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When whales talk

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When CNN reported on the Orca at Orlando Sea World last week, didn’t it occur to anyone that this whale may be just ticked off! The idea that this Orca mistook the man who entered the tank for a toy, and played with him under water, takes a lot of explaining, since Orcas and Dolphins in general are fairly sagacious. Perhaps, do you think, it may have something to do with the abnormal environment and the way this whale has been treated all his life?

Maybe this whale is just acting out how he feels. After all, he is being kept as a “breeding whale” in a small tank, and expected to “breed” on command. Do you think he might know that under the latest change in the so-called Marine Mammal Protection Act, his offspring will be legally classified as the property of SeaWorld — in other words, as slaves. [A] report referred to him as “this bull whale,” suggesting he is some kind of cattle. (True enough, trainers and “scientists” carelessly use this term, which was invented by whalers, who did think of whales as a kind of livestock. And until recently, African slaves and their male descendants were referred to as “bulls” and “bucks” in the United States.) And can you read anything into the fact that when people arrived in the morning, the whale was displaying the drowned man on his back, for all to see? (Was it a gesture of sympathy, or an attempted rescue, of which reports have been quite common, or was this bull whale making a point?)

And isn’t it ironic that the one “animal rights” organization CNN interviewed (The Humane Society) complained about “lax security” at the marine theme park! Do you think that maybe the problem may not be keeping people out, but rather keeping the whales in?It seems that even when a whale makes a statement, it has no chance of getting through the media haze.

We say: bull whale!

Francis Jeffrey, CEO

The Great Whales Foundation, Malibu

Not Bluffing

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This letter was sent to Gov. Gray Davis.

I am writing to express my strong position regarding Bluffs Park in Malibu. Since 1983, the Department of Parks and Recreation has allowed Malibu to use the park for Little League baseball. At this time, Malibu was notified that State Parks intended to reclaim this spectacular coastal viewpoint as a location for a visitor center in conjunction with National Parks.

In October 1997, at the request of former Park Superintendent Dan Preece and current Superintendent Russell Guiney, my office arranged a meeting with Malibu High School staff and City Manager Harry Peacock to determine the progress made by Malibu to locate other sites for baseball fields. The primary purpose of the meeting was to avoid an outcry in the future that the city had no knowledge of the state’s intention to reclaim Bluffs Park when the present lease runs out in 2002.

A few weeks ago, on a tour through Malibu with Parks Director Rusty Areias, Superintendent Guiney pointed out a dozen locations where a single or multiple ball fields might be located. The city ostensibly has made no such search.

It is time for Malibu to take the initiative and select new sites for their recreation programs. With its unique setting on Santa Monica Bay and the California coast, Bluffs Park must remain in the hands of State Parks and returned to a more natural state for the use of all Californians and our national and international visitors.

Sen. Tom Hayden

Kuehl tells furious phone customers to contact FCC before July 30

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Responding to massive public outrage, Assemblymember Sheila Kuehl chaired a town hall meeting last Thursday to find an alternative to the way people are forced to make a local telephone call.

Briefing the crowd in the Santa Monica Civic Auditorium about the status of the proposed area code overlay, Kuehl, whose district includes Malibu, said people should contact the Federal Communications Commission before July 30, the end of its comment period on proposed changes.

The current area code overlay plan (overlaying new area code 424 onto the region now covered by 310) imposes 11-digit dialing on large sections of the Westside. It caused such an outcry that the California Public Utilities commission last month agreed to postpone the July 17 introduction of the overlay and consider alternative ways to deal with the shortage of telephone numbers claimed by telephone companies.

The PUC filed a petition with the FCC to engage in “number pooling” (allowing phone numbers to be transferred from one company to another in much smaller groups than the current blocks of 10,000) in California before the FCC does it nationally, Kuehl said.

Separate area codes for cell phones and pagers is also being considered. The FCC is considering whether this would place mobile communications companies at an unfair disadvantage, Kuehl said.

