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Proposed 15 million bond

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For several months now, a coalition of individuals representing groups with diverse interests, often at odds with each other, have been meeting and working together to find common ground and to formulate the beginning of a campaign to pass a bond measure in November.

After several months of working together, the Bond Measure Coalition, for want of a better name, presented to the city council on Monday night some ballot language that it feels represents the desires of a large majority of Malibu residents and voters. And we hope the city council will adopt it or something very close to it and present it to the community at large in a special election in November.

The Bond Measure Coalition members know that the proposed $15 million bond, if passed, won’t get everything for everyone, but they think that if it passes, it will get a great deal of what most of the people in Malibu believe is important for this community.

It emphasizes the purchase of land in Malibu for parks, playing fields, a community center and open areas that protect natural habitat and limit the sprawl and traffic involved with building out 100% of presently developable commercial land.

A recent Los Angeles Times editorial (“Deep Pockets for Nature,” May 12, 2001, Section B, page 12) commends cities like Monrovia, whose residents recently passed a $10 million property tax to buy land. Monrovia will now give agencies such as the Wildlife Conservation Board for $11 million more in grants “to preserve wild mountain land near the city, as development and sprawl chip away at what remains of it. But Monrovia deserves special consideration for its willingness to put up its own share of funds before going to Sacramento for help.”

This is exactly how the coalition hopes the City of Malibu will be perceived to potential grantors in Sacramento and elsewhere should the bond measure pass by the required two-thirds vote in November.

In order to provide direction to the future city council to make their task easier and reflective of community needs and desires, the coalition is now working on a comprehensive report that will identify the scope and specific projects that could be funded by the bond.

Furthermore, in the next few months, the coalition will test this ballot language through a random survey of likely voters. It will raise money to run a campaign, line up endorsements, provide speakers to community groups, and do one or two mailings in the fall.

The coalition welcomes support and participation from the community as well as honest and constructive criticism from all individuals and interests.

For more information on the Bond Measure Coalition, e-mail: malibumona@earthlink.net.

Mona Loo

Simple Topanga lifestyle threatened

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Though Carol Winter faced a series of ups and downs during her 32 years of residency in Lower Topanga Canyon, an area also known as Rodeo Grounds, she never gave up on staying because the community has been a true home to her.

Before moving to the north side of Pacific Coast Highway (PCH), Winter lived in a home on Topanga Beach from 1969 to 1979. When the beach was acquired by the state, she moved across PCH, where she lost her house in the floods a few years later and was forced to relocate once more. But she did not move far.

Winter has lived in the house she currently occupies in Lower Topanga since 1988. “I’ve lived in many places in the world but this is my home,” she said.

“What made me a part of this land is the people who live here,” she said. “This is a community that does not close their doors, where everyone is there for everybody else.”

Topanga is reminiscent of the 1960s’ peace-and-love days, and Winter remembers those times well.

When she first lived in the area, Winter was known as the Banana Bread Lady because she baked for a living and distributed her goods to the local stores.

“A simplistic and wonderful life without question,” said Winter, who is a teacher in Santa Monica.

Because of skyrocketing prices in the local real estate scene, Winter finds it hard to think about moving.

“Even though we live on a month-to-month lease, after so many years we never imagined that the eventuality of moving would come,” said Winter. “The only thing that they would do with my house is make parking.”

For now, Winter continues to hope that she can stay. “This is my home. If a fire came through I would build up again,” she said.

Viewing his stay in lower Topanga from a different perspective, but also believing that the community is the only one of its kind remaining in the Malibu vicinity, Ray Craig, owner of the Topanga Ranch Motel, is also unsure about what the future will bring.

“We really don’t know with all the talk,” said Craig. “They have never really contacted us. Although nobody has told us to leave, it’s imminent, I guess.”

As he spoke about the 80-year-old motel, which was originally built for the people who constructed the highway and currently houses 32 rooms, Craig expressed his concerns on behalf of the residents who rent rooms.

While the motel does serve people who just pass by and stay for a night or a week, the people who would be affected the most by the relocation of this business are the people who stay year-round. They could not afford to live anywhere else in the area and many are elderly. “I don’t think they understand that people are living here that have been here for many years,” he said.

