Council Candidate Statements Reflect Diverse Views

• Ballot Order Has Been Determined by State’s Random Alphabetical Formula

BY BILL KOENEKER

The Malibu City Clerk last week issued copies of the city council candidates’ official statements and the order their names will appear on the April 13 ballot. There are two council seats up for grabs in what is expected to be a spirited campaign.
Ballot order is determined by the California Secretary of State’s random alphabetical drawing.
The names will appear as follows: Ed Gillespie, Harold Greene, Steve Scheinkman, Michael Sidley, Jan Swift, Matthew Katz, Kofi, Lou La Monte, Laura Rosenthal and John Mazza.
Voters have their first chance to familiarize themselves with the 10 city council hopefuls now that the candidates’ official statements are available.
One of the lesser known candidates arguably might be considered Kofi, who goes by the one name. Kofi lists his profession as a record producer and states that his emphasis is on the environment, improving education and promoting Malibu’s small business community. He contends that for years everyone has expressed concerns regarding the issues facing the city, “but no one in City Hall seems to be listening. I intend to bridge the gap.”
Kofi, who lives on Point Dume, pointed out several specific issues. He proposes to create an atmosphere where individuals respect and listen to each other “as opposed to a city council that assumes that every activist may be wrong.”
He said that public education should be improved. “I know many parents that send their kids to high schools outside of Malibu to receive a better education—this is unacceptable,” he added.
Kofi also noted that public safety, public health and improved disaster response are on the top of his agenda. He promised if elected, “We will create a process for fire victims to rebuild and a system to walk victims through.”
While not a household name in local politics, Matthew Katz, who moved to Malibu in 1955 and has been a permanent resident since 1979, expressed some strong opinions that he says are shared by many other Malibu residents.
In his candidate statement, Katz asserts that Legacy Park should be abandoned. “Put the dirt back,” he added. He said most folks he talks to don’t really want parks. “We don’t need parks,” he added.
He noted it is time to stop development and reduce the pollution. Katz produced a laundry list of issues that need to be addressed: Traffic conditions, sea erosion, school traffic and lighting, new ways to bring in revenue. “We need creative ideas, not Rodeo Drive,” the Malibu Park resident added.
Education and city activist Laura Rosenthal, who may be known to a larger segment of the Malibu community, indicated she is running for a city council because “I believe that what I’ve learned as a volunteer in a wide variety of civic activities through the years is the best experience imaginable for a council member.”
Rosenthal describes herself as a “big picture thinker, who will bring trust, integrity and respect to our council. I am committed to an independent Malibu where citizens and government work together.”
During her 15 years of civic duty, Rosenthal has served on the city’s Public Works Commission, Parks and Recreation Commission, Malibu Economic Advisory Committee, the PTA, Shark Fund, Malibu Little League, BB Facilities Bond Committee Malibu, and Malibu High Site Governance. “I am known for getting the job done,” she noted.
Rosenthal said she supports responsible planning that balances the needs of the resident and community needs. She said she supports a resident-serving city. “I will continue to promote amenities and approaches that serve everyone, including a modern senior center, adult sports leagues and teen activities,” she added.
Rosenthal indicated Malibu must take the lead on environmental and land use issues and “not wait for outside agencies to dictate to us.”
On school issues: “I will fight to get Malibu its fair share of district bond money to upgrade our schools. I am the only candidate with experience working with our school district,” she noted.
Rosenthal, who lives in Malibu Park, also said she has lobbied for fiscal transparency and a common sense approach to spending tax dollars and, as a public works commissioner, has studied water dispersal, fire safety, environmental cleanup and road repair.
Businessman John Mazza, who serves on the planning commission, indicated that he and his family have lived in Malibu for years not just because it is a coastal paradise. “Malibu is simply much more to me than simply the beauty of its beaches and trails, it is the community that comes together again and again whether to defend itself against the threats of fire and flood or to determine for itself thoughtful future growth following its General Plan,” he noted.
The Point Dume resident explained that he has attended almost every city council and planning commission meeting over the past several years. “For this reason, I have persistently taken leadership roles on issues ranging from sports fields to fire safety, and for this reason that I hope to represent you on the Malibu City Council now.” he wrote.
Mazza, who has run unsuccessfully for a council seat twice before, has been the past president of several civic organizations and now also serves as a director of the Malibu Arts Foundation and as a member of the Malibu Library Task Force.
“I know Malibu residents care deeply about the environment and they want Malibu to do the right thing to clean and protect the beaches and ocean where our friends, neighbors and children play. This must be accomplished in an economically sound manner,” he said.
Ed Gillespie is a yacht broker, who currently serves as the chair of the planning commission. He is a past president of the Malibu Chamber of Commerce and served on the Legacy Park Task Force. He ran for city council unsuccessfully in the 2004 election.
Gillespie said he promises to represent only the voter, the citizens of Malibu, and not any special interest group or political faction.
He also promised, if elected, to “fight to make Pacific Coast Highway safer, through a review of current regulations and enforcements. Initiate programs to make Malibu more “fire safe” and prevent overnight camping in Malibu. Assure the City of Malibu makes fiscally responsible decisions with the maximum amount of input from its citizens. Assure that all options are explored to clean up the bay and resolve the state’s prohibition. Fight to maintain the rural charm of our precious Malibu.”
Harold Greene, who is an attorney, emphasizes he is dedicated to following the words of the founding fathers and mothers of the City of Malibu that are contained in the city’s vision and mission statement. “I am bound by those words and pledge to honor them,” he said.
Greene utilized the rest of his candidate’s statement to list his community involvement, including chair of the city’s Native American Cultural Resources Committee. “I helped create and sustain the Chumash Day Powwow. I also guided the redrafting of the cultural resources portion of the zoning ordinance, as well as the drafting and lobbying of the cultural resources portion of our Local Coastal Plan. I continue to be vocal in my opposition to the policies of the Coastal Commission that impact our freedom and safety,” he added.
Greene also served as the president of the Zuma Mesa Property Owners Association and previously on the board of the Point Dume Club Residents Association. The council hopeful was appointed to the View Protection Task Force and was elected its vice-chair.
Jan Swift calls himself a “local boy” raised on Malibu beaches, who has not always been active in the community. “You see, I fell to a low in my life resulting from my own bad behavior. Specifically, I went to prison for a time as a result of mistakes that I made while using alcohol and drugs. I’m not proud of this transgression, rather I am humbled by it. It was one of the best and worst things to ever happen to me. My time behind bars was a time for learning and growth. I learned the true value of time, and that life goes on without you unless you stand up and move with it. Most of all, I realized that the things you want most in life, are those for which you must stand up and fight,” he said.
Swift, who lives on Pacific Coast Highway, in west Malibu, noted that given his new stance, he wants to stand up and fight to keep Malibu pristine. “I want to cultivate the feeling of community. I want to work to keep it safe, maintain its charm and promote its small business growth,” he added. “I have the desire, the drive, the determination and the energy to work for this town. Malibu has given me great gifts over the years, and I’d be honored to have the opportunity to give back.”
Relative newcomer Steve Scheinkman contends that Malibu is at a crossroads, “striving to balance evolving needs of residents while keeping its promise to protect and preserve the natural resources and rural characteristics we all cherish.”
He asserts that the next four years will present challenges to provide solutions to keep the water clean, protect homes from fire, find ways to provide additional recreational and educational opportunities for the children and implement infrastructure improvements to ensure the health safety and welfare of a growing population while protecting the environment. “Our challenges are further exacerbated by the willingness of outside government agencies to impose their will on our community, impinging on our right to self determination,” the Malibu Park resident added.
Scheinkman made several promises to the voters, including expanding educational and recreational opportunities for Malibu children, preserving Malibu’s natural resources and rural character, helping Malibu make sound financial decisions, listening to the voters as a friend and neighbor, and fostering an open exchange of ideas, while promoting respect and rejecting self-interest.
Lou La Monte indicated he wants to be a bridge between the many different factions in Malibu that care about the city. “I’ll work to bring these interests together for a strong, safe Malibu. After all, that is why we became a city in the first place,” he said.
The Big Rock resident, who for years served as the president of his HOA, moved on to city involvement in 2008 when he was appointed to the Public Works Commission partly because of his extensive work with the Big Rock Assessment district. That same year, he was also tapped to serve on the View Protection Task Force. “I fought for a fair ordinance that ensured view protection as well as privacy rights, as outlined in the Malibu General Plan,” he said.
Another fight La Monte said he will wage is against the proliferation of luxury drug rehab centers throughout Malibu. “I am running for city council not only because I feel I am qualified, but also because I would like to serve the community that has given me and my family so much,” he concluded.
Serra Retreat resident Michael Sidley grew up in Malibu, attended Malibu public schools and after college became a lawyer.
He pointed out that he is committed to a viable view protection ordinance. “This is the only way ensure that the beauty, which brought people to this wonderful community, is protected for all citizens,” he explained.
Other issues Sidley stresses include improvements for the public school system, protection of the environment, and a commitment to finding a funding solution for the septic ban mandated by the Regional Water Quality Control Board. Sidley noted that he is also concerned about what he calls “financial giveaways that have plagued this city.”
“I am the candidate who brings both a historical perspective and the skill necessary to lead us through these difficult times. Please support quality leadership and a positive vote for change,” he said.

Council Turns Down HOA Appeal of Trancas Market

BY BILL KOENEKER

By unanimous vote, the Malibu City Council this week denied an appeal by the Malibu West Homeowners Association for denial of the planning commission approval of the proposed expansion of Trancas Country Market.
The planning commission had approved the plans, including a 25,728-square-foot addition to the existing commercial shopping center, permits for two new restaurants, and a new parking lot across the street for employees.
The planning panel appeared to have been won over when the developer eliminated plans for an 11,000-square-foot shopping center on a vacant parcel at the last minute.
The appellants insisted they were not opposed to the project, but thought it needed more study. They asked that the council, if members did not require an Environmental Impact Report, condition the project on a number of issues involving emergency easements, noise and traffic.
“Our own consultant recommended an EIR is required,” said HOA board member Mark Wetton. “If the city does not require an EIR, then it should require mitigation of sound and safety issues.”
The council complied with one of the conditions—emergency evacuation sought by the HOA and added two of its own conditions: a 24-hour security guard and creating a location to store disaster emergency supplies.
Councilmember Jefferson Wagner said his approval could only be obtained if the council required emergency access. The HOA sought two easements to avoid the chokepoint they said that would exist during a disaster at Trancas Canyon Road and Pacific Coast Highway.
The council rejected a proposed easement for an escape route on the east side of the development agreeing when the city attorney said that the location of such an emergency road would be problematic given that it is in the middle of an Environmentally Sensitive Habitat Area.
The council accepted the notion that an emergency escape route along the property line of the western parcel would offer an acceptable alternative.
The project applicant Dan Bercu said he would need to get the approval of the lender, and his attorney sought a way in which the project could be approved this week and the proof of the applicant’s compliance could be provided later.
Some f the other conditions sought by the HOA were turned down by the council including a sound wall, which members found fault with, including insisting it could be a wildlife barrier. Another offered an explanation that they don’t work and a sound wall would keep the sound of the ocean away from the residents.
Councilmember Wagner said many of the other HOA concerns were already covered by current city law or would be in forthcoming ordinances.
Councilmember Pamela Conley Ulich blasted he developer for not providing a public amenity. She suggested for long-term planning Bercu could have “provided a lumber site”. She also talked about public transportation, such as a bus or shuttle that could transport people from Cross Creek to Trancas, and vice versa.
Councilmember Andy Stern said he was pleased the proposal was not larger. He also said he did not want to encourage the developer to expand the project so the city could get a public amenity.
Mayor Sharon Barovsky seemed taken aback by an HOA suggestion that all of the picnic tables should be removed from the proposed commons area.
“Tell me about a picnic area with no picnic tables,” said Barovsky. It was explained by Bercu’s attorney that HOA members did not want large families from the 818 area code taking over the commons area.
Barovksy insisted she would require picnic tables. After Bercu quipped it is a Zen thing, the mayor was reassured there would be picnic tables.
Bercu reiterated that the east parcel, which contains the creek and offers potential for a restored lagoon, is for sale and the owners would consider reducing the price from $3.5 million to $2.5 million.
The audience was made up laergely of Bercu associates and supporters, with a smattering of critics. The tenor of the meeting prompyed the mayor to say, “This is the most civilized group.”

