Last week, your newspaper reported the court’s decision in “Sierra Club vs. City of Malibu.” The case concerned the City Council’s approval of two homes on Latigo Shores Drive decided in May 2000. Then Mayor Tom Hasse was unexpectedly absent and Councilmember Harry Barovsky’s recent death left the fifth City Council seat vacant.

With only three council members present, and since Councilmember Ken Kearsley had already decided the case as a planning commissioner prior to his election to the City Council, we asked then City Attorney Steven Amerikaner if we could proceed with Councilmember Kearsley still present for a quorum, but recused from decision-making. The city attorney opined that a quorum was present and we could proceed. We did. The judge in this case disagreed with Mr. Amerikaner’s advice.

Prior to a quasi-judicial public hearing (where the City Council acts as judges deciding a case as opposed to acting as lawmakers), we’re required to disclose any ex-parte communications with any parties or any site visits connected to the case that could influence our decisions. Like my colleagues, I have always done this. The videotape of the May 2000 meeting shows a lengthy disclosure and discussion by Councilmember Jeff Jennings. I followed with what I thought was basically, a “me, too” disclosure. I did acknowledge visiting the site, but I did not mention Mr. Mike Barsocchini, the architect, by name. This was not deliberate, as the judge opines, but simply an omission on my part.

Finally, let me point out Sierra Club attorney Frank Angel thought enough of my record as a City Council member to endorse me and donate $75 to my 1996 re-election campaign.

I have and will continue to judge all cases that come before the City Council fairly and without regard of who supported, opposed or was neutral during my three campaigns for City Council. And you can bet that I will not forget to disclose in great detail any ex-parte communications during public hearings before the council.

Joan House

Mayor

Council candidates to the starting line, please.

We’re getting into the holiday season, at which time local politicking usually slows down, except in a City Council election year.

In April 2002, there are two seats open on the Malibu City Council, and Tom Hasse, one of the incumbenp

ts, has decided he’s had enough and he’s not going to run again. The other incumbent is Sharon Barovsky, who is running. There are some, however, itching to have another go at her.

Last time out, two years ago, Robert Roy Van de Hoek, a total political unknown, ran against Barovsky and, to most everyone’s surprise, ran very respectably. And he’s let everyone know that he’s going at it again.

There’s also a rumor, and at this point it’s just a rumor, that former Councilmember Carolyn Van Horn is going to give it another try and may even run on a slate with Van de Hoek.

Planning Commissioner Andrew Stern has announced he’s running and, perhaps coincidentally, his colleagues on the Planning Commission have just elected him chair of the commission. Another planning commissioner, Ted Vaill, who a few years back made a pitch to the council to be appointed to the late Harry Barovsky’s seat, which ultimately went to his wife, Sharon, has been also thinking about it but as of yet is undecided. John Wall, who ran respectably last time, is also giving it another look.

There is a new face on the horizon–Beverly Taki, president of the Malibu Association of Realtors, who’s also been seen testing the waters. And, perhaps most surprisingly, there is even some suspicion that Walt Keller may be looking for a comeback. He and his close buddy, Herb Broking, have just conducted a heated campaign for the highly sought after post of the presidency of the Malibu Senior Citizens Club, in which Keller thumped incumbent President Jo Fogg, who is still seething. It’s unclear if Keller is just worried about getting a Senior Citizens Center as he professes, or if he’s once again on the launching pad.

There are three others who have expressed some thought about running in the past: Laure Stern, an activist in children’s issues, Dierdre Roney, active in school and bond issues, and Laurene Sills, active in education and parks issues. All three have supposedly said, “not this time,” but since no one has to declare until January, who knows. With an open seat and a field so split, anything is possible.

They’re all studying the numbers like this was the daily double.

The Judge and Mayor Joan

Our mayor, Joan House, testified recently in a lawsuit, by the Sierra Club against the city relating to a couple of homes that were built on Latigo Beach that the Sierra Club, or at least its attorney, Frank Angel, doesn’t like.

The judge came down rather hard on our mayor and, frankly, I thought the judge was more then a bit heavy–handed and rather unfair.

I’ve known House for more than 10 years and I’ve watched her serve on the council for most of that time. To my mind, she’s about as straight of an arrow as they come. There are times I’ve supported her and there are times I’ve opposed her, but there is one thing that neither I nor anyone else I know ever did, and that’s question her honesty or her sincerity.

