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Deconstructing Tom

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    Politics in Malibu is a lousy way to get things done. Malibu politicians are, like God’s infinite mercy, a last resort. Politics and ethics were the central topic of conversation among the guests at the Malibu Navy League July Fourth weekend dinner party held at the state of California’s Adamson House at Malibu State Beach. Assembling at my table for this 26th Captain’s Reception, a.k.a. John Payne’s 60th birthday party, were Tom and Harriet Rogers adjacent to Bob and Mary Rubenstein. This event was held out-of-doors, so it was meaningful that the Malibu weather was remarkable and the vista of sunbathers sunning and surfers surfing was a classic Malibu photo opportunity. Malibu’s outstanding climate serves to remind us that tourism is the foremost possession that our community has to sell. My wife, Ann Marie, was deliberating on the ethics of some lawyer or another, when queries among the table mates (mates the operative nautical term here) turned to the following trivia I’d like to bestow upon you. If lawyers are disbarred and clergymen defrocked, then doesn’t it follow that electricians can be delighted, musicians denoted, cowboys deranged, models deposed and dry cleaners depressed? Other Malibu Navy Leaguers at neighboring tables suggested that laundry workers could be decreased, eventually becoming depleted! Even more imposing your bed maker could be debunked, baseball players could be debased (Bob Ryan suggested this one), landscapers deflowered, bulldozer operators degraded (George Wing recommended this link), organ donors delivered, software engineers deprogrammed, underwear salesman debriefed, and even musical composers will eventually decompose.

    On a more decided note though, dear Editor, the assemblage resolved that perhaps Malibuites could hope that local politicians would be devoted.

    Tom Fakehany

    Conservancy’s sister agency hit with $6 million judgment

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    On the heels of losing $1 million in public funds and a parcel of land through foreclosure last month, the Santa Monica Mountains Conservancy was hit in a separate action with a $6 million judgment against the Mountains Recreation and Conservation Authority (MRCA), the purchasing arm of the conservancy, for failing to pay off a promissory note. Both actions come at a time when the state Legislature is considering expanding the authority of the conservancy to include the entire Los Angeles and San Gabriel River basins, despite claims of critics of the conservancy that the state agency is misusing public funds.

    The $6 million court judgment involved the sale of a promissory note to the MRCA, a joint powers agency in which the conservancy has a controlling interest. The note was secured by two trust deeds on property in the Brentwood section of the Santa Monica Mountains, upon which the conservancy anticipated foreclosing.

    The MRCA paid for the note by issuing its own unsecured note. The principal on that note, approximately $6 million, became due in January. Rather than pay the principal, the MRCA filed suit against the company that had sold the secured note, Tucker Land Co., claiming breach of contract.

    But Beverly Hills Superior Court Judge Irving Shimer ruled in February that the state agency had breached the contract by not paying off the note.

    In a separate motion, the conservancy argued it had no contractual obligations altogether, but, in June, Shimer ruled that it could not escape its obligations, and he awarded Tucker the amount owed on the note, plus attorneys’ fees.

    Laurie Collins, staff attorney for the conservancy, said the agency has filed an appeal in the case.

    If the conservancy does not prevail on its appeal, it has indicated Tucker will not be able to execute on the $6 million judgment. According to a brief filed in the lawsuit, attorneys for the MRCA argued that Tucker will not be able to collect the judgment because the MRCA “has only limited funds for its operations, certainly insufficient to pay against any judgment.”

    “That’s a terrible way for a government entity to talk,” said Alvin Kaufer, attorney for Tucker. “Hopefully, a federal court won’t allow that to be the law.”

    Collins would not comment on the conservancy’s assertion in the brief that the judgment is not collectable.

    Peter Wolf, chairman of Tucker, said he supports the aims of the conservancy, but he faults their business practices.

    It is, he said, “quite distressing for us that we signed a contract in good faith, and we thought we could take back an unsecured note from the government.”

    Wolf said he could not understand why the MRCA would argue that the judgment is not collectible. “Why are they allowed to enter into a contract?” he asked. “Are they above the law?”

    The judgment follows the conservancy’s loss of a parcel near Malibu Canyon Road in June through foreclosure, also the result of the conservancy’s failure to pay off the balance due on a promissory note. Through the foreclosure, the conservancy lost the $1 million down payment it paid to the owners of the parcel, funds which were made available by Proposition A, approved by voters in 1992 and 1996.

    Bill Pending in Legislature

    The state Senate, in April, approved a bill, sponsored by Sen. Tom Hayden, that would add the watersheds of the L.A. and San Gabriel rivers, and their tributaries, to the zone within which the conservancy may acquire parkland to protect it from development.

