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It’s not Santo Claus

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Santa Claus is a woman according to the Lilly’s Cafe 8 a.m. coffee crowd. They hate to be the ones to defy sacred myth, but they believe he’s a she. Think about it they assert. Christmas is an immense, orderly, warm, cuddly, womanish social event, and the Lilly’s cantankerous fraternity have a tough time believing a guy could possibly pull it all off! To start with, the vast majority of men, they claim, as I remember their conversation, don’t even contemplate selecting gifts until Christmas Eve. Once at the mall, they always seem surprised to find only Victoria’s Secret lingerie, Craftsman socket wrench sets, and “Not Tonight Dear” perfume left on the shelves. You might think this would send men into a fit of panic and guilt, but George Wing tells me it’s an enormous relief because it lessens the 11th-hour decision-making burden. On this count alone, they are convinced Santa is a woman. Surely, the Lillian’s argue, if Santa were a man, everyone in the cosmos would wake up Christmas morning to find an under-watered Chia Pet beneath the Christmas tree, still in the original plastic Sav-on bag.

Mary Bowman ascertains, another problem for a he-Santa, would be getting there in the first place. If there were a male Santa, he would have transportation problems because he would inevitably get lost up there in the snow and clouds and then refuse to stop and ask for directions.

Add to this the fact, voiced Doug O’Brien, that there would be unavoidable delays in the chimney, where a Bob Vila-like Santa would stop to inspect and realign bricks in the flue. Santa-he would also need to check for carbon monoxide fumes in every gas fireplace, and get under every Christmas tree that is crooked to straighten it to a perfectly upright 90-degree angle.

Ed Niles, asserting that he was no authority on Christmas, added collateral thinking on why Santa couldn’t possibly be a man:

  • Men can’t pack even a single bag.
  • Men would rather be dead than caught wearing sissy red velvet.
  • Men would feel their masculinity is threatened having to be seen with all those elves.
  • Men don’t answer their Christmas mail.
  • Finally, being responsible for Christmas would require a commitment.

I personally believe that it most likely makes little difference what gender Santa Clause is, I just wish she would quit dressing like a guy!

Tom Fakehany

Holiday Highs

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I get high on dry martinis,

Christmas parties, cocktail weenies,

The Yuletide spirit, choirs singing

Carillons and handbells ringing.

Winter surf and salty talk,

An azure sky and one lone hawk.

Holiday greetings, friendly folk,

Beach campfires, driftwood smoke.

Carols sung by Placido,

Handel’s Messiah — powder snow,

Fireplaces faintly embered,

Faraway places still remembered.

Candlelit crystal, vintage wine,

But most of all, your hand in mine!

Bill Dowey

Celebrating the Festival of Lights

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The lights of Chanukah are twinkling all over Malibu, as the Jewish community celebrates the Festival of Lights Dec. 3 – 10 at Malibu Jewish Community Center & Synagogue.

The holiday of Chanukah commemorates the victory of a small band of Jews called the Macabbees over the Hellenistic armies of Syria and Rome in 168 BCE. The conquerors had desecrated the holy temple and forbidden the Jews to practice their faith. When the military force of the Jews prevailed, it was time to rededicate the temple, but there was only enough oil left for one day. The miracle was that the oil lasted for eight days while new oil was purified and the altar was restored. Therefore, we light candles for eight days, as we celebrate the power of a small amount of light in this time of seasonal darkness.

The annual MJC&S Latke Party and Chanukah Concert will be held Dec. 10, and all are invited to share the joy of the season with us. Latkes will be served at 6 p.m., followed by a Chanukah service and concert at 7:30 p.m. Cantor Shira Adler has prepared a program of Chanukah songs with the Adult and Youth Choir, and she will add her own special voice to a presentation of Lucas Richman’s Chanukah Festival Medley, which she is also performing at Valley Beth Shalom in Encino. Eight candles are lit on the final evening of Chanukah, and we will all join in sending our prayers and blessings out to all of Malibu on this special final Chanukah of the millennium.