If the petition is granted, California could be allowed to allocate available numbers within a year-and-a-half, but this would not affect the immediate 310/424 situation. “Let the FCC know in vast droves that they have to move faster,” Kuehl said. “Believe me, public officials read their mail.”[See “Contact Information” below.]

Introducing officials from the PUC, Kuehl said, “People are having real problems with this [11-digit-dialing system], including [those] who live in apartments with security systems which are equipped only for seven-digit dialing. Business owners are losing significant resources to the tasks involved in reprogramming their dialing systems. People are also angry because they feel shut out of the process.

“I urge you, stop the current overlay plan and stop 11-digit dialing,” concluded Kuehl. “The number hoarding has to stop.”

Acknowledging Kuehl’s remarks, PUC commissioner Henry Duque, who was present on the dais along with commissioner Carl Wood, replied basically that the state agency’s hands were tied by the FCC. “Despite the fact that numbers were probably not used efficiently,” he said, more phone numbers were needed by new carriers. New action was required by the FCC. The only choices available were a geographic split or an overlay. The need to dial the area code plus seven digits, although “onerous,” is an FCC requirement, and the “1” before the area code is a holdover from Pacific Bell’s system, Duque said.

Speakers from the Westside and the South Bay (which two years ago went through the trauma of splitting off area code 562 from 310) addressed officials for nearly four hours, ending just before 11 p.m. There were several categories of complaints, including preferences for overlay versus area code and resentment about government treatment.

Malibu resident Ryan Embree called for separate area codes for fixed-use and mobile telephone numbers. He also said he resented the $1,000 his homeowners association had to pay for a new security system. Saying overlay was much easier for telephone companies than their customers, he taunted officials, “What part don’t you understand?”

Another speaker pointed out that the 11-digit system caused “confusion and error” for small children, who are taught to call home for all emergencies.

Santa Monica City Councilman Paul Rosenstein said people feel they have not been told the truth, leading to a question of faith in government.

Contact information: FCC, RE: CC DOCKET 99-200, FCC Secretary, 445 12th St., Washington, D.C. 20554; FCC Chairman William E. Kennard, call 202.418.1000, fax 202.418.2801, or e-mail “bkennard@fcc.gov”; Rep. Brad Sherman (phone 202.225.5911, fax 202.225.5879, e-mail “brad.sherman@mail.house.gov”); Sen. Barbara Boxer (phone: 202.224.3553; fax 202.228.4056, e-mail “senator@boxer.senate.gov”); Sen. Dianne Feinstein (phone 202.224.3841; fax 202.228.39954; e-mail “senator@feistein.senate.gov”); presidential hopeful, Vice President Al Gore (phone 202.456.1414, ext. 1, fax 202.456.2461 or on the Web at www.whitehouse.gov)

Piled higher and deeper

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This letter was sent to Mayor Walt Keller.

On Friday night, I took some out-of-town relatives to the Malibu Lagoon to view the birds. I had to use one of the portable toilets and, fortunately, what I had to do did not require me to sit down. The solid waste was up to within a couple of inches of the toilet seat. I told the lifeguard, who was just closing up the tower, about the disgusting condition of the outhouse and he nodded his head and replied that he was well aware of the situation. He told me that the maintenance of the facilities was the responsibility of the Department of State Parks.

Since you and the others on the council seem so adamant about preserving Malibu’s environment I would suggest that you take a walk, investigate the situation yourselves then put some heavy pressure on the Parks Department to do what it is supposed to do. I think that this is almost as important as some of the other things you kick around in meetings.

Jack Read

Neighbors’ dispute comes to council

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A long-standing, acrimonious dispute between Malibu Road neighbors erupted in public at the City Council meeting Monday when attorney Sam Birenbaum charged during public comment that the city staff was wrongfully enforcing city codes based on ethnic discrimination. He also read the council a note he said he took off his wife’s car that read, “All [epithet deleted] must hang.” He made reference to a “racist Realtor,” whom he charged wants him and his wife off the beach.

Birenbaum and his wife, Nidia, who is a city commissioner and an African American, have been involved in an ongoing dispute with their neighbor Steve Karsh.

