Residents Have Several Options for Tuning In to State-of-the-City Speech When Municipal Officials Highlight Accomplishments

• Mayor’s Annual Address to Be a Video Presentation Focusing on a Year of Diverse Policy Issues

BY ANNE SOBLE

City residents will have several options for fulfilling the civic obligation of participating in this year’s State-of-the-City address, the annual assessment of municipal public policy from the perspective of Malibu’s elected officials and staff and a preliminary look at some of the city’s policy goals for the upcoming fiscal year.

This year, the speech will be delivered in a video format by Mayor Lou La Monte, which should facilitate increased access to the city’s primary annual public outreach effort.

In order to reach as broad an audience as possible, allow maximum viewer flexibility, and make the speech available at no cost, the city issued an announcement this week that the video of the State-of-the-City comments “will be played on the city’s local access channel and will be viewable on the city’s website.”

Prior to that, in keeping with a longstanding tradition, the video will be the centerpiece of a breakfast on Wednesday, May 22, hosted by the Malibu Chamber of Commerce at City Hall.

Mayor La Monte will be at the breakfast to provide live backup for the video presentation.

In addition, Los Angeles County Third District Supervisor Zev Yaroslavsky, whose district includes incorporated and unincorporated Malibu, will attend the breakfast and present a look at the current county budget and other issues under the Board of Supervisors’ purview.

Prior to Malibu incorporation in 1991, the Chamber often was the organizational link to county government events related to policy issues, primarily economic, that involved the community.

The MCC State-of-the-City event will take place from 8:30 a.m. to 10:30 a.m, The cost for breakfast is $25.

City Manager Jim Thorsen told the Malibu Surfside News, “The Chamber has hosted this event for many years.” Thorsen said, “Last year, the Chamber of Commerce hosted the State-of-the-City breakfast meeting and charged a nominal fee to partially recover the cost of the catered breakfast.”

The city manager noted that, “In addition, the mayor performed the same State-of-the-City address [at no charge last year] at a city council meeting. The meeting was well advertised, but we only had a few people show for the address.”

Reservations are required for the Chamber of Commerce breakfast. They can be made at 310-456-9025 or by going to the MCC website at www.malibu.org

City Council Subcommittee to Review Proposed FY 2013-14 Municipal Budget

• Any Revisions in the Document Are Expected to Be Minor

BY BILL KOENEKER

No revisions have been made to the proposed budget for the next fiscal year as it wends its way this week through the Malibu City Council Administration and Finance Subcommittee, according to Assistant City Manager Reva Feldman.

The subcommittee, which meets this week on Tuesday as the Malibu Surfside News was going to press, is expected to review the document and make recommendations.

The council, at a previous meeting, took its first look at the proposed 2013-14 fiscal year budget.

The proposed document now includes general fund revenues of $21.73 million and general fund expenditures of $21.72 million, according to Feldman.

Feldman added a big plus in the revised picture was for the projected designated and undesignated general fund by June 30, 2014 is now anticipated to be $14.82 million.

The assistant city manager noted in her revised staff report, “Revenues and expenditures for fiscal year 2012-2013 and fiscal year 2013-2014 have been refined since the budget was presented to the council.”

She added,“The undesignated reserve is budgeted at 58 percent of the annual operating budget and exceeds the city’s goal of maintaining a minimum of 50 percent of the operating budget in reserves.”

In the revised staff report, Feldman explains how a proposed starting general fund reserve at July 1, 2013 of $12.62 million changed.

“This reserve is $2.8 million higher than the general fund reserve that was anticipated during the prior year budget development. The significant increase is due to the $1 million reimbursement that the city received from the Civic Center Wastewater Treatment Facility Communities Facilities District, $1.3 million of additional general fund revenue, $175,000 of legal fee reimbursements and conservative spending in Fiscal Year 2012-2013. “Strong reserves have been achieved while funding clean water programs, including establishing a $250,000 reserve as required by the Baykeepers/NRDC litigation and appropriating $113,000 for the Broad Beach Biofiltration Project and $110,000 for ASBS.”

Property tax revenue is projected to increase $325,000 to $7.2 million from the 2012-13 tax year.

No changes or further discussion has ensued since it was revealed how much more Malibu is paying for law enforcement services than other surrounding cities.

At the previous council session, Councilmember Joan House wanted to know how much other cities are paying for public safety most notably the contract for law enforcement services.

City Manager Jim Thorsen said other cities such as Hidden Hills, Westlake Village and Calabasas are about half of what Malibu pays, $3 to $4 million, while Malibu pays $6.5 million. “We are paying about double or triple. Santa Monica pays $91 million,” Thorsen said.

Sibert noted it is something the city has been concerned about. Santa Monica, a city of about 100,000, has its own police force.

Several years ago, the city undertook a study about the costs of it paying for its own in-house police force, but determined the undertaking would be too costly.

There has been no discussion at the council level if another study is warranted in light of the current costs.

County Seeks OKs to Construct New Point Dume Fire Station

BY BILL KOENEKER

The Malibu Planning Commission is scheduled to hold a public hearing on Monday, June 3, on permits and entitlements the Los Angeles County Department of Public Works seeks for construction for the new Fire Station 71 located on Point Dume.

