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The spill is gone

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Residents of Malibu Villas were stunned when they received notice from the city two years ago that if they didn’t upgrade their septic system, they could be evacuated and the buildings shut down. The city was responding to complaints by residents and neighbors about the stench and health hazards of periodic sewage overflows, or what engineers euphemistically call “daylighting.”

Though the 116-unit condominium complex was fiscally healthy, with spacious units and handsomely maintained grounds, it was running a 1970s conventional septic system typical of many in Malibu that are beginning to fail.

“When the effluent had backed up out of the seepage pits, residents whose units are close to areas where the stench was terrible complained to the city, to the health department,” said Malibu Villas resident David Shaub, who chairs the septic project for the Villas’ board of directors.

Little did they know then just how long the learning curve would be. “We had to conduct a series of meetings to educate the homeowners,” Shaub said.

“A lot of people just wanted us to put a Band-Aid on it. Many just felt we could patch it up again, but the city was not going to buy into that. They weren’t going to let us do that. One of the things we promised the city we would do is to institute daily pumping to avoid daylighting.”

So, the homeowners, who had been paying upwards of $12,000 in monthly pumping costs, ultimately voted to pony up almost $1 million for a sophisticated multi-unit Fixed Activated Sludge Treatment (FAST) Wastewater System, monitored by an Isaac computer system, that will eliminate regular pumping.

The clean, odorless system is virtually maintenance-free, reliable, quiet and located below ground level. The effluent it generates will be tertiary-treated water that exceeds EPA standards for Class 1 secondary effluent and can be used for subsurface irrigation. The system also integrates the existing septic system so that should a natural disaster cause a power failure, the old system would function with part of the new as a backup.

“As soon as they are up and running, we can say goodbye to the pump truck and the noise and the traffic and the worry,” said Shaub.

“The FAST system was originally developed by Smith & Loveless, a world leader in the wastewater industry, at the request of the U.S. Coast Guard in the early 1970s to prevent pollution caused by ships cruising in coastal waters and dumping wastewater overboard,” said Steve Braband, president of Agoura-based Biosolutions, Inc., environmental engineering consultants overseeing the Malibu Villas installation. The 42 FAST units (each unit serves three to four condos) are being installed now.

“We interviewed several consultants before we decided on Steve, who obtained proposals from different companies,” Shaub said. After exploring several options, the FAST system was chosen as the most suitable for the situation.

“When we started pumping, it was costing about $5,000 a month. The pump trucks had been dumping the effluent into a facility owned by the city of L.A. and the city was finally fed up, so to speak, and imposed a charge that increased our pumping costs to $12,000 a month,” Shaub said. “And the residents were fed up with the sound of the pumping disturbing the peace and the truck blocking traffic, in addition to the cost.”

Shaub said the new septic system was funded out of the regular homeowner fees. A special assessment to stave off the costs of changing the system came to about $2,000 per unit.

“No matter how hard we tried, managing the system failures, we had problems, pumps break,” Shaub said. “Most people don’t know how to maintain the systems, they don’t even know how they function, how environmental conditions can make them fail.”

“What Malibu Villas did is to review multiple technologies,” Braband said. “They chose this one for its maintenance record and reliability. It has no moving parts below the surface. The city, in permitting this installation, had to provide new ordinances to allow this to be accepted over the old county regulations.”

The new system is scheduled to be completed in April or May.

“It was clear to us that the route we’ve taken was the only sensible thing to do,” Shaub said. “To provide a healthy and secure system.”

December 31, 1998

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The year in review

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January

The market for Malibu Real Estate was showing signs of heating up when, for the first time in six years, the number of homes for sale dropped below 270.

A Malibu couple was robbed, beaten and shot in a home-invasion robbery at 8 p.m. New Year’s Eve on the western end of Malibu Road. The couple, longtime Malibu residents, received treatment at Santa Monica Hospital and were released. The robbers also shot their two dogs, killing one.

The Malibu Times 1997 Dolphin Awards, recognizing individual or group contributions to Malibu, were awarded to:

  • Honey Coatsworth, founder of The Artifac Tree
  • Rebecca Dmytryk, executive director of Wildlife Emergency Rescue
  • Ronn Hayes, chair of the Emergency Shelter Committee
  • Lee Ford, manager of Hughes Market
  • Betty Glass and Phil Cott, principals of the Juan Cabrillo and Webster schools
  • Charles Marowitz, founder of Malibu Stage Company
  • Rev. Larry Peacock, co-pastor of Malibu Methodist United Church
  • Reopen Kanan Road Committee and its leaders, Terry O’Connor, Sara Grisanti, Katherine Yarnell and Natalie Soloway

“The level of distrust that you all have to my ability to know what the City Council as a whole would support or oppose appalls me.” City manager Harry Peacock, referring to the council’s reluctance to delegate authority.

