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Dj vu all over again

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    After reading the numerous comments on both sides regarding the attack on Sharon Barovsky’s possible past connection to Christi Hogin and the appropriateness of her involvement in a present appointment as city attorney for Malibu, I can’t help notice that no one seems to be addressing the more important issues: Why, indeed, was Ms. Hogin fired from this position two years ago? And what merits the doubling of her past salary if she is appointed again?

    If there was any impropriety involving Sharon Barovsky, hopefully it will come to light and be dealt with appropriately. But I believe the citizens of Malibu should be far more concerned with Christi Hogin’s qualifications for the position than who does or does not endorse her.

    What we should have access to read about is the details of her firing and the determination of the salary being offered our city attorney now. Am I alone?

    Katie Delaney

    No-growthers waiting in the shade

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      In this week’s newspaper there is a letter to the editor from Efrom Fader, the president of the Malibu Township Council. I suspect that some of you who have been here for less than a lifetime may well be wondering just what the Malibu Township Council (MTC) might be and who do they really represent?

      To answer that question you need a little history.

      Many years ago, in the late 1940s / early ’50s or so, long before Malibu was a city, at a time when it was part of the outskirts of the county, a local organization called the Malibu Township Council formed to be a local voice. The Township Council communicated with the county supervisor and his local deputy to let the county know what the Malibu community wanted.

      Over the years, the organization, being the only local political voice in the community, was relatively effective. It was part of the resistance to a massive overbuilding of Malibu, which was in county plans, and to help stop other things like a marina, a freeway over the top of the mountains and, its major accomplishment, stopping a nuclear power plant scheduled for our local shoreline. Serving on the Malibu Township Council allowed our future leaders to get politically seasoned. Many of our city’s leadership cut their political teeth serving on the MTC.

      But then cityhood came along and many on the MTC gave up advisory power for real cityhood political power. The MTC sort of became surplusage, but continued to stumble on, looking for a role for itself.

      Someone died and left it a little money, so the MTC soldiered on, running some programs like political forums. In fact, the MTC is holding a forum this Saturday to discuss the proposed Civic Center guidelines.

      Theoretically, the members of the MTC, who come from different geographic areas of Malibu, elect a representative to the MTC council. But the reality is that very few people participate in the process and you tend to see the same faces associated with the MTC year after year after year. Since cityhood, the MTC heir political power has waned substantially.

      Lately, it’s been a place that the zero-growthers group goes to wait, sort of a shadow government in exile, hoping some day to come back into the sun. While there, they typically take pot shots at whomever is on the council that they’d like to replace with one of their own. That’s what this nonsense is all about relating to Christi Hogin moving over from city manager to city attorney and this equally nonsensical suggestion that somehow she and Councilmember Sharon Barovsky were in cahoots five to 10 years ago in connection with a lawsuit.

      The background on the lawsuit is that in the early 1990s Barovsky caught her foot in a hole at a construction site on Malibu Road and sustained a bad ankle fracture. It required two surgeries before it was finally set. I know it was a bad fracture because I tried personal injury cases for many years, and ankle fractures requiring surgery are usually fracture dislocations, typically requiring pinning and plates. Even if the surgeon does a great job, there are almost invariably long-term impacts — arthritic changes in the joint and lots of medical expenses. Also, at a construction site on a city street, there are loads of defendants, usually the contractor, the subcontractor, the city, and just about anyone else who touches the job.

      When an injury occurs the insurance companies take over, select their own attorneys and direct the litigation. Large cities, like Los Angeles, may have their own city attorney staffs, but small cities typically let insurance company attorneys handle it. In fact, smaller cities generally have no choice since it’s the insurance carrier that pays the tab.

      In this case the medical bills were very large and the final settlement was in the neighborhood of $75,000 with the City of Malibu’s carrier, I’ve been advised, putting in $7,500 of the overall settlement, which seems to me to be relatively modest. Settlements by governmental entities have to be approved by the governing body, the council for example, but those approvals are typically pro forma, because it’s the insurance company’s money that usually pays the settlement. And it is known, from experience, that insurance companies are fairly hard-nosed in deciding whether or not to settle.

