Repeating the Malibu Bay Company’s statements prior to the defeat of Measure M, Jerry Perenchio says “no point in reopening matter.”
By Jonathan Friedman/Staff Writer
Malibu Bay Company (MBC) President Jerry Perenchio has rejected the city’s invitation for further dialogue on a possible new development agreement regarding 12 properties in Malibu, the majority in the Civic Center area.
In a letter dated Nov. 25, Perenchio wrote to Mayor Ken Kearsley the MBC believes Measure M, which was turned down by voters, was the best deal for the city and the company.
“The agreement [M], in our view, represented an equitable balance between our rights as property owners and the community’s interests,” Perenchio wrote. “It was fair to both sides but the electorate having spoken (sic), we see no point in reopening the matter.”
Perenchio’s letter came just six days after the request was made in the form of a letter signed by the City Council, the Planning Commission and three Measure M opponents; Pat Healy, Efrom Fader and John Mazza. Missing from the list of names were Malibu Community Action Network (CAN) President Steve Uhring and CAN’s biggest financial contributor, Ozzie Silna. Councilmember Andy Stern said he didn’t know if Perenchio would have accepted the offer had those two signed the letter, but the fact that they didn’t wasn’t helpful.
“Looking at it, if you were Mr. Perenchio, it looks like politics as usual,” Stern said. “Why would he think everybody is together?”
Silna and Uhring both said they doubted their not signing the document affected Perenchio’s decision. They said their signatures did not appear on the document because Mazza, a member of CAN’s board of directors, signified that CAN supported the letter.
Georgianna McBurney, who chaired the campaign in support of Measure M, called that “absolute idiotic nonsense.” She said the point of the letter was to show that the opponents and the proponents of Measure M were together on looking for a new deal.
And without Silna’s and Uhring’s signatures, she said, Perenchio would not think that is the case.
McBurney has not given up hope that a deal could be made. But she said it would not be able to be done through full negotiations with the MBC. McBurney said all the segments of Malibu’s population must now work together to form a deal that Perenchio would be willing to accept, and then present it to him. She admitted it would be a tremendous feat to get everybody to agree on something prior to presenting it to Perenchio.
Uhring and other CAN members are more optimistic. They say Perenchio’s letter should not be taken to mean a chance of further negotiation is over, but, rather, they say it is just another step in the negotiation process.
“A year ago the statement was he [Perenchio] wasn’t going to sell the Chili Cook-Off [site],” Uhring said. “And we saw what happened with that. So I don’t think this letter is anything more than just a letter.”
Mazza said he is not surprised Perenchio would give this response now because he would not want to do anything prior to the April City Council election, at which three seats are up for grabs
“If I were the negotiator in this, I wouldn’t want to deal with a lame duck City Council either,” Mazza said.
Stern did not share CAN’s sentiments. He said Perenchio’s letter should be taken as a signal that the MBC is not interested in further negotiation. Stern said he always believed that was the case, since MBC attorney Dick Volpert had issued a statement prior to the election saying the company was not going for another deal, and a press release was issued just after the election saying the same thing.
“I don’t know when the [Measure M] opponents are going to realize there is not going to be a new deal,” Stern said. “I don’t know what it’s going to take for them to understand that it’s over.”
Mayor Pro Tem Sharon Barovsky said she was disappointed by Perenchio’s letter, adding it was unfortunate the city missed out on a great deal that she said existed with Measure M.
“Apparently we got every concession we could from the Bay Company, since they refuse to talk further,” she said. “Now, if we try to deprive him of his legal rights [to be able to develop his properties], we will have a huge legal battle that could bankrupt the city and in the end, a judge will decide our fate. I just hope that decision will give us as much as Measure M provided.”