Home Blog Page 6836

Local band member dies in car wreck

0

A Malibu resident and member of a popular local band died Sunday afternoon in a fatal car accident.

Chris Williams, 31, was a member of Backbone, a band that played frequently at local establishments.

Williams was a passenger in car driven by Travis Bennett, 20, when a deputy on motorcycle on Pacific Coast Highway near Latigo Canyon Road, according to sheriff’s officials, stopped them.

The sheriff’s report said that Bennett had been acting “weird” and seemed to be under the influence of alcohol, possibly also a drug. Bennett became angry and agitated and as the deputy attempted to restrain him, Bennett yelled to Williams to “go.”

Williams pulled into traffic in a green 1992 Mitsubishi Eclipse, “almost got hit” and then turned up the canyon, said Det. Robert Evans of the Lost Hills/Malibu Sheriff’s Station.

Responding deputies later found the wrecked car that apparently tumbled off Latigo Canyon Road and ended up on another part of the road. Williams had been ejected from the car. Mountain Rescue Team members found the severely injured Williams on the side of a hill. He was transported to UCLA Medical Center where he was later pronounced dead. Deputies said that a couple of witnesses coming down Latigo Canyon said a car almost ran them off the road.

Det. Evans said at press time that Bennett has still refused to talk to deputies about the events, even declining to name Williams.

Bennett is being charged with driving under the influence and resisting arrest.

Sheriff’s deputies are asking anyone who witnessed the car crash to please call the station at 310.456.5507.

Au revoir Paris, it’s a wrap

0

Finding a really good meal in a Parisian restaurant is definitely not a given, regardless of price. Though the French treasure their food, as well as savoring it, there are certain limitations. If you think you must have gourmet vegetarian, get over it. I ate more meat in four weeks than in the last four years.

Organic products–called biologique–are available in some markets, and in very few restaurants. But locally grown fresh fruit and vegetables are sold everywhere and are excellent, at least in summer.

It is possible to find in almost every block a good fromagerie for French cheeses, a gourmet shop for p…t and other delicacies, a charcuterie (for those who still eat sausage and such in this year of bovine diseases), a boulangerie for bread and a patisserie for desserts, and have a feast in your hotel room with a bottle of Bordeaux.

A huge fan of French pastry, I sampled about four dozen; none were sad or soggy. However, those that sold both bread and desserts were usually good at one or the other but not both. That said, I never had a fruit or almond tart that wasn’t delicious.

If you haven’t time to try them all, look for the sign that simply says Paul. The bakery company founded in the 1800s now has many outlets, all with a small cafe where you can enjoy your pastry (some also serve quiche and salad) with excellent tea or coffee. French coffee is not my favorite (Swiss and Italian espresso are), so I recommend ordering cafe creme, indistinguishable from traditional cafe au lait, to soften that burned taste.

After several forgettable meals, we found two superb restaurants on our last two nights in Paris. Well, one we had found in 1995 but it changed hands about four years ago. In a quaint old building on the edge of a small square in the Marais District near Place des Vosges, Les Bougresses serves a varied menu, fairly priced, and is as popular with locals now as it was when it featured only duck. Two entrees: artichoke with warm vinaigrette and croustillant de chevre frais, goat cheese in warm pastry with tomato, were 40F each (about 7.30F to 7.50F to $1); Pappillotte de Saumon Jardiniere des Legumes, salmon fillet baked in foil (not parchment) with fresh vegetables, 85F ; Demi Magret de Canard, slices of roast duck in a delicate brown sauce, 90F; two Tarte Fine Tiede aux Pommes, warm apple tarts, 38F each; and a half bottle of the house red wine at 50F brought the total for two to 381F, less than $50.