Karsh has complained numerous times to the city that the Birenbaums’ septic system was not functioning and that untreated sewage was flowing directly onto the beach.

The city staff investigated the matter and recently filed misdemeanor charges against both Birenbaums for allegedly building a fence and patio without permits and maintaining an unlawful septic system.

After hearing Birenbaum’s allegations, the council instructed the interim city attorney to report back on the nature of the allegations and on the complaints that have been filed, and to determine whether any of these matters should be referred to another agency. The interim city attorney called the charges of selective enforcement “serious allegations.”

The conflict between the neighbors has a long history of civil and criminal court actions and sheriff’s reports. It has escalated over the last year-and-a-half with many lawsuits, counterclaims and restraining orders.

A reciprocal permanent injunction, issued Nov. 24, orders each party — Sam and Nidia Birenbaum, Karsh, his companion, Nina Maier, and tenant Nancy Heflin — not to trespass upon the other’s property, and to maintain a distance of at least 10 feet from the other except when entering and exiting their front gates, stairs and/or taking out their trash or collecting or depositing mail. Parties may not approach each other and may not allow their dogs to trespass nor be off leash.

Sheriff’s reports show six complaints filed since January. A claim by Karsh on Jan. 4 stated Birenbaum violated the court order by placing a letter in Karsh’s mail box.

On Feb. 6, Birenbaum filed a complaint alleging violation of the court order in connection with an incident involving their son and Karsh’s guests about parking in front of Birenbaum’s house and alleging attempted assault with an automobile. The deputy reported he didn’t believe an attempted vehicular assault had occurred and that the son was not a party to the court order.

On March 28, deputies responded to Karsh’s complaint about construction noise on a Sunday at Birenbaum’s property.

On June 11, deputies were called by Birenbaum for “suspicious circumstances, possible violation of a court order.” According to the report, Birenbaum said he and his wife heard Karsh and a friend yell profanities from their balcony. Birenbaum said he recognized the voice as that of a former client of his firm. The deputy reported he looked at a copy of the court order, that the client was not named in the order and that he could not determine if the neighbors were talking to the informants.

The latest complaint, for “assault with a deadly weapon (vehicle),” filed by Karsh on June 25, accuses Birenbaum of trying to run Karsh down with his car. Two days earlier, sheriff’s deputies responded to Birenbaum’s call of a possible burglary. He said the desk in his home office had been moved about 12 inches away from the wall. Nothing was reported stolen, but Birenbaum wanted the incident “documented with a report,” deputies said.

The ongoing hostilities escalated during the El Nino-driven storms in February 1998 when Karsh reported Birenbaum had moved some of his rip rap (boulders) with a tractor to protect his property from high surf. Birenbaum then sued Karsh and KCBS-TV for defamation after Maier said on camera a neighbor had moved the rocks.

In March, Karsh and Maier were found in contempt for violating the court order after they failed to appear at a scheduled hearing, and they were ordered to pay $250 to the court and $250 to the Birenbaums.

Additional incidents allegedly include dogs off leash, yelled obscenities, unpermitted grading and building, even frowning and staring.

The parties are due back in court July 20.

Vicky Newman contributed to this story.

Stage Reviews

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“Twisted Tweed & Poison Olives” and “The Merry Wives of Windsor”

Twisted in the wind

“People made clothes in the Middle ages from tweed. It itched,” says lecturer Miss Anna Smith. “So upper management decided to make clothes out of it. We’ve internalized that sense of guilt.”

So opens “Twisted Tweed & Poison Olives.” Sounds promising, yes? Unfortunately, the rest of the play clutches at this premise but fails to truly hook into it.

Written by Patti Newler and Mary DeTienne and starring DeTienne and Charlyn Huss in its premiere at The Other Space at Santa Monica Playhouse, the play follows DeTienne through various careers in the evil world of corporate America.

A speech therapist could better assess DeTienne’s inability to speak her lines, but she appeared unable to form words without difficulty, her tongue seeming slower than the rest of her mouth. Those with speech impediments may be protected from discrimination in the workplace, but isn’t an actor’s first job to communicate clearly with the audience?