Beverly Taki took the reins of the Malibu Association of Realtors in what is looking more and more like a hotting-up real estate market.

The Los Angeles County District Attorney filed a 25-count misdemeanor complaint against the Kissel Company for allegedly causing or permitting the discharge of sewage and the effluent of treated sewage in##to the state waterways on at least 11 occasions. Kissel Company pleaded not guilty.

Malibu bid farewell to 8-year-old Parker William Lawrence Hughes, a second-grader at Webster Elementary School, who died after a long and courageous fight against leukemia, which had been diagnosed when he was 18 months old.

February

El Nino slammed into Malibu with heavy winds, pounding surf and rock slides, closing the canyons and Pacific Coast Highway, isolating the city and embarrassing all the prognosticators who said El Nino was nothing but a bunch of media hype.

“We have to expect this. We live in an isolated community.” John Clement, director of Public Works

Malibu fell into a pot of gold when, during a routine check of an old property tax agreement with the County of Los Angeles, City Manager Harry Peacock and Interim Finance Director Andrea Daroca couldn’t figure out how they had calculated Malibu’s share of the property tax revenue. So they checked with the county and then were told, “Oops. Small mistake. We’ll put a makeup check in the mail.” Next thing they knew, a check for $1,185, 905 arrived.

The Civic Center Specific Plan, the master plan for the Malibu downtown, long in development appeared to be stalling.

“We can’t hold property owners hostage the rest of their economic lives.” Architect Ed Niles, referring to the unwillingness of a badly split City Council to send the compromise Specific Plan out for environmental review.

In Real Estate, the average sale price of a Malibu home increased about 15 percent in 1997, due mostly to nine mammoth beach and and bluff sales that weighed in at more than $5 million## each. Still, the landside market where the majority of the sales occur locally measured well in 1997.

El Nino rains continued to take their toll. A retaining wall protecting Rambla Orienta Road in the La Costa area began to fail, threatening to isolate the hillside enclave, which was previously decimated in the 1993 Calabasas/Topanga fire.

March

After the total collapse of their retaining wall, La Costa area residents lost all car access to their# neighborhood, putting many of them on foot for the first time in years. The agonizingly slow wall collapse was even more agonizingly documented by a media circus of 13 televisions crews, six satellite trucks, and a half a dozen radio and print reporters hovering around, waiting for something to happen.

“This is about as exciting as waiting for Monica Lewinsky.” One very bored TV crew member.

Tattooed Motley Crue drummer Tommy Lee was in Malibu Municipal Court before Judge Lawrence Mira, charged with spousal abuse and child endangerment. Bail was set at $500,000 and Lee was ordered to stay away from his Malibu home and his wife, “Baywatch” star Pamela Anderson Lee, following a fracas between the two.

Local 16-year-old high school student Sabrina Csato was killed in a traffic collision at 7:30 a.m., in the vicinity of Geoffrey’s Restaurant, when the other vehicle, allegedly driven by an unlicensed driver, drifted into her lane and the two collided almost head on. The other driver survived.

After months of preliminary sparring and arguments about what constitutes proof of a low return, the Kissel Company finally got its hearing on a rent increase in the Paradise Cove Mobile Home Park. The company was turned down cold.

After 18 months and a titanic political struggle with just about everyone, Kanan Dume Road, a Malibu lifeline to the Valley, closed since September 1996, opened amidst fanfare, with speeches by a very happy Supervisor Zev Yaroslavsky and then-mayor Jeff Jennings.

The El Nino price tag fo#r the city of Malibu came in hefty. With a 20-inch, near record rainfall in February, the winter toll in the city of Malibu was $5 million in public property damage and another $7 million in private property damage. The city was hopeful of getting most of the city dollars back from FEMA.

Malibu director James Cameron’s “Titanic” swept the Oscars, tying “Ben Hur’s”11 awards as the most honored film in Hollywood history. Cameron, then still married to Malibu Actress Linda Hamilton, modestly declared himself “King of the World.”

Faye Hove, a Malibu activist for many years, a leader in the successful campaigns to keep out the freeway and other environmental challenges and a winning candidate for City Council in the failed cityhood 1976 effort, passed away at age 74.