Our other favorite restaurant was Le Chantecler, at 42 Place du Marche Saint-Honore, Paris 1, around the corner from Brentano’s English bookstore and opposite the huge glass design center. One aperitif, Pastis, 30F; one half bottle Chateau de Bel Air Bordeaux, 100F; one Evian water, 25F; one entree Cassolette d’escargots de Bougogne en croute, a l’ail doux, snails cooked in garlic wrapped in warm flaky pastry, 70F. For the main course, the house specialty, Eventail de Magret de Canard aux poire, perfectly sauteed slices of duck arranged around a pear, 95F; and the best apple tart on the planet, delicate crust served warm with a tiny dollop of vanilla ice cream and apricot glaze drizzled around the edge, 45F. Formidable! Total for two was 460F. Reservations: 01.42.61.68.48. We found reservations were not necessary before about 8 p.m. but most places fill up by about 9 p.m.

Before you go to Paris, buy Rick Steve’s Paris guidebook–it’s cheaper here and is usually sold out at Brentano’s. His “France, Belgium & The Netherlands” (Avalon Travel) is also useful for excursions outside Paris.

Although we stayed with friends, I checked out various hotels. If you are dying to stay on the Left Bank (it’s not what it used to be but still has a bustling night life), try Hotel Saint-Andre-des-Arts in the Latin Quarter at Saint-Germain-des-Pres. Rates: Double with bath 494F, single with bath 337F – 397F, tax 3F per person. Many restaurants just steps away, pubs and jazz clubs nearby. 66 rue Saint-Andre-des-Arts, 75006 Paris, phone: 01.43.26.96.16.

For a quieter, safer and more French area, it’s hard to beat the Rue Cler neighborhood in the 7th arrondissement, a short walk to the Eiffel Tour, the Muse D’Orsay, Rodin Museum and the Park du Champ de Mars. Two reasonably priced hotels in this area are Hotel Leveque (single 300F, double 400F – 500F) at 29 rue Cler, phone: 01.47 05.49.15, www.hotel-leveque.com, e-mail: info@hotelleveque.com, and Hotel du Champ de Mars, at 7 rue Champ de Mars1 would be my first choice for its charming, Provence-style rooms. English is spoken here (single 400F, double 440F – 470F), phone: 01.45.51.64.36, www.hotel-du-champ-de-mars.com.

Try to have just enough local currency (remember next year everything will be Euro) to get to your hotel, buy a Metro tickete and a Telecarte (the cheapest way to phone home or to make reservations anywhere in Europe, and pay phones don’t accept coins). Try not to make Paris a three-day stop on a grand European tour. Use Paris as a base and take train trips to everywhere else. Unless, of course, you can spend a year in Provence, la Peter Mayle.

Bon vacances.

Hits the bull’s eye

0

As a nationally ranked archer who has been shooting for the past eight years, I appreciated the article, “Ready for Release.”

My first tournaments were shot at the Malibu Mountain Archery Club. I now travel the country for tournaments and have great memories of my afternoons shooting with the club.

I totally agree with the author when she writes about the world does not matter when you are shooting. The only thing that exists is you, the bow and your target.

Adam Androlia

(On vacation in Alaska)

Information, please

0

The Lily’s Cafe Malibu Steering Committee believes that the presently proposed $15,000,000 special election bond is poorly written and gives this council and future city councils a blank check to spend Malibu dollars.

We believe that this bond’s language is so unsatisfactorily written that the Malibu voter cannot make an informed decision of what they are voting for. We believe that this proposed bond should be withdrawn.

If this bond is withdrawn from the November election the Lily’s Cafe Steering Committee and the Malibu community will judge any future bond measures presented by the Malibu City Council on the presented bonds’ own virtues.

Malibuites want to comprehend what they are voting for and that is not the case in this upcoming bond measure.

Tom Fakehany, chair,

Lily’s Steering Committee

Why permit permits?

0

Letter to Public Safety Committee regarding proposed parking regulations on Malibu Road.

I’ve been a longtime homeowner and resident of Malibu Road. After receiving your notice of public meeting, I spoke with five neighbors, none of whom got your notice.

Has anyone considered house guests that need to park on the road overnight?

As far as oversized vehicles, I have several out-of-state friends with luxurious motor homes that require road parking when visiting. Perhaps permits should be issued for overnight parking.

Since these proposals suggest a police state, maybe armbands should be handed out, Gestapo style, so people stay out of designated areas.

To the best of my knowledge there have been no problems on the road and I’d like to see it remain that way.