School District Chief Says Cutting Can’t Be Avoided

• New Tax Hike Covers Half of Deficit

BY SUZANNE GULDIMANN

Tim Cuneo, superintendent of the Santa Monica-Malibu Unified School District, urged the community to “stay positive” at a recent district budget presentation at Malibu High School, but only the most sanguine could view the state’s $21.5 billion-plus deficit financial forecast with optimism.
According to Cuneo, 71 percent of school funding comes from Sacramento. The district’s $12 million deficit mirrors the state’s $20 billion deficit, meaning that SMMUSD’s state funding has dropped from $5722 per student in 2008-2009 to $5029 in 2009-10.
Cuneo explained the measures that the district has already taken, including cuts of $4.5 million in 2009-10, increasing class size, reorganizing and consolidating Samohi’s house system, cutting contracts and attempting to reduce energy and travel costs.
According to Cuneo, other measures being discussed include furlough days for employees, additional increases in class size and reductions in personnel, including district office staff and services, as well as teachers, counselors, advisors, outreach specialists, library staff, reading specialists, nursing staff, and security officers.
Other budget cuts could include reducing or eliminate programs, including elementary music and summer school programs.
The centerpiece of the district’s budget strategy is a new parcel tax. The board of education has already approved holding a special election for the parcel tax measure on May 25.
Although residents in the district have traditionally supported parcel tax measures in the past, the May 25 mail-in election, which will cost the district $360,000, comes at a time when Santa Monica, where the vast majority of district voters live, faces record high foreclosure rates and significant job loss.
The district sees the risk as necessary for the survival of key programs, and is counting on success, despite what has been described as “tepid”or “lukewarm” response to parcel tax phone polls.
Cuneo, however, has cautioned that the tax, if passed, would cover only about half the district deficit, and additional cuts would still have to be made. He also expressed concern that once cut, programs may be difficult to reestablish.
“The budget crisis is real,” Cuneo stated, indicating that the district, which serves 11,607 students, may be forced to eliminate up to 90 certificated staff—teachers, counselors, nurses, and administrators and 30 classified staff—custodians, maintenance, library staff, security and other classifications. Class size, already increased this year, would rise still higher for all grade levels.
Cuneo asked that the community stay informed about the ballot measure, attend budget workshops, follow state budget news and get involved.
Malibuites who had their minds on the immediate crisis of sandbags, raising water and the thunderstorm overhead and not on the school budget that evening, can read more about the state of the district’s budget online.
The PowerPoint presentation that accompanied Cuneo’s talk is available at www.smmusd.org

Planning Panel Approves LCP Amendment that Allows MHS Temp Athletic Field Lighting

• City Council Candidates See Issue as ‘Campaignable’

BY SUZANNE GULDIMANN

The City of Malibu’s Planning Commission, after nearly three hours of public testimony and a lengthy debate, approved a recommendation for Local Coastal Program and Zoning Text amendments to permit temporary athletic field lighting at the Malibu High School campus.
The recommendation will be heard next by the Malibu City Council. The California Coastal Commission, which voted unanimously to deny a previous request for a lighting amendment last year, will have the final say.
Several factions spoke at the meeting: residents who oppose changing the LCP; football team supporters who requested a total of 16 lighted nights during October and November to accommodate eight games and eight practices; and supporters of open-ended lighting to accommodate soccer, lacrosse, baseball, softball, tennis, and fundraising activities.
I speak for many residents,” Malibu Park resident Carol Gable said. “We feel this is the first step [toward permanent lighting]. Wildlife abounds. We enjoy hearing and seeing it year round. You would be better served to be teaching the students to be good stewards.”
One woman brought carefully labeled bags containing owl pellets that she stated had been collected on school property. “There is habitat,” she said. We all know we have raptors.”
“I’ve attended dozens of these meetings,” Hap Henry, the only MHS football player to participate in the discussion, said. He suggested that the amendment be limited to 16 nights of high school football and that language be included to ensure that the lights be shielded and removed promptly at the end of of the season. He also suggested that the amendment should have “deeper protection against increases to an unreasonable number.”
“Anybody opposed is disgusting,” Malibu Park resident Steven Bard said. “It’s unbelievable to me. The best athletes are leaving.” Bard has coached MHS middle school flag football.
“[Lights] would bring in revenue and keep kids here in Malibu,” another speaker said, stating that “the [men] being prosecuted in the Corral Fire” are a “prime example” of what happens to youth without the benefit of organized sports. However, the speaker did not indicate whether he actually knew that the men did not participate in sports.
“The 200-plus lighting plan still exists, it’s waiting on the shelf” Malibu Township Council president Steve Uhring said, pointing out that opponents have so far outnumbered proponents 20 to 1. “That’s why residents say no. 16 nights opens the door to 200-plus nights. It launches an assault on quality of life.”
The meeting attracted the attention of most of the candidates for the April city election. Candidates Ed Gillespie and John Mazza are chair and vice chair of the planning panel. Laura Rosenthal and Mike Sidley are both education activists who are on the school district’s Measure BB committee. Matthew Katz and Steve Scheinkman are Malibu Park residents.
Rosenthal, who has advocated for the lights from the beginning, described the process as “a great example of different groups coming together to compromise.” She added, “When we were looking at permanent lights, at that time I supported them [but] it became quite clear it was going to impact. We’ve gone down from 203 nights to 16 nights. I know there’s a lot of wildlife, beautiful dark skies. The wildlife has not gone away with six years of limited use.”
“I urge you to adopt the one with the most flexibility,” Sidley said. “The board of education in not to be feared. We are talking about providing opportunities. Will people be impacted? Yes. All of us have to compromise. The reason they were talking about 200 was they were trying to provide more opportunity.”
“Why are we spending money on lights? The school district is going to raise our property tax,” said Katz. “People who don’t live in Malibu Park shouldn’t have a say. They aren’t the ones who suffer,” he stated.
“There was a compromise that took place for seven years,” council candidate Steve Scheinkman pointed out. Scheinkman, who has been an advocate for the 16 night plan, cautioned that any amendment would need to incorporate the restrictions in the LCP, not just the municipal code.
“There has got to be protection in the LCP so the school district can’t turn around and say they’re exempt,” Scheinkman said. There are 188 houses within 1000 feet of the school. Four percent of Malibu’s population [will be] impacted.
“You have to understand, what we are trying to do is work out the best solution for the Coastal Commission to look at.” Commission vice chair John Mazza said, addressing his remarks to a pair of young cheerleaders who said earlier that they “really, really wanted the lights.”
“The school board has gone outside of local control,” Mazza explained. “They went directly to Coastal, outside of the city process. They were turned down 12-0. We have to come up with a rational solution that protects the school, protects the neighbors, and language that the City Council and the Coastal Commission can accept.”
“Can’t we have a resolution that includes all of our sports?” asked Commissioner Regan Schaar. She repeatedly called the proposed 16 night limit “restrictive,” and pushed initially for an open-ended amendment that would not restrict the number of nights or types of activities and later for a 25 night plan.
“I’m concerned that we are going to lose football,” Steve Scheinkman said, after plans to include everything from tennis to Pop Warner in the proposal. “I listened to coastal, [they were] specifically concerned about creep. Don’t do anything that’s going to lose football.” He added that “[Coastal] rejected the environmental report.”
“Owls have 365 nights a year,” Schaar snapped.
“I’m not going to dignify that remark with a reply,” chair Ed Gillespie answered.
After lengthy debate, the commission agreed to retain the 16-night limit, but opted not to specify football, leaving the distribution of night sports up to the school. This move was seen as a way to make the lights available for other sports and avoid Title XI complications, but it would also expand the period of time the six 53-foot lights would potentially be on the field from the two months required for football to a total of four months, to accommodate soccer, potentially doubling the cost of the lights, which several speakers pointed out have in the past been funded entirely by the football team.
The extension could also mean the lights would still be in use during the start of breeding season for the hotly contested owl population in late winter.
The final proposal recommends placing the Conditional Use Permit requirement in the LCP, to prevent the school district from circumventing municipal control. The commission also agreed that the amendment should specify high school athletic activities only and set an end-time of 10:30 p.m. and require that the lights be removed promptly at the end of the four-month period.

Council Looks at Camp 8 Issue

• County Capitulates to Localized Outcry

BY BILL KOENEKER

Some Malibu City Council members had strong words for the residents who protested initial reports that the California Department of Corrections was considering use of Fire Camp 8 to house inmates trained in firefighting.
The facility is currently used by the Los Angeles County Fire Department to assign fly crews. A helicopter is stationed at the camp located high in the hills above Las Flores Canyon.
“That is not going to happen,” said fire department spokesperson, Maria Grycan, Nearby residents had organized opposition to the plan that fire officials said was still in the early assessment stage.
Fire officials now say their initial assessment has ruled out the camp for inmates because of the residential component.
Councilmember John Sibert chastised the protesting neighbors, who he said jumped the gun.
“The concern I have is the Chicken Little approach. We ended up looking foolish,” he said.
Sibert said he began getting e-mails on Thursday, made a few calls, contacted the city manager and by Monday fire officials had already withdrawn the site.
“These are programs that save people’s lives. This instant panic bothers me,” he added.
Councilmember Pamela Conley Ulich said she thought it ironic that when she attended the community Wildfire planning meetings, there were only three people in attendance.
“I hope the people activated by the Camp 8 [proposal] keep more informed and involved,” she said. “I hope the people who shouted the loudest on Camp 8 don’t stop. They need to be vigilant.”
Ironically, the history of the camp shows it got its start as a place for wards of the court to learn wilderness firefighting techniques.
Current inmate firefighting facilities in Malibu include Camp 13 on Encinal Canyon Road and Camp 16 in Malibu Canyon, according to the LACOFD website.
In 1981, Camp 13 was the first of four fire suppression camps to open jointly with the CDC, combining state manpower and resources within county facilities and county overhead, according to the website.
In a program that predates most residents, Camp 8 was one of seven camps in the 1940s when the county staffed the facilities with wards of the court.

Publisher’s Notebook

• Some Malibuites Send Misplaced Message •

ANNE SOBLE

As The News went to press last week, a maelstrom of outrage erupted among some of the residents of the upper Rambla Pacifico/Las Flores area in opposition to the possibility that Camp 8 might be used to temporarily house inmates specially selected for firefighting training. The timing of the lobbying campaign didn’t allow other residents in the area, who know the important role these individuals play in fighting wildfires, to present their point of view.
On Martin Luther King Jr. Day no less, this small group of vocal Malibuites provided an example of why the community is often perceived by the outside world as elitist and xenophobic. These same residents would clamor for trained ground crews if their homes were engulfed in flames, but it appears that these crews are only acceptable if they have been bused in from somewhere else. What do these residents think about the inmates who become full-fledged county firefighters? Should they be prohibited from being assigned to Malibu stations? In 2010, this has the unfortunate ring of some of the most unsavory aspects of the nation’s history.
That the residents who rushed to judgment may have been exhibiting fear and ignorance of the role of these crews is not too strong an indictment. They do not speak for those in eastern Malibu, or others throughout the rest of the community, who know the importance of the camps that are located in western Malibu and Malibu Canyon when wildfires rage. Anyone who has ever watched these well-trained men and women do risky, demanding and gritty groundwork gives them the respect they deserve.
In 1993, after a night of watching backfiring by the valiant engine companies ensconced on our property, my family tried to catch some sleep in the smoky haze. We were awakened by the sound of singing. The melodic sounds were accompanied by the clamor of chain saws and axes at work. When I went outside, a crew of Camp 13 inmates were removing smoldering branches and churning up plant roots that might harbor embers. Those of us in the firestorm’s path don’t often get to thank those who make a difference in protecting our homes. We had already thanked the firefighters before their engines headed out, but now we were also able to show appreciation to the inmate crew that was doing the mopping up that is so critical in wildfire’s aftermath.
A public apology to the crews and the firefighters who join the county after their time at a camp ends is in order from those who generated the hysteria. These crews serve the public when they are needed. That a few people can speak so ill of men and women to whom Malibu owes its gratitude dishonors not only the crew members, but also the rest of us.