All eight days of Chanukah have been a time of festivity for MJC&S. On the first night of Chanukah, MJC&S hosted more than 150 people in 10 homes for a “Shabbat/Chanukah” in the home, marking the essence of this family celebration. The event was coordinated by Tamar Freeman, our “Shabbat Queen.” On Sunday, the third grade participated in a family education day. Chanukah began early in our MJC&S Religious School. Third-grade teachers Karen Verham, Penni Seller and Tova Fagan began planning their focus holiday Chanukah Family Education Day in early November. Children read and sang in Hebrew the two candle blessings, as well as the “Shehehianu.” They practiced singing songs and told the story in bibliodrama, story or drawing. On Nov. 5, every single third grader –16 of them — had at least one parent with them to design and paint a ceramic latke platter for their family. The round or oval platters are being glazed for future use. Potatoes and onions were being grated, while eggs were whipped and oil was heating. There were latkes for everyone. Dreidels were spinning, as the game was played for buttons. Most of all, everyone learned that “not by might, and not by power, but by spirit alone,” all humanity can live in peace and religious freedom.

Every child learned Chanukah candle blessings, made crafts, played games, and celebrated holiday joy with all their senses. Before Thanksgiving, we were practicing Chanukah songs on Sunday mornings with Cantor Shira. On Tuesday, Chabad taught us how to press olive oil from olives. Confirmation discussions explored the deep moral values that Chanukah challenges us with every year. Each day, we light our chanukkiah as a school. Every child knows that 2164 years ago, “A Great Miracle Happened There.”

As part of our MJC&S intergenerational program, our preschool will be visiting the Jewish home for the Aging in Reseda. The children will be singing Chanukah songs along with our cantor and will be performing a Chanukah play. The preschoolers have made a beautiful Chanukah menorah and will be presenting it to the seniors as a gift.

Both the preschool and the religious school are coordinating with Children’s Hospital of Los Angeles to send special presents to children who are ill over the holidays. Gifts were donated by a toy company, Jakk’s Pacific, and the new toys will be wrapped by our students and sent with a special handmade card to more than 100 children this week. This program will continue with a pen-pal program between our students and the Children’s Hospital, so that an ongoing connection can be made throughout the year to children who could use a dose of care and attention. In this way, the light of Chanukah can continue to burn.

Please join us at MJC&S on Friday, at 6 p.m. for latkes (potato pancakes) and at 7:30 p.m. for a concert (no charge) to celebrate the joy of Chanukah.

Fire destroys landmark store

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Fire took The Malibu Colony Company early last Thursday morning, also destroying a portion of neighboring TraDiNoi restaurant. By mid-day, the charred structures were being torn down and the store’s employees, many looking shocked and weepy, were operating out of the Colony Co.’s neighboring annex, while cards, baskets of flowers and snacks, and offers of food and shelter began arriving.

Responding to a 3:19 a.m. report of a structure fire, signaled by a heat detector, the county fire department dispatched five engines, one paramedic squad, one truck company, one patrol and one battalion chief to the scene. One firefighter was injured, said Mark Whaling, public information officer for the L.A. County Fire Department.

By Friday, the Sheriff’s Arson Detail was still investigating the origin and cause of the fire but said it did not appear to be arson related. While no one would specifically point to a cause, sources indicated it was likely electrical.

The fire singed neighboring shrubbery several shops away. As visitors to the store noted, had the fire occurred the following morning, when strong winds were gusting, the results would have been even more disastrous.

Greg Kozak, property manager for The Malibu Country Mart stores, said repair and rebuilding work began immediately. The new Colony Co. building is currently being designed by a local architect.

Kozak said the city of Malibu is requiring a complete overhaul of the electrical system at TraDiNoi, but Kozak is filing for a Temporary Conditional Use Permit so the restaurant can operate under a tent on its patio area. Kozak expects the restaurant to be operational, “at a real stretch, in two weeks to a month.”

The Malibu Colony Co. store was 100 percent destroyed, said Kozak. While damage to TraDiNoi was not considered “total,” Kozak said, its roof and the common wall with the store were called a total loss, its floor was destroyed by excessive water, the air conditioning system was “roasted” and it suffered smoke damage.

Kozak was notified of the fire at 5 a.m. by a “911” page from the sheriff’s department. He said he took off down Pacific Coast Highway, where he was stopped and ticketed for speeding by an LAPD officer, despite showing his pager to the officer.

Friends and co-workers had tried to reach Tina Nicholls, manager of The Malibu Colony Co., but she had changed her telephone number. The Fire Department, which had recently visited the premises to update its records, had her new number and telephoned her at 6 a.m., informing her of the fire and asking her to come to the premises.

