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Crime rate down, Malibu Bar Association told

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In an evening dubbed “Update on Law and Order in the West District,” the Malibu Bar Association recently heard about local control of crime and courts. Speaking to a packed private room of attorneys and judges at PierView Cafe, Municipal Court Judge Lawrence Mira outlined efforts of West District judges to keep processing of local cases in the area, in the wake of last year’s legislation on judicial consolidation. Lost Hills Sheriff’s Station Capt. Bill McSweeney claimed proactive policing, especially in traffic incidents, was lowering Malibu’s crime rate.

In explaining the “enormous impact” of last November’s ballot proposition 220 on assimilation of the states municipal courts into the superior courts, Mira said “almost draconian” pressure will be put on Los Angeles County courts to unify within the next two or three years. This includes pressure on Santa Monica and Malibu judges to agree to have local cases processed at the new courthouse being built near Los Angeles International Airport. Every court will process all cases except juvenile and probate, Mira noted

Mira predicted Malibu will stay the way it is. “We are driven by community interest,” Mira said. “The community wants local processing of cases; they do not want to travel.”

On behalf of the sheriffs, McSweeney said,”I have a lot of good news for regular folks. We’re really trying to work you folks out of a job.” Noting that although Malibu was relatively crime-free in its first six years, his department was “not happy” with its low profile, custodial capacity. “We’re trying to find problems and search for trouble,” he said.

People’s main concern was traffic, McSweeney added. “There is not a block in this 200 square mile district, including 25 miles of Pacific Coast Highway, where residents are not upset with speed and traffic issues. We’re going to be traffic cops.”

The proactive approach was working, McSweeney continued. Although traffic tickets don’t bring in much money to the city, the increased number of traffic tickets deputies have written have lowered the number of traffic accidents 50 percent and brought crime rates down in general.

As to specifics: there were 1,025 incidents of common street crimes the year after the city incorporated and 358 last year; assaults dropped from 184 to 22; residential burglary from 100-plus to 40; and grand theft auto went from 136 to 19.

While noting that the improved economy and three-strikes legislation have lowered crime rates nationally, “Here it is good policing,” McSweeney said. “Moving around, being visible raises people’s confidence and signals that we want order.”

The association also installed new officers and board members: Dale Motley, president; Kathy Greco, vice president; Ron Stackler, secretary-treasurer; Dan Martin, parliamentarian; and directors Jeannette Torrel Maginnis; Dave Ogden; Dale Schafer; Robin Senter; Todd Sloan and Carolyn Wallace.

Puppy postscript

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On March 6, three days after The Malibu Times ran my dog Chance’s photo, two boys named Chris were playing in a field near our home. They heard a dog whining and went to investigate. A golden retriever had fallen more than six feet through the plywood deck of a foundation of a yet-to-be-built house. The boys tried to pull up more of the deck to free the dog but were not able. They remembered seeing fliers about a missing golden and ran home to call.

When we received the call, we were excited. In the 25 days that Chance was missing, we had only one possible sighting and several collect calls from an “Anthony” who was in jail. My hopes sank a bit when I came near the place where the boys said the dog was “under the house”. Surely if Chance had gotten this close, he’d have come home. We left the outside lights on and the gate open every night since he disappeared, but when we saw the dog trying to claw his way up out of the cement block foundation, we were thrilled to see it was our golden retriever.

Chance is in pretty good shape, a bit dehydrated and matted, but sound. Obviously he has been eating somewhere. I’d like to thank anyone who has been so kind as to feed him as well as all the good people in Malibu who kept an eye out for him, but special thanks go to Chris Jude and his friend Chris who really saved our dog’s life. I believe that Chance was on his way home when he fell through the missing planks in the deck of that foundation. (Isn’t this a danger to children?) Two to three hundred feet more and he would have been home. Thank you Malibu Times for running his picture and all your good wishes.

Agnes Peterson

Beyond the Bay (Co.)