House generally knows what’s going on but is not glib, and, unfortunately, glib counts for a lot in a courtroom. So I think she took a bad rap.

If it’s any comfort to the mayor, I can only say that I practiced trial law for 22 years and I’ve seen good judges make bad decisions and bad judges make good decisions, and other judges make decisions that I’m still trying to figure out.

One of the reasons that people settle cases is because there is always a certain randomness to a trial and there is always the possibility of error, which is why there are appeals courts. Unfortunately, getting occasionally beat up in a courtroom just comes with the job. Every judge is a Monday morning quarterback, with plenty of time to make up their mind and attorneys to assist them in getting the information they need. Councilmembers are called on to make decisions in minutes on issues that judges frequently have days to ponder. It’s not always fair, but no one ever promised life would always be fair.

Despite claims by some religious organizations that the Harry Potter stories are evil because it includes sorcery, Malibu clergy look upon the tale with less judgment.

By Sylvie Belmond/Staff Writer

In the Middle Ages, Europeans took singular Bible verses literally. As the Book of Exodus states, “Do not allow evil to live,” they applied it stringently. When a woman was thought to be a witch, she was simply burnt to death.

Today, religion is still practiced in the same way in some countries, but American religious organizations do not apply the word as literally as some did in the past.

Recently, the Trinity Broadcasting Network, a Christian television network, was fervently praying to neutralize the movie “Harry Potter and the Sorcerer’s Stone.” The network considers the story evil because it incorporates sorcery.

But local clergy view the story differently and disagree with that particular response to the movie.

“I’m sorry, I don’t have any time for those sour pusses,” said Our Lady of Malibu Rev. Bill Kerse. “God meant us to be on this planet to have fun and enjoy life.”

Other Malibu religious leaders echoed that sentiment.

Malibu United Methodist Church Rev. Larry Peacock, who saw the film and read the books, determined that the Harry Potter stories exemplify good battling evil, which reflects many stories in the Bible.

“Rowling has a fertile imagination, and though it may not be the medium I would choose, the school of wizards is wonderfully engaging,” said Peacock.

However, Van Nuys Church On The Way’s senior pastor, Dr. Scott Bauer, did not think the story harmless.

“I think it feeds a rebellious attitude toward parents, and that’s unacceptable to me as a father and pastor,” said Bauer.

Bauer explained that what was a rather pedestrian fantasy story in the first Potter book becomes a hostile world in the third book. Furthermore, he said, Potter’s magic powers grow and he begins to punish the people who do not agree with him. “He becomes vindictive,” said Bauer.

“The bad guys are all authority figures like parents and teachers,” he emphasized. “And harm can come from feeding that type of point of view to children.”

Potter becomes selfish and self-centered, like a little kid throwing a tantrum to control his world, continued Bauer. “That’s a frightening thing.”

On the spiritual side, Bauer said the world believes wizards, witches and warlocks are fantasy, but the Bible says they do exist and are evil.

But the details of a story are not always important, said Chabad of Malibu Rabbi Levy Cunin.

“By getting lost in the details, we lose the juice of what is going on,” he said.

The Hassidic approach is that every story told can have benefits and a great effect on people.

“If the message can have a good effect on people, then it’s good,” said Cunin.

“When people become religious, sometimes they forget what brought them there,” Cunin said. “And we as human beings can get lost in the dogmatic rhythm of things.”

The Potter story brings up familiar issues for children.

“They can relate to difficulties with classmates and there is plenty of that in both the movie and the book,” said Peacock.

The story also highlights the importance of friends and their various skills. In the movie, the final challenge is mastered with the help of Potter’s friends: Hermione’s wisdom and Ron’s gamesmanship and sacrifice, and finally, by Harry’s heart, which is the strongest magic of all.

Movies are vehicles that should encourage discussion about faith and how one is to live, said Peacock.

Moreover, Potter is developing character and the Christian life is about developing character as well, said the reverend.

But Bauer was still concerned that the story endorses witches and wizards as they become role models for the children in the story.

“The Bible teaches against those things,” he said. In fact, the Bible teaches that when Saul consults a medium, in Book One of Samuel, a death penalty is handed out to him because of it.

Moreover, when Potter’s power matures, Bauer said, he uses it for his personal gain against people who offended him. “Christianity teaches forgiveness, grace and love for your enemies,” said Bauer. “Potter teaches revenge.”