“He said, ‘Drive carefully,'” Nicholls recalled. “I put the phone down, threw on some jeans and ran out. My husband drove. All the way, I kept thinking, ‘It’s probably just one part.’ I drove up and saw the empty shell. That was it for me.”

For customers who had placed orders prior to the fire, The Colony Co. is shipping inventory from its Laguna store or providing refunds, at the customer’s option. Shipments of new items are still arriving, including orders placed earlier in the fall.

As for employees, Nicholls said, “They’re all staying with me. They’re all going to get paid.

“It took a tragedy like this to let us know Malibu people are good people. Flowers keep arriving, people keep calling. People have offered their houses. They’ve sent in food and food vouchers. People are coming in and buying, just for the sake of buying — cards, little things.” She keeps the community’s sympathy notes in the annex’s fireproof safe.

Big wheels, bigger deals?

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If we are what we drive, and in California that’s pretty much the case, what does it say about us that in defiance of rising oil prices, we all seem to be moving up a size?

Gone are the Miatas, Bimmers and Celicas that once lined Rodeo Drive while their owners spent their savings at Hermes and Gucci.

Did we learn nothing from the gas crunch of the ’70s?

Apparently. Sport utility vehicles proliferate. And if bigger is better, the Leviathan of the Year Award probably will go to Ford’s new Excursion.

Standup comics are having a field day with one-liners like, “It can pass anything on the road but a gas station.” and “Know it as the Ford Subdivision.” Even L.A. Times car critic Paul Dean dubbed it the Excursion Valdez.

It tips the scales at almost four tons — that’s more than the two horses and trailer I used to pull with my Oldsmobile station wagon.

It’s as long as a Metrolink car and broader in the beam than a Hummer. Ford says it will fit in your garage, but don’t plan to walk around it or open the tailgate with the garage door shut.

With a 44-gallon tank addicted to high-octane, you could probably run two Hondas for less.

Ford marketing strategy hails it as the perfect vehicle for soccer moms, but dealers say mostly men buy them. I did see one very frustrated woman trying to park a brand new, white one. Her license plate (I’m not kidding) was PSYCO MA.

Don’t get me wrong. I have nothing against SUVs. My daughter, a real (if reluctant) soccer mom, drives a Jeep Cherokee, her sister has a new Dodge Durango. Their brother still pulls his horse trailer with an ordinary pickup.

When they were still kids, I hauled them, their dogs, their tack and occasionally a friend in a station wagon, the kind only Volvo makes now. Then, Detroit dropped the durable, full-size station wagon in favor of smaller, more economical wagons, and we who needed to pull trailers switched to trucks — pickups with camper shells so the kids and dogs didn’t freeze.

Then came Blazers, first of the SUVs, the main benefit of which was interior access to the rear seats (not an option with small camper shells). Sounded like a good idea. I priced one. Decided to hang with the pickup.

But the Blazer grew up to be a Suburban – wider, taller, longer, the biggest thing on two axles. It could pull a trailer. It could break your budget.

Somewhere along the way, I got smart. Contracted out the horse hauling, gave the truck to my son and bought an Audi. Front-wheel drive, manual transmission, rack and pinion steering. Suddenly, driving was fun again. I took the twisty canyon roads like Andretti, downshifting, accelerating through the turns. What a blast! And I could drive to Monterey on one tank of regular gas. In ’74, I only had to sit in the gas lines every other week.

That was a sure cure for the “bigger is better” idea. Lots of other folks got back into sports cars. My sister had a VW Bug, then a Triumph. (Later, she became a soccer mom and switched to Volvo.) Friends bought the new smaller imports — compact became a car description and a parking space designation.

Ah, yes. Did I mention parking? The Excursion comes with radar to let you know if you’re backing into a building or another car. Somehow I don’t find that reassuring. And it has dedicated controls for front and rear heating and air conditioning. That’s because the rear seat is in a different time zone.

Ford is touting this stretch blimpo as environmentally friendly because recycled materials are used in its frame and interior. I’m all for recycling, but I’m not sure I’d want a vehicle made from used coffee cups. Particularly not one that stickers at three times what I paid for my first house. Apply for a 30-year mortgage before Greenspan hikes interest rates again!

Anyway, I don’t think there’s a Ford in my future. Although I was blessed with another grandchild last month (I’m now three for three), the chances of my having to haul them to soccer games is slim to none. Even so, I know I could fit them all, and maybe the border collie, in my entry-level Saturn, for which I did not need a mortgage.

