Malibu Surfside News

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Wednesday, November 25, 2009

Dog Park’s Fate May Be in Peril If MTC Prevails in Trancas Litigation

• Local HOA Urges Ban on League Play as Way to Settle

BY BILL KOENEKER



While it was not on the agenda, the Malibu City Council this week discussed at length the litigation between the city and the Malibu Township Council over Trancas Canyon Park and held out an olive branch to the Malibu West Homeowners Association, which is not a party to the litigation but is providing funding to the MTC.
Frank Angel, the MTC attorney, weighed in this week on the litigation, which has gotten increasingly complex because of the HOA, which is not represented by Angel, but has played an increasingly larger role in seeking a settlement.
Angel told the Malibu Surfside News that documents were filed last month in the case that “conclusively [prove] that the 1989 [Coastal Development Permit] cited by the [Environmental Impact Report for Trancas Park] was in fact a CDP for development on another property.”
Angel said when confronted with these documents, “The city now admits the CDP was not issued for any development on the park property. In other words, it is now indisputable that in certifying the EIR the city council falsely claimed that under a [Local Implementation Plan] exemption it may develop the dog park in [an] ESHA. This is a serious misrepresentation, as it served as the basis (isn’t pretext the better word?) for destroying ESHA on public property.”
At the council meeting, City Attorney Christi Hogin, for the first time, acknowledged the dog park could be in jeopardy if the court ruled against the city.
“If the court is persuaded, either to eliminate the dog park or do more environmental review, in no way would the outcome [of that action] eliminate league play,” Hogin told the council.
The city attorney was also referring to the apparent sole issue, no league play, that the HOA wants resolved through settlement talks.
Hogin went on to explain, “We were not sued by the HOA, the MTC filed the lawsuit. With significant changes to the park design, we believed we had reached an agreement with MTC. But then the settlement never consummated. We offered to record the condition of no league play. That’s were we were. Some residents want more security [about no league play]. That is tougher to do. We have resisted giving property rights to certain groups,” the city attorney said.
The MTC attorney elaborated on what many might consider the “smoking gun,” in MTC’s lawsuit, and that may suggest why the council was seemingly willing to agree to settlement talks with the HOA and MTC.
Angel insisted the city is simply changing its tune concerning the legal battle over the dog park. “Now we’re told there was no ESHA in the dog park. The problem with that claim is it’s false, too,” he said.
Angel pointed out the section in the EIR where the city itself states, “The mapped ESHA also extends partially onto the portion of the site proposed for a dog/picnic area. However pursuant to Section 4.4.4.d of the city’s LCP Local Implementation Plan, the park site and adjacent areas are not subject to the plan’s ESHA policies. (see discussion below under Regulatory Setting).”
The MTC attorney noted the city premises its new claim that the CSS on the dog park site is not ESHA on the discussion in the 1989 CDP staff report, which was based on the 1986 county LUP. “The city knows full well, however, that the 1986 LUP is no longer applicable. Since 2002, we have a new LCP, like it or not,” he added.
“We would like to resolve this,” said Councilmember Andy Stern to Mark Goss, the treasurer of the HOA, who had brought the matter to the attention of the council.
Goss told the council he was not in favor of the litigation and had voted against it. “Let’s come together and focus on league play. Let’s set the lawsuit aside and enjoy the park,” Goss said.
After the council members had spoken, Goss was asked what he and the board wanted. “My request is the board members and MTC meet with the council and the city attorney. Keep it as small as possible,” he said. The council concurred.

Saturday Motorcycle Rally Focuses Attention on Unknown Fate of Mitrice Richardson

• Criticism of LASD Treatment of Woman Who Has Been Missing for 10 Weeks Increases

BY ANNE SOBLE


It’s getting to be increasingly difficult for the Los Angeles County Sheriff’s Department to cast aspersions on local media that have kept a spotlight on the Mitrice Richardson case, as the Lost Hills Sheriff’s Station’s treatment of the woman who has now been missing for 10 weeks is steadily attracting mainstream attention from coast to coast.
From articles to editorials, questions are being raised about the way Richardson was placed under citizen’s arrest, booked on two misdemeanor counts, and then released from Lost Hills at 12:25 a.m. on Sept. 17 with no money, cell phone or means of transportation in what is essentially an isolated industrial area. The specifics of the case, well known to Malibu Surfside News readers, are now becoming familiar on a broader scale, provoking expressions of public concern that range from racism to gender and sexual bias.
Thanksgiving is expected to be an extremely trying time for family members of the missing 24-year-old Cal State Fullerton honors graduate. In addition to a complete lack of contact, Richardson has not accessed her credit cards or checking account funds. Alleged sightings of the black, five-foot-five, slightly built woman, clad when last seen in a T-shirt, jeans and possibly a hat, have not led anywhere. Field searches, rallies and flyer distribution have been ongoing since a missing person report was filed.
This Saturday, Nov. 28, a “Bike Ride and Rally for Mitrice Richardson” will make a 65-mile loop from Marina Del Rey to Malibu via Pacific Coast Highway, then take Malibu Canyon Road to Highway 101 to the 110 Freeway to South Los Angeles.
Over 100 riders, including members of two dozen African-American motorcycle clubs, volunteers, friends, and family are expected to take part. For more information, email mvrichardson@bringmitricehome.org
The online activist group—change.org—has now collected 3020 signatures toward its goal of 5000 signers of a petition urging state and federal officials to initiate a federal investigation and bring the FBI in on the Richardson case. The text of the petition can be found at the website: www.change.org
Anyone with information related to the missing woman can contact the family at www.findmitrice.info or Ronda Hampton at 951-660-8031, Michael Richardson at 310-283-4717, or LAPD Detective Chuck Knolls (Homicide-Robbery) at 213-485-2531.

Corral Canyon Residents Gather for Second Anniversary of Nov. 24 Wildfire

• Awards Established to Thank County Officials Who Aided the Unincorporated Area

BY ANNE SOBLE


As a week of strong Santa Ana winds and high fire danger was being forecast for the Malibu area, several hundred Corral Canyon residents and guests gathered last Sunday to observe the second anniversary of the Corral Fire that irrevocably changed many of their lives.
Coordinated by the Corral Canyon Safety Alliance, the neighborhood held the private event to reflect on what has transpired since flames broke out in the pre-dawn hours of Nov. 24, 2007.
Even though the alleged perpetrators of the inferno that claimed 53 homes and damaged 35 others, as well as killed many domestic animals when it destroyed 4900 acres, are still wending their way through the judicial system, residents are making progress with rebuilding, even as many of them complain about the slow pace of the wheels of justice.
The gathering at BeauRivage also was an opportunity to express gratitude to public officials who have assisted residents—most of whom are located in unincorporated Malibu in the Los Angeles County Third Supervisorial District.
Supervisor Zev Yaroslavsky; his field deputies Susan Nissman and Cynthia Scott; and Sheriff’s Captain Tom Martin were presented the first Corral Canyon Community Service Awards “in recognition of their outstanding commitment to Corral Canyon and the fire victims since the fire.”
Residents honored Los Angeles County Fire Chief P. Michael Freeman, who is retiring in March, with the Freeman Award, “named in his honor in recognition and appreciation of his exceptional leadership, fearless honesty and devoted public service to the citizens of Los Angeles and in particular, the residents of Corral Canyon.”
These awards will be ongoing.
CALFIRE LITIGATION
The residents might have had more cause to believe that those who start wildfires, whether accidentally or maliciously, will be deterred if it had been announced before this Monday that the California Department of Forestry and Fire Protection filed a $7.7 million civil cost recovery action against William Thomas Coppock, Brian Alan Anderson, Brian Franks, Eric Matthew Ullman, and Dean Allen Lavorante, the five men who allegedly started the Corral Fire in Malibu State Park,
Saying it spent at least $7,728,362 fighting the blaze. CalFire seeks damages for negligence and violations of the Health and Safety Code, according to the agency’s public information officer, Daniel Berlant.

First Batch of Area Wildfire Protection Meetings Is Over

• Review Session Slated for January

BY BILL KOENEKER


The initial round of meetings on the proposed Santa Monica Mountains Community Wildfire Protection Plan between residents and agency members to draft site specific plans for various neighborhoods has wrapped up, according to organizers.
More meetings are planned for 2010, when a large forum to review all of the maps created to date will be held on Jan. 9.
The next set of meetings, including the large workshop, are designed to allow those residents who were unable to attend the meetings in October and November an opportunity to add their input.
During the past sessions, since October, participants were encouraged to take part in a series of mapping and a brainstorming exercises dealing with a particular geography, vegetation cover and neighborhood concerns in their region.
Details for the upcoming meetings can be found at tinyurl. com/SMMCWPP.
The Jan. 9 forum will be held from 2 to 5 p.m. in the multi-purpose room at Juan Cabrillo Elementary School.
The second series of meetings will be focused on Malibu’s western beach communities, central beach neighborhoods, eastern beach areas, Point Dume, Corral Canyon, Liberty Canyon/Lost Hills and Calabasas.
Malibu and mountain residents can now access an online mapping exercise similar to the exercise offered at the community forums. Residents can download it from the project website at forevergreenforestry.com/SMMCWPP Maps.html.
The website contains a simple survey form and map to print, which participants can use to mark up. The form and map can then be mailed in or scanned and submitted by email.
The project website also contains a new page of fire safety information for residents of the Santa Monicas, including much of the information shared at the public meetings.
Organizers say one of the biggest differences between this forum and others is the public is directing the information. The advantage is that agencies are taking that local knowledge and applying science in order to come up with the best possible site-specific plans for living with wildfire.
“The public is supportive because this process involves them and they contribute to finding solutions,” states a press release issued by organizers.
Agencies participating in the protection plan include Los Angeles and Ventura County Fire Departments, City of Malibu, National Park Service, Santa Monica Mountains Conservancy, California Department of Parks and Recreation, California Fire Safe Council and the U.S. Forest Service.
The draft document will be available for public review in April 2010, and the final plan is expected in June 2010.

City Council Is Preparing for Next Round in Septic Tank Ban Slugfest

• No Date Yet on State Board Hearing on Regional Action

BY BILL KOENEKER


The Los Angeles Regional Water Quality Control Board seemingly made it official when it made an announcement last week about the septic ban issued for the Civic Center and surrounding area.
“On Nov. 5, 2009, the regional board adopted the resolution to prohibit on-site wastewater disposal systems (septic systems) in the Malibu Civic Center area. The prohibition applies to all dischargers in the Civic Center area, including commercial and industrial facilities, public facilities and residences. New septic discharges are no longer allowed and existing commercial and industrial dischargers and public facilities must cease discharge by November 2015 and residences by November 2019,” the notice emailed to stakeholders and posted on the RWQCB website stated.
However, Malibu city officials say not so fast. “The action the regional board took is not final. We do not want people to think it is the law of the land,” said City Attorney Christi Hogin. “It is like a cloud on a [property] title. You can’t be in violation of anything yet.”
Hogin was referring to what city officials believe is the tentative action of the regional board concerning a septic ban, which must be approved by the state board.
Earlier, City Manager Jim Thorsen had explained the state board may approve the ban, or it may send it back to the regional board with conditions.
Thorsen said the timetable is uncertain, as the state board could take up to several months to set a meeting date. “They assured me there would be a hearing. They need a complete record of the regional board hearing,” he said.
Hogin agreed, “I think there will a hearing. The written submissions will be 30 days in advance.”
The city attorney said the state board hearing is unlike an appeal hearing most Malibuites are familiar with. “It is not the case in the state board hearings. Either they accept the regional board’s action or reject it with comments,” she said. “We can’t so much pitch our plan.”
There was no more talk about suing the state panel, unlike at the last city council meeting when Mayor Sharon Barovsky vowed to take the matter to court.
Nor was there a showdown after Councilmember Jefferson Wagner had disagreed with the mayor on litigating the matter in several publications. Wagner did issue a nearly three-page position statement outlining his take on wastewater issues and the criticism it generated.
The matter was on the agenda, because the staff wanted direction on several ongoing projects.
However, the council at first took time to talk some more about their reactions to what had happened at the regional board meeting.
Councilmember Pamela Conley Ulich complained about how the board’s staff would not enter into the record actual evidence she presented.
Hogin said she found that interesting. “It is inexplicable. That is one of the things a court would look at. It is not procedurally correct,” the city attorney noted.
Thorsen had sought direction because he and the staff plus consultants would be getting ready to address the state board and wanted to know how money should be spent on existing studies and programs.
The council discussed whether work should continue on the Environmental Impact Report for the proposed Civic Center wastewater treatment facility.
Councilmember John Sibert said since the EIR is in the early stage, work should continue. “I think we should move forward. We can pull the plug [if need be],” he said.
The council unanimously concurred.
The council also unanimously agreed to direct the city manager to continue to work with a task force of stakeholders he has met with and the council also voted without dissent to use money left over from technical assistance fees earmarked for the past regional board meeting for the state board hearing.
The regional board notice offers further details about the past hearing and the process. Interested individuals seeking further details can go to: www.waterboards.ca.gov./losangeles/water issues/programs/basin plan/index.shtml.
The presentation given at the board hearing is available and the map delineating the prohibition area is also online.
The resolution for the prohibition and the certification of the environmental staff report with substitute environmental documentation is posted along with a notice of determination stating that the transcript of the hearing will be posted when it is available. The technical staff reports and memos are also online.
The septic ban is technically considered an amendment to the agency’s Water Quality Control Plan known as the Los Angeles Regional Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties.
The basin plan, according to the RWQCB, “is designed to preserve and enhance water quality and protect the beneficial uses of all regional waters. The basin plan designates beneficial uses for surface and groundwaters, sets narrative and numerical objectives that must be attainted or maintained to protect the designated beneficial uses and conforms to the state’s antidegradation policy and describes the implementation programs to protect all waters in the region.”
In addition, the basin plan incorporates by reference all applicable state and regional board plans and policies and other pertinent water quality policies and regulations. Those policies and regulations of other agencies are referenced in the various sections of the board’s basin plan.