Mitrice Richardson’s Family Steps Up Efforts to Involve the FBI

• Congressmember Maxine Waters Cites Missing Woman’s Case in Call for New Legislation

BY ANNE SOBLE

The family of Mitrice Richardson, the 24-year-old woman who has now been missing for 19 weeks, is stepping up its call for federal involvement in her mysterious disappearance.
Michael Richardson and Latice Sutton are the parents of the Cal State Fullerton honors graduate who medical experts now think was experiencing a mental breakdown when she began acting bizarrely and said she could not pay a Malibu dinner tab on Sept. 16.
The mother and father may have different opinions about the direction and timing of legal action over the Los Angeles County Sheriff’s Department’s treatment of the young woman, but they are united in their criticism of the agency that they hold responsible for their daughter’s well-being after she was transported to the Lost Hills Sheriff’s Station.
The parents and a growing chorus of voices in government and the media question the Lost Hills release of the slight young woman at 12:30 a.m. on Sept. 17. Mitrice Richardson was alone, on foot, poorly clad for the cold temperature, and without money or her cell phone, in a dark and isolated area.
Both parents have repeatedly stated that they think that deputies at the station know more than has been disclosed and station officials are suppressing information and evidence that would shed light on what happened to their daughter.
Michael Richardson stated this week that he is preparing to go to Washington, DC, to personally request that the FBI investigate the Lost Hills Sheriff’s Station.
He said, “For some reason, people think that we are requesting for the FBI only to get involved in the search [now being directed by the Los Angeles Police Department]. That is not true. There is a cover-up throughout the Lost Hills Station, and I want it unfolded. People [who know things] are scared and don’t want to come forward.”
Richardson stressed, “I’m trying to be patient because we are so close to finding out without [Lost Hills’] tapes and cooperation. With the 5300 signatures we have on a petition, I will go to the steps of the FBI offices and ask for the following if the officers involved do not step forward: the entire station should be dismantled, pending a major federal investigation.”
The missing woman’s father added, “Those who know something are just as guilty. I also will be seeking a new law; Law enforcement [officials] of any kind who break the law should receive double the penalty. I will look at law enforcement personnel abuse cases. I will provide stats on rape and assault cases that have happened in Malibu this year alone.”
Richardson said, “I was trying to wait, but I have to go with what I have because so many people have been turned off by the filing of the negligence claim.”
RICHARDSON PUT ON FBI LIST
On another front, noted Los Angeles civic activist Earl Ofari Hutchinson recently announced that the FBI has officially listed Mitrice Richardson in its National Crime Information Center Missing Persons file. Pending analysis of DNA provided by her mother, Mitrice Richardson is eligible to be listed in its Violent Criminal Apprehension Program and its National Missing Person DNA Database.
Hutchinson has appealed to U.S. Attorney General Eric Holder to become involved in the case.
WATERS CALLS FOR NEW LAW
In other Washington news, Congressmember Maxine Waters, who represents Watts, Mitrice Richardson’s district, has co-sponsored the Help Find the Missing Act (H.R. 3695), which would assist in identifying missing people and solving cases involving those who are missing. The legislation directs the U.S. Attorney General to share information on missing persons and unidentified human remains in the National Crime Information Center (NCIC) Missing and Unidentified Person File database with the NamUs database. It also establishes funding for this effort.
In her statement Tuesday at the hearing that the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security held on the bill, Waters said, “Last September, a young woman from my district named Mitrice Richardson went missing under questionable circumstances...I believe the local authorities could have done more, earlier in the process, to assist [her] family...Only after months of television appearances, mass mailings, and petitions organized by [her] family and friends did [agencies] begin to devote the necessary resources to find her...Our constituents believe local law enforcement should have the necessary training and resources to investigate and find their missing relatives.”
Waters added, “The legislation would require the Department of Justice to issue a report to law enforcement agencies, coroners, and medical examiners concerning best practices for collecting and reporting information about missing and unidentified persons. While the FBI does not typically investigate all cases involving missing adults, it can certainly do more to provide our local and state authorities with vital tools and information so that they can be more helpful and effective in their investigations.”
Meanwhile, Michael Richardson said he has asked “my attorney to withdraw my claim filing against the county. I have enough on my plate now...trying to recruit people to help me find my child.”

Multi-Million Dollar Homes on Broad Beach to Get Ocean Protection

• HOA Gets Emergency Coastal Permit for Rock Revetment to Replace Existing Eyesore Barriers

BY BILL KOENEKER

The constant pounding of waves along Broad Beach against sand dunes and sandbag mounds has caused extensive erosion, leading the property owners association to seek an emergency permit for placement of a rock revetment along the entire stretch of shoreline, according to Malibu city officials and a California Coastal Commission staffer.
The request first went to the Malibu planning department, which issued an emergency permit for the work.
However, once the state coastal agency got wind of the permit request, it indicated to the HOA and the city it would only issue the permit with conditions.
The city and the CCC staff issued permits for the placement of an approximately 4100-linear-foot temporary rock revetment consisting of 33,000 tons of rip rap on the sandy beach seaward of 77 existing multi-million dollar beachfront residences.
A temporary sand berm approximately 10 feet high by 25 feet wide is also proposed for interim protection of structures during the construction of the revetment.
One requirement is that all construction occur during low tidal periods, according to the permit document. Both CCC and Malibu officials indicated that the work could start at any time.
The commission staff noted that the request for the placement of rock on the beach is the reason the agency got involved.
An emergency permit is described as a temporary permit with a definite time limit. A formal application for a coastal permit must be submitted before the CCC in this particular case.
Though the revetment is described as temporary, it is not clear how easily 33,000 tons of rock could or would be removed.
Some observers have expressed concern about how the riprap might impact the down coast shoreline of Zuma Beach especially during storms and high tide events.

Forensics Link Alleged Killer to Malibu Crime

BY SUZANNE GULDIMANN

It was one of the most brutal murders in Malibu’s history. On Dec. 16, 1977, Georgia Wixted, 27, a registered nurse, was sexually assaulted, beaten with a claw hammer and finally strangled with a nylon stocking. Her naked body was found in her east Malibu apartment. The crime shocked the community.
Print technicians recovered a single partial palm print from the scene, believed to belong to the murderer. More than 30 years later, that print was matched to Rodney Alcala, a former death row inmate now charged with murdering five female victims, all killed using the same MO between 1977 and 1979.
Alcala was arrested in July of 1979 after a witness identified him from a police artist’s sketch made after the murder of a 12-year-old Huntington Beach girl, Robin Samsoe. Eyewitness, including the murdered girl’s friend, identified the wild-haired Alcala, who approached Samsoe with a camera prior to her abduction and asked to photograph her.
Alcala was tried twice and convicted of the murder of Samsoe. He has twice been sentenced to death but both sentences were reversed on appeal. Alcala was awaiting a third trial in 2003, when forensic technology not previously available allegedly linked him to four other murders, including that of Wixted.
Computer technology enabled Los Angeles County Sheriff’s Department fin-gerprint technician Dale Falican to match the palm print from the Malibu murder to Alcala. Falican, one of the first to testify in the trial that began on Jan. 11, stated that the palm print conclusively links Alcala to the Malibu crime scene, since no two individuals have ever been found to have identical prints.
DNA testing has also been deployed, linking Alcala to biological material collected at several of the crime scenes and retained as evidence.
The five murders have been consolidated into one case for the trial in Orange County over Alcala’s objections. In a macabre twist, Alcala, who is said to have a near-genius IQ, has dismissed his attorneys and is representing himself in court, which means that victims’ family members who are testifying in the case will be cross-examined by the alleged serial killer.
If Alcala is convicted of the charges, which include five murders with special circumstances—torture, rape, burglary, robbery and kidnapping—he could face multiple death sentences.
At least one victims advocacy group now says emerging evidence could potential link Alcala to other unsolved crimes.

Rain Becomes the Norm as Pacific Storms Soak Malibu

• Residents on Lookout for Rockslides and Water Spouts

BY ANNE SOBLE

Malibuites had their rain gear at the ready this week for a series of three powerful Pacific storms that the National Weather Service forecast with near perfect accuracy.
The first storm rolled in Sunday afternoon dropping from one to two and a half inches of rain in parts of the Malibu area. The second storm on Tuesday was the lighter of the two but still brought another inch or more of rainfall to the local coast and canyons.
Meteorologists said the storm series was the strongest and wettest to hit this area since the winter of 2005.
Because there were numerous breaks between heavy downpours, ground absorption helped to keep runoff problems to a minimum. However, National Weather Service reports said that might not continue to be the case if the third storm forecast for Wednesday through Thursday brings even greater rainfall.
If that’s not enough wet weather to everyone’s liking, still more rain is possible through the weekend.
Not having experienced wildfire in two years, Malibu should fare better than more recent burn areas that may face flash flooding and debris flows downstream.
Still, it was being recommended that even residents outside the fire zones continue to monitor their property and have emergency preparedness plans in place.
Waterspouts off the coast were considered possible during the storms, but the only reports of sightings were farther south.
Offshore strong winds and ocean swells in double digits did materialize, however, they also took their worst toll farther south.
The intermittent power outages that ricochetted through Malibu on Monday were mostly short-lived.
The same storms that soaked Malibu were more appreciated in the northern part of the state where they produced snow. This will help to replenish California’s water supplies and ease the effects of a three-year drought.

10 Candidates Vie for Two City Council Seats on April 13 Ballot

• Wide Field of Diverse Hopefuls Starts Off with Discussion on Whether to Hold More Debates

BY BILL KOENEKER

No sooner had the Malibu City Clerk issued an email with a list of the individuals who successfully filed nominating papers for the two city council seats up for grabs in the April 13 election, than council hopeful Mike Sidley issued a challenge to all of the candidates to a series of weekly debates.
The individuals, whose nomination papers signatures were verified as legitimate voters in the City of Malibu, making them qualified as candidates are Ed Gillespie, Harold Greene, Matthew Katz, Kofi, Lou La Monte, John Mazza, Laura Rosenthal, Steve Scheinkman, Mike Sidley, and Jan Swift. Friday, Jan. 15, was the last day that council hopefuls could file nomination packets with the city clerk.
Regan Schaar, Walt Keller and Makan Delrahim took out packets but did not return filing papers. Keller, who said he would not return his packet if he found two candidates to endorse, indicated he had found two such council hopefuls. Schaar said she could not run at this time.
Matthew Katz was the only new individual who returned his nomination packet and was deemed qualified to run. The nine others have been discussed as potential candidates in previous issues.
Katz is a longtime Malibu Park resident who can regale visitors with his activities in the ’60s, when he was involved with the business affairs and management of several counterculture rock bands. His tales of representing himself pro per in successful litigation with those same well-known bands is viewed by some as nearly legendary.
Mike Sidley, who made the call for weekly debates in emails to candidates, as well as a press release, said his “challenge” was issued because he had identified the need of Malibu voters to hear from each of the candidates in their own words on how they plan to deal with the important issues facing the city.
“With a field as crowded and diverse as this one, only through weekly debates can the voters of Malibu get a true picture of each candidate and where they stand on the issues,” said Sidley in his prepared statement. “These debates will give the voters of Malibu a true picture of how these candidates will govern in the future”
Sidley suggested a roster of subjects, which he said should be dealt with in each debate. These include: view protection and the encroachment of the proposed view protection ordinance, septic tank ban, support for public schools and the upcoming parcel tax, transportation, public safety and government waste,
Some of the candidates were quick to respond via email and like Sidley sent copies to the local press.
Lou la Monte wrote back that he looked forward “to having a civil debate on the issues facing Malibu.” The Big Rock resident reminded Sidley there are many organizations that conduct candidates forums and asked if Sidley is contemplating additional debates, who would oversee them and what would be the format.
“As you know there are usually a series of established candidate forums sponsored by community organizations during the campaign, and I intend to participate in all that I can,” wrote La Monte.
In an email sent to Sidley signed by candidates John Mazza and Steve Scheinkman, who are running on a slate, the two suggested there may be other community groups organizing forums and a wait-and-see approach might be best.
“Rather than jumping the gun, we suggest we give these groups, as well as others that might want to hold a forum, the opportunity to plan and schedule their event. After all, it should be the voters not us who decide the venue, the rules and the issues they would like us to address,” they said.
The Mazza/Scheinkman email indicated that some Malibu High School students are trying to put together a forum. An MHS program might give the home court advantage to Scheinkman, who is well known at the high school, as well as Sidley, whose wife Wendy is president of the MHS PTSA and Laura Rosenthal, who maintains contacts at the school because of her activist role in school district issues and push for a separate Malibu school district.
Rosenthal was somewhat more specific in her answer, suggesting the present number of forums is adequate. “I think that is the most appropriate venue to debate the issues. However, I would love to sit down with you anytime, have a cup of coffee and discuss our city, the issues and our thoughts,” she answered.
In contrast to the other candidates, Ed Gillespie said he was ready to participate in every debate that is scheduled. “Count me in. Let me know where and when,” he replied to Sidley.
Some candidates started their print advertising campaigns this week, while Mazza/Scheinkman several weeks earlier posted a video on the Internet.