Craig, who has owned the motel for 15 years, along with other business owners who rent from LAACO, Ltd., hopes to stay where he is with an extended lease.

Frank Angel, the attorney representing the Lower Topanga Community Association, is currently gathering information, according to Craig, “because the conservancy is working very clandestinely, telling us how bad we are and that they need to get rid of us.”

Commenting on the state having an interest in making the area a state park, Craig said, “Nobody is arguing that, but the process is bad. They certainly don’t let us know until they have to.”

As for the future, Craig said this is the only business he has and he is not sure what he would do if he had to move. “They talk about relocation, but they have not told us details.”

Moreover, businesses have different relocation needs. “In housing you can live in a lot of places, but businesses have to be in strategic places,” said Craig.

Also, Craig said the cost of comparable land in similar locations would be very prohibitive as is the eventuality of relocating everyone by the end of the year.

Additionally, they don’t have all the money needed yet, he said. The land was appraised at $43 million and the American Land Conservancy has $40 million that they received from the state; therefore, the total package is lacking $3 million and that does not include relocation costs, calculated Craig.

Moreover, Craig said he did not get the feeling from the conservancy that they care about people’s lives and problems.

Puppy love by neighbors

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I read Bob Carmichael’s letter about the death of his beloved puppy due to speeders on Fernhill Drive. My neighbors and I on Broad Beach Road are going to meet with Bob. We have a horrendous speedway here – probably worse than Fernhill because Broad Beach Road runs parallel to Pacific Coast Highway and drivers tend not to slow down when they exit PCH and enter Broad Beach Road. We have the added hazard of entrances for Public Beach Access. Folks are getting in and out of their cars, unloading kayaks and surfboards, changing clothes, while drivers are whizzing by at 55 mph.

Perhaps by banding together we neighbors can get better solutions for both Fernhill and Broad Beach before anyone else – puppy or person – gets killed.

Jo Giese

Coastal Commission agreement violates Coastal Act

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Last week an L.A. County Superior Court judge held that the donation of land along La Costa Beach by home builders Nancy Daly, Eli Broad and Chaim Saban to the California Coastal Commission in compensation for unfulfilled view corridor requirements on their own properties “violated the basic purposes of the Coastal Act.”

The commission had granted Daly, Broad and Saban permission to build three luxury homes along Carbon Beach in Malibu without the requisite 20 percent public view corridors if they purchased and transferred ownership of an equivalent 80-foot wide undeveloped parcel to the State Coastal Conservancy.

However, presiding Judge David Yaffe reasoned that the swap did not add to public visibility since the existing undeveloped lot already provided a view. In fact, he said the exchange might even reduce the sea view along the coast in the event that the land is developed and then presumably only subject to the 20 percent view requirement.

La Costa residents also argued that the commission had acted irresponsibly by granting the permits without first sufficiently evaluating the situation.

“The Coastal Commission didn’t consider the trash, the crowds, traffic, safety or beach management issues,” said Jody Siegler, president of La Costa’s Homeowners Association. “There aren’t any small restaurants in the area and no communal facilities to accommodate the public.”

Mark Beyeler, who works for the Coastal Conservancy, the agency that acquires and manages coastal public property, said they plan to close the beach at night, orchestrate crews to clean the area and arrange parking along the coastal side of Pacific Coast Highway in front of the beach.

A related but separate suit against the Coastal Conservancy by the homeowners association is still pending in spite of attempts by attorneys representing the commission and conservancy to join the cases.

“It’s really a catch-22,” said Patricia Glaser, attorney for the homeowners association. “The commission doesn’t do anything with the property so when we complain that they can’t do this or that because there are a whole bunch of safety issues, they say, ‘Not us, the conservancy controls the property.’ The conservancy doesn’t take blame. They say, ‘We’re not responsible, we just take care of the property that is given to us.’ “

While the commission has the right to appeal Thursday’s court decision, the ruling may affect the practice of off-site mitigation altogether. By transferring the burden of view corridors to another property some distance away, said Yaffe, the parties have saddled their neighbors with whatever public intrusion will be caused by compliance with the Coastal Act.