The building plans include demolition of the existing facility and reconstruction of a new station on the site.

The current fire station is described as a “very simple vernacular structure constructed in 1939 that was altered in the 1960s with the addition of a small, shed roof office area at the southwest corner of the property, and is approximately 2260 square feet.”

The county proposes to expand the fire station to encompass a total of 5800 square feet.

The application notes that the proposed expansion would not increase the number of staff but would provide six individual dorms, separate shower facilities for male and female staff, and a new ADA compliant restroom, according to municipal documents.

The station living quarters would expand from 1277 to 3500 square feet.

The plans also call for three internal parking bays for a new fire engine truck and paramedic squad car. The new fire engine is currently housed outside of the apparatus bay.

The county is seeking a coastal development permit and conditional use permit for an increase of more than 500 square feet in the commercial neighborhood zone, a minor modification for a 38 percent reduction in the required front yard setback, variances for an increase in the maximum floor area ratio from 0.15 to 0.19,  a 74 percent reduction in the required east side yard setback, a 78 percent reduction in the required rear yard setbacks, an increase in the maximum height for a flat roof from 24 feet to 28 feet, parking within the front yard setback and a 21 percent reduction in required landscaping.

The county is also seeking a demolition permit to remove the existing fire station and accessory structures, according to municipal planning documents.

Clock Ticks for Final Cases Heard at Malibu Courthouse

• Future Legal Filings Will Be Calendared in Santa Monica or Van Nuys Facilities

BY BILL KOENEKER

Last November, the Los Angeles County Superior Court issued a press release announcing the closure of 10 courthouses, including the one in Malibu, and the shuttering of a dozen criminal courtrooms in an effort to deal with a budget deficit that could soar into the $80 million range.

That day came in a notice to attorneys recently that effective June 3, all new felony and misdemeanor filings previously filed at the Malibu Courthouse of the superior court must be filed at the Van Nuys Courthouse West, 14400 Erwin Street Mall, Van Nuys.

New filings for all traffic and non-traffic infraction cases must be filed at the Santa Monica Courthouse, 1725 Main St. in Santa Monica.

“As of June 3, 2013, the Malibu Courthouse will no longer handle any felony, misdemeanor or infraction cases/citation,” the superior court notice states.

An earlier notice states that effective last March, 2013 all Los Angeles Superior Court limited jurisdiction unlawful detainer cases must be filed in a regional ‘hub’ courthouse; downtown Los Angeles, Pasadena, Long Beach, Santa Monica and Antelope Valley.

Existing limited jurisdiction unlawful detainer cases will be handled where they were originally filed until court notification is given to litigants prior to their existing unlawful detainer cases being transferred to a hub courthouse, according to the notice.

Boundaries for new limited jurisdiction unlawful detainer case filings can be found at the court’s website at www.lasuperiorcourt.org.

The same method will be handled for new small claims cases, which also will be filed in six ‘hub’ locations. That directive took place last March.

All Los Angeles Superior Court small claims cases must be filed in a hub courthouse: downtown Los Angeles (Stanley Mosk), Antelope Valley, Alhambra,  Downey, Inglewood, and Van Nuys (east building).

“LASC will continue to adjudicate existing small claims cases where ever they were oringally filed. An LASC court clerk will notifiy the litigants before LASC transfers any existing small claims cases to a hub courthouse or sets any new hearing dates,” the notice concludes.

The amount of traffic generated by the consolidation and the lines predicted to form by the increased activity at the hubs has some Malibu observers wondering if the traveling judge could be brought back to town.

Trancas Highlands Property Owners Sound Off on Assessment Costs

• Some Express Concern that Increasing Price Tag for Utility District Might Mean They Lose Their Homes

BY BILL KOENEKER

A contingent of Trancas Highlands homeowners descended upon Malibu City Council chambers this week to caution about the ramifications of what they said could potentially be utility district assessments that could go as high as one million dollars.

Currently, many of the homes in the highlands area do not have potable water and must have water trucked to them and stored in onsite tanks.

Most of the homes were developed with wells, which seem to have dried out for the most part in the hilly area above Broad Beach.

“Many of us experienced ‘sticker shock’ regarding the challenge of financing the water project, particularly with the additional cost of taking down the telephone poles, as well as including natural gas,” said longtime resident Art Mortell.

Mortell said after doing the numbers for the cost of interest over 30 years and the taxes anyone will have to pay over 30 years, in order to make the annual bond payments, “which brings the total to as much as $800,000.”

Mortell said one solution might be to pay in advance, rather than incur the interest and taxes that triple the initial cost. But there was still many unanswered questions. “Paying in advance also increases the viability of selling our property when a potential buyer might otherwise be distracted by the annual cost that is added to the Los Angeles County real estate bill,” he added.

Mortell told council members most residents were under the impression the bill for the utility package would come to around $50,000.

Just several weeks ago, each property owner received a document outlining the costs.

Scott Tallal, who is one of the lead activists in the Trancas Highlands Homeowners Association, said, he does not know where that figure came from. “I never told anyone $50,000 [per household].