    The conservancy’s original mission was limited to the Santa Monica Mountains, but gradually, over the years, the zone has expanded to include the other hills and mountains that border the San Fernando Valley.

    Hayden’s bill would extend the boundaries of the conservancy to the nonmountainous and highly urbanized areas near the two rivers.

    The bill glided easily through the Senate and passed there on a vote of 21 to 12, but before the Assembly’s Natural Resources Committee it met with opposition from critics of the conservancy and 39 cities and local agencies within the conservancy’s zone, including Malibu.

    Opponents say they do not object to the restoration of the rivers, but rather to any enhanced authority for the conservancy and its longtime executive director, Joseph Edmiston. Opponents also say they have long-standing concerns about the lack of oversight of the conservancy and what they say is mismanagement of public funds.

    Malibu City Manager Harry Peacock wrote, in a letter to Assemblywoman Debra Bowen, chair of the Natural Resources Committee, that Malibu residents have related to him “and members of the City Council a string of broken promises relating to the activities of the conservancy, especially in terms of its acquisition, operation and use of the Streisand Center.” Peacock added, “Residents feel that there has been a gross abuse of authority by the Director [Edmiston], that there is little or no oversight responsibility being exercised nor is there any body of elected officials to turn to for a redress of the problems which have been visited upon them by the Conservancy and its Director.”

    Conservancy critic Patricia Bell Hearst of the Federation of Hillside and Canyon Associations said she, too, is concerned about the fiscal management of the conservancy and the power of Edmiston, who, she said, “is accountable to no one.”

    The bill failed in a vote in committee, but it is scheduled for reconsideration.

    Similar bills are pending if Hayden’s bill goes down to defeat.

    “If those politicians are smart, they’re going to drop those bills like a hot potato too,” said Hearst.

    Martinis

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      Martinis are trouble.

      Though they help me mingle,

      After two I see double,

      After three I act single.

      Bill Dowey

      Sad to see the change

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        Our favorite Market’s gone now,

        With all those special foods.

        We miss the quality that was,

        And that certain friendly mood.

        And even though the sign out front,

        Reminds us of the past.

        The inner choice within the store

        Is an unimpressive last.

        How sad it is to see the change,

        When it seems not for the best;

        Surely, Malibu deserves something better —

        Than a market like all the rest.

        H. Emmett Finch

        Council cans Specific Plan

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        After nearly three years of studies, surveys and workshops, the City Council voted to set aside the Civic Center Specific Plan and look into other options. At a special meeting June 30, the council directed the Land Use Subcommittee, comprised of council members Walt Keller and Carolyn Van Horn, to come up with a vision statement that identifies what needs to be done and a time line in which to do it.

        “It bypasses the whole democratic process,” said architect Ed Niles, who worked on the Civic Center Specific Plan Committee for 18 months. “One of the cornerstones of Walt Keller and Carolyn Van Horn has been to involve the community. This obviously circumvents that.” Niles added, “This subcommittee has no professional background and has no right telling us as a community what we have to do here. I don’t think it represents democratic government at any level.”

        The Specific Plan project was launched in September 1995 when the original contract with consultants was signed. Since then, workshops, study groups and meetings have produced a draft plan that was reviewed by the Planning Commission and forwarded to the council. The council also received an alternative proposal submitted by the Malibu Coalition for Slow Growth. In March, planning staff asked the council which plan it wanted to pursue. No decision was reached. “I think there are a number of constraints in there that were not adequately addressed,” said Van Horn. She listed geology, flood plain and wetlands issues as needing more study.

        The Specific Plan “has become the traditional political football,” said Niles. “We have politicians who are problem makers not problem solvers. You can’t stall this thing. It’s going to end up in the courts and some judge is going to tell us what to do. Ultimately this community’s going to lose in a big way.”

        Keller and Van Horn say the public is being included in the process. “Our first purpose is to identify developable property that the public might want to be used for public purposes,” said Keller, who listed possible purposes as wetlands, parks, playing fields, nature preserves or open spaces.

        “We’re considering property anywhere in or adjacent to the city,” said Keller. “These are obviously sizable properties.” To acquire the property, the city must purchase it at fair market value or it must be willingly donated.

        “Most of it, I think, we’ll have to purchase,” said Keller. “Eventually you have to come up with a legal fair price, but right now we’re just trying to get a rough idea of what we’re talking about.” Once an estimate is obtained, Keller said, the city will need to research other funding sources and trusts. “We have to get as much government money as we can and then go after foundations.”