April

The City Council turned down a proposed deal with the County of Los Angeles to get money to repair and re-open Malibu Pier. Some cynics expressed the view that perhaps the council didn’t want to give its prime mover, Jeff Jennings, a victory just before the upcoming City Council election, and that the pier issue would resurrect itself right after the election. The council was mum on instructions to staff about what to do next.

“We’ll get it back on the agenda. As soon as the election is over, the Malibu Township Council will go to one of the City Council members.” Frank Basso, MTC member

After another contentious and bitter City Council election campaign, Planning Commissioner Harry Barovsky won a City Council seat handily and Planning Commissioner Tom Hasse edged out incumbent Mayor Jeff Jennings, after a recount that saw Hasse’s lead grow from nine votes to 29 votes. The campaign was filled with charges of campaign law violations, and a critical election factor may have been a pro-Hasse video narrated by actor Jack Lemon. The election marked the retirement of John Harlow from the active political scene. In all, 3,615 Malibu citizens cast a ballot out of the 8,725 registered voters, a voter turnout of 41.46 percent, higher than most cities but not a particularly impressive record.

Following the election, complaints were filed with the California Fair Political Practices Commission and with Malibu City Attorney Christi Hogin requesting an investigation of campaign practices.

The driver of a vehicle that swerved into oncoming traffic late last year, causing a head-on collision near Malibu Pier that killed two Pepperdine Law School students, pled guilty to second degree murder and received an 18-year-to-life state prison sentence. The defendant, Kelly Dan Eastman, 37, had a blood test result reading of 0.22 percent.

California Coastal Commission approved the expansion of two Malibu-area universities. Pepperdine’s expansion was approved 11-0; Soka University’s expansion was approved 9-2 after four hours of raucous debate.

The new City Council members had hardly been sworn in, Joan House named mayor and Walt Keller mayor pro tem, before the first battle began. Keller moved to shorten the mayor’s term to eight months, which would have the effect of allowing Carolyn Van Horn to come into the next election as the mayor.

“I estimate they spent approximately $15,000 to accumulate the 30 votes necessary to beat Jeff.” Paul Grisanti, a Jennings supporter.

Controversial independent counsel Kenneth Starr, Clinton’s prosecutor or persecutor depending on your point of view, announced he had decided not to come to Pepperdine University, where he was slated to become Dean of the Law School and Director of the## new Public Policy Institute. In a public statement, Starr said he was withdrawing because, “The investigation has expanded considerably, and the end is not yet in sight,” which as it turned out was very prescient. It is unclear whether Starr, who had very much become a political hot potato, jumped or was pushed.

May

Monica mania hit Malibu when Monica Lewinsky showed up for a not-so-secret photo shoot on Broad Beach by renowned fashion photographer Herb Ritts.

State Park officials put the cabash on the idea of any additional ball fields on Bluffs Park even thought the population of children in Malibu has grown significantly. The state wanted the current fields moved out as well because the state has plans for a visitor’s center and sees the uses as incompatible because of lack of parking.

The Santa Monica Mountains Conservancy, which has been buying land in the mountains over the years by tying up the land with a down payment and promising to make a balloon payment in the future, ran into a snag. It ran out of money, and its vassal agency, the MRCA, defaulted on a $2 million balloon payment.The sellers got tired of waiting and foreclosed. The agency stood to lose the $1 million down payment and 184 acres of land in the foreclosure, so it tried like mad to renegotiate the deal.

June

The battle over the future look of the Malibu Civic Center, primarily at the Chili Cook-off site, began to heat up. The City Council set up public meetings to get public feedback and a new group formed, seeking to create a land trust to raise money to try and buy back the Civic Center and turn it into open space and wetlands.

Actor Charlie Sheen was back in Malibu court, accused of probation violation for checking in and out of rehab. His dad, actor Martin Shee##n, said he hoped he would “accept recovery and become free.”

The Malibu City Council and the Business Roundtable were looking into requiring a Malibu business license for home businesses, which could include writers, directors, producers, musicians, song writers, lawyers, CPAs, business people, consultants and just about anyone with a home office. The roundtable decided it wasn’t such a good idea after all, and the City Council has yet to decide.

The actual cost of El Nino and and its impact on Malibu was tabulated. The Malibu portion was $3.65 million, which doesn’t count what the the county, state and federal government spent to keep the roads open. Malibu Road and the Calle del Barco slope failure were the the big ticket items and Broad Beach the hardest hit with a total of six homes either red or yellow tagged.