MRCA to Meet on Lechuza Beach ‘Improvements’

• Agency and HOA Have Differences

BY BILL KOENEKER

Several highly controversial actions planned for Lechuza Beach by the Mountains Recreation and Conservation Authority are scheduled for a public hearing at an MRCA meeting on Jan. 25 in Calabasas.
At that time, the MRCA board is expected to consider authorizing an amendment to the Malibu Coastal Development application for what is being called the Lechuza Beach public access improvements project.
The proposal calls for an accessible portable restroom facility on the MRCA property on or adjacent to what is called Lot “A.” A removable seasonal accessible ramp between the proposed viewing platform and beach adjacent to East Sea Level Drive and a 24-foot-wide access road on public right-of-way between Broad Beach Road and the terminus of West Sea Level Drive (Lot “A”) are also planned.
The quarter-mile sandy beach is completely surrounded by residential development. The residents are members of the Malibu Encinal Homeowners Association, which has tried to work with the MRCA to come to some sort of mutual agreement on the development of public access for what has been described as a nearly pristine beach.
In Oct. 2000, the State Coastal Conservancy granted $10 million dollars to the MRCA to acquire fee title and easement interests at the beach. In 2001, the landowner donated lots 142-148 to the state agency. In May 2002, the MRCA took title to the property, according to MRCA documents.
In August 2006, the California Coastal Commission, which many observers suggest will have the final say in the matter, sent a letter to the City of Malibu requesting that the municipality take enforcement action to respond to “an ongoing problem in the Lechuza Beach area of Broad Beach regarding public parking and public access.” The city organized a meeting and everyone agreed to put together an interim access management plan for CCC approval.
In 2007, the MRCA released that public access management plan and acknowledged the state agency and HOA “have not reached final agreement on all of the issues related to public access.”
The access plan was designed, according to the MRCA, “to document these areas of agreement and to outline a management plan for Lechuza Beach to permit immediate public access to the beach property owned by MRCA.”
In the interim plan, MRCA acknowledged MEHOA’s interest indicating the common interest subdivision known as Malibu Encinal consists of numerous private residential lots, private roads, private accessways and other private rights created in 1932 by the Marblehead Land Company.
“MEHOA has certain management duties and responsibilities under the CC&Rs for the Malibu Encinal subdivions property. MEHOA owns fee title to East Sea Level Drive and West Sea Level Drive.”
The state agency maintains it owns 4.1 acres along the beach and also holds easements for pedestrian and handicapped access along both East and West Sea Level Drive and easements for ingress and egress for agency, maintenance and service access.
The MRCA document describes from its point of view what issues need to be resolved, including how access through the West Sea level gate will be dependent on determining the ownership of the underlying property.”
In the interim, MEHOA will arrange for access subject to private property rights through the West Sea Level gate. Hours of gate operation should be similar to that of other gates,” the MRCA document states.

SMMUSD Parcel Tax and Other District Issues to Be Aired When Superintendent Speaks in Malibu

• Committee Urges ‘KISS’ Political Approach to Voters

BY SUZANNE GULDIMANN

More details about the proposed Santa Monica Malibu Unified School district parcel tax were revealed at the Jan. 14 meeting of the board of education.
According to Neil Carrey, the chair of the parcel tax committee, it is feasible for the district to successfully pass a new tax to help offset the district’s projected $12 million deficit, provided the tax does not exceed $225 per property, and the measure is on a separate mail-in ballot.
Carrey recommended that the tax be placed on a special mail-in ballot on May 25, rather than be part of the state election in June.
The write-in ballot would cost the district $360,000, $200,000 more than placing the item on the June general election ballot. However, the separate ballot would, according to Carrey, greatly increase the odds of achieving the two-thirds majority required to pass the new tax.
Carrey said the committee recommends that the tax last for five years and include a senior exemption. It would also require an annual audit and appropriate oversight.
“This is [a] very difficult time,” Carrey told the board. “This is my fourth parcel tax committee. Of all the issues, the economy is the toughest. It could be feasible at $225, but there is some cost sensitivity. If you go below [$225], there could be a better chance you ensure that it passes.”
The board, however, expressed concern that the lower number would not generate enough money to bail out the district, which is facing a $12 million deficit due to cuts in state funding.
“It’s clearly not going to eliminate the deficit,” Carrey acknowledged, suggesting that staff analyze “what still has to be cut after a parcel tax” and “look at it at different levels.”
According to the committee, surveys conducted as part of the feasibility study found support for a tax to be at “somewhat lower levels” in part due to economy and in part due to existing parcel taxes.
Many voters reportedly “did not understand that the state funds most of the district.” However, those that did revealed an “incredible depth of commitment.”
The survey apparently revealed that district voters have limited capacity to multitask, becoming “overwhelmed and confused” when confronted with multiple options, which was one of the reasons the committee recommended the separate ballot option that would allow voters the opportunity to “concentrate” on the issue.
The board unanimously approved the May 25 write-in ballot option. The amount of the tax and the language of the measure are still under discussion.
MALIBU MEETING
Malibu residents will have an opportunity to learn more about the parcel tax plan and the state of the district’s budget at a public meeting presented by the district superintendent at the Malibu High School library on Jan. 21 at 7 p.m. More information is available at www.smmusd.org

Neighbors Rally Against Possible Changes at Fire Camp 8

• Voice Concern about Temporary Relocation of 80 Inmate Fire Trainees to Area

BY BILL KOENEKER

Nearby residents have expressed alarm about what they say is the California Department of Corrections apparently taking over Fire Camp 8 above Las Flores Canyon to house inmates in the facility that has been used by the Los Angeles County Fire Department to assign fly crews to the hillside facility.
Much of the concern has been mobilized by residents of the Seaview Estates area. About 100 people reportedly gathered at a residence in the area Monday night to explore their options for oppsing any use of the facility for inmate firefighters.
Among the topics discussed were opposition display banners, picketing, lobbying elected officials and a media campaign.
Concerns expressed at the meeting included safety of residents, especially children, and security of the facility.
There did not appear to be any discussion of the role the inmate fire crews have played in assisting in previous Malibu fires.
Concerned resident Roxanne Davis told neighbors the fire camp will be modified to hold 80 plus inmates for fire suppression. “Fences will be built to restrain inmates, dorms will be refashioned for incarceration and there will be no community access to the camp. The helicopter will remain as well as all current fire personnel,” she wrote,
However, the LACOFD media office would neither confirm nor deny the change. ”We don’t officially know that is going to happen,” said Inspector Fred Stowers, “We have nothing to say about it at this time.” He later indicated more information might be forthcoming, later this week.
Nevertheless, some residents contend the entire matter has been cloaked in secrecy. “This was a deal struck between the CDC and LACOFD, in secret, no community input or disclosure was allowed and even our representatives are not aware that this arrangement was concluded. They will begin a public relations campaign shortly to avert and blunt possible criticism,” wrote Davis.
“We need to immediately get a hold of the Environmental Impact Report. We doubt whether they considered the effect of the septic on the area. We doubt whether they considered the effect the tremendous increased traffic will have on Las Flores and other roads connecting,” she added.
Ironically, the history of the camp shows it got its start as a place for wards of the court to learn wildfire fighting techniques.
The county in the 1960s began training wildland firefighting hand crews using incarcerated individuals. Inmates were assigned to Camp 12 for formal training and then moved to various camps throughout the county after completion of fire fighting training.
Facilities in Malibu include Camp 13 on Encinal Canyon Road and Camp 16 in Malibu Canyon, according to a LACOFD website.
In June of 1970, the fly crew program was started at Camp 9 at Los Pinetos. Within the next two years, fly crews were assigned to Camp 2 in Arroyo Seco and Camp 8 in Malibu.
In 1981, Camp 13 was the first of four fire suppression camps to open jointly with the CDC, combining state manpower and resources within county facilities and county overhead, according to LACOFD website.
In a program that predates most residents, Camp 8 was one of seven camps in the 1940s, when the county staffed the facilities with wards of the court. They ranged in age from 15 to 18 years of age.
Run in conjunction with the county’s probation department, the duties and responsibilities parallel that of the adult inmate crews. They had their own training facility at Camp 1, which was located in fire department headquarters in East Los Angeles.
After training, the inmates were assigned to either of the Malibu camps—the one then called Camp 3 and the current Camp 8.

School District Plan to Fence Off Campus Raises Fire Concerns

• Residents Cite Some of the Problems that Have Taken Place and Could Become Even Worse

BY SUZANNE GULDIMANN

Some residents of Malibu Park are asking whether they will have to add bolt cutters to their wildfire preparedness kits, if a Measure BB funded plan for new perimeter fencing around the Malibu High School campus moves ahead as planned.
The new fencing would lock down the largely open campus, potentially impacting pedestrian and equestrian access during emergencies and on weekends, when the school’s athletic facilities are a popular destination.
Concerned Malibu Park residents reportedly contacted the Santa Monica Malibu Unified School District before the Jan. 14 meeting when the funds were allocated, but staff appeared unresponsive when member Ralph Mechur raised concerns about the emergency access issue.
“When the fires do come through, which they occasionally do, unfortunately, people bring their livestock down to our campus,” Mechur said. “Will they still be able to do that? I don’t know how they did it but I just want to make sure that if people have to bring their horses down to a safe place and that’s the campus, will they continue to be able to do that?”
Project consultant Tom Tomeoni replied, “There will be gates but they’ll be closed.” He clarified that “we do have gates where actually some of our children come through, so we are trying to work with the sites to kind of make an arrangement where those gates as part of the BB program remain and be available, be open.”
Mechur asked, “If there is a fire on a Saturday night and people need to bring their horses onto the campus, to the field, are they going to have to cut locks?”
The district’s chief financial officer Jan Maez replied, “If it happened on a weekend and the fire department didn’t have access, then locks might have to be cut for an emergency such as that.”
Mechur requested that staff take the issue seriously. The BB funds for the fencing project were approved as part of the consent portion of the agenda.
Some local fire safety activists have described the fencing plan as ironic. The campus was included as a community fire safety resource at a recent workshop sponsored by federal, state and local agencies.
“It has been standard operating procedure in Malibu Park for decades that, in the event of a wildfire, residents evacuate their families and animals to the open school grounds on Morning View Drive where there are resources and personnel,” Malibu Park resident and C.E.R.T. member Marshall Thompson wrote in an email to the Malibu Surfside News. “This is mentioned in every single meeting that takes up the issue of public safety, wildfires and evacuation plans.”
Thompson, together with city council candidate Steve Scheinkman and other Malibu Park residents established an organization called the Malibu Park Safety Coalition in 2009 to address fire and traffic issues in the west Malibu community.
“Fences need to be permeable for the wildlife, and there needs to be access from the back and sides in case of wildfire,” wrote Malibu Park resident Judi Hutchinson. “This area has many horses and other domestic animals that need to be taken down to the school in case of fire.”
“The district doesn’t talk to us or listen to us,” said another resident, who asked that her name not be used. “They don’t talk to the city either and they’re exempt from local control. It’s like having an Iron Curtain country for a neighbor. Someone should tell the school board that the Cold War is over.”
According to the staff report, the new plan includes “replacement of existing perimeter or interior fencing, existing gates, [and] erosion control along the west side of the property boundary.”
The fencing project was not part of the campus’s BB plan, according to the staff report. It was added “after discussion with the site administrators and district safety staff...to provide safety for the students and to allow the administrators to adequately control the movement of students within different portions of the campus.”
According to the staff report, the fencing project will also require retaining walls in some areas. “During the planning of this work, significant erosion was noted in several areas on the west property boundary, abutting several residential properties. The erosion has undermined the existing fencing, leaving large gaps under the fabric that a person can easily pass under. These areas will need new retaining walls to stabilize those slopes for the new fencing to maintain its effectiveness as a perimeter barrier and prevent future erosion.”
Concerns raised by residents over whether the proposed fencing would be wildlife permeable were dismissed by the district’s staff, despite the fact that the residents claim the western part of the perimeter that is now scheduled to receive the new retaining walls “to stabilize those slopes for the new fencing to maintain its effectiveness as a perimeter barrier” is documented ESHA.
The City of Malibu’s Land Use Plan specifies that “in or adjacent to ESHA, fencing must be sited and designed to allow wildlife to pass through.” However, a resolution passed by the Board of Education in July of 2009 exempts the district from municipal code.
Reports provided as part of the ongoing effort to obtain athletic field lighting that found no evidence of raptors, such as owls, at the campus have been harshly criticized by the California Coastal Commission, which went on record in October saying that the studies were inaccurate.

