Others may wish to correct many of the factual errors in your recent “Charm of Charmlee Park” article, but I want to set the record straight about how Malibu came to own Charmlee, why there are restrictions on its use, and the role my wife and I played in that process.

Sandy and I became involved with Charmlee almost immediately after we moved to Malibu in 1988. We lived near it, we had been involved with parks everywhere we had lived and Charmlee was, and still is, a unique and spectacular asset. Together we created the Charmlee Nature Preserve Foundation, of which I was the founding president. The foundation continues to support and fund the public programs at Charmlee.

Charmlee was originally a part of the Los Angeles County Natural Area Park system. As the last such park to be acquired, it was the most vulnerable to closure when the county ran into severe budget problems about 1990 and was slashing its parks budget. Instead of spending time and effort on improving the public program at Charmlee, three months of every year was devoted to a lobbying campaign just to keep the Board of Supervisors from closing the park altogether.

When Malibu became a city, it presented a possible solution to Charmlee’s uncertain long-term viability. Perhaps Malibu could operate the park at a lower cost than the county and begin to establish a Malibu parks and recreation program without incurring the impossible costs of major land acquisition. Charmlee alone would not be enough to get a broad spectrum of city residents behind the idea, but a package of Charmlee, Bluffs Park and the Equestrian Center provided something for many different interest groups. The deal we proposed was that Malibu would take over operation of all three parks from the county.

This concept met the objectives of both the city council and the board of supervisors. Malibu citizens supported it and the transfer of all three parks was quickly effected under a simple operating agreement.

At the time, both the city and the county understood that an eventual transfer of full ownership of all three parks was a possibility to be worked toward, but each property had unique problems. An indication of the complexity of those issues is that ten years later, the city still doesn’t own Bluffs Park or the Equestrian Center.

Outright ownership of Charmlee might have been transferred rather quickly, except for the VMS-Anden/Banyan/Semele Rancho Malibu project nearby in Encinal Canyon. Since the city opposed the project both at the county and in the courts, and since Sandy and I were leading the community opposition groups, the project owners threatened to sue to block any transfer of ownership.

Although the city eventually dropped out of the Rancho Malibu fight, the Charmlee transfer stalemate persisted as long as our opposition to the project continued. The case against the county, with Rancho Malibu as the real party at interest, was on appeal in 1998 when Sandy and I decided to move to Santa Barbara to be closer to my job.

Before we could leave Malibu with a sense of completion, we had two pieces of unfinished business to attend to. An acceptable settlement of the Rancho Malibu litigation was needed and we wanted to leave Charmlee with strong protections against grandiose development and commercialization ideas being floated by certain elements in the city administration and citizen recreation cliques.

All the parties to the lawsuit agreed to settle the suit. One of the settlement provisions was that Rancho Malibu would not oppose a transfer of Charmlee to the city of Malibu. Another provision was that the county would make the transfer subject to certain deed restriction designed to protect its heritage as a natural area park and that the city would maintain access to the park for all, and not restrict it to city residents alone.

The restrictions were important because of the unique natural assets of Charmlee; the incredible diversity of its flora and fauna, the many threatened and endangered species found there and the spectacular view. They were also important because of the fragility of its geology. The city was not a party of the lawsuit so it had nothing to say regarding the terms of its settlement. The county did not even have to consult with the city regarding the terms of transfer, but it did, and the city council agreed to the open space and passive recreation deed restrictions. And why wouldn’t it? How often has anyone given the city 500 acres of spectacular property for free? Can you believe that some people are now complaining because they can’t trash the most incredible gift the city has ever received, or is ever likely to receive.

I can absolutely confirm that the “Russell couple” were responsible for the deed restrictions, although we had a lot of support from many others. We are immensely proud of the way we were able to protect Charmlee. A unique set of circumstances and convergent interests created the opportunity, and even the determined efforts of Laurene Sills, Christi Hogin, certain council members and others were unsuccessful in thwarting what was so obviously an incredible deal for Malibu. No city council, no mater how dismissive of the environment they may be, can undo those ironclad deed restrictions. These are not just for the “time being” as Tom Hasse suggests. They will stay with the property forever.

Unfortunately, the city has not demonstrated that it is worthy of this special gift. Its stewardship of Charmlee has been shameful. Before the voters of Malibu give the city council millions for park acquisition, they should consider carefully how it has failed with the one park it does own. In hindsight, it might have been much better if Charmlee had been transferred to the state or national park system instead. They seem to appreciate their parks. Maybe it is because they didn’t get them for free.