On June 19, the rocks started rolling down onto PCH, adjacent to Las Flores Canyon Road, and before the day was out the highway closed and would remain closed or limited to two-lane operation for the next five months, causing havoc and inconvenience, burned dinners and frayed nerves for our entire population. Many had to go to work through the Valley or follow a dangerous, circuitous route through the mountains to Topanga Canyon. It ultimately would take $20 million of Caltrans dollars, two condemned homes and repairs on a sometimes-seven-day-a-week, 12-hour-per-day schedule before the road would fully re-open.

The city cou#ncil balked at hiring an outside lawyer to assist City Attorney Hogin in her investigation of campaign finance violations arising out of the last City Council election. Because the alleged violation related to some of Hasse’s supporters in the last election, Hasse recused himself from the discussion and votes relating to the investigation, leaving a badly divided City Council with Keller and Van Horn on one side, House and Barovsky on the other and the council unable to get a majority on this issue.

July

Hughes Market, the culinary heart of Malibu, passed into foreign hands when Fred Meyer Company, a chain based in Portland, Ore., bought the local market in the Malibu Colony shopping center and renamed it Hughes-sort-of-Ralphs. After promising there would be no major changes, familiar old Hughes items began disappearing from the shelves to be replaced by generic Ralphs standbys, and finally all of the employees were slipped into the telltale green Ralphs corporate team colors. Lee Ford, Hughes’ hard-working, popular manager, worked like crazy to bridge the corporate cultural gap, and at last look the customers were grumbling but no longer mutinous.

The Santa Monica Mountains Conservancy lost a piece of potential parkland off Malibu Canyon Road when the attempts to stall or renegotiate its purchase deal with the original unpaid owners failed and those same owners foreclosed on the state agency to get their property back. They won, the state lost and the taxpayers were out of pocket $1 million.

The city of Malibu agreed to settle a long-standing lawsuit with six property owners alongside Las Flores Canyon Creek for $4.2 million, by buying out their frequently flooded properties on the banks of the creek. The homes and prop#erties were repeatedly damaged in the major storms by floodwaters diverted from their natural flow by the old landslide on Rambla Pacifico Road, for which the appellate courts held the city ultimately responsible even though the landslides happened long before Malibu had become a city. Apparently, you get a new city the way you get a used car –As Is.

Corral Canyon Road became the next casualty of the winter storms, turning into the city’s next top repair priority with major efforts to save the road.

Continuing its run of bad luck, or bad judgment, a buying-arm vassal agency of the Santa Monica Mountains Conservancy got hit with a $6 million-plus judgment, this time for failing to pay off a promissory note. The agency’s attorney seemed to say — No big deal. Essentially, we’re judgment proof.

Malibu Little Leaguers moved into the big leagues when, for the first time, a Malibu All-Star squad of 9- and 10-year- olds trounced the competition and took the Division 25 League championship. After losing their first playoff game, they came back to win the next seven games, hitting a torrid .470 and finally beating the perennial Little League heavyweight Culver City in the final by a score of 14-2.

The campaign violation investigations being conducted by the Malibu city attorney was the target of an organized attack by a number of speakers at the City Council meeting. They wanted City Attorney Hogin to tell all about the investigation, which she has pointedly refused to do, earning her the enmity of many in the audience and a pointed attack by Keller and Van Horn, both trying to pressure her into giving them a date the investigation would be over. Hogin, not easily intimidated, refused to knuckle under and resisted being pushed.

The results are in on the skills tests given to the students in the Malibu public schools. Most have performed well, substantially above the national averages on skills assessments. At Juan Cabrillo Elementary School, however, roughly half the students posted low scores on the statewide test that measured skill levels in reading, mathematics and other basic subjects. This set off a flurry of parental meetings, some soul searching by the faculty and excuse giving by the district officials.

The Malibu City Council decided to axe the Parks and Recreation Study Group, whose many members have been involved for years, and replace it with a five-person, council-approved Recreation and Parks Commission, over the protest of some of the longtime recreation and parks activists.

August

The transformation of the old SandCastle Restaurant into the brand new Paradise Beach Caf under the hand of restaurateur Bob Morris came to a screeching halt when some bones were discovered, raising the possibility they struck an ancient Chumash burial site. Some were skeptical.

“This used to be a working ranch. They could easily be cattle bones.” Old timer Woody Smith.

A few days later, the L.A. County Coroner said they were not human bones, and the stop work order was lifted by the city.

Public Works Director John Clement left after five years to become the public works director of the city of Santa Cruz, the latest in a process#ion of city staffers that included former city manager David Carmony and former city planning director Joyce Parker.

Crown Bookstore, just about the last full-service bookstore in Malibu, shut down suddenly after the company filed for bankruptcy reorganization and the judge approved shutting down 79 of its 174 stores. Crown shared the fate of the Malibu Books & Company, which shuttered its doors in April 1997.