        Keller said the council may also consider introducing a bond referendum, which would require a two-thirds vote, and may conduct a survey, similar to one conducted last winter in which voters rejected the idea of a bond to fund public works projects. “Maybe we didn’t ask the right questions,” said Keller, who noted that in the future survey the city would be “asking questions specific enough to determine if we can get a two-third vote.” Keller said voters are not likely to see such a proposal on the November ballot. “We’re not going to rush into it.”

        An Environmental Impact Report cannot be made without an actual plan. But the council did direct Ewing to oversee an Environmental Constraints Analysis. Consultants will study wetlands issues, flooding and drainage, hazardous materials, earthquakes, and cultural and biological resources. “I think we have to see what are the constraints and what are the parameters of it,” said Van Horn. “It provides a baseline of data for future projects,” said Ewing.

        As for the Specific Plan, “At this point [council has] given us no further direction,” said Planning Director Craig Ewing. But no one is willing to officially sound the death knell. “I can’t say that at this point,” said Van Horn. “They may find a use for it as they work on their vision statement and their plan. They may pick it up and use it, but I’m not seeing three votes to do that right now.”

        Computerized shopper

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          I return from a business trip and find a new shopping experience with Ralphs in Malibu. I was impressed with the new green colors and the uniforms of the checkout clerks, but standing in line, I see people getting lower prices than myself.

          Join the club, the checkout girl says, and you get lower prices. I ask for the form and for the privilege of shopping at the new Ralphs and to get the lower prices I must give them my name, address, age, license number and if I’m married or single.

          What is next?

          I will not shop at Ralphs or any other establishment that doesn’t want my money with my pleasant smile and wants to categorize me in their computer.

          Remember, if I don’t fill out the form, I don’t get lower prices.

          Where is Bristol Farms?

          Paul M. Billig

          Child Labor and the Global Village

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            Iqbal was 4 years old when he was sold to a carpet maker. The little Pakistani boy knew he would have to repay his bond with his own little life if he escaped. At 10, he fled the loom and was murdered two years later. But Iqbal Masih must have lived — and died — in another world, since most of us believe slavery was abolished a century ago. The reality is that out of political correctness we don’t call it slavery anymore, we call it “bonded labor'” — though the U.N. recognizes bonded labor as the modern form of slavery. Of course, not all of the estimated 250 million children in the Global Village’s labor force share the same fate, but a huge part of that large number were born to bonded families, who keep a debt with their creditors up to five generations.

            The story is tragic, and so are the lives of millions of children working in hazardous conditions all over the world. The children will now have a group of 11 award-winning photojournalists as spokespersons. These professionals in capturing the motion of life are about to hoist their sails, and their journey will bring them to places like the ones Iqbal used to work in. Their mission: to tell the world it is possible to change the way things are — before Iqbal’s fate sweeps his teen workmates’ plight under the rug.

            The project, kicked off June 20 during a workshop in Malibu, reflects the dream Julia Dean, 43, a photographer and writer based in Venice, envisioned after witnessing a scene on a train in India. She did not capture the scene on film, but the impression remained alive inside of her.

            “I had seen children working, but the one that really got me was this little boy,” Dean said. “He jumped in the train all by himself, holding a handmade broom. Soon he got upon his hands and knees and started sweeping around people’s feet, looking up and putting his hand out from time to time for a little change. And he went like that for miles and miles and miles, from train car to train car, until he changed trains and went back the other way.”

            This incident wrapped Dean in a daydreaming obsession and led her to launch her project in an attempt to wrap up the century with the spirit of photographer Lewis Heine, who helped eradicate child labor in the United States in the beginning of the century. “Our objective is to educate people about the issue through visual documentation, to prompt action against abusive child labor and to applaud humanitarian efforts that are creating positive change,” Dean said. The journey’s diaries will take shape in a book, a documentary and a traveling exhibit, sponsored by UNICEF, which will tour the United States starting in New York in spring 1999 and will extend through the year 2000.

