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Watching summer slip away

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    If you sit on the back patio of Duke’s Restaurant, you can eat lunch with your bare feet in the sand and watch the bulldozers on top of the hill at Las Flores Mesa slowly carving away the hillside. After a while, it’s hypnotic. I simply couldn’t stop watching. I wasn’t alone. The parking lot was filled with other hill watchers and the usual harbingers of Malibu disasters, the ubiquitous TV trucks waiting for some drama to happen. Occasionally, a large rock would come down and the crowd would “ooh” in appreciation. Mostly people just sat silently and watched.

    People may bitch that the fix is going to take so long — 120 days at the most recent estimate. Once you watch the bulldozer working, however, you get a sense that it doesn’t really matter what Caltrans and the City Council say. In the final analysis, it’s the guy in the bulldozer seat, pushing the earth and the rocks to the edge and down the hill who’ll ultimately decide how long this fix is going to take. It’s slow, precise and dangerous work. Push too far and he’s over the edge, tumbling down the long drop along with the rocks and dirt. Don’t push far enough and the job could take six months instead of 120 days.

    Meanwhile, all that most of us can do is wait and try to make do, which isn’t easy.

    For those of you who haven’t tried it yet, there is a tortuous route into Santa Monica. Take Las Flores Canyon up to Rambla Pacifico, then a right turn onto Schueren Road, which turns into Saddle Peak Road and then Fernwood Pacific Drive, which leads into Topanga Canyon. Altogether it takes about 30 minutes and is a beautifully scenic drive, with Valley vistas, greenery and running streams, but be prepared for dozens of hairpin turns. If you’re prone to seasickness or have fear of heights, I wouldn’t recommend it. I haven’t yet tried it at night, and I suspect it is quite an experience. Your other alternative is to come through one of the canyons via the 101, which I understand has been a mini-disaster since PCH closed. Caltrans said it’s hoping to get at least one lane each way of PCH open within five working days, which puts it into the early part of next week — if we’re lucky.

    This is not an easy town to live in. In the last few years, we’ve had devastating fires, mudslides, flooding, numerous hillside slides, El Nino battering the beaches, retaining walls collapsing, roads sinking and just about everything but locusts and the waters turning into blood. It takes deep personal reserves, deep cash reserves and a nearly irrational sense of optimism to keep your sanity.

    The next four months are going to be especially tough on all of us. Local businesses, for whom the summer is the big season, are going to be hanging by a thread. Some are going to fold. The pressures on our city, its budget, the council and city officials are going to be staggering.

    There are a few things we can do. For one, we can all patronize our local businesses and our local restaurants because without us they’re not going to survive.

    For another, the city needs to organize a quick-response team, with a duty officer for the day, so that when things happen after hours or on weekends there is an emergency number and an individual with authority who can respond.

    We need to work out, ASAP, an arrangement with Caltrans and the sheriff for emergency traffic response, so when a light goes out or blinks red or there is an accident, there is someone there to direct traffic. We also want cones in the roadway at times of bottlenecks. It’s insane to sit there in traffic and have the middle lane empty.

    It’s going to take some doing and some dollars. If we want those things, we have to be prepared to pay for it with extra budget. But Caltrans and the sheriff have to shift their paradigm and give the highest priority to keep the traffic moving.

    Even with all of these things, we’re in for a tough summer. If we are going to survive with a functioning tax base and insanity intact, we’re going to have to cut each other a little slack and definitely find a way to make fewer trips into town.

    Council, city attorney argue ethics of campaign investigation

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    The Malibu City Council pushed scheduled agenda items aside to deal with the issue at the forefront of most residents’ minds — the closure of Pacific Coast Highway.

    After hearing testimony from three Caltrans engineers, council members voted unanimously to launch a major coordinating effort that would pull together the agencies involved, as well as elected officials on the state level. (See related story.)

    “Right now, we’re sitting here in this community with a dagger in our heart,” said Councilman Harry Barovsky. Barovsky made a motion to bring together city staff, decision-making person from Caltrans, the governor’s office, Sheila Kuehl, Tom Hayden and Zev Yaroslavsky’s office and a representative of the Malibu Chamber of Commerce to work out a plan to accelerate the effort to reopen the highway. Barovsky said it’s important to include “the people from Caltrans who are capable of making the decision to work 24 hours a day.” The council unanimously approved the motion.