“It’s as if I was required to install fire sprinklers in my home but instead, I installed them in a home two miles away,” said Siegler. “That doesn’t satisfy the obligation on my property. We should all be burdened with our own responsibilities.”

malibu seen

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SEIZE THE BAY

They were making waves and raising cash as the Santa Monica Baykeeper celebrated its annual ball at the home of David and Linda Foster. The splashy bash drew some of Malibu’s biggest names for an unforgettable evening under the stars. The Fosters invited about 450 of their closest pals including Barbra Streisand, James Brolin, Quincy Jones and Kenny G. A lively mariachi band played in the background on this Cinco de Mayo as guests sipped margaritas and devoured bowls of guacamole, bite-sized fish tacos, spicy empanadas.

Aqua enthusiast and clean water activist Ed Begley Jr. is one of the organization’s most loyal supporters. “We love the bay, that’s why we come year after year,” he explained. “In some ways our water situation has gotten better, but the creek’s still a big problem and Surfrider Beach is a big problem. We keep getting Fs on our report card.”

Gil Segel was the man of the hour and was honored for his eight years of hard work and dedication on behalf of the Baykeeper. “We have been able to stop polluters, we have made great strides through our education programs and progress through kelp reforestation.” Segel explained that the Baykeeper has helped underwater vegetation and sea life return to places like Palos Verdes and a similar program is slated to get underway in Malibu.

Segel received a standing ovation after a moving tribute that hailed him as the “force of nature” behind the Baykeeper. “We must all become activists and we must do it before it’s too late,” he said. “It’s a debt we owe to our children and our grandchildren.”

In addition to Segel, the City of Santa Monica was lauded for its extensive conservation programs, which include everything from EV charging stations to a solar-powered Ferris wheel.

Following the speeches, David Foster kicked into high gear, delivering an outstanding evening of entertainment. After tickling the ivories himself, the music man presented a showcase of new talent before teaming up with best pal Kenny G. Rumors circulated throughout the evening that Cher might take the stage. The crowd felt a momentary charge when they heard the strains of “Turn Back Time,” except that the “Cher” that took the stage, was, well–a drag queen. But it was all a tease. Soon the real Cher burst from the wings, belting out her mega-hit “Believe” to the sheer delight of all.

It was a fitting finale for this organization that has acc-omplished so much and has every reason to “believe” that the battle for clean water is a fight that can be won.

Aid for Topanga tenants

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On behalf of the American Land Conservancy I would like to respond to some issues raised in your article of 9 May (“Lower Topanga tenants told to go”).

ALC is a non-profit organization whose mission is the preservation of land and water throughout the United States. ALC does not seek to own land. Rather, its strategy is to option environmentally sensitive lands that public agencies wish to acquire, arrange appraisals, surveys, toxic assessments, and the other pre-sale requirements and then transfer the land to local, state or federal agencies for conservation. We specialize in complex and difficult transactions. In ten years of operation we have closed projects around the nation totaling over 100,000 acres, including 43 projects in California totaling nearly 9,000 acres.

ALC’s Board of Directors and Counselors includes such prominent conservationists as Martin Litton, Brock Evans, Paul N. “Pete” McCloskey, Jr., and Stewart Udall among others. The late David Brower, the first Executive Director of the Sierra Club was a long time member of ALC’s Board of Counselors.

It should come as little surprise to most tenants and neighbors of the Topanga property that ALC and LAACO are attempting to transfer this magnificent land to public ownership for the benefit of future generations. LAACO has investigated this option since the mid 70’s and nearly completed a sale through ALC in 1990.

The American Land Conservancy has not ordered any tenants to leave the lower Topanga Canyon property. We have hired a well-respected consultant, Pacific Relocation Consultants, to develop a relocation plan for all tenants in accordance with state law. This plan must be approved by the state before being implemented.

A resident quoted in the article, Carol Winter, said it best “…. we are human beings and I want all the legal rights for the people, especially the elderly.” We absolutely agree. With the cooperation of the current owner, LAACO Ltd., we are developing the relocation plan in order to protect the rights of the tenants to receive relocation benefits.

Of course no plan can ameliorate all the disruption relocation will cause. However, the plan will provide financial and other assistance that tenants are ordinarily not legally entitled to receive. In fact, if the property were sold for private and not public use, the current tenants would not be eligible for relocation benefits.