            Dean picked four of her best collaborative photographers: Judy Warren, a ’94 Pulitzer winner for a series on violent rights abuses against women all over the world for the Dallas Morning News; Joel Sartore of National Geographic, a Pulitzer finalist; and Al Schaben of the Los Angeles Times, an NPPA winner; and Jon Warren, a Seattle-based photojournalist with three books published and a remarkable reputation in international editorial and documentary photography. Then she set up an international contest to reach the 11 photographers goal (mirroring Heine’s early century team composed of 11 photographers). The contest’s jury included three first-rank picture editors, Larry Armstrong with the Los Angeles Times, Kathy Ryan with the New York Times Sunday Magazine and Bert Fox, who is also the project’s director of photography, with National Geographic magazine. Out of 120 professional entries, five photographers with astounding backgrounds were selected, and out of 25 student entries, Brian Finke, a promising photographer from Brooklyn, who loves to befriend those who live in the fringe. The 11 photographers are a showcase of international awards, including 1997 Pulitzer winner Clarence Williams of the Los Angeles Times, several World Press Photo first prizes and Robert F. Kennedy award winners.

            Two experienced reporters will gather and edit the work done in the field by a local reporter, sometimes going to the field themselves. They also have remarkable backgrounds: Sarah Bachman, of the San Jose Mercury News, is currently working on a book “Child Labor and the Global Economy” and on a curriculum for U.S. schools on child labor; and Nick Fleming is author of the book “In Strictest Confidence” and was UPI’s lead writer during the U.S. invasion of Grenada.

            Social Concern

            Beyond their talent, these individuals share a commitment to bringing awareness of the effects of the global economy in developing countries, letting us know what is happening underneath those stones we sometimes hesitate to lift — often because our own interests are at stake.

            It is not easy work. They face all kinds of harassment by government forces in countries under conflict, and their ethics are questioned at home, including accusations of falsifying the pictures when these not only show minors working on the spot but also clearly highlight the logos of well-known Western brands. Awards and recognition cannot bring peace of mind to French photographer Marie Dorigny, 38, whose book “Les Enfants de L’ombre” (Children of the Shadows) received the UNICEF award in 1993. “Sometimes the images come back to me as flashbacks, and I keep having nightmares for weeks,” she said. Dorigny’s reportage on child labor for Life magazine in 1996 pointed a finger at American companies that employ minors at their Pakistani factories. She insists, “Child labor is not a social problem, child labor is a pure economic problem.”

            Francesco Zizola, 35, an Italian photographer whose work for two years with the street children in Brazil materialized in the book “Ruas,” is a recipient of the University of Rome prize. Zizola also worked on the Brazilian slave children. “That experience was like a huge life workshop,” he said. “It was the need of finding the meaning of life which took me there.” In the frame of a personal 9-year project called “Heirs of 2000,” Zizola toured the most vulnerable corners of the world.

            Some photojournalists have to open their souls before focusing their cameras. “I had to tell Theodora my darkest secrets if I wanted to be there,” said Williams when asked how he got Theodora’s family photographed for his Times documentary about children of crack-addicted parents. Others spend years looking for grants to finance their projects before gaining international recognition.

            Ernesto Bazan wanted to document the lives of refugees in the world “after the lights shut down and the media is no longer interested because there has not been any massacre.” Bazan could not find any funding for the project, so he went to Cuba and fell in love with the island. Cuba brought him a rosary of major prizes, among them the Dorothea Lang prize, established in the name of one of the noted photographers who participated in the Depression-era photographic project headed by Heine.

            “I don’t call myself a photojournalist,” said Gigi Cohen, a young woman of Ecuadorian origin raised in Brooklyn, currently working on a book about prisoners on death row. “I prefer to call myself a social documentary photographer. My work has a less-restricted time frame than that of a photojournalist. It is about the issue, not only about what is news today.”

            Jon Warren is a Seattle-based globe trotter whose childlike face deludes you if you think he knows nothing about life. Warren has covered stories in more than 50 countries, from the handloom weaving in Bangladesh to the Mennonites in Bolivia and the homeless in Los Angeles. He is an avid photojournalist and has published three photography books.

            Their assignments were revealed during the Malibu workshop. For periods of 30 days and throughout 1999, the photographers will follow the footsteps of 10-year-old girls as they get lost in the red light trails; they’ll bend their backs among the peasants’ children; they will share a joke with kid soldiers; they will try to capture an S.O.S. from enslaved domestics; they will get coal black with miners; and, after gathering the echoes of the chained little lives all around the world, including Latino kids’ pursuit of El Dorado in our backyard, they will tell the world with pictures, not only of the hazardous and strenuous jobs but also of those projects working in the shadows to free one child at a time.

            The project is sponsored by New York-based NGO Media for International Development, UNICEF, the United National Association, the National Consumers League, the International Labor Rights Fund and the International Labor Office in Geneva, among others. To help with the project, send your tax-deductible donations to: JD & Associates, 1265 Electric Ave., Venice, CA 90291. Phone/Fax: (310) 581-9523.

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