He acknowledged there is a group of people not happy with the results. “Nobody has done anything illegal. I did not get everything I wanted. I have a well that works,” he added.

Tallal said the entire project including undergrounding utilities, plus a water tank is estimated to cost $17.4 million. The undergrounding of utilities constitutes approximately $4.4 million of the price tag.

Realtor Gail Copley, who owns a vacant lot in the highlands, said property owners are asking for more time. “Let’s slow it down. It is a staggering cost,” she said.

She said it might be time to consider not undergrounding the gas and electric as originally proposed.

“I’m in favor of water, but considering another $70,000 for gas. We had one meeting and listened, then got the envelopes for the cost. There are hardship issues,” she added.

Another homeowner, Margaret Hauptman, who was not at the meeting, told the Malibu Surfside News, “I really want the water, but I wish we could get some help. Corral Canyon. Latigo Canyon. Why was Trancas left out [for water service]? The main issue here is fire protection. And it is a hardship. Why can’t we get the county or city to help?”

Tallal said the HOA has been turned down by every public agency they asked for help for fire protection.

“We looked years ago at an independent water district [run by ourselves]. But who would do the work? Who would answer the phone at 3 a.m.? Who would run the district?”

Another property owner’s letter was read questioning the fairness of the assessment district and asking why certain areas were not added or excluded from the boundary line.

“It excludes at least 13 parcels located in the very heart of Trancas Highlands. It excludes at least 10 parcels located in the north portion of the Trancas Highlands. Last but not least, it wants to include several parcels not being any part of the HOA. We believe the basic legality of the proposed Trancas Highlands utility project needs to be carefully reviewed before any voting can take place,” wrote Andy and Teresa Kanigowski.

Tallal said they do want to include more property owners since that would lower the costs. “We are waiting on that right now,” he said.

“There is this sense that we are trying to manipulate the people. I have never asked people to change their votes. Some people are disgruntled,” he added.

The Trancas Highlands group had petitioned the city for formation of a special assessment district to fund design and construction of public water facility. Other utility improvements proposed include undergrounding electric lines and extending underground natural gas, cable and telephone lines.

Last year, moving forward with the formation of the Trancas Highlands Utility Assessment District, the city council, without comment from the council or the public—there were no dissenters at the time, authorized the city manager to negotiate and execute an agreement with Penfield and Smith to provide consultation for the formation of such a district.

The district would include Trancas Canyon Road, Anacapa View Drive and the surrounding gated private streets and access easements in the Trancas Highlands neighborhood, according to city officials.

The homeowners within the proposed district have deposited $86,200 with the municipality, which will be used for studies of special tax, utility engineering, bond and legal counsel for the formation of the proposed utilities undergrounding district and water distribution system.

In addition, the planning commission approved a coastal permit for the construction of a public water system and dry utility infrastructure improvements in the highlands neighborhood and the installation of a 500,000 gallon tank.

Most of the neighborhood’s residents had shown up in chambers to urge the planning panel approval of the request.

“The entire neighborhood is here,” said Tallal at the time. “This is about fire protection. We desperately need this.”

Commissioners were assured the additional water would not be growth inducing, that it was designed to “just serve the neighborhood,” including 18 new fire hydrants.

The Trancas Highlands HOA successfully sought a permit for a project, which calls for the 500,000-gallon water storage tank constructed on a vacant lot at 31537 Anacapa View Drive, which is located in the northwest corner of the neighborhood, according to planning department documents.

No dissent was heard from any of the residents until this week. City Manager Jim Thorsen said the city and the HOA have been working together for several years.

He said the time frame calls for Los Angeles County to put it on its agenda, which should take six weeks and then the city would put it on its agenda. The board of supervisors is the governing body of the water district.

 “There are a lot of [other] homeowners who feel the city is moving too slow. The assessment district needs to vote. If the majority of the vote is no, then there is no water system,” Thorsen said.

“This is not something we started. We are the agency the HOA uses,” said Councilmember Laura Rosenthal.

 “That is correct,” said Thorsen. “They came to the city for the assessment district.”

 “I heard a lot of scary things,” added Rosenthal, who waned to know what kind of information the city was sending out.

Thorsen answered. “The city has not sent out any forms.”

“I don’t know the methodology,” Thorsen added, saying, “If they do want to continue to move forward, it is a matter of what kind of assessment—only for water or for water and gas or all of the utilities. It certainly is an expensive project.”

“I hope you can work within the HOA. Please call the city to help,” she added.

Councilmember Skylar Peak noted, “The costs have been out of control. It would be good to have water. It seems outrageous for that.”

Mayor Lou La Monte said, “The issue belongs to you people. What you are talking about should be resolved. The costs are astronomical. Maybe you can scale back,” he said.

The HOA proposes forming a special assessment district to fund the extension of a public water line from Trancas Canyon Park north along Trancas Canyon Road and within the gated private streets of Anacapa View Drive, Beach View Estates Drive and Foxview Drive. The assessment district would encompass about 66 parcels and 209 acres, according to municipal planners.