‘State of Our Schools’ Presentations Paint a Grim Picture

• Deficit Funding Calls for Cuts Everywhere But Superintendent’s Compensation

BY SUZANNE GULDIMANN


As California’s budget woes continue to deepen, the fourth annual State of Our Schools presentations, held at Malibu High School on Nov. 17 and at Santa Monica High School on Nov. 18, struck a grim note.
The event, co-sponsored by the district, the council of PTA and the political action committee Community for Excellent Public Schools, was created to showcase the district’s “accomplishments and challenges,” according to the CEPS web page.
This year, teachers and students shared inspirational stories; talented young musicians performed; and district officials presented impressive achievement statistics and anecdotes about the success of district alumni.
Samohi graduate Randy Bresnik, classmate of many Malibu students in the 1980s, made not just the state of the schools report but the international news this week for his series of three spacewalks at the International Space Station; but even that event was overshadowed by an increasingly dire budget deficit crisis.
“This fourth annual presentation felt like a wake—in advance,” former PTA president Rebecca Kennerly wrote on the CEPS blog. “If deficit spending remains unchanged, the district will have a negative fund balance by the end of 2010-11.”
The district’s operating deficit is expected to reach at least $10 million this year.
“We can’t depend on Sacramento,” was the message delivered by district superintendent Tim Cuneo at the event in Santa Monica. “SMMUSD receives nearly three-quarters of its operating revenue from the state and yet and the new Pew study found California, ‘on the brink of insolvency,’” Cuneo stated during his address.
It wasn’t all bad news. Cuneo’s presentation included statistics that show the district’s pass rate far exceeding state and national levels. The district continues to show steady improvement on high school exit exams and English language arts and math passage rates, despite deteriorating funding.
According to the superintendent’s presentation, state funding for the district has dropped from approximately $5880 per student in 2007-08 to 2004-05 levels of $5029. District students receive an additional $2257 per student from sources that include parcel tax measures and money from the cities of Malibu and Santa Monica.
That additional community-based funding, together with what Kennerly describes as “careful fiscal management,” has helped deflect some of the impact of the state budget crisis, but not for long, according to Cuneo, because 72 percent of district revenues come directly from Sacramento.
“When the state economy is in the tank, so are we,” Cuneo said. “If we don’t make changes in our expenditures, we won’t be able to survive.”
The superintendent outlined what he described as “proactive steps” currently underway in the district, including $4.5 million in budget cuts for the 2009-10 budget, strategy meetings by the financial oversight committee and the superintendent’s budget advisory committee and plans.
Cuneo also discussed the progress of the district’s advisory committee organized to study the feasibility of a emergency temporary parcel tax, and reported that district officials are engaged in labor negotiations with union leaders and administrators over pay and benefit reductions, but spring layoffs are anticipated to be an inevitable consequence of the ongoing crisis.
Cuneo himself recently came under fire from the local teachers union and district parents, when a survey revealed that he is one of the highest paid school superintendents in the county.
Cuneo, who relocated from Northern California in July of 2008 to accept the post of interim superintendent and was soon selected to fill the post full time, receives a $220,000 base salary, a $38,000 housing allowance and a $12,000 car and cell phone stipend, a contract that the board of education defends as fair compensation based on Cuneo’s performance.
Pam Brady, past president of the California PTA and a former member of the SMMUSD board, also focused on Sacramento when she delivered the State of Our Schools keynote address.
Brady accused state legislators of attempting to “balance the state’s budget woes on the backs of California’s children” and called on parents to keep fighting the gridlock in Sacramento. “[Sacramento needs to] understand that to build California and to be strong again, we need to invest in our children,” the Malibuite said.
Everyone seemed to agree that the best defense of education was strong offence. “Advocacy is the only game in town—and we had all better start playing as hard as we can,” Kennerly wrote, following the event.
More information is available online at www.smmusd.org or on the CEPS blog at http://excellentpublicschools.blogspot.com/

Publisher’s Notebook

• No Holiday from Santa Anas •

ANNE SOBLE


Gratitude benefits the giver and the receiver alike. Its expression is a reflection of our connectedness to those who are most meaningful to us, as well as a way to acknowledge those who affect our lives, even if we don’t know them personally and relate to them only in the abstract.
It’s become the norm that Malibuites will spend Thanksgiving on wildfire alert whenever Santa Ana winds are blowing. The National Weather Service says this week’s winds are moderate—in the 20-30 mph range, about a third of what ripped the community’s midsection asunder in 2007—but the uneasiness in palpable. Local Smokey Bear signs say fire danger is “very high.”
The Los Angeles County Fire Department has extra crews and equipment on duty in Malibu. Five additional patrols and two water tenders are on site; a helicopter is at Camp 8 during the day; and the rest of the fire department’s helicopter fleet, the two SuperScoopers and an Erickson Air Crane helitanker, are all on standby. Firefighting personnel know that their holiday plans can be interrupted on a moment’s notice if there is a call to action.
It rarely takes very long for this same sense of heightened alert during Santa Ana winds to be hardwired into a Malibu resident’s circuitry. But this wildfire readiness syndrome in no way detracts from the joy of the Thanksgiving holiday and the sense of gratitude we have for the bounty that is our good fortune. Indeed, it enhances them.
The first Thanksgiving was about gratitude for triumphing over adversity. Residents still recovering from the fire ravages of 2007 understand that well. As Malibuites give thanks in 2009, they should acknowledge the role that nature plays in their lives, even when it calls for them to face adversity.

Squid Bring Fishing Fleet to Malibu

BY SUZANNE GULDIMANN


It’s an eerie sight, but it isn’t the lights of a phantom city or evidence of a military exercise or alien invasion, instead it’s the light boats of the squid fleet, close into shore this year at County Line, in pursuit of market squid.
According to the NOAA Fisheries Service, demand for market squid, Loligo opalescens, has escalated dramatically since the 1980s, making this small mollusk the most valuable fishery in the state.
California Department of Fish and Game marine biologist Dale Sweetnam is an expert on squid. He told the Malibu Surfside News in a phone interview that market squid usually spawn in large numbers off of the Channel Islands. “This year, for some reason, the squid want to be at the mainland,” Sweetnam said. “A lot of it depends on water temperatures.”
Asked if El Niño is a factor, Sweetnam replied, “We have an El Niño, but it’s not extreme, we haven’t been seeing red crab, or other tropical species migrating here. When it is extreme, the squid go away. Because it’s mild the fisheries are doing very well.”
According to Sweetnam, market squid live for less than a year—usually just six to eight months. The fact that they completely replace their entire population annually may help the squid to rebound from severe El Niño years or other environmental impacts.
“Unlike other fish species, market squid are not bound to a specific spawning location, but can spawn wherever conditions permit,” Sweetnam said. “These squid are very prolific when the conditions are right.”
In addition to water temperature, those conditions include nutrients, and water of a depth of 240-360 feet with a soft or sandy surface at the bottom. Sweetnam explained that the squid are harvested during spawning. Lights are used to attract the curious cephalopods. Nets are then deployed to scoop them out of the water.
According to National Oceanic and Atmospheric Administration statistics, almost all market squid are caught off the coast of California. In 2008, 84 million pounds were harvested by U.S. Commercial fisheries. Most are frozen and shipped to Asia, but some of the catch goes directly to fish markets or is sold as bait.
“It’s really weird to be surrounded not by water but by a sea of millions of squid,” a former squid fisher told The News. “They watch you with those eyes. They also squeak. If you don’t take adequate precautions they’ll clog your engine, all your pumps. It’s like something from a science fiction movie.”
According to NOAA, “many aspects of the life history of market squid remain unknown,” making research and conservation planning vitally important.
Sweetnam told The News that the DFG sets a total catch limit of 118,000 tons annually, to ensure that overfishing doesn’t occur, although current biomass is one of the things scientists still haven’t ascertained. Fishing is not permitted on weekends to “give the squid a break.”
The squid, Sweetnam says, are an important food source for a wide variety of marine organisms, including fish, birds and marine mammals, as well as an increasingly valuable harvest for humans.

State Parks Receive NPS Aid

BY SUZANNE GULDIMANN


Severe cutbacks and reduced services at Malibu area state parks have been averted—at least for now—thanks to a $939,169 grant from the National Park Service.
The grant, announced on Nov. 20, is calculated to restore funding at state parks in the Santa Monica Mountains to last year’s levels—before the state budget crisis let to radical cuts to state parks.
The state operates seven parks in the Santa Monica Mountains, including Leo Carrillo, Point Dume State Beach and Malibu Lagoon within the boundaries of Malibu. The area, frequently described as the largest urban wilderness in the country, has up to 4 million visitors annually. Park proponents and area residents have feared that cutbacks at the parks could result in increased wildfire, vandalism and create serious safety risks.
“The purpose of the grant is to sustain the same level of service the state parks provided last year, before the budget cuts,” Woody Smeck, superintendent of the Santa Monica Mountains National Recreation Area, told the Malibu Surfside News.
“The NPS is not only acting to benefit users of the state parks,” Smeck said. “We’re really investing in our own interest. NPS is the nearest emergency responder and provider of park programs. If any of these units had closed or partly closed the NPS would have the burden of emergency services such as search and rescue. It would fall on NPS staff.”
“Wildfire is a very serious concern,” Smeck continued, explaining that the interconnecting patchwork of federal, state and private lands in the SMMNRA means that boundaries are porous and closures would be impossible to secure or police, creating serious safety concerns.
“As a result of this grant, the public should experience no reduction in services or operating hours,” a press release stated.
“The grant is a temporary remedy. It’s a stopgap measure for this year,” Smeck said, “but we’re ecstatic about it.”

Wednesday, November 18, 2009

Mayor Pro Tem Challenges City Approach to Septic Ban

• Affirms He’s at Odds with Rest of Council

BY BILL KOENEKER


Malibu has already witnessed an impact to the municipality based on the Los Angeles Regional Water Quality Control Board’s decision to ban septic systems in the Civic Center area.
An apparent split has developed on the city council over the direction it should take for either abiding by the RWQCB decision or appealing it and possibly litigating the matter.
Mayor Sharon Barovsky has indicated she wants to go to court if the city appeal to the state board is denied.
However, Mayor Pro Tem Jefferson Wagner is being quoted and has repeated this week that the time for lawyering is over and it is “time to do something now.”
When asked if that puts him at odds with some of the other council members who have already publicly taken a position, Wagner tersely answered, “Yes.”
At the board meeting, Councilmember Pamela Conley Ulich bluntly told the board the matter was sure to end up in court.
Wagner said he has been quietly listening during the time he has been in office, but indicated that he now plans on a new direction when speaking out on issues.
The freshman council member acknowledged that he has already encountered detractors who accuse him of wanting to “sewer Malibu.” He says that is not the case and those “criticisms are nothing more than Malibu politics.”
“We are not talking about sewers. We are talking about small treatment plants like [the ones] at Pepperdine or Malibu West and other areas. We are not sewering Malibu. We are talking about taking care of the Civic Center,” he said.
Wagner, who owns a surfboard and surf gear sales business in Malibu, said he does side with the surfers, as he is one of them, as well as the environmental groups that demand that the city take action now to clean up Surfrider Beach.
“[Cleaning up Surfrider Beach] is my position as well. It is a start in the right direction,” he said.
At the same time, he says it will take longer than the alloted five years to implement a proposal and calls 15 years a more realistic timeline.
But Wagner is emphatic about not continuing to litigate the isue, calling litigation a stalling tactic that simply won’t work in the long run.
The mayor pro tem’s comments already have political insiders pondering who will start the fireworks.
City Hall observers are gearing up for the council meeting next week when the matter is on the agenda.
The staff is seeking direction from the council about what do to with ongoing projects related to wastewater management.
While city officials must wait for the next two to six months to see whether the regional board’s decision will be approved by the State Water Resources Control Board, the staff is asking the council for input now.
The municipal staff has prepared a list of questions that they want the council to answer in terms of preparation for the state board and the immensity of the plan ordered by the regional board.
Should the city continue to fund the final plans and Environmental Impact Report for the existing Civic Center CWWTF. Should the scope of work change to meet the regional board prohibition area or should the plan focus on an alterative solution? If not, should all or a portion of the funds be reallocated?
“Should the city utilize and expand additional resources in order to assist the city’s efforts with the state board?” This expenditure could include funding additional water quality testing by such groups as the USGS, UCLA or other water laboratories to gather additional data.
The council majority may be too bogged in details like these to try to put Wagner on the hot seat for dissing their stance.