Trudi Dieterle

Guest opinion

0

The demise of property rights in Malibu

By Rick Wallace

A recent matter before the Malibu city government in-volved a new house built on the beach with permits. The suggestion was made that per-haps it should be torn down. After all, declared opponents of the home, it was too large.

That chilling recommendation represented a new portal to the diminishing right to own and utilize property in Malibu. Once inalienable, that right has shifted over a generation, and par-ticularly over 10 years of Malibu cityhood, away from the in-dividual owner to the govern-ment.

A similar case along the Columbia River on the Oregon /Washington border went farther. A home built with proper permits within the building code was ordered torn down by an un-elected environmental agency. It declared the new house could be seen from the river, and must be removed. A protracted legal battle re-sulted in a recent Wash-ington State Supreme Court ruling that the owner could keep their home.

What do Washington, Oregon and Malibu have in common?

Most of its citizens regard their area of such immense beauty and environmental value, that the government is utilized increasingly to dictate the use of privately held land. More honestly, one group of citizens uses the government to keep another group from doing what they want with their land, and particularly from doing anything at all.

The Fifth Amendment of the U.S. Bill of Rights protects individuals from having their property “seized by the govern-ment.” Thomas Sowell ela-borated that “Property is a set of defined options–it is the op-tions, and not the physical things, which are the property.”

In Malibu, the options for one’s property grow fewer by the month. Once upon a time a man could stand on his land with his family, envision a new home, construct it, and move in six months later. Now, the wait is at least two years. How did the government take control of the extra year and a half?

By design. The early city movement, concerned with sewers and hotels, carried its vigor to the small landowner who desired a big house. Early city councils purposely made the permitting process ever more ex-pensive and timely. The re-quirement of an applicant to get Coastal Commission approvals was never necessary. Our early leaders wished for a Malibu citizen-to-be to endure that extra six months of delay, or more.

So far, local governments and the Coastal Commission have managed to implement a seemingly endless permitting process. Court cases around the country are beginning to chall-enge that process. Ultimately, it boils down to this question: What amount of jurisdiction is in the proper interest of public safety and what amount is purely a denial of the use of property without compensation?

Some ultra-environmental governments have argued arro-gantly that since property rights are technically owned for eternity, it is insignificant to deny one use of their land for a few years.

The true shame of the pro-perty rights demise in Malibu is the overwhelming influence upon every aspect of a home con-struction or remodel. This is the area where the vast majority of citizens are dissatisfied, but with little organized outcry.

Originally, governments be-came involved with land use planning to prevent a home-owner from building an unsafe home that could victimize future owners or society as a whole. That oversight objective has been expanded. Now, despite best intentions, government planners virtually design the home. Likely, 95 percent of the local codes in home construction have nothing to do with public safety. Rather, they are more a result of social engineering. Bureaucracies created by en-vironmental advocates es-sentially determine the use of property in the interest of the ad-vocates rather than the property owner.

The vast majority of agencies and employees making decisions for private landowners are un-elected and unaccountable. Therein lies the most repulsive aspect of rights infringement. Without public protest, these erosions of liberty become en-trenched. The cost in time and expense to undo unfair re-gulatory reach is often for-bidding to the average property owner.

Environmentalism has done marvelous things in the past 30 years to improve the quality of life in every respect. Latter-day environmentalism often goes too far to vanquish property rights. Every possible excuse is used to erode personal rights in the interest of “public concerns:” there might be Indian bones; it is near a watershed; it is near a park; it is near another house; the lot is slanted; it is within sight of other homes or the highway; there are oak trees; it is bigger than the other houses; animals migrate nearby and on and on.

Furthermore, the standards grow tighter all the time. “Watershed” once meant a year-round running creek. Now it is any space that collects rainwater–ever. “Near a public park” meant within 100 feet. Now it might mean within one-quarter of a mile.

At any moment, a gover-nment agency somewhere can declare a new protective act, and unilaterally expand its control. Without defense, the landowner is obligated to the new set of standards. Any defense of property rights, such as this commentary, is seen only in black and white terms. One must be “only interested in raping the land for greedy financial profit” if they are not a complete advo-cate of absolute governmental environmental controls. Though Americans have fought wars to uphold basic individual liberties, environmentalism advocates only public good. Individual liberty is ignored, if not rejected outright.