Paul J. Russell

SEND IN THE CLOWNS

It looked like a three-ring circus at Jane Seymour’s oceanview estate as Patch Adams and pals helped raise money for the International Toy Bank. The colorful characters came decked out in purple wigs, baggy checked pants, wide polka-dot ties, mismatched socks and clown-sized clodhoppers.

The International Toy Bank is the creation of Malibu resident Nancy Butner. In addition to teddy bears and Beanie Babies, the organization distributes badly needed medical supplies to impoverished children in such countries as Nepal, Haiti, Brazil and Romania.

Patch Adams was honored for his work with World Peace Clowns, which travels around the globe spreading joy and laughter.

“Patch has been a great mentor,” says pal Bruno the Clown. “He takes us clowns around the world to visit sick kids, poor kids, deprived kids, underprivileged kids, forgotten children, and we just see their faces light up.”

Bruno is quick to point out the healing power of humor, saying, in light of the terrorist attacks of Sept. 11, it is needed now more than ever.

“We’re not just going to keep our red noses in our pockets because of tough times,” he explains. “Laughter is therapy. It brings people out of their sorrow and is the best medicine you can get.”

RIDE ON, DUDE

Modern day Moondoggies and Gidgets gathered at Granita for the Surfrider Foundation’s 5th annual Save the Malibu fundraiser. They came in all their puka shell finery sporting summer tans, bleached blond tresses and the very latest in haute Hawaiian wear. In between bites of Wolfgang Puck pizza and sips of asparagus soup, Surfrider supporters browsed a silent auction, which appropriately featured items such as a Pepto Bismo pink Kayak and a 1972 signed Sonny Vaderman board. Following a gourmet dinner, David Carradine picked a few numbers on his Gibson guitar while a performance artist painted ever-changing scenes on an oversized plastic canvas.

Surfrider celebrated its success as a local organization that took off and now has 28,000 members and dozens of chapters worldwide.

“The secret is people power,” says Surfrider’s Chris Evans. “We’re grass roots. We’re people who live at the beach and want to protect what we have.”

Co-Chairman Hersh Farberow agrees. “We’re a symbol to the world. If Malibu doesn’t have clean water, what does that say?”

In addition to cleaning up local beaches, Surfrider’s latest focus is opposing the Ahmanson Ranch development project, which, it says, will introduce all sorts of waste, dust and silt into the environment.

As Surfrider sees it, clean oceans and beaches have never been more important. Says Evans, “We live in a different world now. We really need to protect what we have for our spirits and our souls. We need to create a place that’s clean and keep it clean for future generations.”

Last week you reported that the City Council blamed the Malibu Township Council for the Malibu Local Coastal Plan written by the Coastal Commission. Let’s put the record straight. MTC’s lawsuit was filed many months after the State Legislature passed a special law, AB988, giving jurisdiction to the Coastal Commission to write the Malibu LCP. The subject of MTC’s lawsuit is the lack of public participation and notice in preparation of the City’s “Hogin” draft LCP. Contrary to erroneous allegations, MTC has never advocated, condoned or supported any LCP other than the one prepared by the Malibu consultant and Council appointed LCP Committee.

The time for the City to act was before the Legislature made its decision — but the bill passed with no recorded opposition. A draft LCP prepared by the City’s consultant and LCP committee was submitted by the Planning Director to the Coastal staff for comment in March 2000, five months before AB988 was considered. If the Council had used that draft LCP to prove to the legislators pushing the bill that a Malibu LCP had already been prepared and submitted, the City might not be in the position it is now. Why wasn’t it done? Probably because a new City Council was elected in April 2000, and a new Planning Director was hired who had no coastal experience. He told the Council Land Use Committee that he did not support the 2000 draft. We believe that opinion reached Coastal staff who weren’t about to waste their funds evaluating an LCP the Council would not support. Coastal regulations establish a procedure for responding to a city’s draft LCP. It is a negotiation process with Coastal recommending modifications and the City stating what they are willing to include. LA County took four years to complete this process with their 1986 LCP. Malibu could have been in the second year of negotiation with the 2000 draft LCP, instead of just starting the process with the Coastal Commission’s LCP which no one really wanted.

