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Picketing piques Realtors

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A not-so-neighborly dispute, aired at City Council last week and currently wending its way through the courts, was fueled Friday when one picketed the other’s workplace.

Attorney Sam Birenbaum, who is involved in lawsuits with Realtor Steve Karsh, his Malibu Road neighbor, carried a sign in front of Malibu Realty, the office with which Karsh is affiliated. The sign reportedly said Karsh on one side and racist Realtor on the other. The demonstration was peaceful, and Karsh was not in the office at the time.

Sheriff’s deputies were called and responded that Birenbaum was within his rights as long as he remained on the public street. “There’s no sidewalk there, but we assumed there should be one, and he was walking within 3 feet of the street. We made it clear to him he needed to stay on what we considered public property,” Deputy Mark Seibel said.

Realtor Tom Bates, from the Malibu Realty office, said he strongly objected to the allegation. “We don’t discriminate against anyone. It casts aspersions on everyone in the office. It’s blatantly untrue.”

The Malibu Times has received letters to the editor from both parties after publishing a story in the July 15 edition. Karsh says it is time to set the record straight: That this is not a dispute between neighbors, but one resident’s reluctance to follow the rules, and his penchant for retaliating against all complaints with litigation. Birenbaum’s letter also calls for setting the record straight, taking this newspaper to task for describing his wife, Nidia, as African American. She is a “naturalized citizen of Panama,” he writes, and so should be referred to as Latina.

Meanwhile, Judge Flynn is scheduled to hear several Orders to Show Cause involving CBS, Bank of America, Birenbaum, Karsh and others in Santa Monica Court Dept. G at 9 a.m. July 30. A criminal case filed by the city against the Birenbaums is scheduled for a plea to be heard by Commissioner Adamson July 28 in Malibu.

Voice of the turtles

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It came to our attention this week that a tiny tortoise called a sulcata was being sold in our local pet store, Pet Headquarters. Federal law requires that no turtles or tortoises under 4 inches be sold. This one was about 2 inches. Since we are a nonprofit that rescues turtles and tortoises, as many of you in Malibu already know, we were concerned about the tiny tortoise. U.S. Fish & Wildlife, as well as California Fish & Game, rely on groups like ours to help them watch for problems like this.

We informed the store’s Kevin Madden of the problem. Mr. Madden’s reaction was completely surprising. Unbelievably, he suggested that we should bend the law to suit his store. We explained that this law was to protect the tortoise and the children who might handle it. We gently tried to reach a compromise. Instead he became so enraged that he has barred us from the store. Should a person like Mr. Madden take care of animals? We think not. (By the way, this discussion took place on the phone, not in front of customers.)

The pet trade vacuums turtles and tortoises out of the wild where they should be left to live their lives in peace, not in someone’s living room in a tank. Sulcatas, now being bred in captivity, are today’s “pet du jour.” They start out tiny and adorable, and end up over 100 pounds. Because they become unwieldy and poop like a German shepherd, we get calls from people who say that they can’t keep them anymore. In fact, we have seven that have come in since the first of the year. We are the ones who pick up the “leavings” of the pet trade. In the past eight years, we have taken in more than 900 turtles and tortoises that have come from people who don’t want them and from the pet trade (did you know that when box turtles get sick, some store owners throw them in dumpsters so they won’t have to pay for a vet!).

So now we have nowhere to buy food for all our rescue turtles. If anyone can be a secret shopper and buy our food for us, please let us know — 800.938.3553.

Susan Tellem

Marshall Thompson,

founders, American Tortoise Rescue

Malibu

Going downhill

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When each winter we occasionally hear that the Hyperion plant by LAX has accidentally spilt a few million gallons of partially or untreated sewage into the sea, we always wonder, “how can this come to happen?”

The answer is that they have permits from a governmental agency that allow them to undersize their treatment facilities, by planning on an occasional “emergency” overflow. Thus the cost saved by making the plant smaller or less reliable than really needed is transferred “legally,” involuntarily onto the ocean, and onto surrounding communities who rely on the ocean — including the whales and dolphins and us.

Now we hear that plant serving Pepperdine University (with its expansion plans) proposes to follow this precedent and impose its costs, and effluent, on Malibu and our beaches. This deplorable move may be legally possible because Pepperdine is outside city limits, and sewage flows downhill.

The proposed special permit for Pepperdine expansion provides for an occasional “emergency” overflow of no more than 200,000 gallons per day. Well, what if there is more in an “emergency?” And why not set that quota at zero gallons per day?