A few tenants apparently believe that the sale to ALC really masks a future real estate development on a portion of the property near PCH. ALC has no such plans. When we purchase the Topanga Canyon property, we will immediately transfer the property to state ownership. ALC is a non-profit 501c(3) charitable organization; we work on the slimmest of margins and seek only to recover our costs of doing business.

Public acquisition of lower Topanga Canyon and its restoration as part of California’s natural heritage is a unique opportunity to provide truly priceless benefits to future generations.

Harriet Burgess, President

Hold off on evictions

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I thank your paper for its efforts to deliver an unbiased view.

In last week’s article about our Lower Topanga community (“Lower Topanga tenants told to go”) there were two statements regarding the use of California taxpayers money which should be corrected.

On the front page of the article, it says that “The ALC has optioned to buy the property for $43 million with the goal of donating it to State Parks.” The ALC in fact has no intention of donating the land but intends to sell the property to State Parks. If this deal went through, the State Parks Dept. would use the $40 million of taxpayers money raised by Prop. 12 last year to purchase the land.

Although the ALC is set up as a non-profit conservancy, it would be better characterized as a real estate broker for the state.

With an annual operating budget of $2 million, the head of the ALC, Harriet Burgess, says that if she does her job well, she turns a 25 percent profit (Seattle Times 10/29/98).

The second statement is a quote by State Parks officials saying that “If the State Parks acquires the land with tenants then they become liable for relocation and then it (relocation costs) will be paid for with tax money.” This implies that if a private company like the ALC purchased the land, the state could avoid its obligations under relocation laws, including relocation costs. This is just not so – any time land is purchased for the state, whoever buys the land is responsible for complying with legal guidelines created by the government for exactly this set of circumstances.

Further, we find it unconscionable that the first step in what is undoubtedly a long process would be to evict the tenants. We see what has happened at the foot of Topanga and PCH where a gas station used to reside on LAACO property. It has sat abandoned for months and is now the type of eyesore with gang graffiti and fences that we all moved here to Malibu to avoid in the first place.

Is this to be the fate of our community while years of studies and plans are made? One does not have to look far to see that this process takes time.

Up Topanga Canyon lies Trippet Ranch, sold to the state in 1970, it was not designated as a park until four years later, and the only change that happened there was the addition of a parking lot. Original residences remain with renters on the property to this day.

In Crystal Cove, State Parks purchased land in 1976, but it wasn’t until 1982 that a park plan was even approved. In a similar economic climate to today, no funds were available to do anything and 25 years later, no park plan has yet to be implemented (the original tenants have remained on the land to this day).

The tenants and businesses of this community are not against the idea of a state park in Lower Topanga. We occupy less then 3% of the acquisition and believe that there is a fair compromise where families and businesses, which have resided here for decades will not be evicted by the end of the year as threatened by the American Land Conservancy.

Don Hassid

Lower Topanga Community Association

Merit badge for Bryan

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At night we all see him hiding in his black and white SUV somewhere on PCH. He is the jolly, happy hunter who patrols the PCH for speeders and other traffic violators. He is always pleasant, and he is always professional. When he exits his vehicle, and he approaches your vehicle, you see a pleasant, friendly man in green. He makes all of us proud of the fact that he wears the badge and protects us in Malibu.

Deputy Christopher Bryan rarely loses a case in court. I have seen him testify in the Malibu courthouse and he is credible, professional and, above all else, always courteous to the court and to the alleged traffic violator.

Deputy Bryan played football at UCLA in his youth, and he still looks like a football player at 6’8″ with a solid build.

When Deputy Bryan is not wearing the badge on duty, there is another side to him. During the daytime, while his wife is working, he raises their young child. He doesn’t need his badge or gun when he feeds his youngster, changes the diaper of his youngster, burps the youngster, all to be deputy dad at home during the day.

So for all of you who have had the pleasure of interfacing with Deputy Bryan in our wonderful Malibu community, take an opportunity to look behind the badge. There is a lot more to this man than meets the eye. The Malibu City Council should give serious thought to recognizing his dual achievements as both deputy dad and Deputy Bryan. We all admire him and we wish him well in both of his full-time jobs.

I feel that all the citizens of Malibu have a St. Christopher medal around their necks when Deputy Christopher is on duty.

Pat Maginnis

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