Malibu West Home Owners Group Seeks Role in Trancas Park Suit

• Wants Assurances that League Play Is Forever Banned

BY BILL KOENEKER


If the board of the Malibu West Homeowners Association has its way, it may become more involved in the pending litigation between the Malibu Township Council and the City of Malibu over Trancas Park.
The HOA had contributed thousands of dollars to the MTC which is challenging the city’s approvals of the park and is attempting to get an injunction to stop the bulldozing and grading, which is currently in progress. Up until now, the city and MTC have been the only two players currently in settlement talks.
“MTC’s lawsuit itself is focused on getting rid of the dog park because MTC claims it is in ESHA, it isn’t. League play is not an issue in the lawsuit,” said City Attorney Christi Hogin. “The city council imposed a condition that prohibits league play.”
The key issue apparently for the Malibu West homeowners is the specter of future league play at the park, which currently is designed for practice only.
MTC president Steve Uhring said, “I agree with the Malibu West homeowners. I can’t understand the reluctance of the city council to not give them that authority.”
The HOA board, which wants homeowners to lobby city council members about it, wants a “legally binding restriction banning league play at Trancas Park.”
However, Hogin noted the prohibition against league play is a condition of approval of the coastal development permit. “Violation of a condition of a CDP is a violation of the Coastal Act. The Coastal Act already allows Malibu West to sue the city to enforce the prohibition. So Malibu West already has everything it seems to want: a prohibition against league play and redress in the court if the prohibition against league play and redress in the court if the prohibition is violated,” wrote the city attorney.
Malibu West HOA wants to be named as a third party beneficiary. In a letter to the homeowners, the board maintains the outcome of such a status “would mean that a ban against league play at Trancas Park cannot be changed without the permission of the Malibu West HOA.”
“If the city decides to allow league play in the future, Malibu West could sue the city to enforce the settlement agreement provision against league play,” the HOA missive states.
The HOA letter goes on to state that the board thinks the opportunity is ripe for them to intercede since “this settlement opportunity was only initiated by the city after Malibu West voted to support the Malibu Township Council legal action against the city. Subsequently, MTC offered specific settlement language which the city did not accept. MTC will drop their lawsuit if the city would agree to the following outstanding points. Make Malibu West the third party beneficiary of the settlement agreement, agree that the provision against league play is unchangeable and the MTC attorney be allowed to approve what is being recorded and that it be attached to the settlement agreement to be sure Malibu West is protected.”
The city attorney said the city is prepared to agree that it will conduct an initial study of the environmental impacts of such a change and hold a public hearing on the issue. “This means that a future city council can not rely on a CEQA exemption or issue an administrative permit without a hearing. As a result, if the prohibition is ever reconsidered, we will have decisionmakers fully informed of the potential impacts and neighbors able to participate in the decision-making,” Hogin said.
The board letter urges the homeowners make their opinions known to the city council members. “[It] is an effective way of supporting our community’s concerns, so we’re asking all Malibu West homeowners to pull together on this unifying issue and please contact city council members to let them know that Malibu West residents want the city council to agree to these three points.
Mayor Sharon Barovsky said she has begun to respond to those e-mails. She mailed The Malibu Surfside News one of those replies.
“I cannot support giving control of public land to a single entity. Public officials can be held accountable for their actions; unelected, single entities cannot. I doubt there will ever be three council people who would oppose the wishes of an entire neighborhood. If that is ever the case, you can vote them out of office, elect new officials and reinforce the original restriction.”
Barovsky went on to write that league play has nothing to do with the MTC lawsuit. “If [MTC] suit prevailed (which I doubt in light of two courts reviewing their ‘facts,’ and not finding enough evidence to stop the park), the best they could get is having the dog park redesigned.”
Barovsky also restated her position on public property. “But I do not think it would be ethical to give people who are not accountable to the general population the right to decide what and what can not be done. That is what elections are about,” the mayor added.
Barovsky also reminded the homeowners there could be unintended consequences. “What if your HOA board is eventually taken over by a majority of ‘sports moms’ who want league play and push through a change. Their actions are not appealable and the city’s is.” she wrote.

Council Heeds Call to Keep City Hall Seating

• Public Outcry Overrules Proposed 50% Reduction

BY BILL KOENEKER


The Malibu City Council backed away from some aspects of the conceptual plans presented by its consultants for the new City Hall at a special meeting last week. It was agreed that another session would be scheduled.
The city has $1.7 million available in the City Hall designated reserve. The consultant LPA, Inc. is seeking fees of $518,500 to develop construction documents for the conceptual plan.
The cost of construction is currently estimated at $3.7 million. The estimate includes all of the interior improvements in the conceptual designs presented by LPA, as well as some exterior site improvements, council member were told. The city will need $2.5 million in addition to the $1.2 million remaining in the reserve after the appropriation for the construction documents, according to Administrative Services Director/Assistant City Manager Reva Feldman.
The council was also told the redesign of the theater from about 500 to 230 seats would be most appropriate for both the council chamber meetings and theater performances.
However, that is not the direction the council wanted to go. With Councilmember Pamela Conley Ulich absent, the council directed the staff and consultants to bring back revised designs increasing the number of theater seats, review the location of the council office and possible relocation of the teen center.
The council’s wish list had included both a senior and teen center, banquet room, spare space for sheriff’s deputies and small city workout area with showers
In addition, the council directed staff to bring back the agreement for additional funding for the consultant LPA, Inc. and indicated it wanted to see funding options for the project.
Most of the discussion focused on the theater seating. Councilmember John Sibert said it was important to get the most out of the performing arts center, but the council and the staff should not lose sight that the number one function of the building and the theater is a City Hall.
Mayor Sharon Barovsky reminded her colleague the theater was permitted for 400 seats which is less that what is in the theater.
“What I’m hearing is you want one more shot at this,” said City Manager Jim Thorsen about a final concept plan. “Expanding the theater out will change the dynamics. The teen center should be re-located to free up the 1,000 square feet to recapture the additional seats in the theater.”
Councilmember Andy Stern said this was the time for the public to bring its concerns to the council. “Now is the time for public input,” he said, though the meeting took place on a Thursday morning.
Sibert wanted to know how the city would handle the costs and Barovsky said it was important to figure out the larger costs in reconfiguring the theater
“The theater has to be cut back. It is not permitted for a 500 seat theater,” she said.
Thorsen said the staff needed direction in financing the costs.
Barovsky revealed the city’s call for use of the performing arts center to generate some immediate revenue has fallen on deaf ears. The mayor said folks have called about use of the center, but have mostly complained about the price.
Stern acknowledged the council is confronted with difficult choices. “The problem is everybody has his or her interests. We will do our best,” he said.
Sibert wanted more details about the numbers for funding, but was told the staff would bring back revised costs and how they could be financed at the next meeting.
“We will come back with a design, add seats to the theater as close to 400 as possible, with a council office and keep the teen center,” said Feldman.
Barovsky wanted to know if the financing could be done with the certificates of participation or from the general fund.
Feldman, in her staff report, wrote if the city were to issue COPs, the estimate on the debt service associated with a $2.5 million issuance would be $175,000 a year. The COPs would be structured with call features that would allow the city to pay the debt in full prior to the thirty year debt service time period, she said.
Stern noted the costs are unknown at this time because of the changes the council was requesting at the meeting “They are just unknowns,” he said.
“We will bring it back to you at the next meeting,” added Thorsen.

Cat Declawing Ban Is Vetoed by City Council

• Malibu Could Become Declaw Center

BY BILL KOENEKER


For the second time at the request of Councilmember Pamela Conley Ulich, the majority of the Malibu City Council considered a cat declawing ban, but once again turned down preparing an ordinance outlawing the practice known as onychectomy.
The proponents of the ban were led by a wildlife veterinarian, Jennifer Conrad, a lifetime local, who said she had been urging the ban on declawing of cats. Several cities adopted bans since Malibu considered the issue.
Councilmember Sharon Barovsky continued to insist the matter was an either or situation and that calling for the ban was like a death sentence. She said she was totally against the practice, but felt the ban would preclude other options leading to a bad alternative for cats.
Barovsky, who is a cat owner explained her cat of many years just recently died. She indicated she had a new kitten and noted with the information she had in hand could not be persuaded to change her mind about the issue.
Councilmember John Sibert, who said he is also a cat owner and had a declawed cat adopted in that condition, described the ban as symbolic, because pet owners could travel just across the hill for the practice.
However, it may turn out that because so many neighboring communities are banning the practice, Malibu may be where the operations are performed most. Opponents say that may be one more thing the community is castigated for by its critics in the outside world who plan to dub Malibu the “cat crippling capital of Southern California.”
Sibert added, “I don’t think it is a good idea for declawing, but I have a declawed cat we adopted and could put it in anybody’s lap,” he said, adding any measure the city passed would be purely symbolic without a rationale.
Conley Ulich said she did not own a cat, because she is allergic to them, but thought the practice should be abolished because it is “cruel and unusual punishment.”
According to Conley Ulich West Hollywood was one of the first cities to enact a ban in 2003. Just since the council first considered it, Santa Monica voted to ban the practice, Beverly Hills did so also, Los Angeles passed it and Berkeley also voted to enact the measure.
In 2003, the council considered such a ban and after a packed chamber including veterinarians urging the council to either reject or enact the ban, the council backed down from approving an ordinance prohibiting the practice.
The proposal is similar to a law adopted by the city of West Hollywood, which was challenged in court. That city’s ban was challenged by the California Veterinary Medical Association, but was upheld by the state appellate court in 2007.
The argument that swayed a majority of the vote last time was that not many other cities had enacted such a law and that Malibu’s ban would be ineffective.

Fish & Game to Hear MPA Proposals Dec. 8

• Interests Vow a Fight over Point Dume Revisions

BY SUZANNE GULDIMANN


On Nov. 10, at the end of another marathon meeting that involved testimony from dozens of public speakers, stakeholder group members and science advisors, the Marine Life Protection Act Blue Ribbon Task Force unanimously adopted a preferred marine protected area proposal for the south coast study region.
The room was packed with Marine Protected Area proponents and opponents dressed respectively in blue and black and armed with slogan-covered signs. At one point, a shoving match broke out between two speakers and security was required to break up the fight. At the end of the marathon meeting, the BRTF voted unanimously to select what is being described as a compromise plan for the region. The decision was greeted with both applause and a chorus of boos.
“We have to ground our decisions in science. We are making some major concessions to socioeconomic pressures,” BRTF member Meg Caldwell said at the conclusion of the marathon session.
“It’s not perfect,” BRTF chair Catherine Reheis-Boyd acknowledged, “but [it’s] something we hope we can live with, not just today, but that can be sustained,”
The preferred alternative plan includes both a State Marine Reserve and a State Marine Conservation Area in west Malibu, but leaves Rocky Point at Palos Verdes open for unrestricted fishing.
In the BRTF proposal, an area stretching from the western end of the Paradise Cove parking lot to Zuma Beach will receive the highest level of protection as a State Marine Reserve. The proposed SMR includes a submarine canyon off of Dume Cove described by the Science Advisory Team as a rare and vitally important habitat.
The SMR also covers a substantial portion of the hotly contested reefs east of Point Dume, including Big Kelp Reef, a favorite fishing area for kayak anglers and the spearfishing community.
The SMR would be a no-take zone that prohibits all types of fishing. However, fishing boats, including kayaks, would be permitted to transit a SMR with catch on board. Non-extractive activities would reportedly not be impacted.
“The BRTF proposal does not restrict public access or recreational enjoyment, such as boating, swimming, diving or kayaking,” Reheis-Boyd clarified in a statement after the meeting. “The plan allows existing commercial and recreational fishing to continue in the majority of the region, including at Rocky Point along the Palos Verdes Peninsula, while strengthening ecosystem protection at a number of key geographies such as Point Dume in Malibu.”
The BRTF proposal for Malibu also includes a State Marine Conservation Area extending west of Westward Beach to Lechusa Beach. The SMCA would permit limited fishing activities, including recreational spearfishing for Pelagic finfish, Pacific bonito and white seabass, and commercial take of market squid, coastal pelagic finfish and swordfish.
Maps and descriptions of the specific MPAs included in the BRTF proposal are not anticipated to be posted to the MLPA website until Nov. 19, according to a press release.
However, Malibuite and official stakeholder group member Sarah Sikich was able to shed a little additional light on one MPA boundary. In an interview with the Malibu Surfside News, she explained that an eleventh-hour decision to move the western boundary of the proposed Point Dume SMR from the eastern end of Westward Beach to the outflow of Zuma Creek had less to do with conservation issues than navigation and enforcement. “It’s more visible and easier to enforce,” Sikich said.
The mood following the meeting was one of resignation on the part of both conservationists and fishing interests. Stakeholder group member Kevin Ketchum, a spokesperson for the interests of the Santa Monica Bay marinas, called the compromise “a sacrifice,” but one that was “acceptable.”
Not everyone agreed, leading to discord at the meeting. Environmentalist and Malibuite Wes Dawson was involved in a scuffle with a kayak fishing advocate during the meeting, when the other man wouldn’t stop shouting at Ken Wiseman, executive director of the Marine Life Protection Act Initiative.
“If the fishing industry had been good stewards and policed themselves we wouldn’t be here today,” Dawson told the task force at the end of public comment.
The BRTF preferred alternative is now scheduled to be presented to the Department of Fish and Game, the agency overseeing implementation of the MLPA, on Dec. 9 in Los Angeles. The exact location has not yet been announced.
In addition to the preferred alternative, the BRTF will also submit the three final MPA proposals developed over an 18-month period by the 64 members of the official regional stakeholder group.
The commission’s regulatory process to adopt the proposed south coast MPAs is anticipated to take approximately one year. Officials say that the process will include “numerous opportunities for public input.”
More information on the MPLA process is available at http://www.dfg.ca.gov/mlpa/