September

Malibu attorney Peter Knecht threw a Malibu “Happy to be Alive” party after he survived an attack by a group of gun- and knife-wielding attackers at his Hollywood Hills home. His attackers had jumped him as he pulled into his garage, held a .44-caliber pistol to his head and, because he wouldn’t give the door lock combination to get into the house where his family was, slashed his throat from ear to ear and left him for dead on the garage floor. He survived and lived to identify them from a courtroom witness chair.

Once again the PierView restaurant ran away with the Malibu’s Best Merchant’s Chili trophy at the annual Kiwanis Malibu Labor Day Weekend Chili Cook-off.

Famed actor and director Leo Penn, longtime Malibu resident, died of cancer at age 77. Penn, a multiple Emmy Award nominee and a winner for a two-hour episode of Columbo, is survived by his wife of 40 years, actress Eileen Ryan, and his sons, Sean, Chris and Michael.

The City Council fought over whether they should award a $25,000 contract to delineate whether or not a wetlands exists in the Malibu Civic Center to the Wetlands Action Network, a group dedicated to finding the answer to that question is “Yes#.” Even the council balked at employing an “advocate” to do an objective study, as a “Yes” answer might mean no development in the Civic Center short-term and long-term years of expensive litigation to defend its decision.

“If it’s a wetlands, you can’t put in ballfields.” Marcia Hanscom, executive director, Wetlands Action Network

Pepperdine law professor Ben Stein, a most unlikely, rapidly rising MTV cult icon, raised scads of money for Pepperdine Center for the Arts from the adults at a gala at the home of David and Linda Foster, while the kids passed Paul Anka and Pat Boone to ogle Stein, totally baffling the grownups.

October

Malibu’s long battle to end the Las Tunas GHAD, a special district originally designed to fix the groins in the water along Las Tunas beach, may finally be coming to an end. A special bill carried by Malibu Assembly Member and President pro Tem Sheila Kuehl passed the legislature, allowing the city to dissolve the GHAD, which they have been trying to do since 1994.

The ever-contentious Malibu Planning commission battled over what its basic goals should be for shaping the look of the Malibu landside homes. Chair Charleen Kabrin and member Jo Ruggles pushed towards an architectural review board, while others on the commission and some architects bitterly opposed.

“It amounts to a group of artists telling Vincent Van Gogh or Pabl#o Picasso, ‘Sir heads are not square.'” Local developer Norm Haynie scoffing at the idea of a review board made up of architects.

Following surveys and public meetings, the council finally confronted many angry and disturbed Point Dume residents and turned down the idea of speed humps or bumps on Point Dume streets as a method of slowing down the automobile traffic.

The tensions between the Santa Monica Mountains Conservancy and the residents of Ramirez Canyon, in their long battle over the conservancy use of the Streisand Center as a commercial banquet facility to raise funds, ratcheted up several notches. The residents picketed and the Conservancy called in the CHP. Everyone was pointing fingers and making charges, and all headed for the courts.

Real Estate: 1998 is shaping up as a banner year for Malibu real estate. By mid-August, the industry had already surpassed the year before in overall sales volume and was on its way to close to a record year. Increases in values of 10 percent to 15 percent in both 1997 and 1998 did much to recover the 35 percent to 40 percent losses suffered in the dreadful real estate depression of 1991 -1996 when prices slumped each year.

November

The fifth anniversary of the Malibu/Calabasas fire saw the rebirth of homes and new plantings in many of the Malibu neighborhoods that were devastated by the fire. Touched off in Calabasas and driven by gusting 60 mph winds, the 1993 fire swept through the hills and Malibu and left three people dead and 350 homes destroyed.

Charges that some on the planning commission wanted to be the “taste police” were raised by those who objected to the commission’s choice of acceptable colors and the aversion of some on the commissi#on to white houses with red tile roofs. But the law, if not common sense, seemed to be on their side. Malibu City Attorney Hogin said, “There is no constitutional right to paint your house yellow.”

With major fanfare and a deep sigh of relief by Caltrans and local businesses, PCH re-opened to four lanes and the traffic started moving again, amidst a sea of T-shirts with a new slogan, “Welcome to Malibu — The Coast is Clear.”