Let us establish a simple policy that every property must fully process its sewage onsiteand either evaporate or recycle the effluent. And existing commercial properties that routinely overflow (giving Malibu the distinction of “open sewers” more familiar in other parts of the world) must be required to pool 100 percent of their effluent in the immediate vicinity. Sewers must be sized to the maximum peak discharge for the properties they serve, and the between-peak perceived “excess” capacity must not be assigned to any new uses, because it is a margin of safety.

The full load of any prospective additional commercial development, and the resulting costs, must be tied to the individual property, not dumped on the environment and neighbors, including those who live in the sea.

Francis Jeffrey

City may hire transportation planner

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After charges of abuse of its Dial-A-Ride program, the City Council on Monday is to consider hiring a transportation consultant to find an alternative method of service. The city also wants to expand the program to include people too intoxicated to drive and teens stranded without a ride.

Paying a taxi meter rate, which varies depending on traffic and wait times, the city spends between $140,000-$150,000 a year on the program for elderly and disabled city residents, said city Finance Director Bill Thomas. In a report to the council for its upcoming meeting, he recommends hiring a transportation planner for $5,000 “to provide assistance in studying alternatives to the current method of providing this service.”

The Dial-A-Ride Program provides transportation for such outings as weekly food shopping trips to local stores and visits to doctors in cities from West Los Angeles to Thousand Oaks. Riders pay $1 per trip and the cab company bills the city for the rest, using voter-approved county tax measures to cover the costs.

The city requested proposals from transportation agencies to provide Dial-A-Ride services not only for the elderly and disabled but for people too intoxicated to drive and teens stranded without a ride, the report said. The only response, from the current provider, Malibu Yellow Cab, proposed fixed costs as high as $40 for a one-way trip to a medical facility (compared to the current $75-$125 round-trip cost). “All other trips within Malibu are based on meter rate, which is what they also propose for the in-city program, the drunken driver program, and the Teen-Safe ride program,” Thomas says.

“Upon review of this proposal, it appears that very little cost saving to the existing program will be realized,” Thomas reports. He recommends rejecting the proposal and hiring the consultant, while continuing with the existing program.

Other alternatives the city may consider are getting the county to chip in for rides originating outside city limits and purchasing shuttle buses to be operated by outside companies or city employees.

“We don’t have information to make an informed decision,” Thomas said in a telephone interview last week. “We are trying to put together a program that will last a while, that will provide the most service at the least cost.”

Thomas’s report recommends hiring Patti Post and Associates, who is working with the Council of Governments, which is developing a “smart shuttle” study.

Cleanup happens

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Thanks to the concern felt by Mayor Keller’s staff a copy of the letter from Jack Read was faxed to my office prior to publication in your “Letters to the editor” section. I immediately went out to Malibu Lagoon to personally confirm Mr. Read’s disturbing discovery. Unfortunately the toilets in question were still full and obviously in need of service. I did realize that the facilities in question were not the responsibility of State Parks, my first hint being the fact that “L.A. Beaches and Harbors” was stenciled on the side of the units in question. To their credit the county was extremely responsive to my request to get the toilets pumped.

In my discussions it became evident that some uncertainty exists regarding jurisdictional responsibilities at the Lagoon. I have discussed the incident with all agencies involved. Everyone agrees that the public should be able to experience a seamless high quality recreational experience when they visit Malibu Lagoon and Surfrider Beach. There is no excuse for a visitor to be forced to use an unsanitary public facility. But let’s not point fingers. As public agencies, State Parks, the county of Los Angeles and the city of Malibu have a responsibility to work together to insure that our visitors can experience the best Malibu has to offer.

Hayden W. Sohm,

Malibu Sector superintendent

Not clowning around

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The circus is coming to Los Angeles. Ringling Bros. and Barnum & Bailey’s caravan rolls up on July 21 and will unload its collection of animals, shackled and caged, like pieces of furniture from a Mayflower van.

If you pay to see the show, you will get more than hot popcorn and a few hours under the big top. You’ll walk away with the blood of animals on your hands. Ringling Bros. is responsible for the deaths of many animals and has violated the Animal Welfare Act numerous times. Here are the latest:

January 1998: Kenny a baby Asian elephant, died after he was forced to perform in three shows in one day even though he was obviously ill. The U.S. Department of Agriculture agreed that Ringling had broken animal protection laws and demanded that Ringling pay $20,000 to charities helping elephants.