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In all the debate over development, very little has been heard from Malibu’s business community. You know who you are: owners of small shops in the Cross Creek area, boutiques, eateries, movie theaters and so on. What do you think is going to happen to your precious little operations once the Malibu Bay Company gets its green light? Here’s a little math lesson that may shed some light on your future. MBC will probably have to borrow hundreds of millions of dollars — my guess — to finance their little Aspen-by-the-sea development. Tens of thousands of square feet of empty retail space will suddenly come on the market. The lender will be calling MBC every day with one question: “Hey you guys, got any tenants yet? I need my money!” The boys at MBC will then look far and wide for a major landmark or anchor tenant that will need lots of that space right away. This could be a Wal-Mart like operation, some kind of muscular national commercial outfit that will rapidly squash the local ma and pa retailers clean out of existence. They will do this because they can buy their goods in mass quantities more cheaply than you can and sell the same stuff cheaper than you can. Within a few months, at the most a year, I predict most of you small shop owners will be out of business, replaced by these major chains. Sorry, Malibu Lumber! Malibu will then acquire an uncanny resemblance to Calabasas, a once beautiful place rapidly becoming the ugliest, over-built civil cancer I have ever witnessed. One fast food shopping center “Spanish” plaza piece of dung after another. Wait, I’m not through! I got a little ending note for all those new soccer moms and city council members clamoring for ball fields, senior centers and other “free” goodies from the nice folks at the Malibu Bay Company. The math lesson continues: remember, now, there are only about 12,000 or so actual residents in our fair city. So who’s gonna shop in all that fresh retail space? Well, the city’s gotta grow, see, gotta have more people here to make that mega shopping complex work to pay off that massive MBC debt. Where are all these new shoppers going to come from? No problem, that same Malibu Bay Company that is bringing us this swollen shopping development also owns just about every square inch of available buildable land along our beautiful coastline. It’s the domino theory in practice again. 1. They get the permits to build the shopping center. 2. They seduce everyone who should care with trinkets like senior centers and marginal ball fields – goodies for everyone, just like those brilliant Manhattan Indians who sold the place for 24 bucks worth of trade goods. 3. Then watch as the city and county roll over when the MBC demands those other building permits. My prediction? They will build as dense housing as possible and bingo! Malibu Town Square or whatever kitchy name they will call it. The whole system works like a charm. The really cool part is, you’ll never have to get lonely for Calabasas because from the water’s edge to the 101 freeway, it will all look exactly the same!

You may sense that I am not pleased with this state of Malibu’s present and future and I’m not. I got a frightening sense of Malibu Bay Company’s intentions when Lyn Konheim showed me his little model in the trailer and told me that the extensive parking area with its little trees counted as “open space.”

Marshall Thompson

‘King’ of the road

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It’s absolutely certain — Elvis will be seen tonight in Malibu.

“Idols of the King,” a theatrical tribute to the fans of that king, plays tonight (Thursday) at Pepperdine’s Smothers Theatre, part of a 28-state, 31-week tour of the show produced by Arkansas Repertory Theatre.

While Elvis does appear onstage, played by actor/singer Lance Zitron, “This really is about the fans of Elvis, and how he has affected their lives,” says co-writer Ronnie Claire Edwards, perhaps best known for her role on “The Waltons.”

Edwards says co-writer Allan Crowe (writer for “Designing Women” and “Evening Shade”) was a huge fan of Elvis, while she was more interested in the fans themselves. “He’s very good with dialogue, I’m very good with monologue. It came together very rapidly.

“It either could be called a musical or a play with music” says Edwards, speaking by telephone about the two-act, 16-song evening.

Actor Kevin Bartlett plays eight of the male fans, Dale Dickey plays eight female fans. Edwards says the characters are connected in some way, and after each scene, “Elvis” sings an appropriate song. A live band backs the songs.

Why the fascination with Elvis? “He sort of spoke to some part of people,” she says. “He was an American phenomenon. There’s something about him that reached people.” She quotes Sam Phillips, who owned Sun Records, “Elvis Presley embodied the innocence of America.”

