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Save the bay, not the Bay Company

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Among other things, I was prompted to write this letter after reading the laughable article, “Who’s afraid of The Malibu Bay Company” in last week’s The Malibu Times. The article focused around the soft-spoken character and concerned appearance of Lyn Konheim and David Reznick, the heir-do-wells of the MBC. The picture accompanying the article is of a couple of cute cuddly guys (Konheim and Reznick) enjoying the day in one of their shopping centers; auw gee aren’t they sweet. I guess if they have such nice personalities and claim that the development “is for Malibu, for the community” [Konheim], then we should go ahead and let them do it.

Is this the kinder gentler Malibu Bay Company, or have they hired a public relations coach in desperation to butter-up these “new families” that Konheim is so excited about? Whoever is buying into this BS either has more money than sense or made the tragic mistake of moving to Malibu instead of Calabasas or Westlake Village.

The truth is, they bought all that land assuming that Malibu would be forced into sewers, thereby enabling them to maximize development and make a killing. Nothing shocking, that’s what developers do. However, we should not feel sorry for the MBC nor should we allow ourselves to be bribed into development because these men sunk their family money into a bad land deal. I have nothing against the Malibu Bay Co., I’m sure that they are nice people and to single them out would be unfair but, while these “new families” are supposedly supporting the MBC, I feel that there is an important development issue that has been largely overlooked.

Everyone understands the principle of supply and demand; as scarcity increases so too does value. In our everyday lives we take this open land with its grass, weeds, and cyote scrub brush for granted. On our way into town, we speed past the huge chunk of open grassland in the heart of Malibu without even noticing the ducks, the great blue herons or how beautiful the grass looks blowing in the wind. If we as a community had any foresight at all we would see the value in preserving these parcels of land for what they are — open space. All one needs to do is drive a few miles in any direction to see what is happening to California. If we preserve our remaining open spaces, Malibu would be like nowhere else in Southern California. A permanently underdeveloped coastal community, can you imagine what that would do to our property value?

The MBC feels that by building their shopping center and movie theater they’re doing us a favor; no longer will we have to drive into town to do our shopping because we’ll have all the stores right here, “It’s like a gathering place for the community” [Konheim]. I don’t know about you, but my community gathering place is the beach on a sunny Saturday afternoon, not a shopping center. Didn’t we move out here to get away from L.A. and its sprawling generic suburbs? Remember, once we build the shopping centers, the condos, and put in the parking lots, the open land is gone for good; there is no going back.

Next time you drive by our remaining open spaces imagine what they would look like with hotels and pink stucco condos squeezed on to every last square inch. Aren’t you glad that hasn’t happened yet? Picture shopping centers filled with trendy chain stores and herds of nonlocals talking on cell phones, pretending to be rich or trying to be discovered. What about the traffic, where are those cars going to go? Maybe we would even get a Red Lobster, Outback Steakhouse or Planet Hollywood. Then our kids could play in their token little park and go to the token little nature center and learn about all the animals that used to live here. If you’re lonely for this lifestyle, take a drive through Orange County or better yet, move there.

If we sit back and let these open spaces be developed, we will be responsible for ruining the last livable beach community in Southern California. If we were smart we would plan for the future, think about the long-term gains, acquire and preserve this land for our community; then sit back and watch our property value skyrocket. Malibu is on the verge of making a tragic irreversible mistake. If we blow this we’ll all be sitting there saying “remember when” but by then it will be too late. Once it’s gone it’s gone forever, and won’t we feel stupid.

Stefanie Steinberg

Council members push colleagues to lift veil of secrecy

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City Council members Joan House and Harry Barovsky got no clarification Monday on the council’s reasons for hiring a high-priced labor relations attorney. But they did persuade Mayor Walt Keller to reveal the attorney’s total estimated fees, at around $7,500.

Keller has previously said attorney Nancy McClelland, a partner in the law firm of Gibson, Dunn and Crutcher, was retained to perform personnel evaluations. But her hourly rate of $420, combined with her extensive experience representing employers in job-related lawsuits, has prompted speculation that she was hired for a far more serious matter.