Malibu citizens must demand a proper balance between environmental concerns and individual rights. The current debate about the purchase of large commercially zoned lots in the Civic Center represents a step in the right direction. Instead of instituting a virtual confiscation of all property options through legislative methods forced upon landowners, an ethical and legally viable approach is to purchase the land at fair market value.

Thereafter, the public may justifiably regulate land that it owns–rather than unjustifiably determine the use of land that it does not own. That is fair.

Hopefully, that fair spirit will infect the permitting process. To build a house 25 feet high instead of 18 should not require the nightmare that it does. The outrageous time and expense that state and local governments demand, combined with the influence over use, goes well beyond public safety.

With each new regulation, the voice of individual liberty is invariably silenced.

$15 million bond-for-land ballot measure gets a scare

0

The Lily’s Cafe Malibu Steering Committee nearly drove the $15 million land acquisition bond measure off the November ballot at the City Council meeting Monday night.

The council had approved the ballot measure unanimously on July 9. But the weighty opposition of former Malibu mayor John Harlow prompted Councilmember Tom Hasse to call for postponing the bond measure until the general election in April 2002. Harlow is a key member of the opposition group formed by activists over morning coffee klatches at Lily’s Cafe in Point Dume Plaza.

Hasse wanted more time to rewrite the ballot proposal to include the concerns of Harlow and the Lily’s Cafe group. Their main concern is that the wording of the bond measure is too vague and all encompassing in what it proposes to do with the money. The Lily’s Cafe group wants the land purchased by the bond money to be used for baseball and other sports fields first, followed by recreational centers and open spaces.

As written, the bond measure requires most of the $15 million to be spent on buying land, with only 15 percent of the money designated for construction of recreational facilities. It also lists several possible uses for the land–from parks and playing grounds to preservation of wild life habitats and limiting traffic congestion.

Members of the Bond Advisory Committee established by the City Council to develop the ballot proposal spoke out against delaying the measure. The committee has already begun raising money and planning a campaign to get the measure passed. “We need to keep the momentum going,” said committee member Laura Rosenthal. “Let’s go forward while we have this dedicated group.”

The council voted 3-1 (Councilmember Sharon Barovsky was absent) against Hasse’s postponement motion.

Local Coastal Plan review

A response to a letter from California Coastal Commission Senior Deputy Director Chuck Damm regarding inadequacies in the Local Coastal Plan (LCP) was submitted by the city to the Coastal Commission last month. Among other things, the letter cited lack of documentation, including “speakers’ slips” and “copies of any notices of local hearings” to show that necessary public hearings were held and that review drafts of the LCP had been submitted as required to other county, state and federal agencies that may be affected by the plan.

“They were basically asking for our mailing lists,” said City Attorney Christi Hogin. She said the city would have no problem complying with the commission’s demands. The letter from Damm indicated that although the submittal was not complete, the commission would “review what was submitted and will incorporate those provisions that are deemed appropriate for inclusion” in a separate LCP the commission is writing for the city, as mandated by state law AB988. That was good news to Hogin, who told the council that “the city should be able to eliminate any further delay in having the (city’s) draft reviewed.” A main objective of the council is to ensure that the city’s preferences are taken into account by the Coastal Commission’s LCP.

Drub rehab facilities

Regarding the proliferation of drug rehabilitation facilities in Malibu, some residents want to find ways to limit their number. But under the state’s Health and Safety Code, rehab facilities are listed as “group homes,” along with family shelters, day care facilities, homes for the mentally and physically disabled, and many others. State code encourages communities to accept these facilities with few restrictions. The council agreed to seek help from Sacramento to impose a limit of one rehab facility per 6,000 residents in Malibu. That would mean only two such facilities in Malibu, where there are now seven.