Questions Continue: Little Is Known about the Last Hour Spent in Custody by Mitrice Richardson

• Lost Hills Jailer Who May Have Been Her Final Contact Declines Local Press Interview


BY ANNE SOBLE


The Los Angeles County Sheriff’s Department’s chief spokesperson and other LASD officials ask, “What does the family’s criticism [of us] do to help find Mitrice Richardson?” But the drumbeat of criticism grows louder and more specific as there has been no word from the 24-year-old Cal State Fullerton honors graduate in nine weeks.
Given a powerful push by Richardson’s photo appearing on the cover of People magazine and an intensive drive in the politically active gay, lesbian, bisexual and transgender community, the saga of the young woman who was “acting crazy” in Geoffrey’s restaurant on Sept. 16 and allegedly unable to pay a dinner bill of $89.51 at the establishment despite having several thousand dollars in a bank account is achieving national status.
The GLBT community has expressed concern that the young African-American woman preparing to become a teacher and begin doctoral studies in psychology may have encountered not only race and gender bias, but also sexual identity issues because she is a lesbian.
Geoffrey’s manager performed a citizen’s arrest and signed paperwork requiring the remanding of Richardson to custody for transport to the Lost Hills Sheriff’s Station where she was booked on two misdemeanor counts—defrauding an innkeeper and possession in her vehicle of less than an ounce of marijuana (normally a field citation).
Richardson was then ostensibly released alone after midnight on Sept. 17 without money, her cell phone (reportedly still being kept by the authorities) and without transportation (her car was towed from Geoffrey’s lot and impounded).
Family members criticize how Richardson was handled by the arresting deputies—they name two of them on a family blog, Armando Loureiro and Frank Brower—and contend that anyone described as saying she was from Mars and speaking gibberish should have been placed on a 72-hour hold under professional medical care, instead of being let out the side entrance of an isolated building in a dark industrial area she did not know.
Excluding the possibility that Richardson’s behavior at the restaurant was a carefully rehearsed act that she then dropped with sheriff’s deputies, family members say the woman was demonstrating a state of mental crisis that might be related to bipolarity or schizophrenia.
In the supplemental report—written by Brower a week after the initial arrest report—describing the field sobriety test, which the woman passed, he notes that Richardson was “cooperative and polite” and “seemed a little embarrassed about the entire incident.”
To complete the booking process, Richardson was handed over to a jailer, or custody assistant, named Sharon Cummings. Jailers are not sworn deputies but are classified as professional staff. As they are not peace officers, they are not armed. It is their job to run the jails in the Los Angeles County system.
According to the operations lieutenant at Lost Hills, Steve Smith, “[Cummings] started county service in May of 1997, working a county jail facility. She arrived at Malibu/Lost Hills in April of 1998.”
Smith said, “She is identified as our administrative jailer, which means she trains other jailers and is responsible for administrative paperwork that is required.”
The sheriff’s department’s chief spokesperson, Steve Whitmore, speaking at a rally in October outside the Lost Hills Station, told the gathering of placard carriers that the “African American jailer [Cummings] said she engaged [Richardson] in ‘lucid’ conversation...at great length.” Whitmore indicated that the jailer said they “talked about music... jazz [which Richardson] liked. [and] gospel [which] she didn’t.”
Whitmore said the jailer offered to let Richardson stay overnight in a cell with a bed. He indicated that the cell would not be locked, but Captain Tom Martin, the commander at Lost Hills, had earlier told the Malibu Surfside News that station policy requires all occupied cells be kept locked, but Richardson “could have asked to be let out at any time.”
Cummings now declines to be interviewed by the media or allow a personnel file photo or other photograph of her to be made public by the sheriff’s department.
Responding to an email inquiry from The News, Lieut. Smith said: “As I am sure you can imagine, an employee who infrequently interacts with members of the press can feel a high level of stress speaking to the press.”
Smith added, “Specifically, an employee is always fearful that they could be misquoted, sound/say something ‘stupid,’ answer a question incorrectly, and probably most common, when they read what was written, feel that the written words were not what they meant to say to the reporter.”
Smith noted that Cummings did one brief off-camera interview with a broadcast outlet a week after Richardson disappeared that the jailer considered stressful. Smith said, “I believe Ms. Cummings feels that..she did not need the added stress of another interview.” He added that “Ms. Cummings is a very professional and gentle woman, who takes great pride in her duties and responsibilities to those who she is entrusted to care for when they are in her custody.”
The only quote attributed to Cummings in the off-camera interview was similar to paraphrasing offered by Whitmore at the Lost Hills rally. Cummings said, “When I found out [Richardson] didn’t have a ride, I asked her why don’t you stay. It’s kind of dark and a bit cool, you don’t have a jacket. I knew she lived out in L.A. and didn’t know the area. But she said she didn’t want to spend the night in jail, and she was hooking up with some friends.”
Cummings then reportedly walked Richardson to a side exit door and up to the walk-through gate at the entrance to the side of the sheriff’s station. She may have been the last person to converse with the young woman before she disappeared.
Among conjectures voiced by family members is that Richardson encountered foul play at Lost Hills. The woman’s father, Michael Richardson, adamantly states, “I believe that someone at [Lost Hills] had something to do with my daughter’s disappearance.” Family members point to changes in versions of arrest circumstances given to them by Lost Hills and redacted reports as proof of a “cover-up.”
Some family members also ask whether Richardson might have been given a ride from the station and then, for some reason, either got out of the vehicle or was let out seven miles from Lost Hills, where she appears to have been sighted by a Cold Canyon area resident at about 6 a.m. Family members doubt that she could have walked that far in the dark alone. The report of this possible sighting was allegedly not responded to by deputies for several hours.
The family continues to request a meeting with Sheriff Lee Baca and has responded negatively to a report he presented to the county board of supervisors last week, outlining the department’s stance that Mitrice Richardson’s release was handled in accord with all applicable laws and practices.
The family is also keeping track of the Los Angeles Office of Independent Review’s oversight of the department’s review of Malibu Station personnel’s interactions with Richardson.
The OIR is a civilian oversight panel that monitors the Los Angeles County Sheriff’s Department and investigates allegations of officer misconduct.
LASD RESPONSE
Sheriff’s department spokesperson Steve Whitmore says family members’ ongoing criticism of the LASD, especially espousal of conspiracy or wrongdoing theories, “doesn’t achieve the goal of finding the missing woman.”
Whitmore said he “can’t stress enough that there is no cover-up [because] there is no wrong-doing...there is no conspiracy.”
However, most observers say there can’t be anyone in the department who doesn’t expect a day of reckoning, no matter how the case turns out, which is why LASD officials hope the woman is found soon. They know that if she has befallen an ill fate, fingers will point at them.
PETITION DRIVE
An online activist group—change.org—has collected 2569 signatures toward its goal of 5000 signatures on a petition urging state and federal officials to initiate a federal investigation into the Mitrice Richardson case. The text of the petition can be found at the website: www.change.org
Although the tight-knit circle around the missing woman maintains an upbeat attitude and speaks out to her daily, as evident at a recent prayer service attended by her mother and other family and friends, signs of the ongoing stress show on many of their faces.
Anyone with information related to the Richardson case can go to www.findmitrice.info or contact Ronda Hampton at 951-660-8031, Michael Richardson at 310-283-4717, or LAPD Detective Chuck Knolls (Homicide-Robbery) at 213-485-2531.

Lichenologist’s Lecture Enlivens Life for Lichen Lovers

• Santa Monica Mountains Continue to Offer Expert Unexpected New Discoveries in the Field

BY SUZANNE GULDIMANN


Malibuites who like lichens are in luck. Expert lichenologist Kerry Knudsen will be presenting his latest discoveries on lichens of the Santa Monica Mountains and the Channel Islands on Saturday, Nov. 21 at 2 p.m. at the Santa Monica Mountains National Recreation Area Visitor Center in Thousand Oaks.
Lichens are a combination of fungus and alga that grows on rocks, trees and manmade structures like roofs and fences. Often colorful, strange and even beautiful, lichens can also be an important indicator species. According to the press release, scientists regard lichen as a kind of canary in the coal mine for climate change and air quality, because they are extremely sensitive to air pollution.
Knudsen recently received international attention for discovering a new species of lichen at Channel Islands National Park. He named his new discovery Caloplaca obamae, in honor of President Obama.
In addition to his new discoveries, Kerry Knudsen discuss his most recent project, investigating discoveries made in the area in the late 19th century by a lichen enthusiast named Herman Hasse.
“Over 100 years later, Knudsen has picked up that work, and recently returned from a research trip to Harvard University where Hasse’s journals and samples are now archived,” the press release stated.
“I verified 70 taxa that have not been collected since 1915, for a total of 86 taxa known only from historical record,” Knudsen said, calling the recent trip a success, and adding that he plans “to search through the Santa Monica Mountains to see if he can find any of these lichens.”
He said that he expects that “at least some will be exceptionally rare or have possibly disappeared from the mountains entirely.”
According to NPS Policy and External Affairs Manager Lauren Newman, “Knudsen’s lichen chronicles are sure to delight the audience, and his tales of discovery and quest for buried archives and forgotten species will thrill listeners.”
For more information, visit www.nps.gov/samo, or call 805-370-2343.

Best of the Benz Celebrates New Quarters for Sales and Service




Shining bright—Silver Star Mercedes Benz celebrated the grand opening of its brand new state-of-the-art sales and service facility in the Thousand Oaks Auto Mall last week. Above right, William Little, vice president and general manager, and Susan Murata, vice president of Silver Star Auto Group, survey the crowd oohing and aahing over the sparkling new Benz line, as well as the numerous classic cars—such as the 1956 300 SL Gull-Wing—that were on display.

Wednesday, November 11, 2009

Council Members Vow Court Fight over Regional Water Board Ban on Septics

n Hold Out Hope that State Board Will Overrule L.A. Panel

BY BILL KOENEKER


The newly installed mayor of Malibu, Sharon Barovsky vowed at this week’s city council meeting to take the fight with the Los Angeles Regional Water Quality Control Board to court if the city could not get the state board to overturn the regional board’s decision about a septic system ban in the Civic Center and surrounding areas.
“I hope the state board will listen, if not, there is no question in my mind we will go to court, probably for the next five to six years,” Barovsky said, during council comments on the results of last week’s water board decision.
City Attorney Christi Hogin had earlier explained that the regional board’s decision will go before the state board, much like an LCP amendment would go before the California Coastal Commission for certification.
“The next step is it goes to the state board automatically. Until we exhaust those remedies, we cannot litigate,” Hogin said.
Councilmember Andy Stern called the regional board meeting “an embarrassment.” Stern maintained the RWQCB staff had asked the city to bring along the scientists and professionals to give oral testimony about their research findings.
“We spent all of that money and had the professionals there,” said Stern, who noted the board instead was told to have the testimony stricken from the record. “That is not good public service. It is an embarrassment.”
“When people ask me where this is going, I don’t know. What if the voters say no to an assessment district? Does the RWQCB have the right to tell everybody to leave their buildings? They can’t tell us what to do. We are stepping into a very uncertain future,” Stern concluded.
Councilmember John Sibert took the water board to task for what he called practicing bad science. “They were rationalizing the data for a pre-determined outcome. That really bothers me,” said Sibert. “We have to pursue other remedies. I agree with Andy, this is really stepping off the cliff.”
Sibert said, despite what the city has been called by its detractors, Malibu has done so much to clean up the water.
Barovsky agreed, adding how Malibu has spent more money per capita on clean water projects than any other city in the state.
The new mayor went on to complain about how the city had gone to the board with a plan that addressed all of the problems concerning the lagoon and Surfrider Beach. “And believe it or not, Heal the Bay supported it. I was really surprised. Then at the eleventh hour they come up with their own plan. I don’t know why,” she said.
Councilmember Pamela Conley Ulich talked about the public’s misperception of how the City of Malibu must be rich like some of its residents. “Under LAFCO, the city only gets seven percent of the property taxes. That amounts to $3-5 million per year. We are not this rich city. We are looking at an unfunded mandate.”
Conley Ulich, who said what she feared most was the solid economics of the city’s current picture turning sour in the next couple of years, if the city is saddled with a $50 million mandate. She added, “I fear that in two years the city won’t be as economically sound.”
Conley Ulich noted that she was disappointed the board refused to look at the data that suggested there are fewer A grades and more flunking grades on the weekly beach report card in Santa Monica where they have sewers than in Malibu. “We have to start preparing for our own battle,” she concluded.