The writer hopes what the audience takes from the play is enjoyment. But, she adds, “I hope they realize that it’s a play that has some literary merit. What these people say, and how he’s affected their lives, is interesting.”

She says audiences, particularly women, flip for the production. “These Elvis fans, they come from all over to see it,” says Edwards.

Maybe the real Elvis will be among them.

“Idols of the King” plays tonight (Thursday) at 8 p.m., Pepperdine’s Smothers Theatre. Tickets, $30, are available at the box office. Tel. 456-4522, fax 456-4556.

City hires high-priced attorney, gives little explanation

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Katie Cooper/Staff Writer

Citing a need for help in evaluating the performance of the city’s high-level personnel, a divided City Council Monday hired an employment attorney from one of the top firms in the Los Angeles area.

But the council’s action suggests that the stakes are higher than those involved with personnel evaluations. The attorney, Nancy McClelland, is a partner in the law firm of Gibson, Dunn and Crutcher, one of the most prestigious — and pricey — law firms in the country. McClelland’s main practice is in representing employers in job-related lawsuits, including claims involving employment discrimination, sexual harassment and wrongful termination. She will be paid $420 an hour, the same rate at which President Clinton paid his private counsel, David Kendall, to represent him during the impeachment proceedings.

The council made only brief mention of what type of legal services McClelland will provide, and council members Harry Barovsky and Joan House, who voted against retaining McClelland, seemed in the dark about what type of work she will be doing.

“This is the first time we have brought in outside counsel to assist us in some undefined, unknown way,” said House.

Outside of council chambers, Mayor Walt Keller and Councilman Tom Hasse refused to discuss the matter. Personnel evaluations are conducted in the council’s closed session.

The council can hire and fire only three members of the city staff: City Manager Harry Peacock, City Attorney Christi Hogin and the interim finance director.

The McClelland hiring appears tied to Hogin because relations between her and some members of the council are apparently strained. She recently underwent five evaluations in close succession, an unusual rate. And she alone among the city’s department heads was asked to provide time sheets accounting for her hours of work during the day.

Hogin was not specifically addressed during the council’s discussion of the matter, and she said before the meeting that she had no knowledge of the council’s reasons for hiring McClelland.

Most of the council’s debate was over the decision to hire an attorney at such a high rate, an amount for which Keller did not express any concern despite his celebrated parsimony.

Barovsky said he expected that the city will end up paying a “spectacular” amount of money, perhaps in the six-figure range.

“This is one of the top firms in the country,” he said. “They rarely pick up a file for under $20,000.”

Hasse said McClelland will soon provide the council with an estimate of her overall costs.

Taken for a ride

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The Rev. Pam McCarety vigorously expressed (letter to the editor [“Giving elderly a lift, March 4]) her well-placed concern for Malibu’s elderly citizens on fixed income. Her rage at the City Council’s attitude towards the Dial-a-Ride Program was not so well placed. After the city staff advised the council that the cost of the program was out of control, and that there appeared to be significant abuses of the intent of the program, the council asked the Public Works Commission to review the matter and advise the council on an appropriate approach to solving the problem. The council did not express any “attitude” to the commission on the matter.

The staff advised the commission that this fiscal year the costs would probably exceed the available funding by more than $50,000, and thus possibly force an undesirable early termination of the entire program. The staff noted that much of the problem seemed to result from what might be termed “abuses”: use of the program by individuals not living in the city, by those too young to be eligible, use of the program for commuting to work or connecting with car-pools in Santa Monica; and use by those with an automobile, a driver’s license, and more-than-adequate financial resources. These possible-abuses are associated with a small percentage of the nearly 150 users of the program. The staff noted the county’s ACCESS program is available to about 90 percent of the handicapped living in the city.