Mitrice Richardson’s Father Challenges Attorney’s Negligence Claims Filed against Los Angeles County

• Charges and Countercharges Could Have Impact on Case of Woman Missing for Over Four Months

BY ANNE SOBLE

What is already acknowledged as a terrible tragedy, in that a young woman was arrested on two otherwise citable misdemeanor counts, transported to the Lost Hills Sheriff’s Station on Sept. 16, ostensibly released at 12:30 a.m. the next day, and now has been missing for over four months, has taken on a new dimension as her separated parents and the attorney who seemingly represented them pro bono are engaged in a heated public dispute.
Latice Sutton and Michael Richardson are the parents of 24-year-old Mitrice Richardson, the Cal State Fullerton honors graduate who medical experts think may have been experiencing a bout of severe mental illness when she engaged in what was described as totally unusual behavior for her, which included acting bizarrely and not paying an $89.51 dinner tab at Geoffrey’s restaurant in Malibu.
The parents, who never married, have for the most part presented a united front when claiming that the Los Angeles County Sheriff’s Department acted negligently in allowing the young woman to leave the Lost Hills Station alone, on foot (her vehicle was impounded in Malibu), poorly attired for cold weather and without money or her cell phone, which was kept by the LASD for as yet undisclosed reasons.
This front appeared to have broken down when civil rights attorney Leo Terrell, who has repeatedly appeared with both parents at rallies and press conferences, indicated that he filed separate claim papers for the mother and father on Jan. 6, the first step in a possible lawsuit against Los Angeles County for negligence. The form names nine sheriff’s deputies, as well as “all persons” who had contact with Mitrice Richardson during any stage of her arrest, booking or release process. No sum for damages is indicated in the paperwork.
When the filing became public in the media and was described as a family claim, Michael Richardson sent out emails and put a post on his blog saying that this information is incorrect.
Michael Richardson’s post states that he “has not filed a claim” and adds, “Leo Terrell has not been retained by Michael Richardson, does not represent Michael Richardson and never has represented Michael Richardson.”
In a subsequent email to the Malibu Surfside News, Michael Richardson said, “Add that the father is appalled that an attorney would do something like this in this day and age. I can’t believe that people are still doing [Mitrice Richardson] wrong even with her being missing. This was ugly and tacky, and it has turned a lot of people off from wanting to continue with the search and [following up on] what the sheriff’s [deputies] did to her that night.”
The father said filing the claim encourages those people who “believe I am just another black person they can throw some money at to buy some gold and a Cadillac and I will be happy. This time I want justice and to find my daughter at this time. I still need those who believe as I do, that Mitrice Richardson still can be found.”
Leo Terrell on Tuesday responded that if Richardson does not remove these comments from his blog and “if he doesn’t retract his statements, I will take legal action.” Terrell said he served as the father’s attorney until Jan. 14 and is so described on the man’s website, in numerous broadcast interviews, including Terrell’s own radio program, in communications with the county, and countless other contexts. He noted that after that date, Richardson retained separate counsel, Schonbrun DeSimone Seplow Harris and Hoffman, with whom Terrell is in contact and has told, “I will sue him for slander if he continues this.”
Terrell said he filed the paperwork for separate claims for each parent. He said Michael Richardson has been asking him to file for months. “Even now, when I asked Richardson if he wants his claim withdrawn, he said no.”
Terrell said Michael Richardson was largely out of his daughter’s life for about 10 years until she was 13. The father counters that the pair are now close, he is the one who emphasizes that she is alive and he has overseen the effort to get federal involvement in the search for her. The father said he prefers to act on his own rather than work with other family members. which he added may have ruffled feathers.
Terrell stressed that no one should interpret the filing to be an indication that anyone believes that Mitrice Richardson is dead. He said the timing of the filing was necessary to protect family members’ legal rights to seek redress.
Both the LASD and the Los Angeles Police Department—the lead agency in what is still a missing person case—previously stated that peripheral family issues do not impact the agencies’ determination to find the missing woman.
Terrell expressed concern that the public dispute over the claim filing could impact public interest in the missing woman’s case. If any consensus remains, it is that everyone wants Mitrice Richardson to be found soon, so she can take whatever legal action she wants to take on her own behalf.

Trancas Market and HOA Talks Fall Apart

• Effort to Prevent Malibu West Appeal of Expansion Project Is Unsuccessful

BY BILL KOENEKER

Last minute discussions that would have resulted in a settlement agreement between the Malibu West Homeowners Association halting its appeal of the expansion plans proposed by the developers of the Trancas Country Market abruptly came to an end last Friday. The deadline was described as developer imposed.
In a statement issued to the homeowners, the board indicated it had failed to come to an agreement about which concessions of the developer would persuade the HOA to drop its appeal to the Malibu City Council of the planning commission approval for the makeover of the shopping center located at Trancas Canyon Road and Pacific Coast Highway.
The appeal hearing is set for next Monday night during a city council meeting.
“Key issues of the negotiations included emergency exit easements and noise abatements,” the board email stated to HOA members.
The Malibu Surfside News obtained a copy of the proposed agreement, signed by Joseph G. Munoz, Vice President of I&G Malibu Inc. The concessions offered by the developer included not granting MTA the right to access the employee parking lot; “reasonable” efforts to have MTA move the bus stop off Trancas Canyon Road; installation of an access gate in the employee parking lot; permission for Malibu West to use the employee parking lot for special occasion parking after 6 p.m.; construction of a de-composed granite sidewalk on the east side of Trancas Canyon Road; no ex-pansion of the designated street-side; off-street park-ing spaces abutting Trancas Canyon Road; and no valet parking or valet services on Trancas Canyon Road.
The developer would have also pay for and install a speed bump on Trancas Canyon Road near Principio Drive, subject to city approvals; and create left and right-hand exit turn lanes at the Trancas Canyon Road entrance.
Additional concessions included not installing or allowing picnic tables in the common green area; seeking the approval of Malibu West’s board prior to any application to the city for any temporary use permit that includes live amplified music; using “reasonable” efforts to keep day laborers from gathering on the property; complying with Local Coastal Plan with respect to the root zone of an existing sycamore grove; con-structing permeable sur-faces with hard surface lanes for shopping carts; constructing final lighting in compliance with all guide-lines of the LCP; supporting a Caltrans suggestion of “period-ization of signal” to allow pedestrians and cars to cross PCH at separate times; incorporating into the final landscape plan for the employee parking lot tall shrubs as suggested by Malibu West.
In exchange, Malibu West would have with-drawn its appeal; not publicly oppose the project or permits; not funded any administrative or legal action by any person or organization against the project; not appeal nor allow any of its board members to appeal to the California Coastal Com-mission; and maintain liability insurance for its use of the employee parking lot.
The planning com-mission approved the remodeling plans, which include 25,728 square feet of additional shopping center space, including a new parking lot across the street; two restaurants; variance and other relief from setback requirements.

Malibu Resident’s Film Takes Top Honors at the Golden Globe Awards

BY JEREMY WALKER

Hollywood’s got it all worked out: the whole point of the handful of’televised award shows leading up to the Oscars is to spark and frame’debate, providing the competitively-minded with new reasons to visit the cinema and Academy voters a chance to size up how any one nominee might react if he or she were to win the big prize a few weeks from now.
As such, Golden Globe winners have a few seconds to speak directly to those voters. And in those few seconds, an honoree can set the record straight, appear magnanimous by thanking and praising others, appear pious and humble by thanking God, or, with presumably lower stakes on the table, appear scattered and overwhelmed (thank you, Drew Barrymore).
The first award of the night was presented to Mo’Nique for her widely praised performance in “Precious,” the latest and most acclaimed film by envelope-pushing producer and director Lee Daniels.
An actress and performer who over the last decade has built an empire around such overlapping domains as hip-hop, comedy, television and now movies, Mo’Nique lit up the blogs and urban radio very early in the initial release of “Precious” by telling the New York Daily News “I couldn’t eat that Oscar. Everybody needs money, baby. That’s how we survive, right?” which seemed to acknowledge rumors that she’d asked to be compensated for making publicity appearances on behalf of the film.
Mo’Nique used her Globes moment to keep her eyes on the prize with laser-beam focus, pointing out that she didn’t prepare a speech and that “I’m in the midst of my dream,” managing to reconcile art and commerce, humility and self-confidence. She also shared her award with “every person that’s ever been touched. It’s now time to tell, and it’s OK.”
With the help of host Ricky Gervais, Sunday’s ceremony cemented the Globes’ reputation as not just the booziest televised awards show of the season,but also the chummiest.
Gervais was an ideal choice: the same mischievous, deadpan sensibility that created the original version of “The Office” for British TV helped him get away with some candid takedowns of NBC, the network broadcasting the Globes and the same company that pays him a reported $50,000 an episode to broadcast the American version of “The Office.”
Throughout the ceremony, Gervais made a point of stealing sips from a glass of an amber-colored liquid that culminated in his introduction of the movie star who would present the trophy for best director, a star who also happens to be one of Malibu’s more infamous residents. “I like a drink as well as the next man,” Gervais offered. “Unless that man is Mel Gibson.”
In his acceptance speech Globe winner for Best Director, “Avatar’s” James Cameron noted that he and Gibson live next to each other (in Malibu) and suggested, “We should have done this in my neighborhood.” He also rather affably used his Globe moment to acknowledge that his main competitor in the category was his ex-wife, “The Hurt Locker” director Kathryn Bigelow.
The Globes seemed to make an effort to acknowledge the work of showbiz veterans who lack for nothing when it comes to fame, riches and clout but for whom kudos have been elusive. I’m thinking here of Mo’Nique and Sandra Bullock (honored for her work in “The Blind Side”), Jeff Bridges and T Bone Burnett (“Crazy Heart”) and on TV Chloe Sevigny and Drew Barrymore (HBO’s excellent “Big Love” and “Grey Gardens” respectively).
It was also nice to see Peter Rice, a year ago the Fox Searchlight Pictures president who oversaw the “Slumdog Millionaire” juggernaut that ultimately claimed the Oscar for Best Picture, collect kudos as Fox’s new president of television with the crew behind the hit show “Glee”
“Avatar” director James Cameron, accepting the Globe for Best Picture, summed up the evening’s vibe of tempered self-congratulation by saying, “We all have the best job in the world.”
Unless, of course, you happen to work at NBC.