    Agreement went by the wayside, however, when City Attorney Christi Hogin asked the council to approve agreements with lawyers to represent the city on municipal matters. The council approved hiring a law firm that specializes in eminent domain but balked at hiring an outside lawyer to investigate allegations of campaign fraud in April’s municipal election. The investigation involves a Political Action Committee set up to support the election campaign of Councilman Tom Hasse.

    “If Christi Hogin is to be the sole counsel, she will be investigating, basically, her bosses’ constituents and as we note, she can be fired by any three council members,” said resident and attorney Dave Kagon, adding a contrary vote “sends a clear and unambiguous signal and message that the City Council members are more interested in protecting a core of their supporters than they are in upholding the laws of the city they swore to uphold.”

    Tami Clark questioned the need for an outside attorney, pointing out that the state’s Fair Political Practices Commission exists to investigate campaign fraud. “Are you opening up another Pandora’s Box?” Clark asked, adding she doubted the city’s budget could handle the expense.

    Hogin said she makes projections of the costs of the city’s outside legal services and the cost of hiring Roger Brown, her choice for the investigation, falls well within those limits. Hogin told the council, “I have a budget, and I’ve always come within it, and I take that obligation very seriously.”

    Councilman Tom Hasse asked Hogin what the difference was between complaints raised following other campaigns and the current ones. Hogin told Hasse, in the past, “there was absolutely no indication that our local campaign finance law had been violated on its face.” In this case, she said, “I have factual questions whether things actually happened or didn’t happen, and that is going to take an investigation.”

    Hasse recused himself, stating while he had no legal obligation to step aside for the discussion and vote, he would do so for the sake of appearances. But his recusal also took away a deciding vote, since a 2-2 vote means a measure does not pass. The lines were quickly drawn, Barovsky and Mayor Joan House in favor of the request, council members Walt Keller and Carolyn Van Horn opposed.

    “I don’t quite see all the parameters,” said Van Horn. “It’s very Kafkaesque. I don’t think, and I’m sure that’s going to get in the paper, but I don’t see anybody here.”

    Van Horn further asked, “Why do you get to cover yourself by hiring a second opinion?”

    “It’s not a matter of covering,” Hogin replied. “They’re not going to say that it was me. They’re going to say that it was you. It’s you that I’m protecting.”

    Councilman Walt Keller said, “I really am concerned that you haven’t even talked to the folks that are being charged, and you don’t want to tell us what the allegations are, right?”

    “I’m not going to, and it would be unethical for me,” said Hogin. “I don’t think, Councilmember Keller, that you can make any judgments at all about how it’s being handled, since you have no information.”

    “That’s right. That leaves me wide open doesn’t it?” replied Keller. “What is the evidence? Again, you don’t want to tell me, right?” “Well, it’s not your role,” said Hogin. “It would be unethical.”

    Keller suggested that Hogin hold off until the Fair Political Practices Commission completes its investigation. When Hogin said that would not be possible, Keller said, “I have to fall back on why you should need outside help. It would seem much more efficient for you to do it since you wrote the law.” Keller asked Hogin for a written report in 30 days with answers to his questions.

    “I believe strongly that to make our city attorney handle the investigation, even if she finds no wrong doing, many in the community will think the fix is in, and a cloud will continue to hang over the reputations of those people who are being accused of misdeeds as well as ours,” said Barovsky. “We’ll be painted with that same brush.”

    “Based on the active involvement by all of us, the perception may exist that this council has a vested interest in the outcome,” said House. “This matter must be resolved, and the council must remain above reproach.”

    “I want a cost, an estimate of the cost, not just to say you’ve gotten your budget,” said Van Horn. “And I want an estimate of the time.”

    Barovsky asked Hogin for such an estimate. She replied it would take a couple of months and between $10,000 and $20,000.

    “I don’t have time right now to make the comparison of the hourly rate and the stuff that is,” said Van Horn, being interrupted by laughter from the audience. Before the final vote, Van Horn said “I can’t support this at this time because I want you to put in writing what you said.”

    The motion died with the split vote. It will be put back on the agenda in July, after Hogin’s written responses are submitted.