Because McClelland’s work is related to personnel matters, the council, by law, is not permitted to discuss certain details outside of its closed session. Yet even behind closed doors, House and Barovsky are apparently still confused about McClelland’s work for the council.

“I’ve had a number of people ask me what it’s all about, and I shake my head and say, ‘I don’t know,’ ” Barovsky said. “. . . [E]ven within closed session, I still haven’t figured out what this person is doing or is going to do.”

For the first time, Mayor Pro Tem Carolyn Van Horn and Councilman Tom Hasse spoke publicly on the subject, and each disputed House’s and Barovsky’s assertions that they do not know why McClelland was hired.

“This whole conversation is extremely embarrassing because all of us were in executive session,” said Van Horn. “This is a personnel [matter] . . . and you’re making quite a party here.”

Monday’s discussion followed a motion by House to develop a budget for McClelland. “The public has a right to know how much we’re spending and why we’re spending it,” said House. “We should not make budget decisions behind closed doors.”

Hasse said he felt it was a matter for the Administration and Finance Subcommittee, but House, as a member of the committee, said she could not determine how many hours McClelland would need to perform her work because House still does not know what McClelland’s tasks are.

“What am I going to sink my teeth into?” asked House. “I’m going to sink them into a blank page. It’s like serving dinner with no food in the house.”

With the majority of council members leaning toward sending McClelland’s budget to the subcommittee, Barovsky added a request for an accounting this week of McClelland’s bill to date. He said, by his estimate, she had earned approximately $5,000. Keller said he agreed with Barovsky’s guess, and he added that he thought her total bill would be around $7,500 for her six three-hour meetings with the council.

Finance Director Bill Thomas asked whether he should pay the bill from the litigation budget, but City Attorney Christi Hogin was visibly irritated by the suggestion to take money from her department.

“It won’t come from my budget,” she said.

In perhaps the first signal that McClelland’s current work may be a prelude to a showdown with Hogin, Barovsky said paying McClelland’s bill out of the legal budget “is like asking Hogin’s department to tip the executioner.”

The purpose and scope of McClelland’s work is likely to come up at each council meeting. Barovsky said he plans to press the subject until Keller, Van Horn or Hasse adequately explains to him and to the community what her purpose in the city is.

“This is public funds, not our petty cash drawer,” he said.

Dial-A-Ride

In other matters, the council adopted the recommendation of the Public Works Commission to revise the city’s Dial-A-Ride program for elderly residents. The main change will be a registration system to verify that users are actually residents of the city. People living outside of Malibu had until recently been regularly using the shuttle program.

The council also approved the commission’s recommendation to explore establishing a shuttle program to transport local teens stranded without a ride and residents too intoxicated to drive.

‘False Burglar-Alarm’ Ordinance

The council implemented a “false burglar-alarm” ordinance in order to recoup some of the costs associated with sheriff’s deputies’ response to false alarms.

City Manager Harry Peacock said the deputies responded to 1,950 false alarms during 1998. Each response cost approximately $80.

Residents will now be permitted two false alarms per 12-month period. On the third such alarm, a resident will be charged $175. “It’s a local version of the three-strikes-and-you’re-out,” said Peacock. The fee drops to $59 for any subsequent false alarm during the annual period.

Rules were made to be unbroken

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This is not really a column. It’s more like a preamble to a column. The column about this campaign investigation is going to be written after the judge holds a hearing on April 23 to decide whether or not contributors to the “Malibu Citizens Committee for Less Traffic on PCH” will have their names disclosed. Some names are already out because the state investigator and city attorney are taking statements from people, some under subpoena and under oath, and what those people said is beginning to show up in the court documents. My suspicion is that people, after initially trying to skate around what they did, what they gave and to whom, are now beginning to tell the truth. The reason is simple: For breaking the campaign laws of the state or city, generally all that happens is a “tut tut” and a fine and an admonition, “Don’t do it again.” So why the heck is this turning into World War III?