But even those of the same faith see with a different pair of eyes.

“I don’t have an image of Harry being vindictive,” said Peacock. However, he suggested that parent participation is important.

If children are reading the books, parents should also read them to be able to respond to questions their children might have, Peacock recommends.

The following letter was sent to President George W. Bush.

On Dec. 2, the Malibu Republican Club sponsored an event supporting your efforts in combating terrorism. The attached card was signed by those in attendance. We hope you enjoy the sentiment. We discussed the progress of the war and the justification for change in our lives. We understand that some things can never be the same and really don’t mind having our suitcases checked. In fact, we support your efforts, Mr. President, and those of our leaders through the ups and downs of executing a very tough mission, at home and abroad!

The following Malibu Republican Club members hosted the support rally in your honor: Sheila and Mark Battistello, Pat Kenny, Bill McHenry, Anne Payne, Cynthia and Pete Sanford, Shirley Willson and Bill and Amie Young

We wish to thank our leaders in government and the military as well as local authorities, doing their jobs in all types of environments, some hostile. Also, we are indebted, forever, for the acts of just a few heroes and warriors safeguarding our lives while risking their own. Mr. President, in the spirit of unity and homeland support, we thank you.

John T. Payne, president

Malibu Republican Club

The 66 members of the Malibu Committee for A Dog Park were delighted with the results of the election in regard to Measure K. For several months we tried to convince the proponents of measure K to consider adding a dog park to the measure but no one paid any attention to this request. There are many playing fields in Malibu for children but there is not even one dog park in the entire community. Those of us who have dogs cannot take them on a beach or anywhere in the community. Most of the other cities in California have at least one dog park, including Calabasas. We still continue to resist the passage of any measure which does not guarantee at least one recreational area for dogs.

When we alerted the community to the dangers of allowing the Coastal Commission to force the parking situation at Point Dume, again, very few people paid attention to the warning. This sends a message to the Coastal Commission that the community could be easily pushed into any position which the commission desired. We were forced to fund a bus service (at a cost of over $50,000 a year) and the bus is consistently empty; only a few passengers are ever seen to use this service. Wouldn’t it be better if that money could be used for so many more important situations?

The lesson to be learned is that the Coastal Commission is to be resisted on any and all its actions when these actions are detrimental to the community and indeed to the state at large.

We all tend to disregard the early warning signals as shown by not only the two instances given above and we have to suffer for this at a later date. We get so “quick old and so late smart.” Incidentally, the communities of Half Moon Bay and Stimson Beach are going to be filing an amicus brief in the upcoming case against the Coastal Commission. It would be a wise idea for the city of Malibu to do likewise. Again we doubt that the community will heed this early warning.

Ron Lawrence

European vacations are out, sectional sofas are in. So are soft cashmere sweaters and, of course, Harry Potter anything-watches, calendars, candy, books, games, sweatshirts, knapsacks, lunch boxes, dolls, candles-well, you get the idea.

The holiday shopping season is officially underway and there are plenty of choices when it comes to gift giving.

Still, many merchants aren’t exactly sure what to expect when it comes to buying trends or business this year, especially in light of recent events. While some complain that sales have been slower than normal, others see things picking up.

“There was a real drop after September 11,” says Toy Crazy’s Gigi Smith. “But now it’s coming back.”

In fact, some stores are thriving. At Malibu Shaman, things have never been better. “Definitely way up,” says Scott Stuphen. “Everyone wants to relax and chill.”

Relax while snuggling up.

Comfort is key at Malibu Lifestyles where the racks are filled with cozy drawstring pants and zip up jackets in rich colors like midnight blue and cranberry. You’ll find unusual specialty items just across the way where Goodson’s has a glittering evening bag in the form of a Chinese take out box. Fashioned from black, red and gold imported crystals, it comes complete with lacquer chopsticks and a fortune cookie coin purse.

At Indiana Joan’s, Kelly Bryant is getting in the Christmas spirit, decked out in a fire engine red sweater topped by a matching fox fur headband. Here, wearable fashion never goes out of fashion. “The sweater coats and washable suede tops have been doing great,” she says. “They are our bestsellers.”

When it comes to home sweet home, art is where it’s at and the more upbeat-the better. The Skidmore gallery is showcasing colorful scenes from Alice in Wonderland. DeLoss McGraw’s whimsical paintings of white rabbits and mad hatters have become a big hit with local collectors.