    In other business, the council voted 5-0 to repair damage done by El Nino to roadways near Calle del Barco and repair the retaining wall on Rambla Orienta. There were three options in the staff report drawn up by Public Works Director John Clement: to proceed with reconstruction when geotechnical stability allows, using General Funds; to proceed with reconstruction only if and when an assessment district is approved by the residents; and to allow reconstruction only if and when FEMA authorizes reimbursement of the work. Estimates run at $650,000.

    Residents Casey Cleveland and Karen York addressed the council, which voted unanimously in favor of the first option.

    Businesses adopt Webster class

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      A small plaque adorns the wall at the Malibu Feed Bin. It bears a photo featuring the smiling faces of Bev Price’s kindergarten class at Webster Elementary. Similar plaques can be found elsewhere in the city. Each says “Thank you for adopting our class.” What they mean is:Thank you for helping us buy supplies we need to help us learn.

      “It enables us to have things that we wouldn’t otherwise be able to have,” said Price. “We bought a water table and a video/book stand” with the Feed Bin’s $300 donation. Price says past donations have paid for software and computer supplies. “It’s a great thing,” said Price. “We always appreciate it.”

      “We do have an obligation to put back into the community,” said Martin Morehart, who has owned the Malibu Feed bin for 33 years. He says helping local schools seems the most appropriate way to accomplish that goal in Malibu. “There seems to be a few areas in Malibu where you can help, and that’s one of them. I don’t like to get into a wine-and-cheese deal,” he added. “I’m not looking for something with a great social element.”

      Webster’s Adopt-a-Class program was started three years ago when parent Mary Ellen Sherry read about a similar program in a national magazine. “I thought, ‘This makes sense,'” she said. “This is a way for some of these businesses to be involved with our school.” Sherry, who is the Webster PTA’s Financial Vice President, says the program benefits the businesses as well as the school because it creates a “collective spirit” when businesses and schools share in the community’s enrichment. “We’re a small town with all the adversity. We have to pull together as a community,” Sherry said.

      But not all donations come from local businesses. Some come from families. Judith Schley donated $1,900 this year to Webster’s Gardening Angels program, even though her child has moved on to middle school. “I like knowing that these kids have had the very best of everything,” Schley said. “If the schools can’t afford it, the community should.”

      Harry and Sharon Barovsky donated $500 to the library, even though their children are grown. “We have a strong sense of loyalty to the school system in Malibu and most assuredly Webster. Our children went there and received fine educations.”

      Sherry says the Adopt-a-Class program has been gaining speed ever since its inception, with donations up 25 percent over last year. She says this increase helped accommodate the additional classroom added to the school this year and allowed for expansion into other programs such as Instrumental Music. In a letter to sponsor Malibu Seafood, music teacher Steve Ravaglioli wrote, “I’m in the process of building a video and CD library for the instrumental music students.”

      Teachers say Adopt-a-Class funds have paid for a wide range of things, from equipment to hatch chickens to water rations and emergency supplies. In the future, Sherry says she hopes the program will bring more science presentations, more art and more art studios to the school.

      Five Weeks in Italy

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        We went to Turin and saw the shroud

        At the festa in Gubbio

        Got crushed by the crowd

        We found the Pope to be witty and charming

        Italian drivers were very alarming!

        In Florence we met cousins from Avellino

        Nino, Pino and Modestino

        They said life goes sideways both “up ana down”

        We knew what they meant when they drove us around

        With Pacino’s words we made a big hit

        When we taught them to say “Fogedabowdit.”

        It poured on Lake Como so we watched the Black Stallion

        Didn’t know that Liz Taylor could speak in Italian

        Assi, Padua and Rimini were great

        I overdosed on the pasta I ate

        Now I dream of Tuscany, the forests and fiori

        And the castle we stayed in at Lago Maggiori

        The Aosta valley and Mont Blanc were swello,

        The pizza delizioso and Italy tutto bello!