Both writer and performer, DeTienne is unable to let a garbled or forgotten word go, so she repeats lines until she is satisfied.

Although directed by Michele Lee Cobb, DeTienne fails to internalize the direction, so that her gestures are artificial and self-conscious.

Huss plays 10 characters, including male chauvinist boss, dinette waitress, German psychotherapist, French psychic and computer geek. She defines each well, but she is not completely immersed in them.

The play runs 50 minutes. At least the writers had enough savvy not to make this a two-act event.

“Twisted Tweed & Poison Olives” runs Fridays and Saturdays through Aug. 14 at The Other Space, 1211 Fourth Street, Santa Monica. Tel. 310.397.0545.

Making Merry

Shakespeare didn’t leave much in the way of casting notes. But a competent director can offer a look, a nuance, a characterization in happy compliance with the language of the play.

“The Merry Wives of Windsor” doesn’t lack for number of characters. In Theatricum Botanicum’s version, director Ellen Geer makes certain every one of them has his or her own shtick that perfectly matches the script, in the long run making for a more memorable Shakespearean experience.

There’s Alan Blumenfeld, already a substantial figure, who, as the linchpin Falstaff, becomes larger, lusty and in tight command of Shakespeare’s language.

Melora Marshall likewise mixes her easy physicality with on-target delivery as Mistress Ford.

As Slender, the slender Justin Doran turns foppish with mincing walk and girlish titter.

Jim LeFave as a manic Doctor Caius sputters in a French accent that dangerously toys with incomprehensibility.

Tom Allard makes Master Ford sympathetic while maintaining the comedy of his situation as the needlessly jealous husband. Kelly Vincent livens up Pistol with able clowning.

Other notables in the cast include Terry Evans (Master Page), Gerald Rivers (Bardolph) and Laura Gardner (Mistress Quickly).

Staging takes full advantage of the theater’s built-ins and woodsy environment, with enhancements by set designer Chris Nance. Costumes, by Shon LeBlanc, reflect the more exquisite 18th century.

With a trimmed script, deft scene changes and snappy pacing, it’s the most fun we’ve ever seen England’s middle class have.

“The Merry Wives of Windsor” plays Sundays at 4 p.m. through Sept. 19, at The Will Geer Theatricum Botanicum, 1419 N. Topanga Cyn Blvd. Caution: This is an outdoor theater and the sun is up for much of the performance. 310.455.3723.

Mama Mia! (and grandma, brother and sister-in-law)

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The world was watching Mia Hamm as she helped the U.S. Women’s Soccer Team clinch the World Cup Saturday. The celebration in her honor continued at the La Costa Beach Club Sunday as friends and family gathered to savor her hard-fought victory.

“She’s such a role model for young women, such an inspiration,” said sister-in-law Stephanie Hamm. “She’ll never have to look back.”

A contingent of about 120 members of the Hamm family and their friends from across the country made the pilgrimage to Pasadena to watch Hamm’s day in the sun. “It was a real nail biter, a real white knuckler,” said grandmother Carol Dillon, “but the team played flawlessly.”

The guest of honor had a busy day away from the beach — three press conferences had been scheduled, and the international sports media was calling. Instead, the group celebrated a family birthday. But Hamm’s triumph was never far from their minds.

Bill Hamm watched his sister’s rise from high school to college to the big leagues and even helped with a little coaching along the way. “She was always a good athlete,” he recalls, “but soccer was really her specialty.”

This weekend Hamm proved that observation an understatement, making the World Cup the most-watched women’s athletic event in history and giving her large and very loving family a day they would never forget.

Court of Appeal turns down Segel

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The California Court of Appeal has rejected the latest legal maneuver by Gil Segel and the “Malibu Citizens for Less Traffic on PCH.” Segel and “Malibu Citizens” filed their petition to block discovery in the ongoing campaign violation investigation by the California Fair Political Practices Commission (FPPC).