Parking on Malibu Road

Residents on Malibu Road would like to limit the number of RVs that camp out on the north side of the road in the summer, some for weeks at a time, essentially setting up beach houses. Also, people often camp out overnight in their cars, causing “a serious security risk,” in the words of one resident. The Public Safety Commission suggested such possible actions as: No parking between 2 a.m. and 5 a.m., no parking of oversized vehicles, and no camping or sleeping on a public street. Permits would exempt residents.

But councilmembers noted that parking restrictions on Malibu Road would only shift the problem to another part of the city. “I predict their next move will be to Broad Beach,” mused Councilmember Hasse. City staff was ordered to draft an ordinance to restrict overnight parking that includes a system for other neighborhoods to apply for the same parking protection.

Filming on Sundays

An unidentified Malibu resident complained by letter to Mayor Joan House that a film crew had disrupted the “peace and tranquility” of his beachfront home by filming on a Sunday.

The council deliberated the possibility of banning filming on Sundays. But when Councilmember Jeff Jennings asked how many such complaints had been filed over the past five years, the answer was two–both from the same person. The council agreed to meet with the resident to discuss the problem, but took no other action.

After 10 years, Granita still sizzles

0

Munching on a delectable Tuna Carpaccio or Peekytoe Crabcakes is only part of the alchemy that is Granita. Years ago, its celebrated owners, Wolfgang Puck and Barbara Lazaroff, significantly raised the bar in fine-dining standards, achieving a culinary reputation people swarmed to. And still do.

One decade to the day after Granita first opened its doors, the restaurant is anticipating some 250 friends and well-wishers to make some noise and celebrate its 10th anniversary on Monday, at its original location in the Malibu Colony Plaza, from 6:30 p.m. to 11 p.m.

Created and designed by Lazaroff, a woman described by many as “driving and perfectionist” and “the woman behind the man,” Granita offers a brilliant visual feast that manages to integrate diverse, often pioneering works from world-class artisans into a unified experience.

“Of all the restaurants, Granita was the most difficult to build,” said Lazaroff, who peppers her dialogue with birthing metaphors to describe the intensity of launching a restaurant that includes the collaborative efforts of 120 American artisans–all with healthy egos–many of whom wanted center stage.

“[A restaurant] is like a child, it has to be well-rounded and develop and change with the times,” added Lazaroff, acknowledging that Granita took four years to build from concept to completion, to the tune of 3.1 million–which was reportedly fodder for discussion in many restaurant circles. “Now it would cost about 8 million,” she said.

“The restaurant is a great mix of craftsmanship and artistry,” said Puck, who confessed he has a picture of Lazaroff laying tile outside the restaurant, the hallmark of her work ethic.

Yet Lazaroff’s reputation in forging new inroads in architectural design has brought her both industry praise and scorn.

“When Granita first opened, there was a lot of criticism,” said Lazaroff. “The European magazines loved it, but American food critics said it looked like ‘The Little Mermaid.’ Throughout the years, I’ve been criticized for what I wore or how I applied my makeup. You get to a point where you can laugh about it.”

Preferring to credit others for Granita’s decade-long success, she said, “It’s a validation of the commitment of the staff and the community. It’s a testament to what we have overcome.”

Still, for those who know her, Lazaroff’s hands-on, meticulous dedication to detail is almost mythic among the restaurant’s staff and Granita’s long-time customers. Laura Gillis, Granita general manager and Ron Garcia run the restaurant with velvet precision.

“Like other pet projects–Chinois and Spago–Barbara would go literally without sleep for days,” said Gillis. “She would just design and stay during the night and make sure tile was being laid properly and that the lighting was coming in. She aimed high.”

Perhaps Lazaroff answered her critics upon winning the coveted “Platinum Circle Award” for design in 1991 for her collective body of work, but also largely for her design of Granita wherein she demonstrated her keen support of American artisans.

Jannis Swerman, communications director for Wolfgang Puck’s companies and former general manager of Granita, commented on other obstacles Lazaroff dealt with. “Barbara met the challenge of building a beach restaurant in a shopping center without a view, that gives the abstract feeling of being under water. Every texture you see is really all about movement.”

As to Granita’s longevity, Lazaroff, Puck and virtually all those interviewed repeatedly emphasized the aspect of staying connected to the community’s pulse and serving Malibu’s needs.