January 1998: Trainer Graham Chipperfield shot a Bengal tiger to death after the animal attacked Chipperfield’s brother Richard during a publicity photo session. Chipperfield subdued the tiger and put him in his cage, then took a shotgun and blasted him five times, shouting profanities at the tiger as he died. Chipperfield later resigned.

February 1999: As Ringling workers unloaded the animals in Norfolk, Va., a horse collapsed a died on the street. An employee from People for the Ethical Treatment of Animals (PETA) was videotaping the unloading and caught the incident on tape. Circus personnel cursed and shouted at the camera man in an effort to stop the documentation of one of their animals dying.

Please don’t give your money to Ringling Bros. Take in a movie, read a book, go rollerblading. Or take the kids (who are too young to understand that animals are exploited for money) and go for a walk. Enjoy your freedom. If enough of us stay away, profiteering animal abusers will fold up their tents and go home.

Kathy Guillermo

People for the Ethical Treatment of Animals

Gil still thrills

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Regarding your article that Segel loses Appeal. That is not true. Gil Segel did not lose his appeal.

He is a caring, spiritual, handsome, environmentally conscious, wise and sexy man.

Lost his appeal? I think not!

To his many fans, friends and to me, he has more appeal than ever. I demand a retraction.

Joanne Segel

Stage Reviews

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“As You Like It” and “Last of the Red Hot Lovers”

This “As You Like It” was made for you and me.

Appearing in Southland outdoor theaters, this production by Shakespeare Festival/LA is one of the more appealing “updated” versions of Shakespeare.

Shakespeare’s play examines a return to nature. Those living in urban France exhibit competitive, even violent tendencies. Once they move to the forest, their priorities change and they feel a fellowship for each other and for nature.

Director Ben Donenberg has set this version in the 1960s. He has replaced all those “Hey, ho, nonino” songs with music by ’60s activists, including Pete Seeger, Woody Guthrie and The Weavers, and the audience is encouraged to sing along.

While the original begins in an orchard, this version begins in a factory, the workers in coveralls singing “If I Had a Hammer.” The forest folk sing “Turn, Turn, Turn” and welcome Orlando with “You Made Me a Pallet on Your Floor.” The wedding scene features “Kisses Sweeter Than Wine” and the happy ending has everyone humming and strumming “This Land is Your Land.”

Rosalind (Jane Longenecker) and Celia (Marika Becz in a sturdy, natural performance) are ’60s chicks in minis and go-go boots. The forest folk are flannel-shirted tree huggers. The wrestling scene is staged la World Wrestling Federation including sequins and microphones. Touchstone (Lance Davis in a tasty turn) is a golf-club-toting butler. But ever-so-timeless is Tom Ramirez as the mopey Jacques, proving that eternal pessimism is never out of style.

Director Donenberg makes sure all speak clearly and plainly, with no phoney “Shakespearean” accents. Other acting standouts include Amie Farrell as a sit-com Audrey and, in secondary roles, Jose Mercado, whose voice cuts through the night air of the outdoor theater.

Set designer Douglas Rogers imaginatively creates Arden Forest with acid-green lighting and Caulder-esque mobiles of leaves.

“As You Like It” plays 8:30 p.m. through Aug 1 at South Coast Botanic Gardens, 26300 Crenshaw Blvd., Palos Verdes Peninsula. Tel. 310.377.4316.

It’s not that women are always either angry, neurotic or distraught. We know that, and playwright Neil Simon knows that. However, to Poor Barney Cashman, his protagonist in “Last of the Red Hot Lovers,” it seems that’s all they are.

It’s the early ’70s, and the long-married Barney wants to be drafted into the sexual revolution. Operating out of his mother’s apartment while she’s away doing charity work, he brings three women there for afternoon trysts.

“Last of the Red Hot Lovers” is in production at Westchester Playhouse, directed by Toni LaMonica and starring some competent talent.

This slightly off-target production is worth seeing for the performance of Roxanne Meyers as Bobbi, the Act II assignation. Meyers electrifies this model-actress-whatever from her beaded headband to her white patent-leather. She gives her self-absorbed side an unself-consciousness and her free-spirited side myriad details — she walks clumsily, she wiggles her toes. And unlike many actors, Meyers also knows how to continue dialogue over audience laughter.

As Barney, Steve Keeley is nearly invisible in her presence. He has more success in Act III opposite Barbara Clifford as Jeanette. Theirs is a more poignant relationship, as the two characters, each married, have known each other for 12 years. Keeley does well with the more serious side of Barney, and Clifford gives Barbara a ’50s vibe so we believe she’s not about to enjoy the ’70s. Lisa Bala likewise does best in more serious moments of Act I’s Elaine.