The FPPC had previously subpoenaed the bank records of Segel and “Malibu Citizens,” as well as the personal records of Segel. These two parties had turned to the Los Angeles Superior Court to quash the subpoenas, where Judge Robert O’Brien heard their case and denied their request. Segel and “Malibu Citizens” appealed his decision to the Court of Appeal, claiming they had a right to keep their financial information confidential because they were an educational group and therefore exempt from state laws governing political contributions. In denying the petition, the Court of Appeal did not set the case for briefing and oral argument but rather denied their request summarily.

Segel and “Malibu Citizens” must now decide either to consent to the discovery or petition the California Supreme Court for a reversal.

In a second petition, Segel and “Malibu Citizens” had asked the superior court to stop the entire state FPPC investigation. This petition was likewise denied by the lower court. Segel and the “Malibu Citizens” requested the court not to make that order final, giving the Court of Appeal an opportunity to make a decision on the first petition. The court agreed to wait, and with its July 9 ruling, the Court of Appeal has made that decision.

Court observers say the superior court will probably issue a final order in the second case, which also could be appealed, but it was considered highly improbable that the Court of Appeal would reverse as it has already made a decision on the issue of discovery, which is considered Segel’s and “Malibu Citizen’s ” stronger case.

Council agrees to perform septic study for water board

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Faced with little choice but to comply with a Regional Water Quality Control Board-mandated investigation of the septic systems adjacent to Malibu Creek and Lagoon, the City Council Monday reluctantly agreed to perform a study this summer, but not before fighting staff members from the board at almost every turn.

The study, which will cost close to $68,000, will occur over a six-week period this summer and is timed to coincide with a breaching of the lagoon by the state parks department. The Department of Parks and Recreation occasionally breaches the lagoon in order to send some of its excess contaminated water into the ocean. At that time, a firm hired by the city, Woodward and Clyde, and city staff members will collect samples of the water for analysis.

While relations between the city and water board have never been warm, comments by board staff members who attended Monday’s meeting did little to mend fences.

Board staff members Dennis Dickerson and Jim Kuykendall criticized the city staff recommendation for a six-week study — Dickerson and Kuykendall wanted a nine-week study at a cost of $97,000. They also questioned the Warshall report, and said septic systems do not belong in Malibu.

“Every time we get together, the thing I hear coming from you is like the conclusion is already reached,” said Councilman Tom Hasse. “That you just don’t like septic systems and [you’re] going to continue to study and study and study until [you] find evidence that the septic systems are polluting … I don’t think that’s good science, that you reached the conclusion before the study is done.”

Mayor Pro Tem Carolyn Van Horn took Dickerson and Kuykendall to task for saying that Malibu is too densely developed for septic systems.

“Other agencies have told you this, and I don’t know if that’s why … we’re guilty until we prove ourselves innocent,” she said. “But, I don’t hear that you’re really being scientific.”

She also pointed out that while Surfrider Beach regularly earns an F from environmental watchdog Heal the Bay, other beaches in Malibu regularly earn As.

“All the rest of Malibu is on a septic system, but you don’t have the [Surfrider Beach] kind of grading,” she said.

Councilwoman Joan House questioned whether the lab analysis would be able to pinpoint whether the fecal bacteria is from human waste or some other animal.

“We have a lot of birds you know … ,” House said. “I’m not getting the reassurance I need for this program.”

Kuykendall told an unconvinced House that the ratios of bacteria would show whether the bacteria is linked to human waste, and therefore septic systems.

Council members were also skeptical of the water board’s demand to sample ocean water from beyond the breakers, and they criticized a letter Dickerson wrote to state Sen. Tom Hayden in which he apparently complained of Malibu’s position on septic systems.

While the council ultimately agreed to perform the study, council members said they wanted some “closure” on their battles with the board over the impact of septic systems.

“My concern is that if nothing is determined by the study … you’ll come back and say, ‘Now we have another study,’ ” said Councilman Harry Barovsky.

After assurances from Kuykendall that he highly regards the firm the city hired to do the study, the council voted 4-1 to begin the investigation.

Mayor Walt Keller, who participated very little in the discussion, voted against the study because he believes the city should not have to pay for it.