Downtown Hearing Was A Surfers’ Tour de Force

• Municipal Officials Explore Options

BY BILL KOENEKER


Malibu city officials have made it clear the decision by the Los Angeles Regional Water Quality Control Board last week to prohibit septic systems in the Civic Center and surrounding areas is just the first step in what could be a lengthy administrative procedure that might even include litigation.
Municipal officials indicated they are exploring all options in response to the ban imposed by the board on a 5-2 vote last Thursday at a nine-hour meeting.
“The city is weighing its options in response to the vote,” said Councilmember Andy Stern in a press release—one of his last actions as mayor. Current Mayor Sharon Barovsky used even stronger language about litigating the matter (see separate story).
That first option would be to appeal the board’s decision to the state board which must approve the regional board’s decision.
“The city is considering a request to the State Water Resources Control Board to reject the regional board’s ban on Malibu’s septic systems at an upcoming state board meeting,” a municipal press release states.
While board members, who accepted what was called an eleventh-hour alternative crafted by the RWQCB staff that extended the time frame of the ban for existing systems until 2015 for commercial and 2019 for residential. They characterized the prohibition as a means to compel city compliance, municipal officials have responded with a somewhat recalcitrant approach.
“In casting its vote on November 5 for the prohibition on septic systems, the regional board rejected a more targeted and economically feasible wastewater treatment plan offered by the City of Malibu. The city’s wastewater plan had garnered widespread support from the community, businesses and other stakeholders,” a City of Malibu press release states, even though some of these premises are challenged.
That stance was soundly rejected by the surfing community represented by the Malibu Surfing Association, Surfrider Foundation and others. Surfers blamed the polluted waters of Surfrider Beach on the city and its foot-dragging on a centralized sewer system in the Civic Center.
However, individuals who spoke later were left scratching their heads over why the surfers all got three minutes and everybody who wasn’t with the group only got one minute to speak.
The board faced a standing-room-only crowd. Attendees spilled over into another room to hear and see the meeting on a large-screen video, while the board deliberated among themselves about what they might want to exempt and whether to accept the staff’s proposed alternative to its original recommendations.
The majority did not want to put back into the basin plan amendment an exemption for zero discharge systems that had been removed just days before the hearing. Board members did agree on exemptions for the so-called pipeline projects, new development in the city close to receiving permits.
Board members also talked about exempting those beachfront homes on Malibu Road and in the Colony the city had sought to remove from the prohibition area if all of their systems were required to have disinfection installed.
Though some board members seemed willing, RWQCB Executive Officer Tracy Egoscue insisted the exemptions were not possible.
Earlier in the hearing, the RWQCB staff gave a staff report, and then Malibu city officials put on a 60-minute presentation that included several council members’ testimony.
Councilmember John Sibert, who cited his credentials as a scientist, said the problem was complex, not simple and that a “box of tools” was needed rather than a hammer.
Councilmember Sharon Barovsky said she believed the city and the board were “on the same page,” but had reached a “kind of confrontational mode.”
But it was Councilmember Pamela Conley Ulich’s comments that caused the most commotion among board members and the board’s attorney.
She compared the weekly beach report card between Malibu Surfrider Beach to the grades at Santa Monica Pier. She read the number of days that Santa Monica, which has sewers, had more flunking marks than Surfrider. She insisted those remarks be included in the record and concluded, “We will end up in court.”
The city’s presentation included a discussion by researchers and scientists about recent studies of the lagoon and Surfrider Beach, which seemed to vindicate the city’s position. But those studies have not been completed nor had any peer review.
However, despite all of the scientists that testified on behalf of the city, it was Mark Gold, the president of Heal the Bay, who got most of the board’s attention.
Gold was insistent that the board go through with the prohibition, but gave his blessing to some of the city’s requests.
The city alternative proposed a smaller wastewater treatment facility that would target the users with the potentially highest impact to the watershed. Gold concurred that the proposal was valid.
Gold was subsequently asked about his position and how it did or did not align with the city’s. He said he favored allowing for the disinfection for advanced treatment systems as an option and reiterated he was not in favor of doing away with the prohibition. “The city says the Civic Center and the Serra Retreat area should be sewered. We concur. Allow the city’s options for other areas or one pipe to a small plant,” he said.
After several more hours of public testimony wrapped up, Egoscue offered the staff alternative with the new compliance schedule and the exemptions for pipeline projects.
She said the staff was also willing to change the western boundary of the prohibition area to exclude Pepperdine University and Winter Canyon. The justification being that groundwater and surface runoff does not impact the lagoon or Surfrider Beach.
At the same time, the board’s counsel said Conley Ulich’s remarks would not be entered into the record as requested and the U.S. Geological Survey studies cited by the city would also not become part of the record. The rationale: RWQCB staff never got the requested information from the city until oral testimony and consequently had no opportunity to review the evidence.
Some board members during deliberation asked RWQCB staffer Wendy Philips why the zero-discharge systems were removed from the exemption list. She said it was because of oversight problems and how the systems would require land use controls, which are beyond the purview of the regional board.
Board members queried the staff about how peer review was undertaken for the staff’s technical memos, why Winter Canyon was deleted and talked at length about the disinfection proposal of the city for beachfront homes.
One board member asked, if the board had no authority to determine what kind of system would replace the prohibited septic tanks, why the city’s idea for disinfection of exempting advance treatment systems was being turned down.
Egoscue told board members that septic systems do not work in high-risk areas such as the chronically polluted area of Malibu. “They are not working,” she said.
The board’s executive officer said that disinfection might reduce bacterial loads but contended questions remain about other standards such as nitrogen loads in the water.
Some board members pressed on, asking why the staff was not considering some of the city’s ideas since Gold had presumably endorsed them. “Why are we not considering them?” asked a board member. “The staff has a separate opinion. Gold can answer for himself,” replied Egoscue.
Board member Madelyn Glickfeld, who lives in Malibu, said the problem as she understood it, was too often Malibuites judge the performance of septic systems on whether they back up, smell bad or have to be pumped too often, otherwise, they are considered operating in good condition. “But no one has any idea,” she said of the actual performance of the systems.
Glickfeld also defended the technical memos produced by the staff, which were excoriated by many as old science and incomplete. She led staffers through a series of questions about how the memos were subjected to peer review. Satisfied with the staff’s work, Glickfeld said she could support the staff’s proposal and the subsequent alternative staff recommendations.
Glickfeld asked if the advanced systems required by the city for new development in the last several years could somehow be exempted. She wondered if the city could allow the advanced systems and allow the discharge into some community system. She was told not the way the current prohibition was drafted. That it was not possible. No other elaboration was offered nor sought about such an assertion.
In a short time, a motion was made and the board cast the vote that may seal Malibu’s wastewater management fate.

Sheriff Baca Says Department Handled Mitrice Richardson by the Book

• 24-Year-Old Who Has Been Missing for Almost Nine Weeks Has a Nov. 16 Court Date

BY ANNE SOBLE


Sheriff Lee Baca reported to the Los Angeles County Board of Supervisors on Monday that although the Mitrice Richardson missing person’s case is in his words “unusual and unfortunate...the [sheriff’s] department’s release policy and procedures are consistent with state law, and our investigation revealed all applicable laws, policies and procedures were followed.”
Richardson mysteriously disappeared after release from the Lost Hills Sheriff’s Station on Sept. 17 and has not been heard from for close to nine weeks, despite extensive field searches and a concerted effort by her family to keep the missing 24-year-old’s story in the public eye.
Baca’s four-page report was requested by the board last month when the supervisors announced a $10,000 reward for information leading to Richardson’s whereabouts. He concludes that “the department did not identify any areas requiring modification.”
The head of the Los Angeles County Sheriff’s Department said the LASD processes approximately 180,000 prisoners each year for release and “over-detention [carries] tremendous liability, as well as risk to the public’s safety and a deprivation of civil rights.”
His report includes a cursory outline of the department’s assessment of the circumstances under which the Cal State Fullerton honors graduate was placed under citizen’s arrest by the manager of Geoffrey’s restaurant for allegedly being unable to pay an $89.51 dinner tab and possessing less than an ounce of marijuana in her vehicle, then transported by deputies to Lost Hills for booking on two misdemeanor counts related to the allegations.
As Baca describes it, after Richardson’s 92-year-old great grandmother, the matriarch on her mother’s side, was unable to drive to the restaurant to pay the bill, her mother Latice Sutton spoke to the manager and she “opted not to assist her daughter with the payment.”
Although Geoffrey’s staffers had described the young woman’s behavior as “crazy,” she reportedly passed a field sobriety test and Baca said “her interaction with the deputies was coherent and rational” and “deputies described her as cooperative and polite.”
He said Richardson signed an Arrestee Medical Screening Form stating she has no medical issues or psychological problems.
Richardson, who was garbed in a T-shirt and jeans, and whose only possessions reportedly were a hat, a belt and her California driver license, left the station through a side entrance at 12:25 a.m. with no money, cell phone, or means of transportation; and ostensibly without making her plans known to anyone. Telephone calls to the great-grandmother are listed on the booking report, but no further information about them has been made available.
Regarding the timing of Richardson’s release, Baca said, “It is the policy of the department to release misdemeanor prisoners as soon as such persons may be reasonably and safely released.”
Baca said this policy “is no different than any other time of day,” adding that the procedures emphasize “prompt and safe release once there is no justification to deprive the arrestee of their freedom.” He said “it is not practical or legal for the department to hold people until someone is available to pick them up” and “altering this procedure would subject the department to potential litigation.”
The sheriff reiterated that Richardson was offered the option of being placed in a cell and being “free to leave at any time.” Baca stressed that there was “no legal basis to hold Ms. Richardson and she was released on her written promise to appear in Malibu Court on Nov. 16. Following her release from the station’s jail area, her movements were no longer monitored.”
PARENTS’ REACTION
Richardson’s mother Latice Sutton said she is “very upset by the report” and told the Malibu Surfside News: “It is unfortunate that the LASD deemed releasing anyone from their facility knowing that they had no transportation, form of communication or money as ‘prudent, reasonable and safe,’ particularly someone who they knew was behaving in a manner that warranted an evaluation by a qualified professional. Further the amount of time and manpower that it took to generate their erroneous report takes away valuable time in the search for my daughter.”
Richardson’s father, who maintains his own website concerning his missing daughter, as does the mother, (the couple separated when their daughter was very young), posted a similar comment to the mother’s statement on that site, adding:
“This is ridiculous and my daughter is still missing and really it’s the sheriff's who were the last verified people to see her. If I follow the sheriff’s department’s own logic, it’s clear they acted inappropriately. The initial call regarding my daughter from Geoffrey’s to the sheriff’s was that she was “acting crazy.” Crazy. Crazy as in mental problems, as in you don’t release her on her own in the middle of the night without money, her cell phone, or transportation. You call her parents and or hold her overnight.”
Michael Richardson added, “Now I'm no rocket scientist, but if a woman says she’s from Mars and is here to avenge Michael Jackson's death...chances are she’s in need of some help. My question is, who did they call or who was on duty that night that had the training and background to make the assessment on whether Mitrice Richardson was stable or not?
“If the sheriff’s handling my daughter would have used a little common sense or even put themselves in our shoes as parents and thought twice before just letting Mitrice out into the middle of the night, my daughter would not be missing. But because they didn’t, she is and they refuse to accept responsibility or even act as though they played a role in her disappearance or that they even care.”
The father concludes, “We are tired [of] being lied to and misled by the sheriff's department. I believe that someone at the Malibu-Lost Hills sheriff’s department had something to do with my daughter’s disappearance and this report only confirms it for me.”
Richardson’s last statement is being echoed on dozens of blog posts related to the missing woman on websites across Southern California, as well as blogs in other parts of the country.
OIR REVIEW
Lost Hills personnel’s position that the matter has already been reviewed notwithstanding, the Los Angeles Office of Independent Review indicates that it is still looking at the Richardson matter.
Deputy Chief Attorney Benjamin Jones told The News on Monday, “The Office of Independent Review has not completed its monitoring of the department’s review of the Malibu Station personnel’s conduct in their interactions with Ms. Richardson.” This stance was subsequently reiterated by OIR Chief Attorney Michael Gennaco.
The OIR is a civilian oversight group that was created by the Los Angeles County Board of Supervisors in 2001 to “monitor the Los Angeles County Sheriff’s Department and provide legal advice to ensure that allegations of officer misconduct involving the LASD are investigated in thorough, fair, and effective ways.”
OIR consists of six attorneys with backgrounds in criminal law and civil rights issues who “work with LASD, but not for LASD.” OIR contends that it “has the freedom to arrive at its own conclusions and, if necessary, to challenge the department with regard to specific practices or incidents.”
LAPD STATUS
Repeated efforts to obtain updates from the Los Angeles Police Department detectives assigned to the Richardson case have been unsuccessful.
The LAPD is the lead agency because the missing woman resided in Los Angeles with her great-grandmother. There have no formal briefings on whether there have been any recent sightings or exactly what is now being done by the LAPD to try to locate Richardson. Family members have expressed interest in trying to take up the case with new LAPD Chief Charlie Beck.
FEDS PETITION
An online activist group whose concerns include criminal justice—change.org—has collected 2022 signatures toward its goal of 5000 signatures on a petition urging state and federal elected and appointed officials to initiate a federal investigation of the Mitrice Richardson case.
In addition to an effort to “help find Richardson,” the group wants “to ensure that this does not happen to additional persons.” The petition is at the group’s website: www.change.org
PRAYER SERVICE
Family and friends gathered last Saturday for a prayer service to “pray for the safe return of Mitrice Richardson” at the New Testament Church in Los Angeles, a church where the missing woman has worshiped in the past.