“It was like having open heart surgery. Now it’s over. We can take a deep breath and heal.” Barbara Lazeroff, co-owner Granita Restaurant

The state of California, the owners of Malibu Pier, stepped in and found $900,000 in its budget to repair the pier. After completing an underwater survey, it was prepared to begin fixing the aging pier early next year. With a completion date in September 1999, the pier could re-open to foot traffic and fishing, but probably will have to await additional monies (the original repair estimates were $2.8 million to $3.6 million) before the Alice’s Restaurant site is repaired and back in use. The city’s consultants have recommended the city take a pass on the pier because their crunching of the numbers said the pier would be a money loser for the city.

Mudslinging over the Civic Center became literal when Valerie Sklarevsky, a local activist and an adamant opponent of any development in the Civic Center, dumped a bucket of muddy water onto a large model display of the proposed Civic Center developed by architect Ed Niles for the Malibu Bay Company. Whatever her protest intentions, it seemed to have had the opposite effect, and the following week, after the model had been dried off and repaired, it went back on display to larger, more interested and generally more sympathetic citizenry.

The L.A. District Attorney’s Office filed another 20 misdem#eanor counts of environmental code violations against the Kissel Company, the owners of the Paradise Cove Mobile Home Park. The entire case has grown to 45 counts. In related civil actions, the Kissel Company sued the city for denying it a rent increase, and the residents of the park sued the Kissel Company for failure to maintain the park.

December

Comedian Flip Wilson, 64, a longtime resident of Malibu, remembered by many of his fans for his alter ego “Geraldine” and his hugely popular Flip Wilson Show in the ’70s, died of liver cancer at his Malibu home.

The Malibu City Council, following what was described as a contentious meeting in executive session, decided it didn’t want and probably couldn’t use a workshop by the California League of Cities that teaches council members how to communicate and get along better with each other. The only thing they could agree on was that# the prospect of spending 48 hours together seemed to fill them all with dread.

After seven parental previews and reams of correspondence, the sex education course for the High School and Middle School students in Malibu was presented to the students. Approximately 80 percent to 85 percent of the students attended the lecture, which was optional because a number of parents remained deeply opposed to the lectures by sex therapist Suzy Landolphi.

A truck driver was killed at Pacific Coast Highway and Kanan Dume Road after his truck apparently lost its brakes and careened down Kanan Dume Road. The driver apparently missed the escape median and crashed into the hillside on the south side of PCH. The truck, towing a 10,000-pound fork lift, struck the hillside with such impact that the cab was practically demolished. Several people inside cars, waiting for the red light for east-west traffic, witnessed the accident; none were reported hurt.

The battle between the city of Malibu and the Regional Water Quality Control Board, which wants the city to do something about the city’s septic problems, heated up when the RWQCB voted to implement a resolution that could impose a moratorium on septic system hookups or even mandate a sewer system in the city. Malibu, of course, threatened to appeal.

“If the objective is to require a big sewer for Malibu, the city will not support that objective.” Mayor Joan House in a letter to the RWQCB.

The City Council voted not to ban construction on Saturdays despite some neighbor complaints, after the contractors and some citizens scrambled to make themselves heard and to outline the negative impacts on the city from the proposed ban.

What was hot in ’98

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At Room at the Beach, a small decorative pillow reads “Whoever Said Money Can’t Buy Happiness, Doesn’t Know Where to Shop.” Few seemed to have that problem at the Country Mart and Colony Plaza last week as thousands of gift givers sent cash registers ringing.

At The Malibu Colony Company card shop, they lined up for boxes, bows, tissue paper and cards. At Cosentino’s, party goers carted off poinsettias. At Ralphs, party givers stocked up on supplies.

By Wednesday, ‘Bu Heaven had sold its last food basket. Custom orders included bottles of bubbly, beluga caviar, cocktail-size bilinis and creme fraiche, all the ingredients for an instant holiday celebration. “When it comes to wine, chardonnay has been our most popular,” said Rich Olson packing up another sale. “Cabernets and merlots do well and pinot noir is really on the upswing.” Premium vodkas and tequilas proved popular as well as specialty pasta sauces and designer chocolates.

December’s chilly weather boosted sweater sales. “Chenille is really popular at Christmas,” said Diana Day at Encore. “People like it because it’s so warm and it feels so good.” Other hot holiday hits included cashmere cardigans and hooded velvet cloaks. “You put this on and it’s just to die for,” noted Nicole Ferrera. “It’s been this year’s luxury gift.”

Holiday sales soared at 98% Angel where faux fur diaper bags were wrapped up for new moms and moms-to-be. The craze for kids was all about camouflage. “We couldn’t keep it in stock,” explained Barbara Gilford. “Everything sold out, right down to the last piece.”

