiring a public information officer and related expenditures at a cost of $95,000, and hiring a special education consultant to report to the board by the end of June, at a cost of $20,000.

The board also heard that the projected enrollment target of 12,500 pupils was likely to be met. Enrollment is a significant basis of school funding.

Herbalife owner autopsy inconclusive

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Why did 44-year-old Mark Reynolds Hughes, the founder, chairman and chief executive of Herbalife International, Inc., die suddenly in bed at home in Malibu late Sunday morning?

According to spokesperson Scott Carrier of the Los Angeles County Department of the Coroner, the results of an autopsy Tuesday morning are inconclusive.

Testing of tissue samples will provide more answers in four to six weeks, he said.

Foul play is not suspected.

“There is no evidence of external trauma that might suggest criminal wrongdoing,” Carrier said.

The Coroner’s office conducted a routine exam, Carrier said, including testing for toxic drugs and alcohol.

“We have to wait for microscopic studies of tissues taken at the time of the autopsy,” he said.

The tissue studies, among the 65,000 performed annually by the Department of the Coroner, will take at least a month to complete, he said.

Tuesday afternoon doctors were filling out paperwork that would release Hughes’s body to his family for burial or cremation. The cause of death is legally “deferred,” and it will be added later to the death certificate as an amendment when the toxicology results come back.

As another matter of routine, the case was assigned to Sheriff’s homicide detectives. According to a Sheriff’s Department spokesperson, “everything is pending.”

Unless there is evidence that Hughes’ death was the result of causes other than natural ones, they will not be required to investigate.

Hughes’ wife found him Sunday morning “lifeless and unresponsive,” according to Carrier. She notified paramedics, who received the call at 11:15 a.m. They responded to Hughes’s home at 33064 Pacific Coast Highway.

The paramedics attempted CPR, but Hughes was pronounced dead at the scene.

Reports indicate that Hughes had no negative medical history, no life-threatening diseases and had not been under the care of a doctor, though Hughes is reported to have suffered from asthma.

The Hughes residence was built by Verna Harrah of the Harrah family of Reno, Nevada. Hughes, a newcomer to Malibu, had purchased the home for $25,000,000 less than six months ago.

A charismatic leader, Hughes founded the Herbalife empire of weight loss and nutritional products in 1980 at the age of 24, and initially sold his diet and health products out of the trunk of his car. The company, which is international, does business in 48 countries. It has 750 thousand sales people nationwide and does $1.7 billion in sales per year. With a formal educational lasting through only the 9th grade, he went on to become one of L.A. County’s highest paid executives, earning $17 million in 1998. He clashed with the Food and Drug Administration and the California Attorney General’s office over the way the company’s products were marketed. Regulators contended the company was making medicinal claims. Medicines are regulated by the FDA, while nutritional supplements are not.

Hughes defended his products against charges they were sold with false health claims.

Responding to a panel of Senate investigators in 1985, Hughes said, “If they’re such experts, then why are they fat? I’ve lost 16 pounds in the last few years.”

He said he went into the business because his mother tried constantly to lose weight. She died from a drug overdose when Hughes was 18.

Hughes made an unsuccessful bid to take his company private, bidding $510 million in September. The plan collapsed in April.

Herbalife International, Inc., a multilevel marketing company that relies on independent distributors to sell its products, named a new Chief Operating Officer Monday, Christopher Pair.

Planning commissioners lauded

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In a poignant commemoration of community service, outgoing planning commissioners Jo Ruggles and Andrew Stern were praised for their dedication to the city.

Commission chair Ed Lipnick presented Ruggles and Stern with awards of appreciation and gifts for their four years of service, and engineer/developer Norm Haynie used the public comment period to add his commendations.

“No one takes a back seat to her for defense of the environment and fierce loyalty to the city,” said Lipnick of Ruggles, who was appointed by Carolyn Van Horn.

Noting that Ruggles has also been “an advocate for nocturnal little critters, against intrusive lighting,” Lipnick speculated Ruggles might be one of them.

Of Stern, who was appointed by Walt Keller, Lipnick said, “Andrew has been a delight to sit nearby. His humor and intelligence has informed our decisions.”

Commissioner Charleen Kabrin, the other incumbent, praised Ruggles for her institutional memory.

Haynie, who said he has attended nearly all commission meetings since cityhood, said, “The amount of work commissioners put in should be acknowledged. They spend three to eight days month preparing for meetings to bring the vision statement of Malibu to reality.”

“Although I don’t always agree with their opinions, people vote for what they believe is best for the city,” added Haynie .

In other business, commissioners received a status report on the update of the Zoning Ordinance from consultant Paul Crawford.

Noting that the City Council would have jurisdiction over the Local Coastal Plan, Crawford said the ordinance was ready to be changed from an “administrative draft” to a “Planning Commission Review Draft.”

Lipnick suggested that after Crawford meets with new Planning Director Barry Hogan, Crawford should develop a work plan schedule and revise the ordinance format to refer to the source material. That would help people who are seeing the ordinance for the first time, Lipnick said.

“We will have a fresh team of horses in a couple of weeks,” said Lipnick, referring to Hogan and a commissioner to be appointed by City Councilman Jeff Jennings.