City Council Declares Itself United against RWQCB Septic Ban

• Critical Member Mitigates His Stance

BY BILL KOENEKER

Councilmember Jefferson Wagner was put on the hot seat at this week’s Malibu City Council meeting when council members and a local resident with ties to some of the council members questioned his position on wastewater issues concerning the Civic Center septic system ban issued by the Los Angeles Regional Water Quality Control Board.
Doubts about Wagner’s commitment to council public policy continue to linger even though Wagner tried to downplay the issue in a white paper several weeks ago that attempted to clarify his stance after he was quoted in various media where he cast himself as the “new guy in town” who finally wants to get something done about improving local water quality.
Longtime resident and supporter of the current council majority Lloyd Ahern brought the matter to the attention of the council when he questioned Wagner about his position. “Jay’s recent discussion to the community, where does he stand on wastewater? Do you support the city and its plan or do you support the Regional Water Quality Control Board?” Ahern asked.
Mayor Sharon Barovsky then chimed in and said she has been working on the issue since she came to the city council and established communications with RWQCB members, including Fran Diamond, and executive staff members. “You are not the new boy in town. I was already working on this,” the mayor said.
Councilmember Andy Stern reminded Wagner that he was not “new” as he has already been on the council two years, and said Wagner’s comments give the impression that water quality is something Wagner wanted to get accomplished, but was blocked by other council members. During the two years, Wagner never made a public statement that indicated he differend with his colleaagues.
“It is not for you to say there was something you wanted to do and we blocked it. I know you voted no on Legacy Park. If we did not have three votes there would be nothing there now,” Stern added. “I don’t want you or anybody else to say we are blocking it.”
The mayor said she was concerned there would not be a unified council speaking in Sacramento when the septic ban issue is considered by the state board.
“Are you going to go up there and support the city’s plans?” asked Barovsky. She said she was hoping for a unified front. “I am concerned when we go up to Sacramento.”
Appearing subdued, Wagner said, “Yes, I am going to support the city’s plans. We will have a united front” in apparant contradiction of comments made when he called Malibuites who oppose RWQCB “hypocrites.”
Councilmember Pamela Conley Ulich did not enter the fray. She accused the council members of playing politics. “I am not going into this. I know it is the political season,” she said.
At the same time, Wagner had requested an agenda item concerning setting receiving water standards for Malibu Creek. Wagner asked Stern to support putting the matter on the agenda, which he did.
Wagner, in a recent news article, stated that the city should establish its own receiving water standards. Wagner and Stern requested the city council consider authorizing such an ordinance that would establish clean water standards to reduce the amount of pollutant loading entering Malibu Creek from upstream of the city’s northern boundary.
However, council members were told that municipalities can only look within their own boundaries. They cannot impose sanction on others.
“That is the statutory limitation,” said Karl Berger, counsel representing the city attorney’s office.
City Manager Jim Thorsen reiterated the legal position. “The attorney said we cannot look at pollutants only the RWQCB [is authorized]. We can only look at our own city,” Thorsen said.
Wagner said he wanted to establish standards for the water that comes from out of the area.
Stern asked what Wagner wanted to do given what they had just been told. Thorsen said they could establish standards for Malibu. Standards are already set by federal and state law.
Wagner wanted to know if the city could establish standards for upstream cities, but was again told no.
When it came time for the public to comment, consultant Norm Haynie said the city could do some testing of what pollutants that come into the city and into the creek and lagoon. “We are taking care of our own load, but the RWQCB says that is not enough,” he added.
Council members agreed with the need for more testing and said the city has failed to get the word out about what it has done.
“The city has been doing a bunch of things. We need to get that out there. The rest of the community doesn’t seem to know it,” he said.
Sibert said part of what is needed in the final analysis is the city needs to know where all of the pollutants are coming from. “We need to do analytical studies. We need to monitor what is coming into the city. It is not a major expense. We need to know what is the base line,” Sibert added.
The mayor said she needed clarification, asking, “What can or cannot be done?” Berger said the city cannot regulate point sources outside of its jurisdiction.
Stern asked Wagner directly. “In light of the information what do you want to do?” he asked.
The mayor said she totally agreed about testing at the boundaries of the city. “That is part of it,” said Wagner. “We can’t do it legally, but we could put it on the books.”
Berger said that is not the case. “It is an issue of enforcement. Who is polluting? It is a difficult case to bring to court,” Berger said.
Stern tried to ask again. “What do you want to do tonight?” he asked.
Wagner said to put some funding together to do the testing.
Sibert agreed. “We need to ID those things coming into the city,” he said.
At that point, Conley Ulich contributed to the discussion, saying she thought most of that kind of testing was already being done in the city.
Calling upon grants consultant Barbara Cameron, Conley Ulich said “Can you explain how much?”
Cameron told council members that much of the testing they were talking about is being done. “We are currently testing [through contracts with the USGS]. It is the most sophisticated testing in the U.S. We are testing the receiving waters, testing the ground water, testing the creek and lagoon. It is phase one of the project. The results are coming back. We have moved the sampling site upstream to the city boundary in Malibu Creek,” she added.
Cameron said the testing uses radio isotopes so that the origin of the pollutants can be determined. The testing can determine if the water is potable, if it is from the Colorado River or if impurities are naturally occurring. The samplings can determine the source of the pollutants.
Cameron also explained that each upstream city has its own set of water quality rules, regulations and permitting process. “Those cities are regulated and permitted. The RWQCB is the responsible agency,” she added.
Wagner then asked if all the pollution then was from Malibu. “We don’t know yet, “ said Sibert. We need to get some kind of understanding of where it is coming from,” Sibert said.
“It could be natural processes. We might have to shoot the deer,” said Barovsky.
Wagner said maybe it was time to hold off and look at wastewater systems. The meeting adjourned.

Potential Council Candidates Begin to Return Nomination Filing Paperwork

• Some Hopefuls Have Already Kicked Off Their Campaigns

BY BILL KOENEKER

Malibu City Council hopefuls began returning their nominating papers for the April municipal election this week. It is the first step in the process of seeking one of the two four-year term seats that are on the ballot this year.
Michael Sidley became the first candidate to submit his nomination packet for scrutiny by the city clerk. Others who returned papers include Ed Gillespie, Lou La Monte, John Mazza, Steve Scheinkman and Harold Greene.
Council hopeful Harold Greene returned the nomination packet on Tuesday afternoon. Laura Rosenthal said she will return her packet in the next day or two. Walt Keller, who said he would step aside if he found two candidates he could endorse, said he still has not decided if he is going to return the paperwork.
Neither Jan Swift, Kofi, nor Regan Schaar had returned papers by Tuesday afternoon. The deadline for returning papers is Friday, Jan. 15.
As soon as some of the candidates returned packets, they were issuing press releases and stating positions.
In a press release issued this week, Sidley, who resides with his wife Wendy, the president of the Malibu High School PTSA, and two children, 11 and 13, in Serra Retreat, stated that finding a funding solution for the Civic Center septic ban, which includes Serra Retreat, and passing a view protection ordinance are two of his top priorities if he is elected to the council.
Repeat candidate John Mazza, and Malibu Park activist Steve Scheinkman this week launched a joint campaign, when they returned their packets to City Hall to capture the two vacant seats in the April municipal election.
A joint press release issued by the candidates states that the two share a common vision for Malibu that developed during lengthy conversations they have in recent months. Both are retired and had extensive experience in business.
Scheinkman, married to Nina and the parent of five children, is described as having been president, CEO. and COO in companies serving multiple industries, including aerospace and defense. Before moving to Malibu three years ago, he served as a board member of the Hidden Hills Community Association and is said to have participated in the effort that successfully defeated the development of the Ahmanson Ranch, which became a park.
Since moving to Malibu, Scheinkman has become involved in youth athletic programs, serving as a soccer and baseball coach and is currently a member of the PTSA and the Shark Fund at Malibu High School.
Mazza, who lives on Point Dume with his wife Robby, is a 38-year resident and has been involved in local politics and community service for much of that time. He currently serves on the city’s planning commission. Mazza previously ran twice for city council and has served as the president of Malibu Riviera I, president of the Point Dume Community Association and director of the Malibu Arts Foundation.
The press release states both men share the same outlook on Malibu. Mazza said, “Protecting Malibu’s rural character and the water along our beaches, ensuring the health, safety and welfare of Malibu residents and expanding the educational and recreation opportunities for Malibu youth are issues that we believe are most important to Malibu residents.”
Scheinkman added, “Both John and I will draw upon our successful business backgrounds and extensive community service experience to develop solutions for keeping our water clean, protecting our homes from fire and implementing infrastructure improvements to meet the needs of a growing population. We are committed to rebuilding relationships with outside agencies and bringing local control back to Malibu while keeping the promise to protect and preserve the natural resources and rural characteristics we all cherish.”
Lou La Monte has been a producer and director in the film and television industry for over thirty-five years. He was with the CBS television network for over a decade, then formed his own production company.
He then began working on advertising and has “won every major award including the Clio.”
La Monte and his wife Laraine moved to Malibu in 1992 and have two children, 21 and 14. The family are members of Our Lady of Malibu.
La Monte became involved with the Big Rock HOA in 1998 and was elected president. He is described as a “leader in the fight against the proliferation of luxury drug rehab centers in Malibu.”
La Monte and other HOA board members take credit for securing over $125,000 in state and federal fire prevention grants, including introducing goats into the area for brush clearance.

Planning Panel to Consider High School Field Lighting

• Critics Fear Limits Won’t Be Binding

BY SUZANNE GULDIMANN

On Jan. 19, the City of Malibu Planning Commission will consider a plan to permit temporary athletic field lights at Malibu High School that would require a Local Coastal Program amendment, as well as a Zoning Text Amendment and changes to the city’s municipal code.
The plan to provide night lighting for the school’s football program has met with vehement opposition from residents and environmental groups, including the Sierra Club.
Even in its current form, which would limit lighting to a set number of football games and practices at the high school campus, the plan continues to be highly controversial. The staff report includes letters from 35 residents opposing the lights and 16 pages of opposition petition signatures but only two letters in support of the lighting plan, one of which expresses numerous concerns about the current proposal.
The lighting plan first surfaced in August 2008, when the Santa Monica Malibu Unified School District unveiled Measure BB improvement plans for the Malibu campus that incorporated artificial turf, concrete bleachers and permanent athletic field lights that could potentially be used more than 200 nights a year.
Research into the permanent lighting plan revealed that a deed restriction prohibiting permanent or temporary field lighting had been imposed on the property in 2000 by the California Coastal Commission. The temporary lighting used by the school for the past seven years was found to be in violation of the campus’s Coastal Development Permit as well as the City of Malibu’s Local Coastal Program and municipal code.
Abandoning the permanent lighting plan in favor of temporary lighting, the board of education passed a resolution exempting the district from the City of Malibu’s municipal code in July 2009. Having circumvented city oversight, the district proceeded to pursued an amendment to the MHS CDP from the Coastal Commission to permit temporary lighting for a maximum of 16 nights. The commission unanimously denied the request.
The district then returned to the City of Malibu to request LCP and zoning text amendments. A revised lighting plan was heard by the Zoning Ordinance Revision and Code Enforcement Subcommittee in December. It will now be discussed by the Planning Commission.
The initial ZTA proposal would have permitted athletic lighting at all institutionally zoned properties in the city. The current request limits prospective lights to the high school and restricts their use to a limited number of football games and practices during the fall and winter months only, excluding other sports activities.
ZORACES heard extensive public comment and made several recommendations, adding that “substantive” enforcement measures be implemented to ensure that the district complies with the regulations and that public notification requirements for a Conditional Use Permit should be based on the contiguous MHS campus boundary.
The CUP is seen as a tool to help enforce the regulations, and would specify the restrictions and the maximum number of nights. The district ould be required to obtain a CUP from the city before the lights could be deployed. However, lighting plan critics question whether the CUP would be binding, because the district considers itself exempt from municipal authority, although acknowledges it is subject to the LCP..
If the Planning Commission recommends the item for approval, the City Council will hold a public hearing to consider an ordinance to amend the LCP and City’s Zoning Ordinance. Final approval for the LCP amendment will then rest with the Coastal Commission.
The Planning Commission meeting is scheduled for Jan. 19, 6:30 p.m. at City Hall. The agenda and staff report are available at http://www.ci.malibu.ca.us

Schools Superintendent Brings Budget Woes to Malibu to Build Support for Another Parcel Tax