Water would be obtained from a booster pump station constructed at Trancas Canyon Park, near an existing Los Angeles County Water District No. 29 storage tank that would pump water up to the new tank.

Fire hydrants, two pressure reducing stations, valves and other appurtenances would be constructed along the public and private streets.

An additional “dry” trench is also proposed for undergrounding existing overhead electric lines and extension of utilities such as natural gas and cable.

Once underground utilities are installed, overhead lines and poles would be removed. The underground wiring is a safety factor.

The HOA will form the assessment district to fund preparation of final-engineering and construction plans.

The water system and utility plans would be designed in compliance with Water District 29, Los Angeles County Fire Department, City of Malibu and utility provider requirements.

Publisher’s Notebook

• Time to Move On—Not •

BY ANNE SOBLE

Normally the residents on Malibu’s western boundary would have basked sufficiently in their good fortune at having been the beneficiaries of nature’s beneficence during one of the largest runaway wildfires in decades that their lives would return rapidly to whatever constitutes normal.

However, any Malibuites who want to count their blessings and move on may find that more difficult to do with all the attention being focused this week on some NASA Jet Propulsion Laboratory and Chapman University research that should put every local resident on high alert for a mega wildfire season.

Because the threat of major wildfire danger is written into the scripts of annual firefighting agency budgetary pleas, Malibu residents can become desensitized to dire wildfire season warnings. But the outstretched palms of bureaucrats do not accompany the cautions in the current limelight. These warnings are centered in data that, at least on the surface, eschews political wrangling.

The JPL-CU wildfire research that was announced at the NASA JPL website located at: www.jpl.nasa.gov/news/news.php?release=2013-160 is centered on satellite data sets of moisture changes in vegetation and soil in Southern California, with special emphasis on local wilderness areas. Rainfall patterns and the vegetation dry-outs that followed the precipitation in areas west and north of Malibu have resulted in an increased fuel load along traditional fire paths to these areas that can be quantified and mapped.

These unusually heavy fuel conditions may require fire prevention and fighting agencies to think differently about their preparedness programs. They also may mean that there has to be a sea change in assessment of wilderness interface terrain in terms of resource allocation. The bottom line is Malibu’s extreme vulnerability.

This use of satellite observations to enhance fire information and management systems is being used by the Los Angeles County Fire Department, Malibu’s first line of defense, and the neighboring firefighting agency in Ventura County. Hopefully, it will result in the enhancement of the collective decision-making process for wildfire engagement across boundary lines.

Does this mean we now have sufficient tools to give special attention to areas, such as where the Springs Fire started, or where fires that might affect Malibu from other directions could start? Yes, in the sense that we can focus attention on the heaviest fuel loads. No, in the sense that there now are so many of these areas in the Southland that it is impossible to predict where the next random spark might occur.

There is no doubt that all the interest in this satellite research is warranted from Malibu’s point of view. In conjunction with an arsenal of the latest firefighting equipment and the well-trained and dedicated personnel who are the rank-and-file of Southern California firefighting agencies, everything that can be done to bring wildfire preparedness in line with the forces of nature improves the odds for wildfire outcomes in our community.

Unification Proponents Increase Public Involvement in Drive for Local School District

• Advocates for Malibu Public Schools Uses Diverse Array of Formats As the Group’s Outreach and Fundraising Efforts Intensify

 

BY KRISTINA KELL

The group Advocates for Malibu Public Schools is picking up the pace in its movement toward a separate Malibu Unified School District. 

In an intense effort at community mobilization and outreach in May alone, AMPS had scheduled no less that eight public meeting in and around Malibu to update the public on their recent progress toward gaining independence for Malibu public schools. 

AMPS outreach includes not only public meetings but a powerful and concentrated information campaign guided by heavy hitters, including educational specialists, attorneys, marketing strategists, business professionals, web designers, professional fundraisers, lobbyists and Malibu City Council liaisons.

Last week in one such meeting at Malibu City Hall, to a standing-room-only crowd of over 100 parents, teachers and Malibu community members, AMPS unveiled the findings of an independently commissioned feasibility analysis, which determined whether Malibu met the nine required criteria to separate from the Santa Monica-Malibu Unified School District. 

The independent feasibility analysis, prepared by WestEd, a research, development, and service agency chosen under the combined direction and authorization of the Santa Monica School Board and Superintendent Sandra Lyon, found that Malibu met the nine criteria required for the separation process.

The independent analysis further found that separation would mean Santa Monica Schools stands to gain $1.9 million in added funds if separation occurred, funds that would otherwise be allocated to Malibu. A copy of WestEd’s feasibility analysis is available at www.ampsmalibu.org/faqs.

AMPS president Craig Foster and members of the AMPS board have been working collaboratively to build the separation plan with Lyon, her chief financial officer, three members of the Santa Monica School Board, city council members from the cities of Santa Monica and Malibu, and senior representatives of the teachers union and the classified employees union in an attempt to bring together these key “stakeholders” to support the separation process. 

AMPS maintains that prior attempts at separation failed mainly because all stakeholders were not brought into mutual agreement. The AMPS board recognizes that agreements between these key stakeholders is imperative in the process and is highly committed to crafting an agreement which will address and satisfy all of these concerned stakeholders. 