In addition to food and fashion, there were holiday fads. Furby replaced Tickle-Me-Elmo as this year’s must-have toy. Snow globes and 3-D jigsaw puzzles were snapped up as stocking stuffers and bar sets edged in on smoking accessories. “Last year, it was cigars,” explains Trish Douda. “This year, it’s martinis — martini shakers, martini books, martini glasses.”

Holiday shopping enthusiasm stayed strong even after Christmas. “Saturday and Sunday, it was absolutely insane,” said Regina Ginsberg of Atlantis. “We were so busy, I couldn’t believe it.”

Santa was good to Malibu merchants and many said their business was way up over last year.

Now, there are cards to mark down, pine needles to pick up and ornaments to pack away. The goofy candy cane sweaters and Santa Claus socks will return to the closet and the holiday tapes will go back to their bins. After all the eating and drinking and buying and giving, some folks are happy to hang up the holidays for another year. A few might muse over the message of another decorative pillow at Room at the Beach, the one that says “Simplify.”

What does our City Council hope for in the New Year?

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“A disaster-free, citizen-serving, harmonious government.”

Malibu Mayor Joan House

“That we get along better. Other cities get along better. They party together. They BBQ together.”

Mayor pro tem Walt Keller

“In general, I hope our city government would find more harmony and focus more on the merits of an argument and not who’s advocating them. . . .As for Washington, D.C., we ought to impeach everyone, send them home and start over again.”

Councilman Tom Hasse

“A healthy, happy year without any disasters, natural or manmade.”

Councilman Harry Barovsky

Hold these Truths

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All men were created equal — except for law professors. One outside the dreaded stereotype is Pepperdine Distinguished Visiting Professor of Law Doug Kmiec.

“Law professors like to say they engage in a Socratic dialogue,” he says of the prevailing system of teaching law in America, la Professor Kinsgfield in the film “The Paper Chase.” Kmiec says, “A dialogue is a conversation where both are learning. I don’t use that method to make someone feel badly. If they get it wrong, they do it because they are learning.” In his years of teaching, he adds, only one student has fainted.

Kmiec was well prepared to teach property law and constitutional law this semester. After graduating from USC law school and while teaching at the University of Notre Dame law school, Kmiec won a White House Fellowship, becoming assistant to Secretary of Housing Samuel R. Pierce and to Domestic Policy Chair Edwin Meese III.

At the expiration of the fellowship, Kmiec returned home, only to receive a telephone call from Meese, just nominated for Attorney General, who asked Kmiec to become his constitutional legal counsel. “Senator Kennedy held my confirmation hearing,” says Kmiec. “He was a very gracious inquisitor.” Kmiec doubts he will ever have as significant a legal experience, working on every legal problem that confronted President Ronald Reagan from 1985 to 1989.

His own legal philosophy leans toward “natural rights.” “The self-evident truths of the Declaration of Independence are that people were created with inalienable rights. That document explains a lot about our government.” He adds, “It does use the term ‘men,’ but we’re hoping in the ’90s it’s an inclusive term.”

Property, he says, is a means of protecting humanity and human rights. It is a means of sheltering our families, of gaining rest, of educating our children. Our property rights laws include the manner in which communities design themselves — zoning, planning, subdivisions. The laws may create real communities that support families. They may also exclude people and make daily living more difficult.

“There is a new understanding in this country,” he continues. “We haven’t done as well as we might. One of the things you notice when you have five kids — you’re in the car a lot. You’re in the car because houses and commercial activities, houses and educational activities, and houses and occupational activities are segregated. We separate moms and dads from where our children are during the day.”

“We’ve done this to ourselves. Frequently, we did it for good uses — segregated uses to preserve the environment or quiet or privacy. It requires a fair amount of more sophisticated decisions, more careful selection, than we’ve done in the past.”

Solutions, he says, include communitarian designs, neotraditional designs, thinking about an opportunity for people to walk to a library, a community center, a church. People never meet each other on the sidewalk. “Notice it becomes an anonymous and somewhat alienated life,” he says. “The more we’re connected with one another, the more we help raise our children in a vibrant way.”

Kmiec and his wife, Carolyn, live in Malibu with their five children.

Their son Keenan is a sophomore business student at USC. “He’s a better person than I am,” says Kmiec. “He has achieved a sense of maturity and balance that I will never see. He works very hard, but he knows he has to stop work and refresh himself.” A self-starter, Keenan turned a term paper into a course he could teach and found a job in Manhattan training corporate executives in his personnel theory.