• Phone Polls Show ‘Lukewarm’ Support of Spring Tax Vote

BY SUZANNE GULDIMANN

As state budget resources continue to shrink, the Santa Monica Malibu Unified School District, which is facing a $12 million deficit this year, is reaching out to the community for support with a series of budget presentations. The Malibu session will take place on Thursday, Jan. 21, from 7-9 p.m., at the Malibu High School auditorium.
In an open letter to the Malibu community dated Jan. 8, district superintendent Tim Cuneo wrote: “We can all take pride in the accomplishments of our district and its students. During the State of Our Schools presentations this fall, I reported that our district’s students continue to grow and outperform other districts on the state and national performance levels. This could not have been accomplished without the dedication and commitment of all district employees to the success of our students. Their efforts have made a difference in the lives and futures of the students that we serve.
“I also reported that the district has had to deal with a major state budget shortfall to education over the last two years, resulting in the district making $4.5 million in cuts last year. As a result, the district must continue to prepare to make significant budget reductions to maintain a balanced budget, as required by law. These reductions, based on current information, could be as much as $8 million for the 2010-11 school year. Indications are coming from Sacramento that when the Governor proposes the 2010-11 state budget this month, there will still be multi-billion dollar deficits and most likely continued under funding of public schools. The budget picture could worsen.”
The letter outlines a number of possible cost-saving measures, including reducing the school year by five days; scaling back summer school programs; conserving energy and utilities; additional increases in class size at all grade levels; and reductions in staff at both the district and school level that could include librarians, nurses, councilors and classroom aids.
A new parcel tax that could potentially generate around $6 million annually for five years is also part of the district’s budget plan. On Jan. 6, the committee established to study the feasibility of a new tax recommended that that board of education pursue placing the property tax on the ballot in the spring, despite what one committee member described as a “lukewarm” response to phone polls of district residents.
The committee, which is expected to present its findings to the board of education on Jan. 14, will reportedly recommended that the district pursue a special election, rather than attempt to place the item on the general election ballot.
A special election would potentially cost the district substantially more than placing the item on the June general election ballot—but would theoretically improve the district’s chances of passing the measure, which will require a two-thirds majority. A senior citizen exemption is anticipated to be included in the tax proposal.
District residents voted in 2008 to remove a sundown clause on the existing $346 parcel tax, enabling the district to collect the tax in perpetuity. The new tax could add an additional $225 to the existing tax, although official numbers have not yet been released.
The parcel tax committee examined the potential for a $425 parcel tax, which would have eliminated the current budget deficit, but reportedly found little support for the higher tax.
Rebecca Kennerly, former district PTA president who currently chairs the education advocacy group Community for Excellent Public Schools, has gone on record saying that the California’s current economic crisis has eroded some support for additional local contributions to the district.
Observers are already predicting that the measure will be a tough sell. Although district voters have been highly supportive of school bonds in the past, soaring 2009 foreclosure rates and job losses in Santa Monica, which has the majority of the voters in the bifurcated two-city district, may make even a temporary emergency tax unpalatable to already beleaguered residents.
Additional information on the budget is available online at www.smmusd.org

Publisher’s Notebook

It’s Time to Consider a ‘Mitrice Richardson Law’ •

ANNE SOBLE

Saturday’s search for clues to the whereabouts of Mitrice Richardson, who has now been missing for four months after being released from the Lost Hills Sheriff’s Station on two alleged misdemeanor counts that occurred in Malibu, was a monumental effort. Search and rescue crews from numerous SoCal counties that rank among the best operations in the nation gave their all in the 10-hour effort.
Privately, however, some crew members told the Malibu Surfside News that their skills and equipment are best for finding live victims not long after their mishaps occur. One grizzled veteran of more searches than he can list said the Santa Monica Mountains are able to swallow large automobiles whole, let alone a slight young woman, inadequately attired for wilderness exposure, who may have been grappling with mental illness. There have been cases where remains of the deceased were not discovered for years because they were hidden in shoulder-high chaparral and were found only by accident when an intrepid hiker waded into hostile terrain.
The criticism of the Los Angeles County Sheriff’s department’s booking and release polices continues to grow louder. One counter to this kind of tragedy happening again is consideration of what the missing woman’s father calls the “Mitrice Richardson Law.” A “Mitrice’s Law” could revamp law enforcement policies for booking and releases at late hours in remote locations, especially with regard to individuals who appear to be exhibiting signs of mental stress or illness.
The Malibu City Council has already expressed its heartfelt concern about the mysterious disappearance of a visitor to our community who was in its contract law enforcement agency’s care. The council could take the lead in calling for the need for this policy review and promoting a Mitrice’s Law.
Malibu should stand up for revised LASD booking and release policies. Certainly no one should be released from the local sheriff’s station alone on foot, ill-equipped for the elements, without money or means of communication, at midnight. That there might also be issues of race and gender involved in the treatment received by Richardson should also be part of the discussion.
This doesn’t call for what one LASD official said is “baby-sitting” or a potential violation of civil rights. The new law could be the means to make the LASD’s statement of “core values” on the back of its business cards, which reads, “As a leader in the Los Angeles County Sheriff’s Department, I commit myself to honorably perform my duties with respect for the dignity of all people, integrity to do right and fight wrongs, wisdom to apply common sense and fairness in all I do and courage to stand against racism, sexism, anti-Semitism, homophobia and bigotry in all its forms,” ring truer than ever.

Family Is Told FBI Will Not Join Mitrice Richardson Investigation: Major Field Search Yields No Clues to Missing Woman’s Whereabouts

• Family Expresses Appreciation for Saturday’s Effort But Still Holds LASD’s Feet to the Fire

BY ANNE SOBLE

Over 300 members of highly trained and well-equipped search and rescue crews from Los Angeles County and other Southland communities combed an 18-square-mile area of rugged terrain in Malibu Canyon last Saturday and found no new clues to the whereabouts of 24-year-old Mitrice Richardson, who has been missing since Sept. 17.
The 10-hour search, coordinated by the Los Angeles County Sheriff’s Department and the Los Angeles Police Department, included teams on foot, horseback. mountain bikes and all-terrain vehicles. The LASD Rescue 5 helicopter transported crew members into what would otherwise be inaccessible terrain.
Family members gathered at the search command post, including Richardson’s parents, Latice Sutton and Michael Richardson. They thanked the agencies and volunteers for their efforts, even as they continue to hold the LASD responsible for their daughter’s disappearance.
Mitrice Richardson, a Cal State Fullerton honors graduate preparing to begin substitute teaching and start graduate work in clinical psychology, mysteriously vanished after reportedly walking out of the Lost Hills Sheriff’s Station at 12:25 a.m. on Sept. 17, 40 miles from her home. She was alone, inadequately attired for cold weather, and without money, cell phone or means of transportation.
Richardson had been booked at Lost Hills on two misdemeanor counts after being placed under citizen’s arrest the evening of Sept. 16 by personnel at Geoffrey’s restaurant for one of the counts—not paying an $89.51 dinner tab.
Richardson’s father says he “was told by Lost Hills that the restaurant’s manager insisted that she be taken in for booking.”
The young woman’s speech and behavior were described by people at the restaurant as “crazy,” but at Lost Hills, LASD personnel said she was lucid and they had no cause to detain her.
The second count was for possession of less than an ounce of marijuana that was reportedly found when deputies searched the woman’s car, which was then impounded, even though both of the charged allegations are usually field citations.
Journal entries found in that vehicle during a subsequent search have been interpreted by mental health professionals to show Richardson may have experienced days of sleep deprivation and was exhibiting signs of mental illness, possibly bipolar disorder.
Michael Richardson is also asserting that he has since determined that his daughter’s vehicle was experiencing mechanical problems, which might explain her being in Malibu when she was.
He told the Malibu Surfside News that the mechanical issue “makes those sheriff’s deputies and the Geoffrey’s manager liars.” He indicated that he will soon make “more information about the car and what it might mean public.”
FBI DENIES REQUEST
Richardson’s father also told The News this week that Sheriff Lee Baca informed him on Tuesday that the FBI has denied a request to become involved in the investigation.
Family members have been adamant that the FBI must be brought into the investigation—currently under the direction of the LAPD because Richardson is a Los Angeles resident—as it has not addressed numerous inconsistencies in official statements.
Michael Richardson said, “The FBI is the only agency that can investigate all 20 of the inconsistencies and suspicions “[connected with LASD spokesperson] Steve Whitmore, [Lost Hills Sheriff’s] Captain Tom Martin and the officers on duty the night of Mitrice’s disappearance.”
Congressmember Maxine Waters, in whose district the woman resides, had asked the FBI to look into the circumstances of her arrest, as well as the handling of her booking and release from LASD custody.
The father said he now wants “a federal grand jury, where individuals can go to jail for perjury and possibly lose their pensions and careers. Only then, will people start talking.”
LASD CRITICISM
Michael Richardson paraphrased the LASD stance as one of, “Just keep your mouth shut, they don’t have anything. The father is just shooting off at the mouth. We can fix this as long as no one breaks under pressure.”
The missing woman’s father maintains, “People are just hoping I go away, but Sheriff Baca is not going to save these people. They’re going to jail. It’s taking longer because Sheriff Baca would rather put on the show he did Saturday, than have it hit the air waves that his precious deputies did something wrong to Mitrice Richardson.”
The missing woman’s official LAPD description is “African-American with brown hair and hazel eyes. Five-feet-five to five-feet-six inches tall and weighs about 135 pounds.” She was last seen wearing a Bob Marley dark T-shirt and blue jeans.
For more information, see Latice Sutton’s website at www.findmitrice.info, Michael Richardson’s site at www. bringmitricehome.org, or contact Dr. Ronda Hampton at 951-660-8031, or LAPD Homicide Lieut. Charles Knolls or Detective Steven Eguchi at 213-486-6900.

One More Prospective Candidate Has Pulled Election Nominating Papers

• The Deadline to Submit Completed Forms Is Jan. 15

BY BILL KOENEKER

Michael Sidley, a Serra Retreat resident, pulled nominating papers for the upcoming Malibu City Council election this week, according to the Malibu City Clerk’s office.
Sidley is the ninth individual who has pulled papers. The action is the first step for campaigning for the April city council election, when two seats are up for grabs. Both Mayor Sharon Barovsky and Councilmember Andy Stern are termed out of office. No one has yet returned nominating papers.
Sidley said he wanted to run because the city, more than ever, needs quality leadership and he finds it lacking. He said he watched in amazement as the city “gave away $1 million to two sophisticated businessmen.”
Sidley is referring to the bailout loan package offered to the two developers of the Malibu Lumberyard.
“We need bright creative minds,” Sidley said. “I grew up here. My children are growing up here. I want to see the community grow in the right direction. We have complicated, potentially expensive issues,” he said.
Sidley, an attorney, is head of his own firm, the Sidley Law Group, which specializes in civil litigation and criminal defense in federal and state courts.
Sidley was a public defender with Los Angeles County for a brief stint before he began private practice. He has worked in various national presidential campaigns for Walter Mondale, Michael Dukakis and Bill Clinton.
He has also been involved in state politics, including acting as chair of the Democratic Party Assembly Committee from 1995 to 1997. according to the firm’s website.
Other potential candidates who have pulled papers include education activist Laura Rosenthal, who has been president of the Santa Monica Malibu PTA Council, and announced her candidacy several weeks ago.
Rosenthal also helped spearhead a recent effort to consider separating Malibu from the Santa Monica-Malibu Unified School District.
Rosenthal has been vocal supporter of many of the school district’s tax and bond measures. She is active at the Malibu High School campus and has been involved in school board and city council campaign activities. Rosenthal currently serves on the city’s Public Works Commission.
Rosenthal’s campaign manager is Kathy Wisnicki, who unsuccessfully ran for a council seat in 2008. The former UCLA researcher represented Malibu on the SMMUSD board for more than three years.
Another council hopeful is Ed Gillespie, who serves on the city’s planning commission and is a past president of the Malibu Chamber of Commerce. He is a yacht broker. Gillespie pulled papers for the last council race, but was stopped by out-of-state family matters that kept him from running in 2008.
Gillespie ran in 2006 and cited his top priorities as establishing a sheriff station in Malibu, obtaining more funding for schools and ensuring a safe Pacific Coast Highway.
Another individual who has announced his candidacy and pulled papers is Lou La Monte who has served on the city’s Public Works Commission and the View Preservation Task Force.
La Monte has also been active in his neighborhood, serving as the president of the Big Rock Mesas Property Owners Association. La Monte became a minority voice on the View Preservation Task Force and was persuasive in having the council endorse the idea of a minority report. La Monte opposed the task force majority approach to view preservation and was seemingly successful in reducing the task force’s impact on the city council.
In an email announcement of his candidacy, La Monte has said he was prepared to support Rosenthal. Former Councilmember Joan House, currently a planning commissioner, has offered to be his campaign manager.
The announcement went on to talk about how outside government agencies have had undue influence on Malibu and that it is important for Malibu’s leaders to have the ability to bring the community together to defend its right of self-determination.
Harold Greene, an attorney, is no stranger to local politics, having run for city council during the early years of incorporation when the race became so heated Greene filed a lawsuit against one of the candidates that went on long past his unsuccessful run for a council seat.
For years he has played a role in producing Chumash Day and has served as a member of the city’s Native American Cultural Resources Advisory Committee. Greene is said to have been instrumental in shaping that panel’s current policy.
He most recently served on the View Preservation Task Force as a majority member.
A UCLA School of Law graduate, Greene began his career in workers’ compensation and took various roles on committees, commissions and panels involving workers’ comp issues in the state.
Jan Swift may be as best know for some of the headlines he generated after he failed to qualify for running as a city council member during a previous election. His trouble with the law over a civil dispute brought more attention his way, but the city council hopeful met it head on with interviews with the local press laying out his case to the public.
Swift had promised his campaign would be old-school and that he would represent the folks who were getting squeezed out of Malibu. He said he also had developed a sense of how water quality issues impacted Malibu and learned the details of septic systems and sewage treatment.
Regan Schaar was appointed to the planning commission by Councilmember Pamela Conley Ulich. Schaar said she developed a sense of how planning and permitting impacts applicants not only because of her stint on the planning panel, but also because she and her husband built a house, since sold, in Malibu and experienced all of the highs and lows and ins and outs of working with city officials.
Schaar has spoken often of the frustration she has experienced about how the city was proceeding in its buildout of the Civic Center with no specific plan or overriding guidelines for development.
Kofi, who goes by one name only, is more of a mystery and has already generated much speculation. He gave his address to the city clerk, which is the same address of the Cliffside Drive home that was sold by Cher in the late 1990s. The property is currently on the market. The listing agent was unavailable for comment.
There is no lack of association between Kofi and Cher when surfing the web. The name pops up several times either on Cher’s albums, where she has dedicated the work to a Kofi or apparently possibly other Kofis that have produced Cher’s albums or performed on them, including Kofi Baker, the son of Ginger Baker, a well-known drummer of the ’60s.
Walt Keller, who was elected a member of the first city council and selected by the council to serve as first mayor, said he pulled papers because he wants the city and its leaders to adhere more closely to the original mission statement of the city. He said he would gladly step aside if he could find two candidates who espoused such views.