AMPS maintains that these agreements could be crafted as soon as fall 2013. 

AMPS further maintains that the three big issues facing separation (1) division and payment of the bonds, (2) the parcel taxes, and (3) union contracts and seniority, can be effectively and satisfactorily negotiated, or kept in place, so that both Santa Monica and Malibu educational communities are unaltered and retain all the benefits and fiscal responsibilities that are currently in place, without added expense, reduction in student benefits, union benefits, or tenure, to any citizens in either district.

The next step for Malibu would be submission of an application in cooperation with all stakeholders to the Los Angeles County Commission on School District Reorganization, and then formal application to the California Board of Education, followed by public vote. 

AMPS has crafted a timeline and thinks separation of the districts could go to a public vote as soon as May 2015. 

AMPS continues to present evidence to the public whereby an independently controlled Malibu school district would not cost Malibu taxpayers added expense and separation would yield a Malibu School District an added $2.6 million.

At the City Hall meeting, Foster outlined some of the difficulties that Malibu has faced in the local control of local schools: Malibu only has 11,000 registered voters compared to Santa Monica’s 60,000; Malibu has only won two seats on the school board of the slots on the ballot in the last 22 elections; trustee voting (school board members elected from predetermined districts) could not be implemented without Santa Monica City approval; and the school board has denied even a nonvoting advisory position on the board for the Malibu community.

AMPS, supported by the WestEd independent analysis, asserts that Malibu and Santa Monica are stronger as separate districts, both financially and in their ability to concentrate and address their specific community concerns without distraction from outside interests.

Wildfire Roars into 90265 Area of Ventura County and Threatens to Burn South and East into Unincorporated Malibu and Then to City

• Winds Lessened and Rainfall Provided Support for Firefighters on Front Lines of Monster Blaze

LITTLE SYCAMORE VANTAGE—Photographer Paul Grundman captures the smoke and the reflection of the flames as the Springs Fire threatens the eastern boundary of Ventura County where residents have a Malibu 90265 mailing address. Residents of the Deer Creek and Yerba Buena neighborhoods were the last of the evacuees to be allowed back to their homes this week. As The News went to press on Tuesday, stubborn hot spots were being mopped up and many of the nearly 2000 firefighters who managed to protect every home in the 28,000-acre burn area began returning to their home stations to await their next assignment.

ANOTHER CALLING—Surfers answered personal sirens as the monster wildfire was being fought by local, state and regional fire units.

PROXIMITY—Residents who declined to evacuate the burn zone watched as the out-of-control flames climbed toward Deer Creek. Even at 70 percent containment, fire officials did not rule out the Springs Fire’s ability to steamroll through the Arroyo Sequit area, which would have put it less than a few dozen yards from the City of Malibu’s western boundary.

AFTERMATH—State Parks experienced the devastation of some of the most popular public recreation sites on the West Coast.

Mountain Lion Research Fundraiser Planned

The Santa Monica Mountains Fund, which is the the official fundraising partner of Santa Monica Mountains National Recreation Area, will host its second annual fundraiser to support mountain lion research at King Gillette Ranch, in Malibu Canyon, at 26876 Mulholland Highway, Calabasas, 91302.

 “All proceeds will support the decade-long mountain lion study currently conducted by the National Park Service. Park biologists are currently tracking eight mountain lions in an effort to understand how mountain lions survive in such a fragmented, urban landscape and how best to conserve them,” a press release states.

“The good news is that advances in technology like remote cameras and GPS collars have allowed researchers to learn more about the behavior of mountain lions,” said Arthur Eck, executive director of the Santa Monica Mountains Fund. “Unfortunately, GPS collars average about $5000, so it’s increasingly difficult for the park to cover the cost of the research.”

In addition to educational displays and a brief presentation by mountain lion experts with the National Park Service, the event will feature a live mountain lion, interactive tracking trail, silent auction, live music and food and wine.

Internationally acclaimed artists Fred Stone and Joe Weatherly, as well as National Geographic photojournalist Steve Winter, have donated pieces for the silent auction.

The Santa Monica Mountains Fund is requesting a donation of $100 for adults, $25 for children under 12.

 Reservations, as well as general donations, can be made at http://www.samofund.org/UrbCarn.htm. The deadline to RSVP is May 12. FI: 818-292-5920.

Publisher’s Notebook

• Wildfire: Reverting to Nature •

BY ANNE SOBLE

When the small convoy of cars and trucks drove through my front gate and headed toward Pacific Coast Highway, smoke and flames from the Springs Fire danced one canyon away from the Los Angeles County line.

I looked back and choked at the fleeting realization that it was a delusion that the acreage I was leaving behind belonged to me. At this point in time, despite doing all that could be done to prepare for wildfire, what would ultimately happen was out of my hands.

When the gate magnet was deactivated and the motor’s electrical power had been turned off, access to the land reverted to its original ownership, nature. It was to this owner that the powerful forces of unchecked wildfire would have to answer if they were going to be prevented from laying waste to everything in their path.