There are portions of the Coastal Commission’s LUP we oppose and hope to change. The Crummer site adjacent to Bluff Park was rezoned CV-2 allowing a hotel. However, it is in an earthquake zone and we expect that fact will preclude a hotel. Mr. Hasse’s comment that the Coastal Commission LCP is a return to County zoning is far from true. For example, the zoning Coastal gave the Chili Cook-Off site provides for less intense use than the Malibu General Plan which gave it the most intense commercial zoning (CG), which allows motels.

As for Councilmember Kearsley’s quotes from Frank Angel’s letter written on behalf of MTC–that was a recitation of AB988, the current law. MTC did not make that law. But once it was enacted, the City might have been in a better position to negotiate with the Coastal Commission if it had cooperated with the process instead of getting in their face with the “Hogin” draft, written by staff with no public participation.

MTC has and always will advocate local control. For over 50 years, MTC has been doing just that.

Efrom Fader, vice president

Malibu Township Council

From the publisher

By Arnold G. York

Ever since the World Trade Center was destroyed on Sept. 11, I find myself living in two separate worlds.

One is the real world where you go to work, pay your bills, go out to dinner, take out the garbage and all of the other mundane things that make up our everyday life. Except now, the real world doesn’t quite feel real anymore. It’s more like being an actor in a long running play, reading old familiar lines. It all feels like make believe.

The real world is out there, just outside the door, like a great giant T-Rex, quiet for now but soon to awaken. When it does, there will be hell to pay. That T-Rex is war. War against an enemy I don’t know, don’t particularly hate, and, in fact, have never paid much attention to until it decided to blow up the World Trade Center. It is an enemy that makes no sense to me no matter how hard I try to listen to what it is saying.

I could understand a world that hates the United States for being an empire because no matter how benign we like to consider ourselves, the truth is, the U.S. is an empire. And like most empires, America tries to grab all the chips on the table and then insist that everyone play by the rules, which typically are its own rules, which change anytime it serves our country’s interest.

What I can’t understand is a world that hates the U.S. because of the Big Mac, KFC, Sylvester Stallone movies, reruns of “Married with Children” dubbed in Arabic, and women who actually walk around uncovered and even venture an occasional opinion.

I can’t understand people who hate Americans because they’re free, and that a person can wander all over America without showing an ID card, or without having to register with the police, and can live among us where most people just accept a person at face value.

No one asks you about your father or your grandfather, or where you pray, or even whether you pray, because, truthfully, no one even cares. We invite people into our homes and their children play with our children.

And yet, all the while, the terrorists know they’re going to kill us, or people just like us. None of what we are seems to rub off onto them. What we view as the essence of being free, they seem to view as a sign of our moral decay and lack of faith, which I must confess, makes no sense to me at all.

So what do you do with an enemy you can’t understand, that appears to have no territorial ambitions and merely wants to wipe you from the face of the earth because you’re you?

There is no question in my mind that if Osama Bin Laden and his followers had nuclear bombs they wouldn’t hesitate to use them. The God of these people is not the God of most Muslims of the world. They appear to have their own personal God who is merciless, unforgiving, unquestioning and aggressive, which, unfortunately, poses a great dilemma for us, personally and as a country.

Once the U.S. strikes, and we will strike, the terrorists most certainly will counterattack. There probably will be other terrorist incidents in the United States or at other installations around the world, and the terrorists will probably choose something that will be as appalling as the WTC and Pentagon attacks.

We would like to believe we are a civilized nation and we can respond to provocation, no matter how brutal, without inflicting a major loss of innocent human life. I suspect our belief is a myth, and they know it. They’re counting on our being incapable of being brutal. They view our humanity and our respect for human life as a weakness and a lack of commitment and purpose, and they may be right. I’m guessing many of our partners and allies feel the same way. That is, we’ll make some noise for a while, kill a few people, maybe knock off Bin Laden or the Taliban government and it will all blow over.

If that’s all we do, I believe, in time, they will be back and it will be worse. We soon may have to confront the necessity to be as brutal as our enemy if we are to survive.

For those of you who are appalled at the prospect, let me offer an example from history. In 1945, the Empire of Japan was probably the most bellicose nation on the face of the earth. Its army was intact and had dug into caves all over Japan. It was estimated we would have one million casualties in the final battle for Japan. We dropped the bomb on Hiroshima, then Nagasaki, and it was over. It was over because Japan knew we were prepared to annihilate it from the face of the earth. The world it once knew was over. Hopefully, we’ll never come to this, but I believe we’re really staring into the abyss.