There’s also a bit too much clowning: The sofa bed launches Keeley as he tries to open it; he tosses Jeanette’s purse around after he pries it from her unwilling arms.

Simon’s dialogue is funny enough without physical shtick and had the audience laughing even without the best of comic delivery.

Costume designer Arlene Cohen captures period and characters.

“Last of the Red Hot Lovers” plays through Aug. 14 at Westchester Playhouse. Call 310.645.5156.

Fly straight

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This letter was sent to Capt. J. Payne (Ret.), Malibu Navy League

On behalf of NAVAIRES Point Mugu and the Campaign Drug Free youth education program, I want to thank you and the Malibu Navy League for your generous funding of the Campaign Drug Free flying hours for local area children. I know that you’re well aware of the critical role this campaign plays in deterring our youth from involvement in substance abuse, and your financial assistance was an emphatic demonstration of support.

I wish all of the Malibu Navy League members could have been there on the Saturday following the Point Mugu airshow, when the selected children were treated to their airplane flights. It was one of the most beautiful, cloudless days we had in some time and the only thing that outshone the bright sun that day were the bright smiles of the kids as they strapped in and began their adventure. Every one of them was thrilled, and it was all made possible by the contribution of your Navy League chapter.

Again, my most sincere appreciation and heartfelt thanks for helping the Naval Reserve Force deliver a most positive anti-drug message to our youth.

C.J. Cluster

Commanding officer

Naval Air Reserve Point Mugu

Median home sale prices exceed $1 million

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To say the bottom has dropped out of the Malibu real estate market would be highly inaccurate. To say, however, that the bottom has disappeared from the Malibu market would be correct.

Through six stunning months of local home sales in 1999, there is virtually nothing left of the “low-end” real estate market (beach homes less than $1 million; land side homes less than $600,000). While low-end sales and inventory have evaporated, abundant beach deals and high-end transactions off the beach have contributed to an unbelievable leap in the median home sale average.

More homes have sold in Malibu this year for more than $1 million than have sold for less! So far, the median price of a single-family home in 1999 has been $1.1 million.

While ’99 sales have slowed slightly (as predicted by the California Association of Realtors, due to lower inventory), the heavy volume of the past two years has come home to roost.

In 1997 and 1998, at least 85 homes sold on the “land side” (houses located off the beach or bluff) for less than $600,000. This year is projected to see only 34 such transfers.

To offset the disappearance of low-end product, the beach market is generating dizzying results, with 41 sales already in the past six months. That is more than some full years. And the big money is in play: $2 million beach sales are already equal the entire year of 1997.

In 1997, only 19 percent of home sales were on the sand (or the bluffs above the beach). Last year, the ratio was about the same; 1999 is seeing a whole new shift of market action. Beach homes account for almost 30 percent of the reported sales. No wonder the current statistics show an increase in the overall median price from $800,000 to $1,100,000.

It would be deceptive to declare that all Malibu homes are experiencing such an overwhelming leap in values. More definitive is the focus of buyers, propelled by a spirited economy. Low-end Malibu, sapped dry by heavy sales activity in 1997 and 1998, is simply getting less notice. The nicer estates are where the action is.

On the other hand, everything is $200,000 “nicer” than it was last year. Beach sales excluded, the “typical” median home in Malibu has increased in value from $709,000 last year to $892,000, a phenomenal 25 percent increase in only six months, even as fewer buyers jump in. If the current trends merely hold steady, it will be a remarkable year for values.

The sales figures are based on an analysis of all single-family home sales cultivated from records in the multiple listings, reviews of publicly recorded home transfers and word-of-mouth information. Homes in the 90265 zip code are included, and the statistics exclude condos and mobile homes.

Are there any hints of what the future might bring? There is this nugget of information: The inventory remains at exceedingly low levels. At this writing, approximately 281 homes are actively listed for sale, an amount usually representative of the dead of winter. Beach listings are about 25 percent lower than normal. The total number of homes for sale under $1 million is a paltry 84. (More than 70 percent of the inventory is listed at more than $1 million. For every mile of Malibu coastline, there are only three homes asking less than $1 million.)

More of a mystery are the current and future attitudes of buyers. While sellers bathe in newfound realty wealth, the buying public faces ever more daunting prospects. Unless underlying incomes and investments rise to greater levels on the whole, it may be that buyers will begin resisting these values, forcing sellers to ask and accept lower prices.

Rick Wallace has been a Realtor at Fred Sands Malibu office for 11 years and a Malibu resident for 24 years.