The dossier of documents, forms and maps related to the property may have my name on it, but the paperwork becomes meaningless because there are no property lines or boundaries for flames that move with lightning speed when driven by winds creating mini ecosystems that regard the houses, barns, corrals and everything else above ground as trifles to be eliminated.

Valiant and highly trained firefighters were able to save human trappings and minimize the shattering impact of the latest wildfire on residents of the communities it surrounded, but the loss of thousands of wildlife homes—from large dens to tiny nests and burrows—has taken a toll on the terrain that will take a long time to heal.

Because the Springs Fire occurred during the birthing and fledging season, most wildlife young were not ready for the arduous relocation flight dictated by the smoke and flames. This may mean a major generational loss for many wildlife species in our local mountains.

Until the winds and, in the case of last weekend’s monster-sized blaze, the rain counterbalanced the wildfire at 30 percent containment, it was anyone’s guess whether a repeat of the 1993 wildfire, or any of the disastrous Malibu blazes of the Fifties and Seventies, was in the making. Few longtime residents could remember a time when rain was more of a surprise, or more welcome.

The front gate magnet has been reactivated and the electric motor hums, but nature has not relinquished her control over the land. Because so much of the habitat one and two canyons over has been lost, deer are already clustering outside acreage that offers food and shelter.

All of the other animals, including mountain lions and coyotes, will alter their behavior to meet the same needs. Smaller animals, as well as birds and reptiles, also will gravitate toward healthier habitat, creating an environmental imbalance in areas that did not burn.

Because fire-scarred areas will soon begin the return to their former, and possibly even more vigorous, selves with the first green shoots of plant life, the less visible wildlife impact may be understated because some dismiss lessons to be learned from wildfires as too transitory to matter.

The notion that we can behave contrary to the forces of nature is hubris that ignores the reality that fire, flood, earthquake, and other acts of nature can undo our handiwork in an instant. Acceptance of nature’s upper hand should be a clause in every Malibu real estate transaction.

County DA Says There Is Not Enough Evidence to File Charges in Katie Wilkins Heroin ‘Overdose’ Death—LASD File Is Now Closed

• DDA’s Assessment Contends that ‘Moral’ Guilt Does Not Meet Legal Requirements to Seek Prosecution

BY ANNE SOBLE

The Los Angeles County District Attorney’s office confirmed reports this week that it will not file felony charges in the heroin overdose death of Katie Wilkins, the 25-year-old Malibu graphic designer who was found dead in her family’s residence on April 28, 2012.

Felony charges of involuntary manslaughter related to Wilkins death and charges of taking a vehicle without owner’s consent had been proposed by Los Angeles County Sheriff’s Homicide Detective Tim O’Quinn against Christopher Benton, the son of Pepperdine University president Andrew Benton.

O’Quinn, who bird-dogged the lengthy and complex investigation, signed off the case this week, closing the file on possible felony filing.

Benton, 28, knew Wilkins during a time dating back to Malibu High School when she engaged in drug use that family members said had been under control for several years. He is currently serving a two-year prison term for threatening his father with a gun stolen from the family residence on the Pepperdine campus.

The case was reviewed by Deputy District Attorney William Ryder who wrote: “It is noted that almost every fact that needs to be proven in this case is based upon circumstantial evidence. As such, in the legal analysis of this case, one must keep in mind the rules of evidence as they impact burden of proof and in particular the following standard jury instruction:  If the circumstantial evidence permits two reasonable interpretations, one of which point to defendant’s guilt and the other to his innocence, the jury must adopt the one that points to innocence and reject the one that points to guilt.”

Ryder stated, “With this point of law in mind, it becomes clear that while one interpretation of the evidence would imply that the suspect is guilty of manslaughter, that does not constitute sufficient evidence that would warrant a jury in finding the suspect guilty.”

With regard to a possible role by Benton in injecting Wilkins with the lethal heroin dose, Ryder indicated, “When a person dies as the proximate result of injecting heroin in a group setting, the attachment of homicide liability requires that a member of the group or someone else present engaged in conduct or performed some act that proximately caused the victim’s death or it requires that the person sought to be charged negligently failed to aid the victim when they had a legal duty to do so.”

The DDA explained that “selling, furnishing or administering heroin to the victim [only would] come under the so-called Misdemeanor Manslaughter Rule if we can prove that a suspect engaged in affirmative conduct that assisted the victim in some way in her ingestion of heroin, such that he would be guilty...as an aider and abettor...but in this case, there is insufficient evidence to prove beyond a reasonable doubt that a suspect performed some act or engaged in any conduct beyond simply being present in the victim’s house at or about the time that she ingested heroin, collapsed and  died.”

Ryder said, “Mere presence at the scene of a crime does not constitute aiding and abetting in the commission of that crime. While the presence of needle marks in the right arm of the right-handed victim suggests that someone other than the victim injected the heroin into her arm, that fact alone does not constitute proof beyond a reasonable doubt that someone else injected her or otherwise assisted her. And as stated previously, it is not known if other people were present who could have been the ones who purportedly assisted her with the injection. For the same reason, it is not known whether the suspect is the person who drove away the victim’s BMW insofar as a possible DWOC or auto theft charge.”