Commission waxes positive on car wash

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Malibu drivers breathed a collective sigh of relief Tuesday when the city’s only stationary car wash was granted a reprieve.

After considering staff reports of numerous violations of Malibu Car Wash & Detail’s conditional use permit — weighed against testimony by about 30 residents, who waited four hours to voice strong support for owner Justin Silvers — the Planning Commission voted unanimously not to revoke the permit.

Most of the violations cited by staff were for parking cars awaiting or following service in spaces other than the seven allotted for the popular business.

The problem was not that Silvers wasn’t doing a good job. It was that he was doing such a good job customers were taking up too many spaces and double parking in a traffic lane while arranging for the services they wanted.

Silvers’ representative Alan Block noted the alleged violations were not proven by code enforcement officers and that most were a misunderstanding of what was actually taking place.

Most of those who spoke said they were in the habit of driving up to the car wash, stopping long enough to say they wanted a wash, wax or detail, parking their car and bringing back the keys. All said they shopped, lunched, had doctor’s or salon appointments, watched their kids play or take dance classes and used the center’s other facilities while their cars were serviced.

Several merchants and one dentist said the car wash was good for their businesses and thus had no adverse impact on parking.

“He’s an asset to my business, good for all the other businesses,” said Bernie Safire, whose salon is adjacent to the car wash. “He’s part of the community.”

Most said the business was environmentally friendly because it saved thousands of trips to Santa Monica or the Valley, and that cleaning cars on streets and driveways washes detergent and wax down storm drains and into the ocean.

Property Manager Greg Kozak noted the dates of the alleged parking violations were on Saturdays and Sundays when there is a lot of space vacant. “At least 20 assigned spaces are not in use.”

Block also noted, “Revocation of a vested interest should take a higher standard than application for a new CUP.”

In 1993, Silvers had to make a $65,000, nonrefundable payment for the Malibu Country Mart lease and was granted a CUP.

The permit was modified in August 1998 approving expansion of the use. At that time, modifications included limiting washing to the existing washing bay (stall 7) and detailing and spot checking to stalls 1 through 6 along the westerly property line. A new condition stated, “Customer parking shall be limited to parking stalls 52 through 54 only. Vehicles shall not be served in these parking stalls.” The use was also limited to washing and detailing only and prohibited window tinting, engine steam cleaning, dent removal and other uses not involving the exterior washing of a vehicle and detailed cleaning of the vehicle. The vote at that time was 4-1 in favor with Commissioner Ken Kearsley against.

This time, commissioners seemed inclined to allow the permit to remain but with new restrictions. Planning Director Craig Ewing reminded commissioners the cited violations involved specific restrictions they had added to the permit over his recommendation. “The problem is regulating behavior. It’s difficult for city planning departments to do. The conditions . . . are putting us in a baby-sitting role. You need to decide if you want this use here but not impose conditions.” Ewing said. “Don’t limit parking for the car wash to those spaces.”

Commissioner Andrew Stern agreed. “We set the staff up. We set impossible conditions. There’s clearly a necessity for this business. I don’t want to see the CUP taken away. We should relax the standards.”

Commissioner Jo Ruggles said, “I don’t think there was intent to set it up to fail. I agree the standards should be relaxed. I would not revoke the permit. Amend it.”

Commissioner Ed Lipnick said he thought violations had occurred but, “What we’ve seen here doesn’t meet the standard of proof for revocation.”

Kearsley said, “I believe he [Silvers] is too successful. He tries to compromise to get around the conditions. We should get rid of the standards so we don’t force him into violations.”

Ewing suggested the best way to keep people from double parking in the traffic lane is to have it red striped as a fire lane that must be kept clear. This is to be done within 90 days, after which sheriff’s deputies can ticket anyone parked in the fire lane.

Commissioners voted 5-0 to eliminate regulations on how cars are parked and to open up the use of the seven spaces on the west wall. Washing is still confined to the one bay that has a drain, and the electric spray compressor that restricts water flow may be used there.

After the meeting adjourned, Silvers said, “I’m very, very happy at the turnout. I’m proud to be in Malibu.”

In other action, the Planning Commission heard several hours of discussion on a zone text amendment relating to the definition and application of the stringline rule for establishing beachfront setbacks on beachfront lots. Kearsley and Lipnick favored the averaging method advocated by architects Ron Goldman and Norm Haynie; Stern proposed bringing the city’s rule into line with the Coastal Commission’s as applicants ultimately must satisfy those guidelines. Ruggles and Kabrin agreed. The vote was 5-0 to continue the matter to Jan. 17.