School District Hopes to Access Federal Funding Program If State OKs It

• Legislature Grapples with Criteria

BY SUZANNE GULDIMANN

The Santa Monica-Malibu Unified School District Board of Education, at a special meeting on Monday, Jan. 4, voted to approve a Memo of Understanding with the state of California to participate in the state’s bid to compete in the federal “Race to the Top” education grant program. However, the state legislature is still arguing over SBX5-4, the bill that would authorize the state’s participation in the federal program.
The California legislature’s discussion stalled again on Jan. 4, and the vote is now anticipated to take place after the Malibu Surfside News goes to press on Jan. 5. The deadline for the state application is Jan. 11.
Described as “the centerpiece” of the Obama administration’s education reform efforts, RTTT will provide $4.35 billion for education grants to states with schools that meet targeted reform goals in four areas: “adopting internationally benchmarked standards and assessments that prepare students for success in college and the workplace; recruiting, developing, rewarding, and retaining effective teachers and principals; building data systems that measure student success and inform teachers and principals how they can improve their practices; and turning around our lowest-performing schools,” according to the Department of Education’s website.
Cash-strapped California could potentially receive up to $700 million in RTTT grants, provided that its “Local Education Authorities,” which include participating school districts, county offices of education and charter schools, meet the federal criteria.
Controversial aspects of the criteria that have sparked months of debate in California include the mandatory annual review of teachers and principals, and the requirement that the lowest five percent of “persistently lowest achieving schools” be reorganized and restaffed, transformed into charter institutions or closed.
The MOU approved by the SMMUSD board of education establishes “a framework of collaboration and articulates specific roles and responsibilities for the LEA and the state in the implementation of an approved RTTT grant,” the SMMUSD staff report states.
“As a condition for participating in and receiving an allocation of funds under the state’s Race to the Top program, [the district] must enter into an agreement with the state that will describe more specifically the mutual responsibilities of the State and LEA for planning and implementing the state’s plan.”
Whether the state is willing to enter into an RTTT agreement with the federal government remains to be seen.

EPA Workshop to Air Consent Decree TMDL Scheduling for Areas that Include Malibu

• Schedule Goes to RWQCB in March

BY BILL KOENEKER

A workshop to provide an update on the limits established for pollutants allowed in the impaired or polluted waters in the Los Angeles region will be held on Jan. 25 from 10 a.m. to noon at the USEPA Southern California field office at 600 Wilshire Blvd., Suite 1460.
The session will focus on the scheduled completion based on what is called the “Consent Decree on Total Maximum Daily Loads,” in the Los Angeles region in impaired waters.
The consent decree is the outgrowth of litigation in 1999, when Heal the Bay and the Santa Monica Baykeeper sued the U.S. Environmental Protection Agency over violations of the federal Clean Water Act.
That consent decree requires addressing all impaired waters that were identified on the Los Angeles region’s 1998 303(d) list within a 13-year period, according to EPA documents.
The workshop will present the current schedule of TMDLs to be established by the EPA and those to be adopted by the Los Angeles Regional Water Quality Control Board before March 24, 2012.
The federal Clean Water Act requires the states to develop TMDLs for surface waters that do not meet and maintain applicable water quality standards. A TDML sets the amount of a given pollutant that the water body can withstand without creating an impairment of that surface water’s designated use. The TMDL, by definition, is the sum of all waste load allocations (point source) and load allocations (non-point source) with the inclusion of a margin of safety and natural background conditions, according to the EPA.
Those attending the session must RSVP to Cindy Lin at 213-244-1803 for secure entry into the building.

Coastal Commission to Consider Support of Bid for Designation of World Surfing Reserves

• Local Waters Are Among Nine U.S. Surf Breaks on the List

BY BILL KOENEKER

The California Coastal Commission is expected to approve a resolution at its meeting this month, supporting the designation of world surfing reserves. Malibu is included as one of the nine surf breaks in the United States nominated for the designation, according to a commission staff report.
The proposed resolution was brought to the attention of the coastal agency by Save the Waves, a group of surfers, scientists and activists, who are urging that the unique surf spots of the world need added protection.
The Coastal Commission’s interest is two-fold, with an emphasis on how man-made structures such as groins, jetties, breakwaters, seawalls, harbors and artificial reefs, can change or destroy surf breaks.
The commission’s staff report details the agency’s own experience in permitting a structure that destroyed a surf break in El Segundo.
Citing historical documents, the coastal agency report notes how surf breaks were obliterated in other parts of Southern California, including in Orange County, a break known as Stanley’s Diner.
Another surfing spot, described as one of the most memorable breaks that vanished, was Killer Dana that was destroyed after the construction of Dana Point Harbor.
Surfers and other activists at the grassroots level are calling for action to protect local surf breaks for future generations.
Save the Waves has maintained a list of surf breaks around the world that are threatened by potential development.
The surf reserves are loosely based on the same concept as World Heritage Sites. Australia already has a similar program called Australian National Surfing Reserves.
Currently, the WSRs have no legal mandates or international recognition or government protection and are still described as “paper parks.”
However, Save the Waves envisions the WSRs one day having formal legal protection. The group partnered with the International Surfing Association and its affiliated National Governing Bodies to solicit nominations. The 2009 nomination process closed on Sept. 30 after 124 entries had been received.
The CCC report indicates the commission’s approval of the resolution supporting WSRs “will demonstrate support for the concept that surf breaks are a valuable natural resource in the state that must be protected consistent with the Coastal Act.”
Currently, the Coastal Act requires that coastal areas suited for water-oriented recreational activities that cannot readily be provided at inland waters areas, such as surfing, should be protected and that lower cost visitor-serving recreational facilities, such as a surf break, should be protected, according to the commission staff report.
The WSR designations may function to assist the commission in future decision-making relative to the protection of unique wave rider places along the California coast, the CCC staff report suggests.

LAPD and LASD Plan Major Field Search This Saturday for Mitrice Richardson

• Joint Forces to Comb Large Expanse in Area Where Woman Went MIssing

BY ANNE SOBLE

The County of Los Angeles Sheriff’s Department and the City of Los Angeles Police Department will join forces for a major field search of the greater Lost Hills/Malibu Canyon area on the morning of Saturday, Jan. 9, for the Watts woman who disappeared after being released from the Lost Hills Sheriff’s Station on Sept. 17.
LAPD Detective Steven Eguchi told the Malibu Surfside News on Tuesday that representatives of the two agencies met last week to set the date and specifics for the search, which will include county search and rescue crews who took part in the massive effort undertaken two weeks after Mitrice Richardson went missing.
Richardson, who was preparing to begin substitute teaching and doctoral work in clinical psychology, mysteriously vanished after reportedly walking out of the Lost Hills station at 12:25 a.m. on Sept. 17, 40 miles from her home. She was alone, inadequately attired for cold weather, and without money, cell phone or means of transportation.
The 24-year-old had been booked on two misdemeanor counts after being placed under citizen’s arrest the evening of Sept. 16 by personnel at Geoffrey’s restaurant for not paying an $89.51 dinner tab. Her speech and behavior were described as “crazy” by people in the restaurant, but when she was taken to Lost Hills, sheriff’s personnel said she was lucid and they had no cause to detain her.
In November, writings found in the woman’s car, which was impounded at the time of her arrest, were interpreted by health professionals as documentation of up to a week of sleep deprivation and possible signs of serious mental illness.
Representative Maxine Waters, who is the Congress member for Richardson’s district, has asked the FBI to initiate an investigation into her disappearance and the circumstances of her arrest and subsequent handlingof her booking and release from LASD custody.
FBI Director Robert Mueller has not yet replied to Water’s request, so bureau personnel are currently not expected to take part in the upcoming search.
An online justice activist group—Change.org located at www.change.org—has collected 4439 signatures toward a goal of 5000 signatures on a petition urging federal investigation of Richardson’s disappearance.
Richardson is described on the LAPD blog as an “African-American with brown hair and hazel eyes. Five-feet-five to five-feet-six inches tall and weighs about 135 pounds. She was last seen wearing a dark shirt and blue jeans.”
For more information, see www.findmitrice.info or contact Dr. Ronda Hampton at 951-660-8031, or LAPD Detectives Charles Knolls or Steven Eguchi at 213-486-6900.

Corral Residents Urged to Attend Fire Suspects Hearing

Corral Canyon fire survivors and other area residents are being urged to attend a hearing for two of the alleged starters of the 2007 wildfire scheduled for Thursday, Jan. 14, in Dept. V in Van Nuys Superior Court.
Defendants Brian Anderson and William Coppock, viewed by the Los Angeles County District Attorney’s office as the most culpable for the runaway inferno that claimed 53 homes, are scheduled to litigate their motion to dismiss.
If the duo plead to counts, a trial would no longer be required and the pair could proceed to sentencing, which residents have said they want to be involved in actively.
The Corral Operation Recovery Group spearheaded by Beverly Taki is organizing turnout at hearings where resident presence might make a difference.

Publisher’s Notebook

• Taking on ‘Twenty-Ten’ •

ANNE SOBLE

The end of the year 2009—indeed, the end of the first decade of the twenty-first century—was a Malibu day at its best. As I settle down for the first working session of the new year, I am bemused by those who feel the need to debate whether 2010 should called “Twenty-Ten” or “Two Thousand and Ten” when one is saying the year. It’s as if one couldn’t comfortably use one or the other depending on the context, or that this even really matters. The how-to-say-it issue is a reminder of the Y2K quandary that had some people going on and on about how to use that term to represent the year 2000. The wrangling was compounded by those who wanted to argue about which century it belonged in.
There is something so invigorating and optimistic about the start of a new calendar year. Even though I use computer and cell phone applications to handle most of my planning and scheduling needs, every year I faithfully order the same model of the 5-inch by 8-inch, page-per-day datebook from Maryland that I have used for over a dozen years. I don’t use the datebook for as many notations as I do the electronic calendars, but there’s something compelling about being able to hold the promise of a new year in my hands. While the apps are predicated on abstractions, the pages are real and constant.
All that notwithstanding, I prep my computer calendar first. It’s been a hectic week so I haven’t had time yet to organize my print datebook. I will make time in the next few days to insert the monthly page separators in their proper places and note the important annual events on the appropriate pages. The keyboard is faster but the physical connection between the hand, the pen and and the eye has an intimacy that acknowledges the importance of these events. Writing down special dates provides visceral assurance of one’s participation in the future and a continuation of the personal aspects of our lives that help to define our uniqueness.
When I’m finished setting up the datebook, there’s a sense of accomplishment that can’t be matched on the small or the large screen, no matter how much greater the efficiency ratio is. I know that there will be many days in 2010 when I won’t open the book at all. The apps will be do the lion’s share of the routing of the day’s activities. But I will regularly check the datebook to supplement my electronic tools and to renew that magical sense of possibility.