The DDA added that with “regard to possible ‘negligent manslaughter’ liability under the theory that a suspect failed to render aid or call 911 which might have saved the victim’s life, the case of People v. Oliver (1989) 210 Cal.App.3d 138 restates the long-established legal principle that a person has no legal duty, in tort law or in criminal law, to save someone who is in peril unless the person has acted in a way that created or increased a risk of injury to the victim or that created a dependency relationship, inducing reliance or preventing assistance from others.”

Ryder added, “Even assuming a suspect was present and simply witnessed the victim’s ingestion of heroin and subsequent collapse, while he may have had a moral duty to assist the victim, he had no legal duty to do so and, as such, he cannot be found guilty.”

Wilkins’ brother Steve, who found his sister’s lifeless body in the garage of the family home, told the Malibu Surfside News, “I’m very disappointed. It’s not much of a question of who dragged Katie [into the garage] and stole her car.”

He said, “It’s difficult to not take a cynical look at this [and see] that, as an ex-convict [with three felony convictions], Chris did not want to get in trouble and had he helped [the LASD], he might have been in some.”

Steve Wilkins said Benton’s behavior “was unconscionable, but clearly it was a measured step felt appropriate and then justified time and again by a few who are close to Chris Benton and the well-being of his family.”

Public Hearing on Crummer Site DEIR Generates Numerous Project Questions and Concerns

• Issues Include Lack of Traffic Studies and the Potential for Damaging Chumash Cultural Resources


BY BILL KOENEKER

The Malibu Planning Commission held a public hearing this week on Monday night to hear comments on the Draft Environmental Impact Report prepared for the Crummer Site Subdivision.

Planners stressed the public hearing was to allow public comments on the DEIR only.

“The development application itself and associated amendments to the zoning code and Local Coastal Program will not be discussed and no action will be taken on the Draft EIR or the development application. The public review period for the Draft EIR extends until May 20, 2013,” said Planning Director Joyce Parker Bozylinski.

Speakers were told the comments received at Monday night's hearing would be responded to in writing and included in the Final EIR.

At this time, a planning commission public hearing date has not been scheduled to consider the Final EIR, entitlements and associated amendments, commissioners were told.

The DEIR is being circulated for a 45-day review period, which started on April 3 and ends on May 20.

“Don't expect a lot of back and forth,” said Chair Jeff Jennings, explaining the commission was here mostly to listen to the public.

However, after public comment, some of the commissioners took a shot at commenting on the DEIR.

Commissioner John Mazza noted the DEIR does not address Pepperdine's traffic. “Why do the properties go beyond city building restrictions? There is a requirement for cumulative traffic impacts,” he said.

“My biggest concern is the traffic data supplied for the DEIR. That traffic grows by 1.5 percent per year. There is no basis for this number. The traffic study is based on population growth rate and that is fallacious,” he said.

Commissioner Mikke Pierson said he found less believable that one-story homes would produce more impacts. “One story homes make a lot more sense,” he said. “I worry about building basements and disturbing cultural resources. It could be a significant impact and it was not addressed nor a mention of cultural resource inventory. There was not much discussion of smaller homes,” Pierson said.

Jennings said California Coastal Commission had raised the issue of the property being considered visitor-serving. He said there was no talk about clustering the units.

Mazza said he had one more concern and that was the limitations placed on how many ball games could be played per day on the donated land to the city. He questioned how there would be enforcement of such activity. “It was not discussed. That is a mitigating factor. It is significant and missing from the DEIR,” he said.

Neither Commissioners David Brotman nor Roohi Stack chose to speak.

Representing the Malibu Country Estates, Robert Briskin said what was not included in the DEIR was how the project would block the views from Pepperdine University's Alumni Park.

He said the DEIR does not include the total square footage of the homes and there was no serious consideration of eliminating the basements. “We are not in need of more mansions in Malibu. The DEIR does not include Pepperdine's expansion plans,” Briskin added.

The project will put more effluent into the ground, but there was no discussion of slope stability in the DEIR, according to Briskin.

Robert Gold, who indicated he represented the property owners, said there was “no unmitigatible significant impacts.”

Chumash leader Mati Waiya said Malibu has not been kind to the Chumash. “The consultant is more of a ghost hunter,” he said. “If you protect Chumash cultural resources, you protect Malibu.”

Attorney Fred Gaines, who said he represented Green Acres LLC, the entity ownership of the Rancho Malibu Hotel, said the DEIR is inadequate and violates the California Environmental Quality Act. He said there was inadequate review of alternatives.

Gaines noted that a 28-foot-tall house is seen more than an 18-foot-tall house, but the DEIR says there is no greater impact.

Malibu Road resident Maryam Damavandi said a river of mud came down the slope from the site and ended up in her driveway. “The DEIR did not discuss irrigation and stability of the slopes,”  she said.

Summing up, Jennings said, “It is in the very early stage and there will be many more hearings to go.”

The project site is a 24-acre parcel atop a bluff with steep slopes descending to the south and east. Malibu Bluffs Park borders the project site to the west. PCH borders the site to the north and a privately owned parcel borders the site to the east. Winter Mesa Drive, a small road connecting PCH to Malibu Bluffs Park, provides access to the project site.