      This whole issue, to put it mildly, is a tempest in a teapot, with nothing more than a political agenda behind it. Someone is blowing a lot of smoke around because someone, or their friend, wants to run for the Barovsky council seat, which is up for grabs in 2002. This is just an early part of the political campaign.

      Eleven Violations of HAZ-MAT

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        With its themes of alienation, cultural excess, childhood nostalgia and reverence for the natural world, it’s clear the art muse has been working overtime in the stellar visions of 11 Pepperdine students whose works are now on exhibit in “Eleven Violations of Haz-Mat” at the Frederick R. Weisman Museum until April 27.

        The varied and often provoking multimedia exhibit reflects choice works by Pepperdine’s senior art class in painting, photography, sculpture and pottery in a unified showcase highlighting the students’ keen sense of purpose and unapologetic originality.

        This is the first major exhibition for Justin and Jason Herber, 21, Texas born fraternal twins who are represented in 17 of the show’s paintings. The brothers’ work is as contradictory and distinct as their personalities suggest, yet they assert, “We have the same foundational blocks, we just express ourselves differently.”

        Deeply influenced by music, Justin Herber pays homage in two exhibit works to the musicians who have had an affect on his life and art. In “Sandman (Cure for Pain),” Justin offers a haunting black and white portrait of the late Mark Sandman, an almost expressionistic interpretation of the former front-man from a rock band called Morphine. Sandman, Justin laments, “died on stage.”

        In a painting entitled: “Don’t Let Me Be a Painter (Because Everyone Comes to Look),” so-named from a line from a song by the band Phish, Justin’s distinctive brush-stroke technique comes to the fore in a blaze of color, bringing an energetic realism to the piece depicting Phish’s key vocalist.

        “I attempt to create a portrait of the moods and energies of my generation,” said Justin, adding, “It’s a generation of boldness, freedom and desire for expression.”

        Waters run deep in Jason Herber’s work. He is an artist who enjoys working with different materials and who says his paintings are characterized by the “passage of time in my own life.

        “My life experiences have fueled my art ever since I stopped eating crayons,” said Jason. “The grid-like patterns throughout my work represent my own life and reflections, as minutes, hours and days that are all part of a single structure.”

        Jason’s mixed media “Srpuce” (not Spruce) offers one of the most striking examples of his unique “picking” style. “My work is very topographical,” he said. “[My paintings] look like they have gone through a state of deterioration. I see them as imagined worlds or landscapes.”

        As to sibling rivalry, Justin said: “There has never really been competition between us because we both excel in our own areas. There is a drive that we give each other. You learn from each other’s mistakes, you see what the other is doing. It’s like living two lives at once.”

        Largely, the brothers agree that art should be “enjoyable for the artist” and say they are “both deeply involved in what each other is doing, thinking and feeling.”

        The next three or four months will prove an interesting challenge for the twins as they embark on separate journeys after graduating. The two have rarely been separated from each other. Justin is going on a summer trip around the world and Jason is enrolling in an architectural program at Texas A&M.

        In other intriguing works, the wistful nostalgia of Susan Fagan’s paintings, “San Simeon, A Honeymoon Evening” and “Still Meadow,” is perhaps only exceeded by the artist’s personal statement entitled: “Places in the Heart,” a collection of written memories so compelling, a writing career might be entertained.

        Social angst is best illustrated in Melinda Budde’s self-portrait, and particularly in Budde’s, “The Wake,” which effectively conveys the black void of human alienation. Said the artist: “These works, painted during a time of stress and hardship in my life, reflect my feelings and concerns at that time.”

        “Acknowledge the totality of your being” is a phrase from the book: “Don’t Sweat the Small Stuff,” a line sculptor Cleta Renee Fussell said was the inspiration of her body of work. The artist’s declaration is embodied in a sculpture entitled: “Rene Reborn,” in which Fussell utilizes beads and natural material in a unique form.

        One of the exhibit’s most arresting pieces is found in Jennifer Peery’s reverence for the environment in a massive oil painting entitled, “Big Blue,” wherein the motion of a wave cascades in a flurry of color. “Nature is very important to me and [has] given me much peace and solace in my life,” said Peery.

