State Still Might Designate Quake Fault as Active, City Council Told : Geology: Prior recommendation of only a small ‘special studies zone’ has been criticized by seismic experts. Some say development interests are at the heart of the issue.

The state’s top geologist said Wednesday that “the door is still open” to the Malibu Coast Fault being designated as active under a law meant to tightly regulate construction in areas of earthquake danger.

“We are not rushing precipitously to any conclusions,” state Geologist James F. Davis told the Malibu City Council, speaking at an unusual session that stretched into the wee hours Wednesday morning.

But Davis, who heads the state Division of Mines and Geology, cautioned that his remarks should not be interpreted as second-guessing the work of one of his own geologists, who has recommended against designating the Malibu fault as a “special studies zone” under the 1972 Alquist-Priolo Act.

Despite warnings from nearly a dozen experts that the fault running beneath Malibu is active, geologist Jerry Treiman recommended that only a half-mile-long section be designated for special study. The state had examined more than 45 miles of quake strands associated with the Malibu Coast Fault.

Treiman’s internal recommendation has been criticized by several seismic experts, who say it shows that the state cares more about protecting property values than life and safety.

Critics, who accuse the state of bending to Malibu development interests, say that the fault is capable of producing a death-dealing earthquake of magnitude 6 or 7 that could bury parts of Pacific Coast Highway and send landslides crashing into houses.

On Wednesday, Davis vigorously denied that the state’s investigation was subject to outside influences.

“I have not had a call from any Realtor in this area at all, and my staff has not had any pressure,” he said under questioning from the City Council.

“I think we have to have a level of trust here that I hope we will have,” he added.

The investigation, with Treiman in charge, was conducted from May to November of last year.

The law, passed after the 1971 Sylmar earthquake, requires the state to designate and then map special studies zones along active faults in California.

There are nearly 500 special studies zones statewide, but critics say that except for a few obvious locations, such as along the San Andreas Fault, most are in isolated areas where there is little development pressure.

The Times in December requested that the state make available its correspondence related to its Malibu investigation, but Treiman said that there was no such file, adding that there had only been verbal correspondence.

On Wednesday, Davis handed out what he said was a list of 45 people with whom the state had consulted during its investigation.

He repeatedly sought to reassure the City Council that a final decision on the mapping has not been made, but he was noncommittal when asked if that meant the state was reassessing its earlier work.

“I don’t know,” he said, when asked if the state might possibly decide to designate the entire fault a special studies zone.

Under the law, construction of high-density buildings such as schools, hospitals and commercial projects is prohibited within 50 feet of where a fault intersects with the earth’s surface. The law also requires sellers to disclose to prospective buyers that their property is within such a zone.

In Malibu, where as many as six branches of the fault stretch for miles beneath high-priced real estate, such zoning could have serious implications for future development, especially in the largely undeveloped civic center area, where many of Malibu’s businesses are located.

Members of the City Council, all of whom were elected on slow-growth platforms, listened politely to what Davis had to say, and several expressed disappointment.

“From what I see, the study zone is going to be basically just one segment, despite the high priority that you assigned to it (in 1990), which leads me to believe that something has happened here,” Councilwoman Missy Zeitsoff said.

Councilman Mike Caggiano said that Davis “gave long, convoluted answers. I found it difficult to pin him down.”

Treiman, the geologist who conducted the investigation, had been invited to appear before the council two weeks ago to answer questions about the investigation, but he did not show up.

City officials said that Davis had instructed Treiman not to attend because Davis believed it was inappropriate to discuss the matter publicly while the state’s findings were not complete.

However, Davis decided to make the trip himself after state Sen. Gary Hart (D-Santa Barbara) intervened on Malibu’s behalf, sources familiar with the situation said.

In an interview, Davis said that Treiman was not able to come to the Wednesday session because of “personal business reasons.”