Getting fit with military discipline, Malibu setting — A first person

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The Optimum Boot Camp, a two-month fitness program founded at Venice Beach by celebrity fitness guru Raphael Verela, has landed in Malibu. The Boot Campers are now maximizing their fitness potentials to the sound and sight of rolling ocean surfs and early morning sunrise hues at Surfrider Beach, three days a week, between 6-7:30 a.m. An evening class will soon begin there, too.

I was inspired to check into “the camp” by the recent cancer-caused death of a family friend three days before her 53rd birthday.

I joined the Boot Camp to get back in shape after the appearance of a couple of years of stress-induced excess body fat! It was dramatic the way I put on the weight, so I needed extreme measures to get it off.

I was attracted to the military-style format of the class. I figured if one wants to develop discipline, especially as it relates to the body, the military is a good place to start. Plus, I figured it would be fun working out at the beach with a group of other insane individuals.

It is fun. However, it is also a lot of hard work. Verela and the other certified trainers are firm yet compassionate.

Camp includes free parking, a free fitness evaluation, cardiovascular/aerobic and anaerobic (weight) training, a nutritional program, kick boxing, plus the assistance of four certified fitness trainers.

I arise around 4 a.m. I gulp down a protein shake, then cruise down PCH for 6 a.m. warm-ups. Some days, the warm-ups alone — stretching, push-ups and side-straddle hops, for instance — can pump my heart rate beyond its target.

Then, the obstacle course begins. I crawl under barbed-wire fences, jump over hurdles, attempt to climb ropes and do arm pull-ups and legs squats. Just when my body thinks it’s over, Verela or another trainer instructs me to report to the muscle training station.

After about 15 minutes of stressing-out my muscles, one of the instructors yells a command to begin the obstacle course again. After about three rounds, it’s time for kick-boxing. As I run to the designated kick-boxing area, I think to myself that I’ve surely lost my mind.

After 20 minutes of high intensity kick-boxing, the class is taken on a 30-minute soft-sand jog.

At the end of class when I can feel my way past all this over-exertion, I think about all the additional advantages of working out with Optimum. The cost is about $75 per week, a good deal considering the $25-per-hour cost of kick-boxing classes alone, or personal trainers, who average about $50 per session.

Camp meets every Monday, Wednesday and Friday, sunshine or rain. Says Verela: “People need to be re-educated about the nondangers of working out in cold weather or rain. If you think about it, you’re not going to feel cold while your heart is pounding at 190 beats per minute. As a matter of fact, the cold weather can actually be a benefit, because it helps cool down your body while exercising.”

The key to fitness, of course, is combined exercise with proper eating. So, I’m in good shape (literally and figuratively) as long as I keep showing up for class and following the nutritional program I’ve been given.

And the class gets me up and out of bed early in the morning, three days a week. This is a good thing. The rest of the time is spent recuperating from the trauma of exerting my body beyond maximum expectation.

Opening new doors

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Husband and wife John Densmore and Leslie Neale sit on their sofa, both cross-legged. As one shifts position, the other soon follows, so “in tune” are they.

They met at an “underground” performance art workshop in downtown L.A., “when the downtown art scene was really happening,” Neale says. Originally the drummer with the legendary rock group The Doors, he was drumming for the Actors Gang when she joined that theater group. First a child actress at the Dallas Theater Center, then a graduate of the University of Texas at Austin with a degree in film, she earned her living by commercial and television appearances.

Then, three years ago, Neale says, she “jumped off” and the couple began making documentaries — writing, producing and directing them. “We collaborated,” she says. How was that? They simultaneously laugh the same laugh. “Too much togetherness,” she says. “Our differences came out,” he says.

The story of their collaborations, and differences, may be the subject of their talk at the Women in Film networking breakfast Friday, and as will be apparent, vive la diffrence.

Densmore explains, “I liked being in the spotlight. I was — for a long time.” Neale says, “I love the rehearsal process. I hate it when the audience comes.”

Their documentary, titled “Road to Return,” was born after Densmore bought drums for a prison program called Project Return, dedicated to the aftercare of prisoners. “Drums had given me everything,” he says. So they went to watch what he calls an afternoon of incredible catharsis, and they became involved in the program.