        Other works include Rima Rackauskas’ black and white photography, Matt Thomsons’ “Organically Grown Painted Metal Sculpture,” Annie McKenna’s sophisticated ceramics and pottery, Emilie Fitzhugh’s “Sea of Reflection,” and Usha Wilbur’s strong use of color and organic shapes, as demonstrated in a piece called “Inner Workings.”

        “All of these students worked very hard,” said Avery Falkner, Pepperdine professor of art. “It’s always a luxury to have more [work] than you can use. There is an interesting variety and media represented here in a strong and professional-like show.”

        2001 Sales Start Off A Little Slower

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        People like to ask, “What do you think of the price?” There are easier questions to answer. Today’s real estate market features new price levels we are all adjusting to. Added to the mix is a forecast of total uncertainty.

        It is true that very few homes are on the market, relatively speaking. That bodes well for prices. But there are also hints that buyers are more resistant and the market, like the overall economy, may slow down. Some homes are selling quickly at impressive prices. Other homes? The owners wonder if they missed out on the best time to sell.

        It is hard to know what the right price is.

        Nevertheless, since the year began, Malibu homes described below found a buyer that agreed with their seller on price. Featuring a variety of neighborhoods, here are many of the most recent sales:

        A fixer home along the bluffs across from Zuma Beach sold for a little under $2 million. The main feature of the property was about two full acres of usable land with great views. The property also had a guesthouse.

        A home near the headlands of Point Dume sold for just more than $2 million, about 60 percent higher than its going price in 1996. The home is large, on an acre with a pool.

        Far out in the western hills of Malibu, a contemporary two-bedroom home sold for $525,000, a little more than its last asking price. The home, near Boney Ridge, had some ocean view and views of Ventura County lights at night, as well as three-plus acres.

        A small rebuilt home at the end of a cul-de-sac in La Costa Hills sold for about $800,000. It sits on a hillside overlooking the community tennis courts on Rambla Pacifico, and most of the Santa Monica Bay and coastline.

        One of the older homes in the Malibu Knolls area sold for more than $900,000, featuring three bedrooms and a peek of ocean view.

        The Malibu Cove Colony continues to do booming business. A home at the east end of the street recently closed for about $2.75 million. It has four bedrooms. Cove Colony has had at least 15 sales since the year 2000 began, though some were the same house selling twice and for much more the second time.

        Meanwhile, in 2001 very few beach homes in the rest of Malibu have been reported sold so far. There are certainly fewer sales overall this year compared to the hectic pace of recent years.

        An exception to the beach slow down, however, was a sale near Big Rock Beach of a home that sits with no immediate neighbors on a partially wet beach. The sale price was reported at $1,350,000.

        And, this month, a house on Las Tunas Beach sold for $1,060,000, with two bedrooms, about 50 percent higher than its ’97 sale price.

        A home in the hills of Big Rock sold for just under $1.6 million. Though that was one of the highest prices ever for Big Rock, the property was a full estate: it had a pool and tennis court and terrific views on a full acre of land.

        A very large home on the beach side of PCH along Encinal Bluffs sold for $1,275,000. It has six bedrooms. The home sold for $300,000 less in 1997 as the market was taking off. The property also includes beach access a short walk away.

        In the new development of homes on Sea Star, a new home has sold for $3 million. The Sea Star Estates, similar to the Sea View Lane homes of large Mediterranean flavor just up the hill, are beginning to market in that price range. Typically, the homes on both gated streets are more than 5000 square feet in size, with five bedrooms, pool and view on about an acre.

        An ocean-view estate in lower Rambla Pacifico has had three sales in four years. Following sales of about $1 million in 1997 and $1.4 in 1999, it sold for nearly $1.9 million with closing escrow in February. With about an acre and a half and a newer home, the back area had a nice patio and pool with the view.

        In Corral Canyon, a three bedroom house with a little guest unit in El Nido sold quickly for $650,000.

        The latest sale in Latigo Canyon is a home about three miles up that also sold last year. It did better this time, of course, registering at $650,000 with three bedrooms and some ocean view.

        Rick Wallace of the Coldwell Banker company has been a Realtor in Malibu for 13 years. He can be reached at RICKMALIBUrealestate.com

        Fur flies in dog debate

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          (The following letter was addressed to Daphne, the beagle.) Although you make a whimpering argument for equal civil rights and freedom from discrimination, the Constitution is clear that “all men (and now women) are created equal” and have the inalienable rights of life, liberty and property in the pursuit of happiness. Not animals! Human beings, not lower beings. Beatles, not beagles. We do not have tails, you do.