The developer wants to build five homes with lot six developed as a private gated street, gatehouse, onsite wastewater treatment package plant, landscaping, open space to be owned and maintained by the homeowners association. Lot seven would be dedicated to the city for active and passive recreation use.

“At this time the city believes that the recreational area may be used as a baseball field or a skate park. Therefore, these uses are evaluated in this Draft EIR,” the document states.

Three project alternatives were identified and analyzed in detail for the relative impacts to the proposed project. The two-story with skate park only alternative, one-story homes with skate park or baseball field, and no project foreseeable development alternative.

The two-story homes with skate park only alternative “would eliminate the significant and unavoidable traffic impact. It would also reduce parking demand impacts and operational noise impacts,” the DEIR concludes.

Planning Commission Tackles Several Challenging Issues

BY BILL KOENEKER

The Malibu Planning Commission, with Chair Jeff Jennings recusing himself,  approved plans this week for remodeling a historic motel located in mid-Malibu, the Casa Malibu Inn on the beach.

The planning panel approved a resolution granting a coastal permit, demolition permit and offer to dedicate a lateral beach access and to allow a less than fifty percent interior and exterior remodel of a legal nonconforming motel.

The item was previously scheduled for a public hearing at the beginning of April, but the matter was continued to May 6 to allow time for the applicant to respond to a comment letter submitted by the California Coastal Commission staff.

To address questions about how the remodel complies with the LCP, the applicant met with CCC staff to explain the existing condition of the property and review the details of the project plans and scope of work.

To take care of the lower cost visitor-serving accommodations issue, the applicant has elected to add a voluntary payment “consistent with the provisions found in the Local Implementation Plan and pay $33,801 to be deposited into a fund to be used by the city to subsidize the construction of lower cost overnight facilities in the Malibu Santa Monica Mountains coastal zone.”

Additionally, the applicant has added an offer to dedicate a public lateral access easement along the shoreline to support protection of public access to the shore, according to the staff report.

The applicant has also initiated the application process with the State Lands Commission by submitting a mean high tide line survey and request for determination.

Studio PCH, LLC, the applicant, which is a Malibu-based architectural and design firm, is asking the commission for the entitlements to allow for a redesign.The number of rooms would be reduced from 22 to 16.

Former Councilmember Jefferson Wagner, who said he owned property across the street, praised the project.

“My only hope is the remodeling of the hotel doesn’t take as long as the two restaurants,” he said

Plans include the repair and maintenance of the existing bulkhead and pile foundation, replacement of hardscape, new trellises, water features, landscaping, a minor modification for a 50 percent reduction in the front yard setback and a demolition permit.

Engineer Norm Haynie, who said he too owns property across the street, took the Coastal Commission to task for what he called “extorting money from developers,” by requiring payment into a low cost visitor serving fund.

“If the public believes in low cost visitor-serving housing, the public should pay for it, rather than extorting money from the developers. It sounds like a harsh word,” he said.

The commission was also asked to approve an amendment to Starbucks coffee shop’s Conditional Use Permit to allow the Trancas facility to operate until 11 p.m. nightly instead of operating until 8 p.m. Monday through Thursday and 9 p.m. Friday through Sunday.

The planning staff was recommending the commission approve the request.

Starbucks just recently moved back into their former, now expanded, location, from the temporary store in a trailer. The rest of the building is under construction.

Commissioners were told the coffee shop wanted its expanded hours for just the summer time.

However, a majority of the commission took a different tack and attempting to give the shopping center owners a nudge, conditioned approval of the expanded hours provided the right-turn lane for the shopping center is first installed on PCH.

The planning panel deliberated for some time on exactly how they wanted to condition the request.

Malibu West activist Cindy Vandor urged the commission to not allow Starbucks to add hours. “People cannot get in and out. The mass transit is not safe. There is no safe passage. There is no safe emergency access,” she said. “I beg you not to grant another favor to the shopping center owners. This developer is gaming the system.”

Commissioners talked at length about whether Starbucks is a coffee shop or restaurant; whether folks should be encouraged to come to the site while it is still under construction; and how what seemed like a simple request could turn into a complicated matter.

Planning Director Joyce Parker Bozylinski told commissioners the city was not part of the right hand turn lane discussions, since the matter was part of the conditions of a settlement agreement with a neighbor.

She said she understood that there is not enough room for even a substandard lane. “If Caltrans won’t accept that, it won’t be installed. It may be it could never be installed,” the planning director added.

When it came time for a vote, both Jennings and Pierson voted no with the majority of the commission adamant in maintaining the amendment.

The Planning  Commission also voted to approve a three-hour parking limit along Cross Creek Road between Civic Center Way and Pacific Coast Highway that would be in effect seven days a week during business hours from 8 a.m. and 5 p.m. The restrictions would be imposed on 29 spaces.

The commission was told there about 852 Civic Center parking spaces. The restrictions are in place for one year and subject to evaluation.

Planning panelists were  told that the Coastal Commission went along with the plan because they viewed it as a creating additional public beach access.