Katherine, a freshman at Pepperdine, “has shown the highest tolerance for legal reasoning.” She is said to be one of the favorite umpires at Malibu Little League. Says her father, “People liked her ability to make good calls with a cheerful face. There were a few retired professional umpires who took Carolyn and me aside and suggested we consider a full-time career for her in this line of work.”

Kiley, named after a judge and natural rights philosopher at Notre Dame, “is smiley,” says dad. “He’s one of the happiest, least perturbed people in the world. If you have a problem, he will cheer you up.” The MHS freshman, too, serves as a Little League umpire. Kmiec sees mathematical abilities in this son.

Twins Kloe and Kolleen, Our Lady of Malibu students, are their own best friends. Kmiec describes Kolleen as a quiet reader, the sweetest of the Kmiec kids; Kloe is a talkative mathematician, the most pragmatic Kmiec. Ask Kolleen why she is so quiet, says Kmiec, and she answers that Kloe says what needs to be said. “We’ve never separated them at school,” he reports. “They do independent work and achieve independently.”

Before the family moved to Malibu, Kmiec and his wife raised the five children on a farm. Kmiec taught at the University of Notre Dame for nearly 20 years and lived 10 miles north of the campus. On the farm was a schoolhouse built in 1859. “It wasn’t quite red at the time because it had faded.” They ran a pre-Kindergarten, at one time teaching 60 students on three shifts. “Carolyn was great at that,” he says. “She knows that children have their good moments and their difficult moments. The beauty of Carolyn is that she can make the most out of their difficult moments.” He describes it as a great way to see community form around a little building in the middle of nowhere.

“Carolyn and I are Chicago natives,” he says. “This was a source of amusement for our neighbors. We could almost hear them saying, ‘Let’s go watch the Kmiecs fix the hay bailer today.'” There was always something for the children to do — fixing the tractor, tackling piglets. “We thought it would be a way of having lots to do with the children at all times.”

As a high school student, he met Carolyn at a St. Patrick’s day parade in Chicago. They married after college, then came to Los Angeles so he could attend USC law school, packing their belongings into a ’72 Volkswagen and moving into an apartment in Koreatown. Carolyn worked as an accountant at a Big Eight firm. During his third year, he was held up at gunpoint, but, he says, “All things considered, we grew to love Los Angeles.” On weekends, they took foot tours, “driving to every conceivable location and then walking around it.”

Still, they returned to the mid-West to be with their parents. Now, he says, both sets have retired and moved to separate sun belts. “I still speak to my hometown every other Monday,” says Kmiec. He writes a column for the Chicago Tribune, on politics and law.

“I like to be well occupied,” he says. “I still believe in family time, so I will go home at night, and I relish family dinner. I feel it is my duty to help the kids with homework and my share of the family chores.” The answering machine is on and the TV off. He says there’s more time to talk to family when he is not competing with an electrical gadget.

His wife is pursuing advanced work in fine arts at Pepperdine. “Our home is filled with one beautiful item after another,” he notes. With their neighbor Page Adler, she is also planning a camp for seriously ill children, funded by Newman’s Own.

On their Sundays, the Kmiec parents serve as volunteer teachers, and their children as teachers’ aides, at OLM. “You’ve got to go to church,” says Kmiec, “so we just go two hours earlier. You learn more about your faith by teaching it, and it’s a way of learning more about people in Malibu.”

Now, about that visiting professorship. “I’m still visiting,” he says, “but one of the things about being in a beautiful place like this is that roots start to form. Because my family likes this so much, it may be more than a visit.”

City leaders say what they want in 1999

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“I hope that 1999 will be a better year for the business community, roads will remain open, and we all want a more civilized dialogue.” Mary Lou Blackwood, executive VP, Malibu Chamber of Commerce, which recently scored higher than the City Council on a voter trust scale in a recent poll conducted for the city.

“No disasters in 1999 so we can finish the disasters we’re working on from 1998.” Harry Peacock, Malibu city manager

“I want Malibu to stay sewer free. The Regional Water Quality Control Board is trying to impose restrictions that aren’t necessary by taking an overly aggressive stand without evidence to back it up.” Les Moss, former Malibu planning commissioner

“I’m optimistic. I see the council actually beginning to work better. Fiscally we’re in good shape.” Hap Holmwood, Malibu Emergency Services Coordinator

“Another sewer free year for Malibu.” Christi Hogin, Malibu city attorney, recently elected president of the 85-city Southern California City Attorneys Association

“I wish the property owners of Malibu would become aware of the disastrous effects of the ‘Hillside Ordinance’ being formulated by the planning commission . . . . Even remodels on Point Dume would be restricted.” Kay Furguson, community property rights advocate