“If you want the community to be interested in you, you have to be interested in the community,” said Lazaroff. “You have to get involved in people’s lives.”

While few would argue that Granita’s stellar design helps make it “a destination restaurant,” the quality of food and renowned service is what many say keep bringing them back for more.

Said Puck, “Wherever we are, we cater to the locals. It’s very important because you have the same people coming in. So many [restaurants] come and go, especially the upscale restaurants, so you have to be much more competent. No matter where we are, we cater to the locals.”

Granita’s executive chef, Jennifer Naylor, who has worked with Puck and Lazaroff since 1990 and whose patrons say she “gives her food a delicacy and soul,” makes annual jaunts to Europe to work with some of the world’s top chefs, incorporating new inspiration into Granita’s menu. As to what the 10-year mark represents for her, Naylor said, “It’s a sense of accomplishment on all our parts, largely due to our great staff. It’s a celebration of all of the farmers, customers, vendors and locals who have supported us so much.”

Granita is a refuge for many local residents, visitors and celebrities to dine out without a scene. It’s not uncommon to see Annette Benning and Warren Beatty in attendance with their family, or John Cusack dining quietly with friends. Still, many locals say they feel Granita caters equally to them.

“Granita has been a lifesaver for me,” said Joanne Suydam, a Malibu resident who hails from Connecticut. “Someone told me that single folks could come sit in the bar and have dinner–it’s uncomfortable as a single woman to go out to a restaurant and sit at a table by yourself. So I started coming in and I met Ted.” (Ted Woody, wine director) “We became good friends. The food is fabulous and the people are great.”

Waiter Geno O’Neil, who has worked at Granita since the beginning, is clear as to why he remains. “Wolfgang doesn’t stay stagnant–he is as passionate about the business now as when I first met him. That’s very rare, especially for someone who gets that big. He still has a joy of cooking and making people happy. He caters to every whim.”

As to Pucks’ secret, if any, in sustaining pinnacle success, he offered, “You know, if you have the passion, it’s very easy to work hard and have dedication. Part of it is talent, part of it is tenacity. They all play a little part.”

Perhaps there’s no mystery as to the achievements of the Puck/Lazaroff team. Both convey a burning sense of commitment to out-do their personal best. On the future of Granita, Lazaroff said, “Our main focus has always been to satiate and court the Malibu community, giving them what they want and remaining flexible.” Puck summed up his passion in a way that will come as little surprise to most: “Restaurants are my life. I’d much rather do that than anything else. It’s who I am.”

Homeowners in the soup

0

Well, here we go again. I guess it is not enough that people in Topanga Canyon are being run out of their homes and businesses for some vague notion of a pristine wilderness area and environmental correctness or that a local park that the citizens of Malibu have invested a lot of time, effort and money in will be lost because unaccountable and irresponsible bureaucrats have arbitrarily decided it is not in the best interests of the locals or the supposed pristine wilderness. Now we have homeowners who will suffer access problems, fire protection and, of course, a drop in property values, and down the line the probable loss of their homes entirely.

Evidently they are now being subjected to a number of alphabet soup government agencies, all oppressive, threatening, coercive and, worst of all, unaccountable for their actions. I doubt there are many people here in Malibu that can afford fines of $27,500 per day. All in the name of a fish that had the good sense to see that when the place they were was not good enough, left for other areas.

But now we have bureaucrats and environmentalists who have decided in their infinite wisdom to restore nature to its perfection regardless of cost or reason and will now supposedly save those fish that are happy elsewhere. But at what cost? It is not only money, property or lifestyle at stake here, it might be lives. If a fire sweeps through that area as it will eventually, a crossing is necessary for fire fighting, and people could be trapped there.

Recently environmental regulations and bureaucrats prevented water from being taken from a river, where a supposed endangered species was, to fight a wildfire near a national park which took the lives of four firemen who got cut off. Will it take something similar here for the people of this community to finally realize what is happening?