        Geraldine Forer Spagnoli

        Stormy waters

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          Re: Council Leaves Unpermitted Additions Hanging

          This previously mentioned article contained two decisions. One decision concerned illegal additions; the other concerned making the launching of motorized watercraft illegal from six specific private properties. It is the latter decision that bothers me. Although I do not live on those properties, I am offended by the fact that the council’ s members are so pompous and arrogant that they believe that they can make better decisions than the property owners themselves can make. I cannot believe that the council has nothing better to do than fix non-problems. None of the property owners were launching motorized watercraft from their property, and even if they were, who cares? Not only is the council taking away these individuals’ ability to enjoy some forms of recreation, but it could also put a financial burden upon them. If any of these owners decide to sell their home in the future, why would a potential buyer choose to buy their home and property over a different home and property where you can launch your motorized watercraft? These owners will have to endure a lower selling price as a result of this ordinance. However, why should the council care, six households will not effect the vote, and they can claim that they are out protecting Malibu. My question is, does Malibu need to be protected from itself, or does Malibu need to be protected from the council?

          Thomas R. Means

          2 homes lost, 8 threatened

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          The rocks started to roll down onto Pacific Coast Highway Friday, leaving two homes on the bluff slated for demolition and eight beachside homes threatened by the crumbling cliff.

          The road was closed just after noon, and homebound commuters were stopped at Topanga Canyon and rerouted through the Valley. Two lanes were reopened Monday but shut down again when geologists discovered a major fissure on the bluff that could send great chunks of earth and the deck of one house onto the highway.

          At one point, residents who had parked their cars and walked past the slide were stranded when sheriffs deputies said it was too dangerous even to walk back past the slide. Some went out onto the beach and crawled over the rocks to get to the other side.

          At midday Tuesday, sheriff deputies notified residents of the eight beachfront homes to leave; those who chose to stay would have to sign waivers. As of 3 p.m., all but one resident reportedly had left.

          A Caltrans representative took heat from city councilmembers Monday over the closures that spelled fiscal disaster for local businesses.

          Caltrans project manager Jim Lee said the road would be completely closed for five days and after that, he hoped to open one lane each way while the slide is being repaired. The total project, which includes removal of two houses and excavation of the bluff, is expected to take 120 working days; crews are to work sunup to sundown. Asked about a 24-hour-a-day work schedule, he gave three reasons that was not an option: dump sites are not open at night to take the material removed from the bluff; the demolition and grading work is deemed too dangerous to do in the dark; and because of overtime, it is not cost effective.

          Before grading can begin, the two houses at the edge of the bluff must be removed. Caltrans has signed contracts to buy the two properties, at the end of Sierks Way on Las Flores Mesa, so the structures can be demolished and trucked away.

          Over the weekend, the concrete deck of Les Steinmetz’s house, which had broken loose from the house and was hanging at a precarious angle, was broken up and the pieces lifted by crane onto the adjacent lot, a 1993 burn-out that was not rebuilt.

          Steinmetz’s house had been completely destroyed by the fire, and a new house built in its place. He had chosen the Italian slate tile for the floors, the granite counters, the wall treatment, everything that gave the house a European feel. He had done much of the work himself, replanting the garden, now in full bloom. It would be hard to walk away from all that, he said.

          “It’s the feeling of being displaced again,” Steinmetz said. “It doesn’t matter what you’ve got, it can all be taken away in an instant.”

          Caltrans said it would help Steinmetz and his neighbor, Joan Knapp, move out their personal belongings on Tuesday.

          “The city is coordinating with Caltrans geologists to determine when the slide activity is abated to the extent that it’s safe for people to re-enter the affected homes,” said Building and Safety Official Vic Peterson.

          As a temporary safety measure Monday, a dirt berm was constructed to deflect falling rocks and debris, allowing traffic engineers to reopen one lane in each direction on the eastbound lanes. But as more chunks of the slope began to break away, the road was completely shut down again at 1 p.m.

          For local businesses, on the first weekend of summer, it was a fiscal disaster.

          However, if the traffic backup that ensued after the partial closure is any indication of what’s to come, Malibu will be in for an oddly quiet summer, and it is predicted that many businesses, particularly those on the east end of town, could fail.

          After repeated road closures during winter and spring rains, local retailers and restaurateurs were looking to the summer beach crowds to recoup their losses.

          Located on the stretch of PCH between Topanga and Las Flores, Moonshadows restaurant was inaccessible from either side and has been closed since Friday. Duke’s Malibu, at the intersection of PCH and Las Flores, just a few meters from the slide that blocked the highway, was definitely between a rock and a hard place. On the weekend, when the road was completely closed to all traffic, at least residents west of the slide area came to eat. But when the road opened just one lane in each direction Monday and traffic backed up all the way to the pier, no one came but those within walking distance.

