Council members slam plan to limit local retail stores

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The purpose of the ordinance would be to keep locally owned stores in Malibu, says its proponent. Some say the proposed ordinance is flawed on many levels, and that some retail chain stores are already locally owned.

By Jonathan Friedman / Assistant Editor

Councilmember Pamela Conley Ulich’s proposal to limit the number of large retail stores in Malibu did not receive a warm reception by her colleagues at Monday’s council meeting. However, the council did vote to send the proposal to a subcommittee for further review.

“I was having a hard time finding what the goal is,” said Mayor Pro Tem Jeff Jennings, who then went through a list of stores that are currently in Malibu that would be banned from the city if the ordinance were to become law. “I’m not sure what the target is, which of these businesses is undesirable and not useful to the citizens.”

Councilmember Andy Stern also harshly criticized the plan, while Mayor Ken Kearsley and Councilmember Sharon Barovsky expressed concern about it.

The proposed law would prohibit formula large retail chain stores, which Conley Ulich described as chains with more than 13 stores, in the Las Flores, Point Dume and Trancas commercial districts. These stores would only be allowed in the Civic Center area if, according to the ordinance proposal, “the proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or community.”

The law would not affect existing stores. Also, there would be exemptions for grocery stores, banks, saving and loans, theaters and gas stations. Conley Ulich said at the meeting she would also consider adding drug stores to the exemption list.

Conley Ulich has been promoting the idea of limiting the number of formula retail stores in Malibu since her 2004 City Council campaign.

“We’ve had a lot of businesses that are local that have been closing,” Conley Ulich said at the meeting. “I’d really like the city to step in and make sure that we do whatever we can to keep Malibu unique.”

Regarding formula retail chain stores, she said, “I don’t think they’re unique. I don’t think they add to Malibu. And I don’t want them here… I don’t want to see this town filled with more McDonalds, Kentucky Fried Chickens and god knows what other formula retail.”

Jennings said the proposal was flawed on many levels. One of them, he said, was that the ordinance restricted permitting for construction of buildings for large chains, while many times when a person is requesting a permit, the applicant does not yet know what specifically will go into the building.

He added, “There’s so many problems with the economic premise that somehow formula retail businesses have an economic advantage over independent operators. There is a confusion here. In many cases, formula retails are operated by franchisees that are local businesses… It’s a way to help local people get into business.”

Stern said he had a problem with the law not affecting current large chains that are in Malibu, but prohibiting their competition from entering the city in the future.

“We’re essentially giving those chains a monopoly because they were here first,” Stern said. “I’m not saying you can’t overcome it, but we’re giving something to them. You’re taking away their competition.”

The council subcommittee that will be taking up the proposal consists of Conley Ulich and Jennings. Jennings at first would not support the issue going to the committee because he said it was obvious the two members did not see eye-to-eye on the matter. He later agreed to it, after being told it would be a priority, but not a top priority.

Fish on notice

The council requested that city staff look into either finding a cheaper way to maintain City Hall’s saltwater fish tank, or for the tank and its fish to be donated elsewhere. The 500-gallon tank costs $528 per month to maintain. While Jennings and Barovsky said they were fine with that, other council members said that was too costly.

“If we don’t get somebody to do it for real cheap or [for] nothing, just labor plus the cost of food, I vote to terminate the tank,” Stern said.

Several ideas were discussed, including Kearsley’s proposal to give the money to the marine biology class at Malibu High School, and have the students maintain the tank. The council will re-address the item next month.

Bluffs still Bluffs; library could go independent

Also at Monday’s meeting, the council voted to maintain the name of Malibu Bluffs Park, while referring the issue of possibly granting naming rights for various park entities such as benches to the Parks and Recreation Commission. In addition, the council directed its library committee to continue discussion of the benefits of making the Malibu Library independent of the county system. The soonest Malibu could have its own library would be July 2008.