“We’re bleeding-heart liberals,” he says. “We were shocked about the generalization of ‘monsters’ in the prisons. Only 3 percent or less are monsters. The rest grew up in the ghetto and had no choices.”

Neale says she “got totally turned on” by the program and decided to make a documentary about it. Her husband collaborated in the filming process until she kicked him out of the editing room. He admits, “After ‘Light My Fire,’ nobody told me what to do.” Then, the warden kicked everyone out.

She never feared for herself in the prison. “There was more sexual harassment working in production in the film business. I never had it as an actress, because the union protects us, and never from the prisoners.”

Three years later, the program resurfaced, outside the prison, and she was asked to resume filming. She did so, believing in Project Return for its reduction of recidivism. The completed documentary has been shown to Congress and has resulted in the project’s funding in six additional states.

Now, she is working at juvenile hall, teaching video production to eight minors — all but one facing at least a life sentence. “It’s really where my heart is,” Neale says. “John always encouraged me to do it. Acting pales compared to this.” She developed her program from a writing project there.

Densmore came to see her work at juvenile hall, bringing fellow musicians with him. “What a joy,” he says of the kids. “They’re so appreciative.”

“I’m getting far more than they’re getting,” Neale says. “No one wants to look at juveniles right now. Youth is demonized — a scapegoat for everything.” He adds, “There’s a lack of mentors. It’s a reflection of our society. They’re just kids.”

In addition, Densmore is working on a new album, which will synthesize world music and jazz — “tribal jazz,” he calls it. Friends composed the music, which he is helping arrange.

Neale says she was never a rock ‘n’ roll fan, always a jazz fan. He says his idol was always jazz drummer Elvin Jones, whom he finally met. “I brought him my [autobiography]. I was really nervous because jazz people sometimes have attitude. I showed him I wrote, ‘You gave me my hands.’ He was very, very sweet.”

After penning his autobiography, Densmore swore he wouldn’t write again. But he had a story to tell, set in the ’60s, so he wrote a script. His writer friends warned him the actors would change his words, so he turned the work into a novel. He and those friends swap “big favors” of reading one another’s works.

He “sort of” likes the writing process, listing the upsides: “You can do it alone; you don’t have to get musicians.”

The couple also boards horses at Zuma. His sister once lived there, on the property now occupied by the equestrian center. “So we’re very connected to the land,” he says. “When ‘Light My Fire’ hit, the president of Electra Records wanted to give us a gift. Jim [Morrison] got a type of a horse — a Mustang Shelby Cobra. I asked for a real horse.”

Born in Santa Monica and raised in West Los Angeles, he says, “It got me into nature and the Chumash. I realized it was nurturing my soul, if I got depressed, to go hiking.” Now he reads Chumash stories to his child.

Asked what he thinks of today’s music, he says, “To tell the truth, I read the book review section now.”

Leslie Neale and John Densmore speak at Women In Film’s networking breakfast Dec. 12, 8-10 a.m., at The ChartHouse restaurant, PCH at Topanga.

Kissel says no contest

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For former residents Roger Goldingay and Saria Kraft, last week’s resolution of the environmental crimes case against mobilehome park owner The Kissel Company was good news. They had testified, one for 4-1/2 days, one for five hours, about a failing septic system which frequently leaked sewage in and around the Paradise Cove mobilehome park.

The criminal case, titled “People of the State of California versus The Kissel Company,” was settled last Thursday when mobilehome park owner Kissel pled no contest to 14 counts of illegally discharging sewage. The six-week trial, heard by Malibu Municipal Court Judge Lawrence Mira, resolved 45 counts of criminal charges filed by the L.A. County District Attorney for 21 sewage spills that occurred in 1997 and 1998 in or near the park.

“The spills I documented were a small percentage of the total number” said Goldingay, a 17-year resident. “Instead of fixing or replacing the system, [Kissel] pumped pits out daily and took the wastewater to a leach field on the property and dumped it. The horrible smell 10 feet from our living room was equivalent to harassment.”

There were numerous overflows into the children’s playground, exposing people to all forms of infectious bacteria, Goldingay added. “We were living under Third World conditions in one of the most beautiful and environmentally conscious cities in the world.”

According to Deputy District Attorney Rob Miller, who prosecuted the case, Kissel pled no contest to 14 counts of violating Health & Safety Code Section 5461, illegal discharge of sewage. The court sentenced Kissel to three years probation, imposed a $50,000 fine, which would be stayed if the company fulfilled all terms of the probation, and imposed a $1,400 restitution fine.