          Mike Osterman, owner of Pacific Coast Greens, the local gourmet natural food market, said his business was also hit because at least 15 percent of his customers had been coming from Pacific Palisades.

          At Allegria, owner Franco Simplicio said dozens of reservations for Friday and Saturday night had been canceled.

          And businesses that cater to the beach crowd from town were very lonely, as cars full of would-be beachgoers were turned back at Topanga.

          Local businesses that were having a tough time during this El Nino winter were counting on the first sunny summer weekend, the weekend after graduation, to make up losses incurred during the spate of road closures that virtually isolated the city during every heavy rain. Now it looks as though relief is still out of sight.

          When you park at Zuma

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            Keep two wheels on the pavement,

            When you park at Zuma Beach!

            No matter if your car gets crushed —

            You had best park it on the street!

            It’s hard to actually imagine,

            That so little needs be done;

            That the minions of our city

            Target our aerobatic runs!

            No matter if the pavement

            Is covered by creeping sand —

            You’d best have two wheels on the street,

            Or the “ticket” is quite grand.

            Perhaps now that voting’s over,

            People will forget.

            But where’s the common sense and kindness?

            Could it now be held in check?

            H. Emmett Finch

            Taxing situation

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              Here we go again. The Malibu bureaucrats are restless! The front-page story in The Malibu Times reports our city is interested in a home-based business license and tax. You mean I don’t pay enough in taxes? My federal, state, property, sales, telephone and utility surcharges, car registration and numerous other hidden taxes don’t cover my burden to government? Greedy bureaucrats must lay awake at night thinking of new ways to get their hands in my pockets. You just don’t get it, do you?

              When England raised taxes recently, Mick Jagger and The Rolling Stones canceled their entire concert tour, rather than pay the outrageous new taxes. When Tiger Woods signed a $50 million deal with Nike, he made sure to first relocate from California to Florida, a state without income taxes. Voters and entrepreneurs (even rock stars and golfers) vote with their feet. If they are no longer willing to pay outrageous taxes, they leave. Well, if Mick Jagger and Tiger Woods earn $50 million a year and won’t pay outrageous taxes, why should average taxpayers?

              Home-based business — along with the world-wide web — is the fastest growing business in America. In 1980, there were 3 to 5 million home-based entrepreneurs. Today there are over 40 million and growing fast. Home-based business keeps entrepreneurs off the road, saving gas and oil, reducing pollution and traffic and saving precious resources. Home-based business allows mothers and fathers to stay at home with their children, thereby building stronger families. Home-based business allows individuals to own their own business without spending huge sums of money — thereby encouraging entrepreneurship and financial freedom. Home-based business employs millions and generates billions in revenues.

              And, because it keeps home-owners at home, it’s great for Malibu — we shop locally! That raises sales tax revenues here in Malibu. So where’s the problem? Why does government suddenly want to get involved and spoil a good thing? Why tax, license and regulate a growing business that’s good for the economy and is working so well without your help? Are you angry? Annoyed? Jealous? Feeling left out of the picture?

              Now let’s look at what government does for the home-based business owner. As a Malibu homeowner, my government doesn’t even fix my roads. I live in a private, gated community. Government doesn’t bring me my water. I rely on a well. You don’t take away my waste. I have a septic tank and hire private garbage contractors. You don’t educate my daughter. I home-school her with private tutors. You certainly don’t finance my business. I put up all the money and take all the risk. You don’t put up any of the labor.

              In all these years I’ve worked to get from a blue collar apartment in Mount Vernon, New York, to a million dollar estate in Malibu, not once have I seen government sweating alongside me. Not once have I seen you working at 1 a.m. to help me pay my mortgage or my credit card bills. Now Malibu government wants another piece of my income, to give me the right to conduct my business in my home — even though I’ve done it just fine without their help or permission for years. No thanks!

              I know I’m speaking for many Malibuites. I won’t pay! I will fight this tax with everything I’ve got. If I lose, I’ll fight day and night to throw the bums out who voted the tax in. (Recall election, anyone?) And if I lose again, I’ll vote with my feet and move my family to a low tax state like Nevada or Florida, where success is rewarded, not penalized. Malibu City Hall note: This Tax is Dead on Arrival.

              Wayne Allyn Root

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