“They have a real dreamy quality and people love it,” says Rachel Choate. “We haven’t seen anything like this come around in a long time.”

When it comes to toys, the tried and true triumphs over trend. At Toy Crazy, Santa’s little helpers are helping themselves to traditional tricycles, train sets and plush toys.

And at Malibu Shaman, whether its crystals, herbs or oils, it’s one-stop shopping for all your metaphysical needs starting with soothing scents. You’ll find Strawberry Fields for 1960s Fab Four fans, desert patchouli for the retro set-heck, there’s even frankincense and myrrh for really old souls.

Yoga videos and new age music are among the most popular items here, and for kids, there’s nothing like a dream catcher. The stringy, spider web-looking object is placed above the bed to filter good dreams in and keep bad ones away.

“Just think about it,” says Stuphen. “If a kid has a bad dream, well, mom just tells them the story of the dream catcher and it’s gone.”

Grown ups, meantime, are snapping up Zen, self-help and spiritual literature.

“People have become more curious after September 11,” Stuphen explains. “They’re asking questions and searching for answers. They’re wondering about their own mortality and how to be a better person.” Hmmm, being a better person. Maybe that’s the greatest gift of all.

It all started when my sister sent me an amusing article titled, “Oh, Grow Up,” or Where have all the brain cells gone? I couldn’t believe it. My sister, the one who still speaks to me. What did I ever do to her besides forget her birthday more times than I can remember. Well, there you are. I take the fifth, amendment, that is.

Mary Roach, the author of this midlife journal recounts several incidents of gross memory lapse familiar to just about everyone over, say, 55. What’s even more pathetic than what the memory has let go is what it has retained, she writes. “It’s as though the memory chip was put in backward.” She remembers the words to ’70s jingles for Tab, Fab and Tidy Bowl but can’t say who H.R. Haldeman was. “I recall only that he was involved in Watergate along with someone named Ehrlichman and that one of them may have had a high forehead.”

It’s worse for me (I probably have 10 years on Ms. Roach, at least), so I can sing all the lyrics to every Broadway show of the ’50s, recite Shakespeare sonnets from my high school English class and even the original children’s fairy tales (a la Grimm, before Disney replaced the characters with Goofy and Daffy). This is not even useful on “Jeopardy” where the clues rarely relate to anything that old.

So now I’m noticing about one newspaper article a day about Alzheimer’s and various other forms of dementia related to us older folks, and taking it a bit personally until I realize that November is Alzheimer’s Awareness Month. They know we won’t remember this unless there’s a reminder in every edition. I’ve been able to dismiss most of these as blather, but news of two new medical discoveries caught my attention.

The first was about new research indicating that PET scans of the brain can diagnose Alzheimer’s in its earliest stages and can also predict which patients’ memory problems will develop into Alzheimer’s. The main benefit being that medications given early can stave off debilitating symptoms. Until now, the only definitive diagnosis came by autopsy.

Oops, too late.

With the PET scan, the bad news is you’ll know you’re losing it. I guess the good news is you may have 10 years or so before everyone else knows. Maybe time to write one’s memoirs, or at least those parts that are still retrievable by failing synapses and tangled ganglia. How scary is that?

Where was I going with this? Oh, yes. The really bad news is HMOs and other purveyors of health insurance aren’t likely to pony up $1,500 for the scan. Actually, it would be a bargain if early treatment could delay by two years or more that day when they cart you off to the home. And just think what a relief it would be to discover that your failing memory has another cause, something curable, and is not likely to leave you mumbling sad things and not recognizing your relatives. Or could that be a benefit in itself? Or an excuse to pretend you don’t know your uncle from Haldeman or Ehrlichman. Whomever.

Anyway, the second article that grabbed my span-shortened attention was about a new phone system that can actually detect dementia. Well, about 80 percent of the time, they say. AP medical writer Lindsey Tanner’s snappy lead was what did it. “If automated touch-tone phone answering systems drive you bonkers, imagine one designed to see if you really are.” Good job, Lindsey.

This is how the study went: Participants were given recorded instructions such as “Spell ‘fun’ on the touch-tone pad.” I think I could spell a closely related word that I have often used when caught in the voice mail vortex. “Press ‘I’ if the following sentence makes sense: ‘We wanted to cut down the tree in the yard so we went to the garage to get a hammer.” Huh? How impaired would one have to be to know that the hammer is never in the garage and you can’t remember where you put it. If I want a tree cut down, I call the guy to pull it out with his tractor. I don’t own an ax because they don’t let me play with sharp things.