          While your animal idolater owners may believe, desire, think and demand that animals should have all of the same rights and privileges as humans, animals do not, and in my humble opinion, should not. The anthropomorphizing of canines, or any animal, is a strange, no, deranged mental and emotional pathology. I know people want unconditional love and dogs seem to give it to those that feed them, but a replacement for kids or grandads or other family or friends, just because they do not talk back negatively or condescendingly, is twisted. (So is wearing ribbons for dogs – traditionally for AIDS victims’ or prisoners’ causes.)

          One survey has shown that three-fourths of pet owners consider their animals akin to children, and a famous study found that nearly half the women surveyed said they relied more on their dogs and cats for affection than on their husbands. (The New York Times, March 25, 2001) I suggest their husbands be potty-trained.

          You also misrepresent what I have written and believe. I am just talking about THE BEACHES should not have dogs on them. I suggested and encouraged walking, running, pooping, peeing, licking, sniffing and socializing on sides of roads, parks, and fields (under control and cleaned up after), and particularly on the dog owners’ property. But why do you insist on coming to my home yard or the public’s beach? Did you know that you can transmit disease to ocean mammals when you play in the water? Why should you get rabies shots? Should you be allowed to infect dolphins and whales because you want to hang at the beach? And you really expect me to believe you do not ever pee or poop on the beach, ever? Who cleans up your pee? (The reason that Malibu Road lady said she did not notice the 27 tons of poop, by her own meticulous calculations, each year made by only two miles of Road dogs may be because the ocean tide was the best flush in town, no monthly water company payments necessary and no bag carrying either, yuck.)

          Unlike some difficult problems, there seems a real easy “win-win” solution here. In order for you to get mutual companionship and protection and security of home and property that dog owners love, and for us who want our own homes and the beach free of mongrels, just stay off it. Be at home (yours) or at some other public or consented-to private place. Is that so intolerable? It is not cruel nor neglectful to have one place off limits.

          Last, I know you think that you’re harmless and would not bite (4.7 million per year of which 3 million are kids is contrary evidence to that false claim), or scratch or jump up or run by and knock anybody down, especially a small child, but that may change when other pooches come running around. As Sgt. Bonjiorno of Animal Control said when I asked him why he thought those three dogs attacked the woman in Decker Canyon recently when one the the dogs was acting friendly licking the woman’s hand, he said, “The other two came around and then they ‘packed’ on her.” I had never heard that expression nor thought about that concept.

          Just like the dog idolaters who went to the City Council and viciously attacked Cookie Cutter with lies and false accusations. They ‘packed’ on her. Stay off the beach and have a wonderful life. In the meantime, we humans do discriminate lawfully against you and want you segregated because you do not have the same rights because you are not deserving of them, for the simple reason that you are not human. When you become one, call me up and we’ll walk on the beach together.

          In the meantime, how did you type those words so correctly on the keyboard? Oh, you wrote it longpaw! Don’t forget, go on the beach and the long claw of the law will gitcha, I promise, even if your owner used a stupid pet trick to try to remain anonymous.

          Sam Birenbaum

          Planning Commission postpones ‘hot item’ appeal

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          The Planning Commission postponed the hearing of an appeal by some residents on Baden Place who oppose a planning director’s decision to approve a 9,035 square-foot house in their neighborhood to May 21.

          The house, located on a 3.48 acre lot, would include an attached four-car garage and two detached guesthouses, a swimming pool, a tennis court, fencing, a driveway and a motorcourt.

          While staff recommended that the commission uphold the decision, thereby denying the appeal and approving the home, neighbors thought the proposed structure was too big.

          They said the proposed home is not consistent with the neighborhood character because it is much larger than the other homes in the area. Other homes in the area are mostly under 2,500 square feet in size, according to the neighbors.

          “It’s a hot item,” said Richard Carrigan, planning commissioner. “If the appellant sustains his position, it would be a watershed case with regard to neighborhood character.”