Alexis DeToqueville said that the nature of despotism in a democratic state will not to be fierce and cruel, but minute and meddling. A Libertarian knows what the founding fathers would call this treatment of citizens in the Serra Retreat area by the government…tyranny.

It is doubtful that the Democratic Party Liberals in this community will ever learn, no matter how destructive and even lethal their polices become, and that includes the writer of this article. What needs to be learned here is that government is not the answer, it is the problem.

Charles Black

Libertarian Party, Malibu

Planning Commission denies Cher’s request for wall height increase

0

The Malibu Planning Commission turned down, in a 3 to 2 vote, a request by singer/actor Cher to increase the height of two walls surrounding her property on Pacific Coast Highway at Monday night’s meeting.

The walls surround a portion of the singer’s property that has a tennis court. Cher’s representative, Alan Block, asked for a variance or a grandfathering designation to increase the height of two walls on the north and east sides of the residence to provide safe sports court fencing for the previously approved tennis court.

“We could not make the necessary findings for granting a variance,” said Ed Lipnick, commission chair, in a later interview. “She didn’t show this would not constitute a special privilege.”

The property already has higher walls than normally allowed. The entertainer was permitted high walls by the county and “now she wants even higher walls,” said Lipnick.

As an alternative, she could put up some kind of temporary netting for when the tennis courts are used, said Lipnick in response to concerns that tennis balls may fly onto Pacific Coast Highway and cause accidents.

But not all commissioners agreed. Commissioners David Fox and Ted Vaill voted in favor of the height, despite reservations.

“I voted to approve it with the condition that landscaping would screen the wall on the PCH side and on the east side,” said Vaill, who is concerned that the application was a vested right from county days.

“After cityhood came into play, requiring the garage to be under the tennis court, it pushed the courts up by 18 inches,” explained Vaill in a later interview.

Some commissioners questioned the reasoning behind the request for higher walls, because this is the second time the issue has come before the commission, but with a different reason. A year ago, Cher’s representatives said she needed bigger walls to protect her privacy. Now they say she needs walls that would follow the regulation height for tennis courts, which is 12 feet high.

Though the wall on the north side is 10 feet on the inside, on the outside a berm was put up so it does not appear that high on the PCH side. However, the east side presents a huge looming wall.

“We do not want to have wall fortresses around properties in Malibu,” said Vaill, who still thought that in this case, Block had plausible explanations despite the after-the-fact variance request.

  • In other matters, the commission approved, 4 to 1, a new 4,000 square foot house on Zumirez Drive. The project has repeatedly come before the commission for the past year.

Roof height, floor elevation, incorrect story pole placements and back-and-fourth debates between neighbors and property owner representatives culminated in two-hour testimonies to help the commission reluctantly finalize its decision on the matter.

The owner, Agnes Itzahki, and her representative, Marny Randall, came in force with an architect, surveyor, civil engineer and others, to answer the commission’s questions.

They presented an alternate plan that eliminated the need for minor modifications, which were previously requested, thereby hoping to simplify the decision-making process for the commission.

One primary concern was that a neighbor’s view was affected by the project. However, the section of the home blocking the view was not over 18 feet and the commission decided that, despite these valid concerns, they could not turn down the proposal based on that matter.

The homeowner met the objections by eliminating the minor modifications.

The commission found that legitimate attempts were made by the property owner to reduce the floor elevation of the house and she made other efforts to minimize the view impact on the neighbor.

  • The commission also approved a project on Porterdale Road despite initial concerns about illegal grading.

They approved an after-the-fact variance because the pad, though illegally graded, and the house built on it, would have been approved if it had been presented as proposed in the first place.

Commissioner Carrigan said the way it was done was not intelligent, but the results were.

At the last planning meeting, the property owner, David Traub, initially offered to donate 2 acres to the city and $25,000 in an effort to make amends to the city for the illegal activities on the property.

On Monday night, this proposal had changed to solely a monetary contribution instead, because the 2-acre property Traub intended to donate was located off a private road and neighbors would have been impacted negatively.

The $25,000 to be donated by Traub, pending the City Council’s approval, would be available to the city for beautification projects. But the commission said they would not take the donation into consideration, only the project as presented.