This whole thing smacks of government-funded research grants. Anyone who didn’t tap out an obscenity on their touch-tone pad probably is losing their marbles. Dumb-study-induced dementia.

As for me, if I could hit the right keys on a touch pad, I’d be a contestant on “Who Wants to be a Millionaire.” But I can’t, so I have to test my memory on “Jeopardy” and crossword puzzles. Now, what’s a four-letter word for fun?

I looked down the Thanksgiving table at the gathering of family and friends-the colors, the aromas, the abundance of it all. Outside there was the beginning of a wonderful sunset reflecting off the ocean and I felt good. It was one of those moments when it felt good to be alive, to be an American, and living in a place as beautiful and bountiful as Malibu.

It was in sharp contrast to what I had seen earlier in the day while watching a news program about Afghanistan. What struck me most was not the fighting, but mostly how bleak it all was; in every respect their world is the opposite of abundance. You seldom saw any grass, or flowers, or a tree. The bareness was more than just winter approaching. It appeared to be the bareness of a country and a people who had forgotten life could actually be pleasant. Perhaps there is nothing left in their world that pleasant.

The Taliban had banished everything from their lives. There was no color in anything. Not in their clothing, nor in their faces, nor in their homes. There was neither music nor dancing. There were no distractions, no TV, no videos, no Internet. Anything joyous was suspect, and there was the ever present Ministry of Promotion of Virtue and Prevention of Vice, or vice versa, to make sure that no one enjoyed anything. Everything was brown and black, and bleak.

The Taliban apparently took a strange, twisted religious pride in banishing everything that gives life pleasure including banishing their women to something approaching serfdom.

We’ve known about the abuse of Afghan women for a while, but the personal stories are just beginning to come out now. About women deprived of food, health care, being tortured, beaten in the streets for trivialities. In a nation where there are, by some estimates, one million widows, the women are forbidden to work, and yet there is no public social service or support. The Taliban declared war on half of its population-their women.

It’s difficult to understand, because even Taliban have mothers, sisters and wives. So where does this all come from-this almost psychopathic cruelty toward women? It baffles me, because even after making these women dreadfully unhappy, they still had to live with them, which couldn’t have been much fun.

That wasn’t the only baffling thing. As harsh as they were in some ways, they all appear to have an enormous sense of hospitality. A guest is treasured and protected. They have a warrior culture; killing each other seems to be the primary occupation of the country, but a guest is protected.

On a whole, they appear to be courageous and committed warriors, but once a battle is lost they are perfectly willing to negotiate for days, arrange surrender, and then change sides. It’s no shame to switch sides, and they’re often greeted warmly, and, I think, genuinely so by their former enemies who are now their new allies. I’m sure they’ll fight as hard for their new side.

Their world appears to be the world of the early Middle Ages. There is definitely a code of honor; it’s just not our code. At first I thought of it as being a very primitive code. But the more I thought about it, in some ways it’s also very civilized. No one dies unnecessarily. Only modern men fight each other to total annihilation; the concept of massive systematic warfare against a civilian population is really very contemporary.

And here is the rub. We’re in a coalition with the Northern Alliance, which is pretty much living in the same Middle Ages mentality as the Taliban. And we don’t want them to accept their enemy’s surrender. We need them to destroy the Al-Qaeda because, if not, those same Al-Qaeda are going to come back at us. I imagine that’s why we’re landing marines around Kandahar.

I think the Northern Alliance figures they’ve done their job and they’re going home with their booty. It’s all very real, but it feels like a scene out of “Lawrence of Arabia.” The only way we’re going to keep them there is by supplying them with guns and money, and we’ll tire of that soon enough. In the meantime, we have to stop thinking as Americans and get into their mindset. Just because they’re our allies today doesn’t mean they will be our allies tomorrow. We must reserve the right to take our troops, our equipment and our money and go home whenever it suits our national purpose. Much as we’d like to, we can’t remake their culture or their country, nor should we. That’s their call.

We have to keep reminding ourselves the only reason we’re there is to make sure that Osama Bin Laden and Al-Qaeda are destroyed, or at least crippled enough to make it difficult to launch further attacks on us. Once we accomplish that, we ought to pack up and come home.