Institutional Zoning Lighting Plan Has Hearing

• Both Sessions Draw Large Crowds to City Hall

BY SUZANNE GULDIMANN


A proposal to amend the City of Malibu’s Local Coastal Program to permit athletic field lighting on institutionally zoned property generated more questions than answers at two municipal meetings this week.
The LCP currently prohibits athletic field lighting. On Nov. 9, the Malibu City Council sent the proposed draft amendment to the Zoning Ordinance Revision and Code Enforcement Subcommittee. ZORACES heard the item at its Nov. 10 meeting with some changes. Both meetings attracted a large number of public speakers.
The draft amendment states that “all requests for the temporary lighting of sports courts for educational uses shall be granted if the following conditions are met: the subject property is located in a zoning district which permits temporary lighting of sports courts and outdoor events; the subject property complies with all required standards for institutional development; and the proposed use shall comply with all city noise regulations.”
The draft recommends that “Such activity may occur between the hours of 3 p.m. and 10 p.m. Monday through Saturday. No outdoor lighting is permitted on Sunday or city-designated holidays. Outdoor lighting may be extended from 10 p.m. to 12 a.m. upon obtaining neighborhood consent (signed consent forms or signed letters) from a current resident of at least 80 percent of each occupied property within a five hundred 500-foot radius of the subject parcel where the activity is proposed. Neighborhood consent is not required for undeveloped properties.”
The draft amendment also specifies that “such activity shall be conducted for no more than 16 nights during any 12-month period. Outdoor lighting may be extended beyond 16 nights to an amount specified by the city planning commission upon obtaining neighborhood consent (signed consent forms or signed letters) from a current resident of each property immediately contiguous and from a current resident of at least 80 percent of each occupied property within a 500-foot radius of the subject parcel where the activity is proposed.”
Light standards would be permitted to a height of 60 feet. The draft states that they would be removed when not in use, and not “permanently affixed to the ground.” Visors would be required, but no levels were set for light intrusion.
The city council was supportive of the amendment, and reminded the audience that this was a first draft that would undergo changes. “This is only a stepping stone,” Mayor Sharon Barovsky said. However, emotions ran high at both meetings. Staff received 18 letters opposing the amendment and one in support prior to the council meeting.
“We thought we would be treated as neighbors,” Malibu Park resident Dawn Erickson said at the Tuesday meeting. “Dealing with the school district has been very difficult. There are problems we have tried to solve that do not get help. They have a huge amount of money and they’ve blown us off. How can we trust them?”
“It’s a misnomer that anyone against the lights is anti-kid,” Malibu Park resident Steve Scheinkman said. “People who are saying residents should use earplugs and dark blinds are doing a disservice.” His remark referred to a suggestion the previous night by city Councilmember Pamela Conley Ulich.
“Do we reward the school district for illegally using lights or do we punish the kids?” Scheinkman asked. “I’m for night lights but there needs to be enforcement.”
Malibu Park resident Hans Laetz expressed concern over the lack of equal time for Title 9 requirements. “Football isn’t the only activity at the school. Girls play sports, too, but they don’t have a chance to play at home because they don’t have lights,” Laetz said.
Laetz dismissed the environmental concerns expressed by many residents. “Owls love football games, games bring people, people bring rodents,” he said.
Collen Baum, a MHS parent and one of the primary advocates of the lighting plan, said. “I don’t have a football player. I have a daughter. [Night games were] nights of peace and calm for me, thinking about all of the awful troubles teens face, I knew she was safe, surrounded by peers, staff, teachers.”
“We don’t have a lot of field space in Malibu,” Baum continued. “We need as much bang for our buck, as many night games as possible, indoors and outdoors. Because we have a lack of space. My son’s [ASYO team] is down to two hours, one hour of practice with Daylight Savings. We need to differentiate between lights for practice and lights for games. We don’t have a middle school sports program. What if we were able to fund that?”
“I’m very involved in this,” parent and school activist Laura Rosenthal, stated. “We started in 2003 with one night. There has been a lot of compromise. The initial plan for 203 nights is down to 16 nights. I think we have to have it until 10:30 p.m. We’re not just talking about a football team. It’s a community event. Hundreds of people, thousands of people, but I think we need to be respectful of the neighbors. I’m just looking at football now.
Hap Henry, a football player and president of the Malibu High School Associated Student Body, encouraged the panel to craft a proposal that allows night games and addresses resident concerns. “Section 2 says no more than 16 nights. I want to be clear if that’s per institution or for the whole community,” Henry said. He suggested that a different lighting array with more lights on lower poles might be an option and that “home games could be bundled together, so lights would only be up one month.”
“Planning Commissioner and ZORACES member John Mazza questioned the provision in the draft amendment that stated the 16-night limit could be extended by the planning commission. “That puts the planning commission in a difficult position,” Mazza said. “That has to go. You absolutely have to have some limits.”
Mazza pointed out that the school district voted in July to be exempt from the city code.
“Absolutely not,” Santa Monica Malibu Unified School District Chief Financial Officer Jan Maez said from the audience.
“Any one who has an institutional zoning can come to the city for a Conditional Use Permit to put lights on their property,” Mazza continued. “There would be an absolute revolt on Point Dume if lights went up, or right here at the Civic Center area. We need to limit it to the high school.”
“The question is how do we prevent abuse and mission creep,” City Council member John Sibert said, adding that he supports night games. “Night games involve kids and keep them off the street, but we need a way to hold the district’s feet to the fire.” Sibert read from the resolution passed by the district in July that stated the district is exempt from city zoning. “That doesn’t give us here much confidence.”
A second meeting, possibly at the high school to accommodate children and parents. was discussed and will be noticed for public participation. The ammendment will then be heard by the Planning Commission at a public meeting. The draft amendment is available on the city website at www.ci.malibu.ca.us

Publisher’s Notebook

• Tweaking the Law •

ANNE SOBLE


Sheriff Lee Baca, for whom we have great respect, has completed his review of the sheriff’s department’s policies related to the release of arrestees from the Lost Hills Station. The need to acknowledge civil rights concerns and expedite the release of misdemeanor violators through the system are valid issues, but so is the fact that Lost Hills is not a typical urban police station with 24-hour access to public transportation and the kind of external environment in which individuals who do not know the area can readily navigate, especially when they are without money, communications, or means of transportation.
Malibu has a bad enough rep to deal with—just ask the folks who packed last week’s Regional Water Quality Control Board hearing—without now being known throughout the blogosphere as a community that treats its visitors, whatever their alleged transgressions, poorly. Issues of race, gender and sexual identity are interwoven with charges of insensitivity and elitism. It is not unfair to ask whether the community might want to see policies that could prevent anyone from disappearing, even if it’s by choice.
Earlier quotes from the sheriff’s department that it is not a babysitting service and that people who break the law have to deal with the consequences may be fair, but they don’t alter the reality that some violators are treated differently than others. What is done according to the book is legal, but is it always right? Those of us who have lost children to disease, accidents or other dire fates should not be the only ones able to put ourselves in the shoes of family members unable to understand how those supposed to “serve and protect” might have let one of their kin down. That we may not yet know the whole story in this particular missing person case doesn’t mitigate the need to address these issues in the abstract.
Much can be accomplished if all parties engage in a reasonable and civil exchange of ideas that results in a meaningful assessment of whether release policy changes are called for at sheriff’s stations in remote areas. Perhaps a waiting area other than the lobby is a better alternative to putting released arrestees in a locked cell until someone can pick them up, especially if it means they won’t head out on foot. Similarly, do cars have to be impounded for violations that are usually field citations? Asking questions like these might mean that another story like the Mitrice Richardson saga won’t have to be written.

Alleged Drunk Driver Charged in PCH Hit-and-Run Has Court Date

BY BILL KOENEKER


Robert Sanchez, 29, a Santa Monica man and City of Malibu employee accused of vehicular manslaughter and hit and run under the influence, is next scheduled to appear in court on Jan. 7.
“It is for setting a date for a preliminary hearing,” said Sandi Gibbons, a spokesperson for the Los Angeles County District Attorney’s office.
Sanchez is accused of fatally hitting Rodrigo Armas, 45, of Tehachapi on June 28 at 1:20 a.m. as Armas was bicycling on Pacific Coast Highway, according to authorities.
Sanchez is charged with one felony count of vehicular manslaughter while intoxicated. If he is convicted, he could receive up to four years in state prison. He is also charged with driving under the influence and fatal hit-and-run, according to authorities.

MLPA Task Force Votes to Make Point Dume an MPA

• Department of Fish and Game Will Have Final Say on Plan That Includes State Marine Reserve

BY SUZANNE GULDIMANN


It’s official, the Blue Ribbon Task Force of the Marine Life Protection Act Initiative South Coast Study Region has voted its support for a proposal to submit to the Department of Fish and Game, the agency overseeing the creation of Marine Protected Areas mandated by the MLPA, and a Marine Protected Area for Malibu is part of the plan.
The unanimous decision came late on Tuesday, as the Malibu Surfside News prepared to go to press, after an additional day of testimony and public comment. In the preferred alternative, which must still be approved by the DFG, the waters off of Point Dume will be designated an MPA.
In the BRTP proposal, an area stretching from Paradise Cove to Westward Beach will receive the highest level of protection as a State Marine Reserve. The proposed SMR includes a submarine canyon described by the Science Advisory Team as a rare and vitally important habitat. The SMR also covers a portion of the hotly contested reefs east of Point Dume, which are a favorite fishing area for kayak anglers and the spearfishing community.
The SMR designation prohibits all types of fishing, or extractive, activity but the BRTF clarified at the meeting that fishing boats, including kayaks, are permitted to transit a SMR with catch on board. Non-extract activities would not be restricted.
The BRTF proposal for Point Dume also includes a State Marine Conservation Area extending west of Westward Beach to Lechusa Beach. The SMCA would permit limited fishing activities.
Complete coverage and details will be available on the Malibu Surfside News blog at www.malibusurfsidenews.com and in next week’s issue of The News.