After all, the names of people who gave to the political action committee the Road Worriers is public, so what’s the big deal about these contributors to the Malibu Citizen’s Committee for Less Traffic on PCH?

The difference is that apparently there was an attempt to collect larger amounts, like $500 and $1000, a “No, No” under the Malibu city ordinance. That ordinance was instituted by several members of this City Council, allegedly to keep those big money contributors out of local politics. At the time, they talked about big developers. No one mentioned big movie stars.

Now, Barbra Streisand has as much right to participate in the political process as any other citizen of Malibu. But, she can’t participate anonymously, because no one else can, either. Any group can organize and participate. It can raise money. It can advocate for a candidate. All it has to do is fill out the appropriate paperwork, which becomes public, and limit its donors to $100 under the city ordinance.

The problem is that politics is expensive. Mail campaigns, phone banks and video tapes cost a lot if you buy them from campaign consultants. It’s also very hard to raise large amounts of money $100 at a time, so there is great necessity, if not incentive, for campaigns to fudge. It’s by no means unique to Malibu.

People raise money from contributors without being very clear that there are monetary limits on what they can give.

People do mailings from their business and don’t declare it as a contribution.

They charge practically nothing for things like a videotape that really should be billed for thousands.

They contribute a staff member to an election campaign as a volunteer, then continue to pay his salary.

They set up “educational foundations” or “issue groups” and they just work the issues that will promote a particular candidate in a particular race.

Some of this is legal, some not. It’s hard to tell which is which.

They also try taking advantage of a big loophole. The U.S. Supreme Court has held that one can participate in an “issue advocacy campaign” and do it anonymously. For example, someone either for or against abortions could contribute dollars without limits and without disclosing his or her identity. You can imagine how campaigns try and push that loophole to help specific candidates.

This fight is about whether the rules are going to be enforced. If they don’t enforce them, the competitors are forced to cheat to keep the playing fields level. That’s why, I surmise, the state thinks it is important that the rules be enforced and why the city attorney and the state are pursuing investigations.

Whale of a tale

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It has recently come to our attention that a member of Congress in California, Richard Pombo (R-Calif), is taking proactive measures to encourage coastal whale hunting and marine mammal harvesting to international audiences. In light of recent actions, it might arise that Pombo will become a proponent of the Makah hunt here in the U.S. as well.

Apparently, Pombo recently sent a prerecorded address to an international meeting of the World Council of Whalers in Reykjavik, Iceland, this past March 27-30, when they met for their second General Assembly. The World Council of Whalers is an international organization for the support of whaling globally. They are centered outside of Victoria, B.C., across from the Makah’s Neah Bay.

Pombo addressed the WCW in a video-taped message to announce his support of whale hunts, stressing the importance of management techniques to marine resources, preserving cultural identities and bringing the true story of whalers’ lifestyle to the public.

We encourage everyone to quickly contact his office and express their extreme opposition to this advocacy on behalf of whalers.

Action!

Please contact:

Hon. Richard W. Pombo

11th Congressional District, California

Rm. 1519 Longworth House Office Building

Washington, DC 20515

(202) 225-1947

(202) 225-0861 Fax

rpombo@mail.house.gov

Francis Jeffrey

GHAD: Whatever doesn’t kill it makes it stronger

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Despite a new state law empowering the City Council to dissolve the Las Tunas Geological Hazardous Abatement District, the GHAD has cheated death once again.

Using what the city calls a “sham transaction,” the district has tied the city’s hands and is forcing it, for the time being at least, not to dissolve the district.

The city originally attempted to dissolve the GHAD in 1993 after the district produced a plan for preventing erosion on Las Tunas Beach that the city deemed unacceptable. Challenging the city’s right to dissolve it, the GHAD sued the city in 1994. The trial court ruled in the city’s favor, but a court of appeal said the state law on GHADs did not permit the city to undertake the dissolution.

The city then turned to Assemblywoman Sheila Kuehl, who won passage of a bill that granted cities the dissolution power. Now, the law that was specifically meant to bring the district to an end has inadvertently breathed new life into it. Under the law, the city must assume responsibility for the district’s obligations.