          Therefore, the commission decided to give the appellants the opportunity to respond to issues raised in the staff report and the applicant’s attorney letter.

          Previously, an application for the development of a 28-foot high residence was denied twice by the planning commission based on view blockage.

          In mid-October last year, the applicant submitted a new application for the development of an 18-foot structure instead of the 28-foot one.

          Except for the height revisions, the new application was essentially identical to the one previously presented to commission.

          • In other matters, the commission approved a staff recommendation to amend zoning text in the area of cultural resources.

          The cultural resources segment of the zoning code is intended to avoid damage to or destruction of important cultural resources within the City of Malibu. It defines culturally sensitive areas.

          In response to criticism that the process was taking too long, one of the amendments includes changes that will expedite the archeological process for construction projects.

          “Now the procedures are in place to allow the review to be done fairly, giving some control to the applicant as well, while still protecting archeologically sensitive areas,” said Ted Vaill, planning commissioner.

          Instead of only having city planning staff perform archeological reviews, builders can now also have an outside qualified person review archeology matters.

          The Planning Commission also continued an appeal for a project on Zumirez Drive because neighbors objected to the proposal based on view problems, environmentally sensitive habitat areas concerns and septic matters.

          The commission approved a request to build a 5,838 square-foot, two-story home on De Butts Terrace, granting a grading variance and allowing the applicant to put up two retaining walls.

          School district may privatize development program

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          The Santa Monica-Malibu Unified School District faces a July 1 deadline to bring its Child Development Program back into the black financially, or risk placing it into private hands.

          The program provides pre-school and before and after school services for elementary school children within the SMMUSD.

          One of the main problems of privatization is that salaries and benefits would most likely be reduced, explained Tanya Akel, research associate for the Service Employees International Union, which represents child development assistants who work for the SMMUSD.

          More than a 100 parents, childcare workers and teachers marched to district offices earlier this month to protest the idea of privatizing the program.

          “I agree that the state does not provide adequate funding, but the school district should find alternate sources of funding for this program,” said Akel, who supports the program as it is, under the umbrella of the school district.

          “Hopefully we will find a workable solution for everyone,” said Tom Pratt, school board president. “Right now we are at an impasse. I can’t say anything because we are still negotiating.”

          Nancy Cohen, director for Child Development Services for the SMMUSD, said the district is looking at possible private providers because it doesn’t want to wait until the “midnight hour” to make decisions.

          One of the effects the rally may have is that it will encourage people to call Gov. Gray Davis, and ask him to sign Sen. Bill 993, which would allocate more funds for the program, she said.

          Malibu parents and teachers say that children benefit from the program as it currently exists.

          Hanz Laetz, father of three, said: “Juan Cabrillo Elementary School is going to get $ 22,000 from the state because the excellent work the teachers and students are doing here.”

          Laetz, a news editor for KTLA, credits part of that success to the development program because it is operated by qualified teachers who challenge the children academically.

          “What is needed at Juan Cabrillo is a whole program, not just a few classes,” said Zoe Langley, lead teacher of the program at Juan Cabrillo.

          If you have a cheaper rate of pay, the personnel turn-around can be increased, which is not conducive for consistency, she said.

          But Cohen said the teachers in the Child Development Program are not certified teachers. They have a children’s center permit, she said, which “is not like a K-12 certificated teacher.”

          Cohen emphasized that privatization would not necessarily mean doom for the program. The district would continue to monitor the child development centers, albeit indirectly if it lands in private hands.

          “Many school districts throughout the state have grave financial difficulties,” explained Cohen. “State funding does not cover enough of the operating costs for this stand-alone program.

          “At this point in time our operating costs exceed our income,” said Cohen.

          Until now, funds came from the state, and the program raised parents’ fees in an attempt to survive financially. Cuts were even made in staff and administration to keep the program viable.

          The district wants the program to operate in the black. “If we can’t do that, as a last resort only, the district will hand it over to a private provider,” said Cohen.

          Private providers would simply take over the direction and there is a high chance that the teachers could stay on board, she said.

          A mistake made in haste?

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            The abrupt decision to replace Steve Amerikaner with the Jenkins and Hogin firm as the Attorney for the city of Malibu based on undisclosed cost savings and without the usual competitive search and evaluation of candidates is a major concern of the Malibu Township Council.