Latest Great White on Exhibit Was Released Back into the Wild

BY ANNE SOBLE


A young female white shark from the Malibu area that was put on exhibit at the Monterey Bay Aquarium in late August was returned to the wild last Wednesday.
Her release was prompted by several recent observations of aggressive behavior toward other inhabitants of the million-gallon Outer Bay exhibit.
“I’ve always said that these animals will tell us when it’s time to put them back to the ocean. Now was clearly the time,” according to Randy Hamilton, MBA’s vice president of husbandry.
Hamilton said, “[The shark’s] health is excellent, and we learned a lot while she was with us. Based on past experience, we have every expectation that she’ll do well.”
Aquarium staff released the shark in offshore waters near the southern tip of Monterey Bay shortly after sunrise.
Prior to her release, the young white was fitted with two electronic tracking tags. One will deliver real-time data on her location to researchers; the second will collect and store information documenting her travels, the depths she dives to and the water temperatures that she favors. After about six months, the second tag will pop free and deliver its data to scientists via satellite.
During her 69 days on exhibit, the recent great white shark grew from a length of 5-foot-3-inches and just under 80 pounds to a length at release of 5-feet-5 inches and a weight of 100 pounds.
During her stay, she fed exclusively on mackerel, which is unusual, as sharks usually graduate to a varied menu. After a few days of not eating, she generally ate up to three percent of her body weight each day.
The change in behavior that led to her release started on Oct. 31, when she received a superficial bite wound from an unknown animal. On Nov. 1, she was observed chasing scalloped hammerhead sharks in the exhibit, and bit and injured a Galapagos shark, according to Hamilton.
“When we saw a new pattern of aggressive behavior, we decided it was best to release her,” he said.
Because of planned renovations of the Outer Bay exhibit that are expected to start in late August 2010, there will be no attempts to bring another young great white shark to Monterey until summer 2011 at the earliest.
The other components of the catch-and-release juvenile white shark tagging program will continue throughout the construction when the Malibu holding tank is set in place.
Real-time tag data and published research based on all the sharks tagged, including the animals not placed on exhibit, can be found on the Tagging of Pacific Predators website, www.topp.org

Wednesday, November 04, 2009

City of Malibu Proposes Eleventh Hour Alternate Wastewater Treatment Plan

• Would Cost $400-$500 a Month—Same as Revised Lower Cost Estimates for RWQCB Zone Proposal

BY ANNE SOBLE


In an effort to forestall imposition of a Regional Water Quality Control Board prohibition on future septic tank use and stringent curbs on existing systems at its hearing this week, the City of Malibu has come up with a last-minute alternative that it hopes will counter the arguments of surfing and environmental organizations and buy the municipality a reprieve, if not time.
The city proposal plan is described as a more decentralized approach that wold be less costly to construct, but would cost the same for upkeep and have comparable monthly costs for property owners as the larger RWQCB proposal.
However, the city construction proposal, which could cost half of the price of the larger project, would only cover one-fourth of the residences and little more than half of the business parcels that the larger project would encompass. See tables below for city’s own comparative numbers.
Still unanswered is how the other parcels deemed in need of improved wastewater management by the water quality panel might be included, as well as year-round aspects of treated effluent disposition.
The city initiated a public relations blitz for the plan on Tuesday in the hope that the publicity would balance the attention being generated by Surfrider Foundation, Heal the Bay and other organizations actively lobbying the regional board to implement the staff push for the ban and curbs.
Announcing the package, Mayor Andy Stern said, “The City of Malibu is committed to working collaboratively with the regional board, local property owners and all stakeholders to find an achievable and effective solution. A more targeted wastewater treatment facility will accomplish the goals we all share of protecting public health and improving ocean water quality while also ensuring prudent use of taxpayer funds.”
The RWQCB calls for a consolidated project—a single wastewater treatment facility capable of treating 600,000 gallons per day. The city contends that the available percolation area may not be sufficient to disperse the large quantity of treated wastewater that plan requires.
The city’s alternative plan proposes a smaller wastewater treatment facility that would handle up to 240,000 gallons per day and be constructed in phases: Phase 1 for the commercial properties in the Civic Center area; and Phase 2 for the residential areas in Serra Retreat. The plan also calls for disinfection systems at three key beach zones.
In Phase I, a wastewater treatment system (capable of treating 190,000 gallons per day) would be constructed “for the central core of the Civic Center area where the commercial properties and the highest potential users of a new wastewater treatment system are located. These properties also are in close proximity to Malibu Creek.”
In Phase II, the system would be expanded (adding 50,000 gallons per day) to take in “Serra Retreat, where residential properties have a potential to impact water quality in Malibu Creek.”
Malibu Colony homes and two commercial zones along the east side of Malibu Creek and adjacent to Pacific Coast Highway would be required by city ordinance to “install disinfection treatment to their existing septic systems.” The city currently requires property owners adding new sinks, toilets, showers, etc. to add disinfection. City data states approximately 10 to 20 percent of Malibu Colony homes already have advanced treatment systems that include disinfection.
Under the city’s proposed implementation schedule, Phase I of the alternate plan would be completed and operating by April 2015 and Phase II would be operating by 2018. All disinfection systems would have to be installed and operating by 2018.
Stern said, “The city’s proposal will effectively address water quality concerns, and it includes a reasonable implementation schedule that will meet the goals set by the regional board and the city, We believe this framework establishes an achievable solution and we look forward to presenting our plan to the regional board and stakeholders on Nov. 5.”
In the course of developing its alternate proposal, the city announcement stated it “also continued to refine and update its conceptual cost estimates of the larger wastewater treatment system proposed by the regional board, as well as the city’s new plan. By separating out the costs for commercial properties, the city was able to estimate the cost per residential property owner more accurately and found it would be less than previously estimated,: in fact, it is the same as the city’s proposal.”
CITY DATA
Regional Board
Prohibition Zone

425 residential parcels; 45 business parcels: Construction, $52 million; Business Monthly Cost, $6800–$17,000 (based on 10,000 - 25,000 gpd user); Resident Monthly Cost, $400 – $500.

City of Malibu
Alternate Plan

110 residential parcels; 25 business parcels: Construction, $30.8 million; Business Monthly Cost, $6,800 – $17,000 (based on 10,000 - 25,000 gpd user); Resident Monthly Cost. $400 – $500.
City staff stresses that all estimates are preliminary and likely to “vary as more information becomes available.” The city adds “cost estimates do not include the cost of acquiring land for the wastewater treatment facility or its dispersal fields, a price tag that is likely to further increase the overall cost of the system.” The estimates were prepared by the RMC Water and Environment engineering firm.
The city bases its argument on the premise that “emerging data and scientific studies are strongly supporting the long-held belief that cleaning up stormwater and urban runoff should be the highest priority for improving water quality and protecting public health—rather than banning existing septic systems.” However, this will be countered by vocal; and likely large numbers of proponents of the board proposal at this week’s hearing.
While the city states. “Five new studies on ocean water quality and bacteria levels are expected to be completed in the next six to nine months [and] these studies will provide significant findings to help guide the city and regional board and ensure their actions will improve water quality and protect the public’s health,” these groups have mounted a powerful “Clean Water at the Bu” campaign that flooded Malibu mailboxes this week and will resonate at the Thursday hearing.

Showdown Is Expected between Ocean Enviros and Fishing Interests as Marine Life Protection Task Force Reconvenes

• Decision on Point Dume Is Among Most Contentious

BY SUZANNE GULDIMANN


In what is anticipated to be a showdown between conservation and fishing interests, the Blue Ribbon Task Force for the Marine Life Protection Act Initiative South Coast Study Region will reconvene on Nov. 10 in Los Angeles to complete the final round of the stakeholder process. Point Dume remains at the center of the maelstrom of debate.
The BRTF was scheduled to make its final decisions in October, but the five-member panel postponed the vote after a three-day marathon of testimony from members of the official stakeholder groups, conservationists, fishing interests and the Science Advisory Team.
The meeting became a verbal tug of war between environmentalists and fishing proponents over Point Dume and Palos Verdes, the opposite ends of the Santa Monica Bay. More than 40 Malibu residents made the pilgrimage to support the creation of Marine Protected Area at Point Dume. Members of the local kayak and spearfishing community were also present, to oppose plans to put Point Dume off limits for fishing.
During the South Coast Study Region process, stakeholder groups, working with the official Science Advisory Team developed a series of proposals, or arrays. Each of the three rounds refined and consolidated the proposals until only three were left. The BRTF is charged with selecting the preferred alternative that will be submitted to the Department of Fish and Game, the agency that oversees the MPLAI.
The BRTF passed a resolution at the October meeting to send all three stakeholder work group proposals to the DFG, but they also began the process of constructing a new proposal, cobbled together using elements of Proposal 1, viewed as a compromise between conservation and utilization proponents, and Proposal 2, favored by the fishing community.
The move has been viewed as a victory for fishing interests. Commercial and recreational fishing proponents have lobbied heavily against Proposal 3, the proposal that offers the highest level of protection and most effectively meets the science guidelines, but would also would place a higher number of popular destinations off limits for fishing.
At the October meeting, the BRTF appeared to be leaning toward applying Proposal 2 to Palos Verdes, and Proposal 1 to Point Dume, but with changes. Proposal 1 incorporates a State Marine Reserve, the highest level of protection, from east of the Paradise Cove Pier to Point Dume, and a State Marine Conservation Area, which limits fishing to certain species, from Westward Beach to Lechusa.
At the October meeting, Task force member Meg Caldwell proposed moving the boundary of the proposed Point Dume SMR west of the Paradise Cove pier, leaving a hotly contested submarine canyon and Big Kelp Reef open to fishing, and pushing the western boundary of the SMCA slightly further west to capture a larger area of persistent kelp.
Proposal 1 stakeholder group member Sarah Sikich was concerned by the suggestion. Sikich, a Malibuite, told the Malibu Surfside News in an interview after the meeting that in her view, the modified plan will not meet the science guidelines. “Proposal 1 was already a compromise,” Sikich said. “Without protection for the canyon, the SMR will not be effective.”
“[When we developed the proposal] we made sure that we left Escondido [a popular kayak launch site] open. Kayakers still have access to the BKR but critical habitat [in the submarine canyon] would have at least some protection,” Sikich said. “Without that, it isn’t going to work.”
On Oct. 9, the SAT will meet via teleconference to review the BRTF’s options. The meeting can be viewed live online. On Nov. 10, the BRTF will meet at 9:30 a.m. at the Sheraton Gateway Hotel, 6101 West Century Blvd., LA. Public participation is encouraged. More information on both meetings, including links to the live video feed, is available at www.dfg.ca.gov/mlpa

Council Member Issues Call for A-Listers to Help Record City Production

• Colleagues Give 10 Days to Set Up


Councilmember Pamela Conley Ulich looked into the camera at last week’s quarterly council meeting and asked, “Barbra, are you listening,” which prompted Mayor Pro Tem Sharon Barovsky to say to no one in particular, “I doubt she’s on Channel 3.”
Undaunted, Conley Ulich said perhaps Barbra Streisand, Bob Dylan and other local musical icons would be willing to step forward and show their commitment to the environment by participating in a kind of “We Are the People” of Malibu recording project the day after Thanksgiving, Nov. 27, to try to “make a million dollars” for Legacy Park.
An unenthused Barovsky said setting up the recording studio at the new city hall would cost a minimum of $10,000, and the council shouldn’t authorize the expenditure “without better planning and knowing whether anyone will even show up.”
In a post meeting announcement, Conley Ulich broadened the objective of the recording session to helping the ocean. She said, “The ‘plastic garbage patch’ in the Pacific Ocean has grown to about double size of Texas according to scientists last month.” She wants to get the word to “local musical A-listers” that “with [their] help, the City of Malibu can raise awareness and funds to combat ocean pollution. We have banned plastic bags, cigarettes on the beach, supported getting a Marine Protected Area, and begun building Legacy Park in Malibu, but we need to engage the world in our crusade to combat ocean pollution.”
The council member said, “The City of Malibu recently purchased the Malibu Performing Arts center where talent such as Tom Petty and Sting have performed and recorded, [and I have] 10 days to try to get a commitment from Malibu’s most talented musicians to come together the day after Thanksgiving to record a song in our new City Hall, which will be heard around the world.”
She told the local entertainment community at large, “You are blessed with talent. You have and can use that gift to draw attention to this issue and raise funds to continue our clean water efforts. I know you are busy; I know your plates are [full]; I know you have other commitments; [All we ask is] 10 minutes you could carve away from your time.”

Other Cities Veer Toward Cat Declawing Bans While Malibu Appears Poised Not to Do So

Santa Monica, San Francisco, Beverly Hills, Los Angeles and other municipalities all appear headed toward approving a ban on cat declawing, described by its critics as forced amputation that results in ongoing pain, but Malibu appears to have bowed to veterinary pressures and council members declawing of their own pets and will not be one of them when it revisits the matter on Nov. 9.
The issue is of immediate interest because successful industry lobbying has resulted in a state law that will prevent cities and counties from passing ordinances banning such procedures, much as local governments were precluded from regulating rehab facilities.
Supporters of the bans took their case this week to L. A. City Council hearings where Councilmembers Bill Rosendahl and Paul Koretz spearheaded the argument that declawing means “unnecessary pain, anguish and permanent disability” for cats.
“Anyone who cannot handle the claws of a cat should not have a cat to begin with,” said Rosendahl, a cat owner. Other testimony said people who don’t understand feline anatomy and psychology would “be better off with a stuffed toy.”
Declawing critics maintain that “part of felinity is the stretching and extension of claws [and they think that] declawed animals have not just been crippled, they lose their identity.”
The city of West Hollywood already has a ban on declawing.