Under the terms of the probation, Kissel must immediately implement a preventive maintenance program to stop any further spills in the park, Miller continued. Kissel also must design and install an adequate new septic system within a “reasonable period of time,” Miller said.

In addition, Kissel must select and fund a wastewater disposal expert to continuously report on the progress of the maintenance program and new septic system, Miller continued. The initial reporting date is Jan. 7. As a further indication of the court’s supervision, the expert is to be paid through a trust account and only upon the court’s order, Miller said.

Seven-year park resident Saria Kraft said she was pleased by the outcome, noting children often couldn’t get to the playground without going through sewage. “The most frustrating thing about the situation was trying to get action,” she said. “I’m very happy about the outcome because it took many of us so long to get the attention of public agencies.”

Effect on other cases

The criminal case resolution will affect at least two other cases growing out of the Paradise Cove Mobilehome Park disputes.

A recent Superior Court decision vacated the city’s 1998 denial of Kissel’s application for a rent increase. The City Council is to discuss a response to that decision in a closed session before its meeting Monday.

The city can either appeal to a higher court or send the matter back to the Rent Stabilization Commission for further hearings. Settling 1994 and 1995 federal cases over Malibu’s rent control ordinance has cost the city more than $2 million.

In another civil case, a number of the coachowners are suing Kissel for failure to maintain the park properly. It is set for trial in January.

Things for you to do while I’m gone

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It’s very hard to focus the mind when you’re about to go on vacation. I keep trying to stay centered on the Malibu City Council, but my mind keeps drifting off to the cruise ship tied up somewhere in Portugal just waiting for Karen and me to go sample the pleasures of Portugal, Spain and North Africa.

Earlier in the year, Karen had actually dared me to leave, to tear myself away from this Malibu Eden for 16 days. She said I couldn’t do it. I cavalierly said, “Piece of cake.” But now that it’s getting perilously close, I’m afraid I’m beginning to show nervous symptoms of “councilus interruptus.” It’s a common editorial disease, but I’m hoping a few weeks in the sun will cure it.

So I’m going to leave it to you, Dear Readers, to keep an eye on things while we’re gone and then to fill us in on the details with a few carefully crafted letters to the editor after we get back.

If I might just offer a few suggestions about what to watch for:

  • On Dec. 13, the City Council will tell us if there are going to be special rules for very special people. That’s the night the council will have to decide if Barbra Streisand, our special singer of songs, will also go down as our special builder of basements. Aside from wanting to build a very large house, on a rather questionable lot, and some very dubious stretching of the rules by the Planning Commission to make it all OK, she seems to have this need to build basements. I can understand a basement under the main house, because Barbra and I both hail from Brooklyn, and the cultural imprint is deep. In Brooklyn, you haven’t arrived until you have a finished basement, wood paneled, with a mirror from an English pub behind the bar. Certainly, I would never want to deny her that. But it’s the other basement, the one she wants to put under the garage, that has me puzzled. So I leave it to you, Dear Readers, to figure it out.
  • That night, the council will have to decide if Gil Segal, maker of land trusts and another old council favorite, gets to do grievous bodily harm to his next-door neighbors’ proposed swimming pool.
  • The outcome of those two decisions will tell us lots about whether this council is really independent and whether Tom Hasse, the swing vote, is truly willing to steer an independent course.
  • There is another vote being taken soon, one that impacts another part of our Malibu life, our cultural life. The Malibu Stage Company, to which many of us have contributed over the years, is in the midst of an explosively bitter battle between the board of directors and Creative Director Charles Marowitz. This is a clash between some large talents and some even larger egos, and, hopefully, by the time we return, some things will be settled, and we’ll be able to report the full story. This is one situation that cries out for someone to be brought in to mediate the situation because we all want to see the theater succeed and flourish.
  • Keep an eye on that PCH sewer repair in Santa Monica. So far, it hasn’t been too bad, but that could change if the Z traffic comes back. If you see anything that causes any avoidable delays, please let us know so we can make some noise.
  • Lastly, we’ll be back in a couple of weeks because if there is one thing I know for sure, it’s that I don’t want to be in some faraway place when the millennium comes. I want to be home with my friends, someplace where I know I can walk home if there was one extra computer chip in my auto that decides to stay in the 20th century, enjoying the big, fun, millennium fireworks display our city forgot to get organized.