After a thoughtful discussion, and constructive input from the public, the commission voted (unanimously) to recommend that the council take action to limit the Dial-a-Ride program to residents of the city; and to require users to register, identifying their age, whether they had a driver’s license and car, and the nature of their disability, if they had one. The commission also suggested that the staff examine possible annual “financial caps” on the use of the program by individuals, as used by some other cities. The commission did not recommend that any change be made at this time to the minimum age, that a financial-need requirement be established, or that the program be limited to the disabled. It noted that the ACCESS program is available to disabled persons living within 3/4 mile of a bus route (about 90 percent of the homes in Malibu), but that it requires advanced planning and sometimes inconvenient scheduling.

It is too bad that the Rev. Pam McCarety did not choose to attend the Public Works Commission meeting, nor apparently review the information presented in the city staff’s report on the Dial-a-Ride program. I’m sure that her well-informed and thoughtful input will be welcomed by a concerned council when the matter comes before it.

John Wall

Hasse, House to negotiate with Malibu Bay Company

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Efforts by the City Council to negotiate a development agreement with the Malibu Bay Company were nearly scuttled Monday when Mayor Walt Keller and Mayor Pro Tem Carolyn Van Horn retreated from their earlier position in support of the negotiations, prompting Councilman Harry Barovsky to rethink his position as well. But in the face of withering support, a dogged Councilman Tom Hasse kept the planned negotiations afloat, and the council, without the votes of Keller and Van Horn, formed an ad hoc negotiating committee to go forward.

At Monday’s meeting, the council was scheduled to name the two council members who will serve on the committee, but Keller made a motion not to form the committee at all. He said he was “taken by surprise” at the last meeting when the other council members voted to enter into comprehensive negotiations with the Bay Company, rather than limiting negotiations to the company’s Point Dume property, as originally proposed.

“I voted in desperation at the time,” he said.

But Hasse said if the negotiations were limited only to the Point Dume property, the city would not receive enough land to fulfill all its park and open space needs. And the Bay Company, in return, would be permitted to build a large commercial development, possibly larger, he said, than the Malibu Colony Shopping Center.

“Where are you going to put those things that don’t fit on Point Dume?” Hasse asked Keller after his motion against the formation of the committee had failed.

Barovsky proposed as an alternative that Keller or Van Horn serve with Hasse on the ad hoc committee to alleviate any concerns in the community that the council would be too generous in its negotiations with the Bay Company.

“We don’t want to have the perception that we’re giving away the store,” he said.

But both Keller and Van Horn refused to serve on the committee, which will negotiate privately. Keller said he did not want to act out of the public’s eye. Van Horn said she did not want to undermine efforts by a group of private citizens involved with the Malibu Coastal Land Conservancy to secure private funds to purchase vacant land in the city.

In response, Barovsky said that without the symbolic support of the mayor and mayor pro tem, the whole effort is doomed to fail, and he refused to serve on the committee as well

“I’m not going to waste my time on a fool’s errand,” he said.

With that, Hasse, in a deadpan, said to Councilwoman Joan House, “I’m running out of partners, Joan.” House, alluding to tension between herself and Hasse joked, “And I’m your favorite person.”

House agreed to serve on the committee but not before taking issue with Van Horn and Keller. She said she could not understand why the two members of the Land Use Subcommittee would refuse to participate in the process.

“I see unacceptable behavior occurring at the council table . . . that is not productive for the community as a whole,” she said.

Keller said that comprehensive negotiations with the Bay Company may deter the land conservancy from raising funds privately.

But Hasse said while he would support any effort to acquire property through the land conservancy, he did not want to sit back and wait for a private entity, with no land use authority, to raise enough money. “The city of Malibu needs to lead on this front.”

He said if the council made no effort to negotiate with the Bay Company, whose Civic Center project will go before the Planning Commission in the fall, then the city faced new commercial development without any gifts of land for parks.

With Van Horn and Keller remaining steadfast to their new position, the council voted 3-2 to appoint Hasse and House to the ad hoc negotiating committee.