Shortly before a council meeting during which the district would have been dissolved, the GHAD board of directors voted to treat all of the district’s expenses as loans that must be repaid. Theoretically, this means if the council dissolved the district, the city would have to repay members for their expenses. More than $2 million was originally set aside for the formation and functioning of the GHAD.

Faced with uncertainty about its financial obligations, the city filed suit late last month against the GHAD board, claiming that the resolution converting the expenses to loans was a “sham transaction and a fraud.” The city is seeking an order from the court declaring the resolution null and void.

In her complaint filed jointly with outside counsel, City Attorney Christi Hogin argued, “Unless restrained by an order of this court, defendants . . . will have created sham transactions benefiting no one other than its attorneys and/or consultants, which . . . the city will be compelled to assume [responsibility for] should it approve a resolution dissolving the GHAD.”

The city also claims board members violated state law by approving the resolution because they had a financial interest in it.

A hearing is set on the matter in November. Representatives of the GHAD could not be reached for comment.

Annie get your girl

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How many Annies does it take to stand in the spotlight?

Three Annies will appear in the Santa Monica High School production of “Annie,” directed by Francis X. Ford, Ph. D., known to students he likes as “Doc.”

“Doc divided the role because it’s demanding on our voices,” says Holly Sedillos, the sophomore Annie. He probably just had an overabundance of talent.

Sedillos and Jacqui Adams, the freshman Annie, were rehearsing last week, while the third Annie, Christina Paul, a junior, toured Italy on her spring break.

The three were selected from 50 girls who auditioned. Paul had been preselected by Ford. Sedillos auditioned specifically for the role, but Adams wasn’t aiming so high.

How do they share in the character, yet make her their own? Sedillos says, “Everyone just adds their own . . .”

“Creativity,” Adams finishes. “You take direction, but you have to add a little flair to it.”

They describe their character. “Optimistic, spunky,” Sedillos suggests. Adams continues, “And tough, and positive.” Sedillos adds, “And basically a tomboy.”

They also agree on the most difficult moments in the show — when Annie cries. “It’s the toughest to motivate,” says Adams. They simultaneously say they’re not method actors. “You have to take it from the character, not from your own experience,” says Adams. Says Sedillos, “You have to feel what she’d feel. You think about an 11-year-old girl.”

“She’s grown up without parents, but she’s had this dream,” Adams suggests.

Sedillos has a trained voice, having taken private lessons for years. Adams says she has had no training. Sedillos was a gymnast. Adams says she has had no movement training. Adams begins to look on edge. Ford looks comfortable.

Both students have studied acting with Ford, and both have taken acting workshops outside of school. They like classes with Ford best.

Sedillos will premiere the musical at a special, invitation-only performance. Adams performs opening night; Paul has closing night honors.

It sounds like Annie has it covered.

“Annie” runs through May 8 at Santa Monica High School Humanities Center Theatre, Santa Monica High School (Michigan at 7th). Children, students and seniors $10; middle-aged adults $15. For dates and times, telephone 310.458.5939.

Brilliant deductions

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Next to being shot at and missed, nothing is quite as delightful as an income tax refund.

Tom Fakehany

Sentences that say a lot

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This is in regards to the front page article concerning the sentencing of Kenneth Small [“Driver sentenced for DUI killing,” April 8].

I am disheartened and agonized by the “maximum sentence permitted” of only 1-1/2 years for the killing of Sabrina Csato on PCH. Was this a misprint?

What kind of justice system has this kind of maximum for such a crime? Shouldn’t Judge Mira take into consideration the absolute negligence in this crime and shouldn’t his sentence reflect that, regardless of what the maximum is? What kind of message is this sending to our youth? What kind of message is this sending to other drunk drivers who have no value whatsoever for another human being’s life?

Please help me find some organizations that are trying to change the way we sentence drunk drivers who kill, so that no other family has to go through what the Csatos have gone through.

My love and respect goes out to the Csato family.

Bonnie Rochelle,

manager, Geoffrey’s Malibu