How many more World Trade Centers would it take before we start thinking the unthinkable?

Why did you reprint the Gordon Sinclair piece without mentioning that it was first published in 1973?

Don Williams

Editor’s note: Above the reprint of Sinclair’s editorial was a statement saying it had been previously broadcast, though a date wasn’t given.

As passengers booked on the ms Westerdam C. Holland American Lines, sailing from Skagway to Vancouver, dated Sept. 10 through 13, we feel your customer relations department would want to know how impressed we were with the management of Captain Kor Witvliet and his staff to offer all passengers with air connections the opportunity to stay on board during the time of the terrorist attacks inflicted on New York and Washington D.C. and thereafter.

The four days we were the guests of the Holland America Line and the reassurance that with their help we would make it home sometime, was very comforting and most appreciated by all who were involved to find their way home during this difficult and confusing situation.

When we were finally able to board busses on Monday morning, Sept. 17, for the three hours drive to Sea-Tac Airport in Seattle, it touching to see that we were taken care of until the bitter end with packed lunches for on the road and a helpful driver who kept our spirits high.

Mark and Hennie Vander Meyden.

The spectacular hillside view from Heather McKay’s Los Flores Canyon reflective glass home shows the panoramic Malibu Pacific Ocean coastline.

A geometrically shaped, avant-garde steel structure resembling a spaceship, McKay’s home is a 3,500 square foot masterpiece designed by Malibu architect Ed Niles, practical enough to withstand fire and earthquake.

One of Malibu’s most unique houses, it’s as multifaceted as its landlord, Emmy-nominated and multiaward winner McKay, who is consistently creating and presently evolving as a poet and cookbook author.

McKay, who originates from Vancouver, B.C., geared her early talents toward writing, yet seized an opportunity in broadcast engineering, which brought her success–two Golden Mike awards and accolades in TV production, documentary and music editing.

Happy childhood memories of living by the sea in Canada brought her to Malibu 11 years ago, where she lived in her large cedar-sided house until the devastating 1993 Malibu fire destroyed everything. McKay escaped safely with only her pets.

Just as the Phoenix, who perished in flames, resurrected to begin again, McKay focused on rebuilding her life and her canyon wildfire home. Now, massive caissons sink more than 40 feet into the bedrock for stability, while remnants of the former home appear strategically. She calls her glass-walled house “a living piece of art.”

Today this amazing glass and steel house has attracted architectural magazines, photo shoot locations for fashion layouts and music videos. This week it was featured on Home and Garden Television’s Extreme Homes series.

Reflecting on her previous home, career and lifestyle, her poems maintain a connection with life’s possibilities:

Whenever we turn away from one-another,

We cease to exist;

When we turn back

We flare into being,

Like matches in the dark

(from “Dreaming the Arctic”)

McKay’s evolving lifestyle led to a new relationship with food. She relates, “Life is an adventure which comes with a responsibility to enjoy it.”

Surrounding herself with creative people, friends have crowded her kitchen to savor new recipes; edible flower dishes that have enhanced many a dinner party.

Living in Malibu brings nature in focus for McKay. She knows Malibu hiking trails inside and out, collecting wild flowers to accent her latest recipes, as her mother did long ago in Canada. As recipes are passed from one kitchen to another, McKay wants to share more with her new book, “Petals on Your Plate.” She wants people to enjoy flowers in their natural environment and bring them to the kitchen with knowledge of their varieties, flavors, edible parts and preparation, as well as species that have grown along California coastlines as far back as the Chumash Indians.

“People have a misconception that flowers are like perfume,” says McKay. “Actually, many flowers taste like vegetables.”

Nasturtiums, which grow wild in Malibu canyons, taste like watercress with a peppery flavor; their edible yellow, orange-red and purple blossoms blend well with baby greens and vinaigrette dressing. McKay encourages cooking with flowers, yet warns, “Know what you are collecting and what parts are not edible.”

She says she believes experimenting is important before serving dishes with flowers. Some of her favorite dishes include yucca blossoms, lavender, roses and cattails. “You can grow your own flowers, but it isn’t necessary.” Adds McKay, in a statement epitomizing the many turns her life has taken, “There shouldn’t be any rules.”

Feeling connected and comfortable with her life today, McKay is the first to say, “I’ve learned that I’ve had a lot of challenges.”