            A review of the costs for legal representation for the fiscal years from 1996 through 2001 complied by Steve Amerikaner in a non-confidential memorandum requested by Mayor Tom Hasse does not appear to support the alleged cost-saving decision.

            In fact, the following comparison of the annualized cost from March 2000 when Steve Amerikaner was hired with costs for the years from March 1996 indicates just the opposite.

            1996-97 1997-98 1998-99 1999-00 2000-01

            Actual Estimated Budget Actual Budget

            City Attorney

            $236,710 $216,710 $208,644 $407,763 $482,500

            Litigation

            Services

            $331,310 $331,310 $328,409 $229,919 -0-

            TOTAL:

            $568,020 $548,020 $537,053 $637,682 $482,500

            Steve Amerikaner (March/April 2000 – February 2001)

            General Services: 243,800

            Litigation Oversight: 23,464

            Litigation In-House: 32,136

            Total (11 1/2 months): $301,400

            Annualized: $314,504

            Per Mr. Amerikaner’s memo, during the first 6 months of his term in office, from March 15, 2000 through Sept. 30, legal fees were high due to “1) there were two elections and two changes of city manager 2) there was a substantial backlog of work when we arrived and 3) we were new to the job.”

            Despite these additional obstacles, our analysis shows that the resulting annualized legal cost was about $233,516 less than the lowest fees incurred during the tenure of Christi Hogin. Fees for all services during Mr. Amerikaner’s tenure, including litigation oversight and litigation in-house, declined from a high of about $31,700 per month for March-April to about $22,500 per month for September.

            Fees during the October 2000 through February 2001 period stabilized to about $20,000 per month. The projected $240,000 per year cost indicated that the purported savings goal was already in progress and the drastic move to change attorneys was not necessary.

            As for the cost projections that allegedly justified the swift, draconian action that the council took to remove an apparently competent, cost effective city attorney, according to a report in the local papers, it appears that only one councilmember claims to possess this information, and whatever its merits as an answer to this question, has yet to share it with the rest of the council or the public.

            The Malibu Township Council urges the City Council to reconsider and rescind their action, and attempt to remedy any problems with our present city attorney respecting fees or other matters through discussion and negotiation.

            If this process fails, the council should not negotiate a legal service agreement with Jenkins and Hogin, or any other single, favored law firm. It should, instead, protect Malibu citizens and taxpayers by initiating the normal competitive job search, appointing a citizen’s city attorney advisory committee to examine and report on the qualifications and experience of competing candidates for this very important position. Any eventual decision should be based on competitive proposals and interviews of interested candidates, including the Jenkins and Hogin firms.

            It may very well be that the council, having felt pressed for reasons not made public, acted with the best of intentions. However, whatever the circumstances, it does seem that the actions taken by the Council was a mistake made in haste, which can still be corrected.

            We sincerely hope that this communication will convince you of the necessity of your taking corrective action, substantially, as suggested above.

            Efrom Fader

            President, Malibu Township Council

            Keeping small-town charm

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              I am an ardent supporter of open space in Malibu and I am opposed to many of the development plans I hear proposed for Malibu lately. However, when I hear of a land conservancy possibly uprooting a long-standing part of Malibu to create a park (“Land conservancy exercises option to buy land along PCH,” March 22,), I am astonished. I’m sure I speak for many Malibuites when I say that I consider the establishments on the corner of Topanga and PCH to be part of a quaint little neighborhood. Where else will you find a feed bin (with a petting zoo no less), a bait shop, and an old-fashioned motel and neighborhood market just minutes from a metropolis of millions of people? It is part of that small-town atmosphere that is rapidly disappearing in Malibu. In fact, just a few weeks ago, our last old-fashioned produce stand was torn down, the “Line Shack” near County Line.

              Why not devote funds to preserving open land that is not yet developed instead of uprooting residents and businesses of a popular area? The amount of development recently at the mouth of Encinal Canyon and in Malibu Park is staggering. Perhaps we can preserve some of the last bits of undeveloped coast between County Line and Decker Canyon, instead of spending the taxpayers’ money to destroy a pre-existing area popular with locals and tourists alike.

              Frank H. Ryan

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