Malibu Presbyterian ‘Returns Home’ with Bonds Made Stronger after Trial by Fire

• Church Community Celebrates Services on Nov. 8


Members of the Malibu Presbyterian Church say they always celebrated the specialness of their communal bonds, but they could never have envisioned understanding the precept that “a church is not a building” as clearly as they would when their church was reduced to rubble and ashes after the Malibu Canyon wildfire in 2007.
Without an edifice, church members looked to one another for a sense of identity not only as a church community but in the Malibu community at large and learned that “being a church without a home” can be as strong if not stronger as any church can be.
This Sunday, Malibu Presbyterian Church returns home, rising from the ashes in an action that is celebrated by all who acknowledge the role of faith in their lives. The first services will be held at 9:30 a.m. and 11:11.a.m.
While the church prepares to return to the white tent on the hill, it announced that “it will celebrate 60 years of service and life with new-found insight into what it means to be a people of God. As anyone who has been touched by adversity knows, the church is not the same as it was two years ago.”
“We all experience pain, hardship and loss in this life,” says Senior Pastor Greg Hughes. “But in every trial there is an opportunity, a blessing to seize. Just as fire refines gold and strengthens metal, so too has our church family been enriched by the loss of our buildings. Athletes are heard to say, ‘No pain, no gain.’ I’d like to say it a little differently for Malibu Pres, ‘Burned down, but fired up!’”
Hughes adds, “We could have fractured under the strain and stress of our loss, but it brought our congregation together with greater purpose and resolve. Our love for one another has increased and our commitment has grown to leave a lasting legacy, as the Christmas carol goes, of ‘peace on earth and good will towards men.’ We are a resurrection people, like Christ, we can’t stay down.”
Hughes says that rather than focusing on its own loss, the church focused on the needs of others. Three weeks after losing their own building, members built homes in Baja, Mexico for impoverished families. Two months after the fire, members of Malibu Pres came alongside devastated home-owners in the second 2007 fire in Latigo and Corral Canyons, praying with them as they measured the extent of their own loss to fire.
The church, Hughes says, not only embraced the community, but the community embraced the church.
“For the last two years, Malibu Presbyterian became more integrated into the community. They held weekly services at Webster Elementary, fathers danced with their daughters at the annual Father-Daughter Valentine Dance at the Malibu Inn and Bible studies met in private homes. The Malibu Pres Preschool was graciously offered a home at the Malibu Jewish Center for eight months until a temporary preschool was built.”
“Now that we are ‘going home,’ the real challenge begins,” member Michael Guillen said. “We must not become comfortable and grow apathetic; not allow materialism to pass for meaning; but instead, we must always remember that the focus of the Gospel is on people, not on bricks and mortar.”
Pastor Hughes adds, “We have a new base camp. And we pray it will not only glorify God but will continue to serve our families and our wonderful community. It’s only a means to an end. We are a blessed people. We are a thankful people. And we couldn’t be more excited.”

MALIBU PRESBYTERIAN SERVICE INFORMATION
Weekly Services:
9:30 a.m. & 11:11 a.m.
University Ministry Service:
8:30 p.m. Tuesdays
3324 Malibu Canyon Road
Other activities and information can be found at www.malibupres.org.

City Council Moves to End Ban on Institutional Night Lights

• Law May Not Be Able to Be Written So Narrowly that It Precludes Illumination in Other Settings

BY SUZANNE GULDIMANN


The Malibu City Council will consider passing a resolution of intent to investigate zoning text Local Coastal Program amendments to remove a prohibition on athletic field lighting in areas zoned institutional at its meeting on Nov. 9.
According to a staff report, “On Oct. 12, 2009, the City Council directed staff to begin preparation of a ZTA and LCPA to incorporate new development standards for the institutional zoning district and update existing permitted and conditionally permitted uses within that zone.”
Last month, a Santa Monica-Malibu Unified School District request for an LCP amendment to permit limited use of temporary lights at Malibu High School for football season was unanimously rejected by the California Coastal Commission.
The temporary lighting plan presented to the commission last month included a maximum of 16 nights—eight football practices and eight games. The original MHS field lighting plan, unveiled by the district in 2008 as part of the campus’s Measure BB funded improvements, included artificial turf and permanent athletic field lighting that could potentially be in use 200+ nights a year. The plan instantly generated an outpouring of opposition.
Rather than appeal the commission’s decision, the Santa Monica Malibu Unified School District is instead opting to work with the City of Malibu to attempt to amend the city’s LCP. The board of education voted last month to remove the permanent lighting plan from the Measure BB plan, but only “at this time.”
“Continuing to move ahead with football lighting as part of BB would not be cost effective for the program at this time because of the LCP,” Chief financial officer Jan Maez stated after the board’s decision, adding that “it gives us the hope that in the future when the CDP is amended, the school community could come back and reconsider some kind of lighting of the field, whether it’s temporary for 16 nights, or for other athletic purposes or even in the larger community.”
The deadline to file for Coastal Commission reconsideration is Nov. 6. However, district staff has reportedly decided that an appeal to the coastal agency is unlikely to succeed, and that the process could cost in excess of $50,000, in addition to the more than $100,000 in general funds already spent on biology reports and lobbying services for the original amendment application. The district is currently facing a $12-15 million deficit.
Critics of the lighting plan are calling the district’s decision to rely on the city ironic, because the board of education voted unanimously on July 1 to pass a special resolution that declared the school was not subject to Malibu’s zoning ordinances. The district used the resolution to bypass city authority and go directly to the California Coastal Commission with its request for an LCP amendment.
According to the staff report, existing city code for industrial zoning—which includes religious institutions, private and public educational institutions, and outdoor activities and facilities such as sporting events and farmers markets—provides “general institutional requirements for setbacks, height and floor area ratio. [However], “all remaining components default to the residential development standards, including grading, impermeable coverage, fencing and accessory structures/ uses.”
The staff report also states that the “current set of permitted and conditionally permitted uses within the institutional zone are limited and inadequately regulate the scope of existing and potential uses within this zoning district.
“By incorporating new development standards and updating the list of permitted and conditionally permitted uses within the Institutional zone,” staff anticipates “an improvement in the planning review process, better regulation governing complex institutional projects and transparent guidelines for applicants to follow during project design.”
While the amendments to zoning and the LCP would technically permit the lights, the city and the district would still have to overcome several additional hurdles. The proposed temporary lights would exceed existing building code restrictions for height, brightness and environmental impact.
The Coastal Commission blasted both the district and its own staff for inadequate and inaccurate environmental review and for underestimating the potential negative impact of light pollution in an area of Malibu that is still largely rural and surrounded by public lands and beaches. Coastal Commissioner and Malibu resident Sara Wan stated when the lighting request was denied that removing the prohibition in the LCP would be “opening a can of worms.”
Athletic program supporters say that, if the LCP and zoning amendments are successful, it could open the door for field lighting not only at the high school campus but also potentially at the district’s Point Dume and Webster campuses, and other institutional-zoned areas, enabling development of playing fields and other nighttime facilities in the community.
If the city council votes to approve the resolution, staff will prepare the draft amendments for consideration. The amendments will then be presented to the Zoning Ordinance Revisions and Code Enforcement Subcommittee for review and recommendation, and from there they would go to a public hearing at the planning commission. If the planning commission approves the amendments, they will be submitted to the California Coastal Commission for processing.

Mitrice Richardson’s Family Continues to Ask for Videotapes that Lost Hills Sheriff’s Station Captain Says Do Not Exist

• City Approves $15,000 Reward for Arrest and Conviction of Those Responsible for 24-Year-Old’s Disappearance

BY ANNE SOBLE


Tensions are rapidly mounting in what has become volleys of charges and accusations by family and friends of Mitrice Richardson, the 24-year-old woman who disappeared after being released without money, cell phone or means of transportation from the Lost Hills Sheriff’s Station at 12.25 a.m. on Sept. 17.
Richardson was placed under citizen’s arrest by the manager of Geoffrey’s restaurant after not paying an $89.51 dinner tab. When Lost Hills deputies arrived to transport her to the station for booking, they asked if they could search her car and found less than an ounce of marijuana.
She was then booked at Lost Hills on the misdemeanor counts of defrauding an innkeeper and “possession” and was released on her own recognizance. Because staff at the restaurant described Richardson’s actions as “crazy,” the family says the deputies were remiss in not ordering that she be placed on a “5150,” or medical hold, and taken to a hospital for psychological evaluation.
The intensity of family criticism has crescendoed in recent weeks with the woman’s father, Michael Richardson, blasting the sheriff’s department; the Los Angeles Police Department, the lead investigative agency; the City of Malibu; and Malibu elected officials, with a laundry list of alleged shortcomings.
This criticism, even when made to non-mainstream media, becomes instant online fodder and reverberates around the Web. Some other family members are concerned that the attacks could impede rather than help the investigation.
Simultaneously, scenarios running the gamut from “Richardson never left the sheriff’s station at all (or alive)” to the theory that her “disappearance is a carefully crafted hoax that was planned weeks in advance” whirl indiscriminately in a cacophony bordering on the frenetic. The only universal thread in the rumor mill is disbelief that someone could disappear completely.
All wings of the family of the Cal State Fullerton honors grad who planned on completing a doctorate in psychology are vocal in their determination to keep the public spotlight on the missing woman.
Gatherings in South Los Angeles and Malibu on Sunday included family members, friends and total strangers who say they have been touched by the media coverage.
In Malibu, Richardson’s mother Latice Sutton, her aunt Lauren Sutton and her college mentor clinical psychologist Ronda Hampton reiterated the family’s ongoing call for the Federal Bureau of Investigation to get involved in the case.
Latice Sutton asked why when a white student disappeared in Virginia last week under comparable circumstances, the FBI was called right in. As the lead agency in the investigation, it is up to the Los Angeles Police Department to issue a request for FBI involvement. According to Detective Chuck Knolls, who is heading up the LAPD efforts, the FBI has not been asked to become involved because “there is no evidence of criminality.”
Richardson’s mother replies that “if a young woman who may be in a troubled mental state and has been missing for seven weeks is not criminality, it’s difficult to understand what is.”
VIDEOTAPES
Latice Sutton reiterated the allegation being made extensively in print and broadcast media that the sheriff’s department is withholding videotapes they have of Mitrice Richardson from the family.
But Capt. Tom Martin, the commander at Lost Hills, told the Malibu Surfside News this week:
“First, I can’t imagine how videotapes from the station, if they existed, would help find the missing person. The family asked for perimeter videotapes of the station that would show Mitrice leaving after being released from jail. We have no such tapes. We have cameras mounted at strategic points around the station which feed to monitors at the desk; however, they are live feed and don’t videotape.”
Martin is aware that Lost Hills is being slammed repeatedly by family members, especially Richardson’s father, and this is being picked up on blogs, talk radio and, increasingly, mainstream media.
The Lost Hills commander said, “We have reviewed our policy and procedures to ensure that we followed them appropriately in the release of Mitrice Richardson. The Office of Independent Review (OIR) has reviewed the arrest and release of Mitrice Richardson to ensure we followed policy.”
Martin added that “sheriff’s department executives have reviewed the case to ensure we followed appropriate procedures. The Board of Supervisors will be reviewing the release of Mitrice Richardson to ensure we acted appropriately.”
That review was requested by the Los Angeles County Board of Supervisors last month, when it posted a $10,000 reward for “information leading to [Mitrice Richardson’s] whereabouts”—broader wording than allowed under City of Malibu law related to rewards.
Capt. Martin added, “My focus is and has always been finding Mitrice Richardson and bringing her home safely, in addition to ensuring that my personnel completed their jobs appropriately,” and he voiced criticism of news coverage that he said appeared to “smear” the sheriff’s department.
FEDERAL INVESTIGATION
But the drumbeat of criticism is not expected to let up. An online activist group whose concerns include criminal justice—change.org—has posted a petition urging California officials, including the governor, the state attorney general, a cross-section of legislators, as well as the U.S. attorney general and dozens of other officials to initiate a federal investigation of the Richardson case.
At press time, there were 1602 signatures toward a goal of 5000 to urge the Feds to “help find Richardson” and “to ensure that this does not happen to additional persons.” The petition is at the group’s website: www.change.org
GLBT OUTREACH
Yet another push of family members and friends includes increased outreach to the gay, lesbian, bisexual and transgender community in Los Angeles.
Richardson is openly gay and concern has been voiced that this, in addition to race and gender, are possible components in her alleged negligent treatment and the tenor of the law enforcement investigation.
Richardson’s partner of two years, Tessa Moon, also a CSF graduate, is now embarked on a major media blitz, issuing appeals for assistance in helping to find the missing woman.
Information about Richardson can be directed to www.findmitrice.info or to: Michael Richardson at 310-283-4717, Dr. Ronda Hampton at 951-660-8031, or LAPD Detective Chuck Knolls at 213-485-2531.

Mayoralty Rotates at Next Council Meeting

The Malibu City Council will hold its next scheduled public meeting on Monday, Nov. 9 at 6:30 p.m. at city hall.
The first orders of business will include a proclamation declaring November, 2009 as National Family Caregivers Month in the City of Malibu, the naming of certificate recipients of the Clean Bay Restaurant Program and a presentation of a Certificate of Recognition to Jim Palmer of Malibu Vineyards.
Also on the agenda will be the “changing of the guards” on Malibu City council: Sharon Barovsky will become the city’s new mayor and Jefferson Wagner will become mayor pro tem. Because Malibu does not elect a mayor separately, the city’s mayorship is rotated by an electoral formula devised by the city council several years ago so that each member of the council serves as mayor.
There will also be several resolutions on the agenda, including one opposing the declawing of cats in the City of Malibu, a resolution of intent to initiate a zoning text amendment regarding institutional zoning district development standards, permitted and conditionally permitted uses, one supporting the West Basin Municipal Water District’s Water Reliability 2020 Program, and an adoption of the resolution supporting the Los Angeles County single-use bag reduction and recycling program.
The council will also hear an appeal of the planning commission’s denial of a conditional use permit and variance for the operation of a medical marijuana dispensary at 21355 Pacific Coast Highway, as well as an ordinance creating landscape water conservation standards.