Rarely divided council splits on 3-2 decision

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Sitting as a court of last resort, the City Council disagreed with their own planning staff in a hotly disputed application to build a large home on Sea Vista Drive. It reversed the earlier approval of the home by the Planning Commision.

The council rejected the proposed single family home in a rare 3 to 2 vote with Jennings and Hasse dissenting. The principal rationale given by the majority was that the proposed house was out of character with the neighborhood.

Before they were approved by the Planning Commission, the plans went through three hearings and several alterations. But the council struggled at the hearing with the argument that there was no definition of term ‘neighborhood standards,’ which meant that even though the project might meet the legal requirements of the code, it could still be turned down if the council subjectively thought it was not consistent with the neighborhood standards.

The minority felt there was questionable legitimacy to what the council was doing, using an undefined ‘I’ll know it when I see it standard’ for neighborhood character.

Mayor Hasse said

” you have to follow the law even if it takes you somewhere you don’t want to go.”

That was pretty much what Planning Commission Chair Ed Lipnick said to the council as he defended the planning commission’s decision because they could not find any good reasons to deny it, despite its size.

Lipnick indicated that until the rules are changed in the zoning ordinance, the commission could not disapprove the project. The slope density formula needs to be established and the city needs to address mansionization in a new zoning ordinance, he said.

  • In other matters, Sheriff’s Capt. John O’Brien spoke about the Sheriff Department’s intention to move back to Malibu. O’Brien said the return of the sheriff’s station will offer many benefits to Malibu, and the expense of the move back will not be borne by the city.

As for the space problem, O’Brien said they intend to co-locate in the same building as they re-establish the station. At first, the department plans to modify some interior areas of City Hall so the facilities can accommodate both entities.

“It is our vision to plan, redesign and build facilities that will serve the needs of the community,” he said.

“It’s not going to be tents out in front of City Hall,” said O’Brien, obviously referring to The Malibu Times cartoon last week. But he didn’t specify just how they intended to pack the additional people into the already crowded City Hall. While the transition takes place, he said the sheriff may even co-locate substations throughout town.

  • Mark Olson, Edison’s regional manager for Public Affairs, gave a brief rundown on the energy crisis and its local impact. He reiterated the scenario, explaining that the problem comes primarily from a shortage in generation supply and a dramatic price increase, which followed as a result of the shortage.

California’s problem since deregulation can be drastically noticed when numbers are put side to side.

Clearly, the new year has brought an unusual increase of Stage 3 alerts since they now occur daily and blackouts have actually occurred in Northern California.

Edison’s cost for purchasing power has also increased in an unusual manner, according to Olson. In early 2000, the company paid 5 cents per megawatt. In November 2000, it paid 15 cents, and in December, the price went up to about 30 cents per megawatt.

“We have bills we have not paid for power we already purchased,” said Olson.

The system is broken and we asked the state to re-regulate the system, he said.

Meanwhile, Edison is cutting back on services because they had to lay off many people. Construction and hookup projects are stopped and repairs are delayed.

Conservation is critical, said Olson.

  • The Council also heard community members who came to speak on behalf of Malibu’s children.

Mike Jordan, newly elected Santa Monica / Malibu Unified School District Board Member, came to share his vision of collaboration between the city and the schools. “We want to open lines of communications,” said Kate Ross, Malibu High School PTSA vice-president.

Parents and schools hope to establish a task force that will work on creative solutions to help children in Malibu.

Deirdre Roney, Webster Elementary PTA President, presented a resolution to the council that both cities and the school board should initiate and carry out meetings to discuss the financial needs of the schools and other matters aimed at improving public education in Malibu.

The implication was that the speakers were looking to Malibu to put in some dollars as Santa Monica had already committed to do.

Laura Stern, of the Malibu Youth Coalition, came to thank the council for its support of the teen center.

The center serves 30 to 40 students a day from Monday through Thursday and more on Fridays.

The center now has a Web site at Malibuyouth.org.

Unanimously, the council supported the speaker’s point-of-view and agreed to create a sub committee that will work in conjunction with school officials and parents.

“I want to volunteer to be your point person,” said Ken Kearsley, councilmember and a former schoolteacher.

In other action the Council;

  • Awarded a contract to Withers, Sandgren and Smith in the amount of $89,224 for the redesign of Cross Creek Road’s infrastructure.
  • Reviewed a new urban storm management plan ordinance it hopes will help put the city in a favorable light in the eyes of the Regional Water Quality Control Board and meet their guidelines, but will add additional burdens to hillside property owners.
  • Awarded a $198,567 contract to Burns-Pacific construction of Thousand Oaks with the condition that the Coastal Commission would pay its share of $100,000 for the construction of the Cliffside Drive parking improvements.

These improvements were part of a settlement agreement between the city and the coastal commission. State Parks will also pitch in $43,000.

  • Approved and prioritized grant applications suggestions made by Barbara Cameron, Grants Coordinator, and decided to place a Point Dume Shuttle grant request on top of the list.