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State takes charge in Lower Topanga Canyon tenant evictions

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“We’re all very distrustful.”

It was the first time tenants of Lower Topanga Canyon had ever met in significant numbers (about 75 of them) with the people who plan to relocate them from their longtime homes. And they vented.

“Some of our homes go back 50-70 years. Would it not be possible to keep them and let them be part of the historical culture of the land?”

“What are you going to do with some of our 80-year-old citizens? A move will kill them.”

“We’re meant to be here. We’re the keepers of this land. My children have spent their whole lives here. Where am I going to take them?”

“Will you replace us with park rangers?” (Answer: “It’s premature to talk about what we might do with these structures.”)

“You want to bring people here from all over California. They will bring their trash here, trample the grounds, create fire hazards and cause more traffic congestion. We’ll keep the land the way it is, the way we always have.”

“How can you compare living somewhere else to this paradise we’re living in now?”

“You’re going to have to arrest me and handcuff me, because I’m not moving.”

But officials of the California Parks and Recreation Dept. had few answers to the tenants’ emotional outbursts. The parks officials came prepared to talk about process and procedures, not personal heartache. Timelines, not anxieties. Relocation, not dislocation.

The confrontation had been building for months, ever since it was announced the state had allocated $48 million to acquire 1,659 acres of Lower Topanga property owned by the Los Angeles Athletic Club through its parent company, LAACO, Ltd. The property stretches up through Topanga Canyon from Pacific Coast Highway.

Forty-nine tenants and their families have been renting homes on the property for several years. Many have lived there for 20, 30 and even 50 years. There are also 10 small businesses on the property.

The state hired a go-between, the American Land Conservancy (ALC), to broker the deal and relocate the tenants, hoping to avoid a direct confrontation between the state and its constituents. But the ALC and a company it hired to do the relocating, Pacific Relocation Consultants (PRC), angered many tenants, who felt they were being railroaded.

“They gave us a week’s notice of a hearing (last April),” said one tenant. ” The notice said we ‘will’ be relocated, giving us no options. They told us we would have to vacate our homes by the end of the year.” And she added, “The ALC and the PRC have been very, very, very heavy-handed.”

Perhaps because of that the state parks officials were forced to jump in and face the tenants before they would have liked. “State Parks has just been thrown into this,” said Mark Schrader, deputy director for Acquisition and Development. And he admitted they were not fully prepared to answer all the questions they were getting in the meeting Thursday night at Topanga Elementary School. But manager of acquisitions, Warren Westrup, said, “We are now mobilized to catch up.”

Here’s the view from the podium, as seen by different speakers, including Westrup, Schrader and Barry McDaniel, vice president of PRC:

“There are just as many people on the other end of the issue–the Sierra Club and others–who are asking us, ‘What’s wrong, why haven’t those people been moved out?’ “

“This land has been on Parks’ wish list for a long, long time.”

“We will look at buildings that might qualify as National Registry historical structures.”

“We’re in the business of clean water, parks, preservation. We aren’t in the business of providing housing.”

“We do understand the value of visitor-serving businesses.”

“There is a definite potential for keeping some businesses on the property.”

“We are not going to get into a debate over 1-2-5-year delays as an artist’s community.”

“We’ve used them before and they are very good. They will look out for you.” (On why PLC is being retained to carry out relocation despite hostility against it.)

“Our commitment is that you will get everything you are entitled to under state law.”

“With the payments you’ll get, some of you may be able to make a down payment on your own home somewhere else.”

“I want to make it clear that State Parks is interested in the preservation of natural resources and historical culture.”

Most of the questions and answers over 2 1/2 hours seemed to be at cross-purposes. But some concrete information got through.

Residential tenants will be given rental assistance in any new location they choose of up to $5,250 over 42 months. They will also have their moving expenses paid.

That was little consolation for those who have been paying rents as low as $450 a month and who want to stay in the Topanga-Malibu-Santa Monica area where rental space is scarce and expensive.

“What can you do,” said a tenant. “I’ll be forced to move to Barstow.”

Some visitor-serving businesses may be considered beneficial to public use and could be allowed to stay. Otherwise, they will be given a $20,000 relocation fee and possible compensation for loss of goodwill, that is, loss of regular customers and name recognition that has been built up over the years.

State Parks’ timeline is to complete acquisition of the land by the end of the year. In the meantime, it will conduct research into historical structures, water quality, archeological significance (especially Native American) and ecological balances.

Then a plan will be drawn for clearing the site and turning it into a public park.

Tenants will be gone by June 2002.

In the end, State Parks left the field of battle knowing they had finally gotten the process of relocation started on their terms.

Tenants had to be sobered by the fact that State Parks made it clear it is determined to get them off the land as soon as possible, even if not as soon as they had earlier been told.

“We hoped the guys at State would be smart enough to negotiate something fair,” said Scott Dittrich, co-chair of the tenants group Lower Topanga Community, “but we never really believed that would happen. They were just as arrogant as we figured they’d be.”

What’s next, legal action? “I hope not,” Dittrich said.

Another public meeting is scheduled for the evening of July 9 at Topanga Elementary School.

No-growth stance inaccurate

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We can all agree that the city would benefit from a ‘vision’ of the Civic Center. And insofar as the Civic Center Guidelines enhance the aesthetics of the area by proposing linear waterways, pedestrian trails and complementary architectural styles, they are valuable. But woven within these recommendations are two proposals that would result in major commercial zoning code changes and the creation of new roads, which make it easier to build bigger buildings and create more traffic.

These wouldn’t be a concern were it not for the fact that Malibu is indeed facing a gigantic amount of legally allowable new commercial space in the Civic Center and anything we do to expand legal levels of build-out will only intensify the traffic and pollution problems that invariably occur as the result of high-density development. For this reason your editorial linking opposition to the Guidelines with a ‘no-growth’ stance is somewhat inaccurate.

While reasonable people favor allowing landowners to build up to the 600,000+ square feet that they are entitled by the zoning code, your average resident would not like to see us change the code to make it easier for them to achieve over 400,000 more square feet as specified under the General Plan. It’s an unfortunate historical mistake that that the General Plan allows 67% more square footage than the zoning code, and a consequence of the large amount of land that LA County originally zoned as commercial. But General Plan levels are not a legal entitlement unless discretionary variances are given. If our goal is to limit development legally, the best way to do this is to strictly apply the current restrictions of the current code.

This is where the Guidelines as public policy need a few revisions. They propose increasing commercial building heights from 28 to 30 feet and eliminating the height restriction all together for designs with a ‘focal point.’ This is a misty standard, which is totally unnecessary and will inevitably result in bigger, taller buildings, with more view blockage and urban scaling.

The other loophole, which is an even more drastic departure from current law, is a modification to the open space requirement. Presently 65 percent of commercial lot areas are required to be open space and landscaping. As written, the Guidelines reduce this requirement to 40 percent by allowing open space and landscaping to be cumulative and not exclusive of each other. This may sound inconsequential but it represents almost a 40 percent reduction in non-buildable area, which can be used to meet parking requirements and expand building sizes dramatically.

The third proposal which would increase traffic is the addition of two roads through several parcels behind the town hall which were originally subdivided as agricultural land, are currently almost landlocked and have little commercial viability. By increasing thru-traffic, the new roads guarantee that higher intensity commercial uses will be developed on these sites because they will be gifted new commercial frontage.

The City Council should be commended for recognizing that major infrastructure changes in the Civic Center area should not be made in a cavalier fashion and for postponing adoption of the Guidelines until they are evaluated further. Since I’m concerned that the level of traffic we currently experience on beach Sundays will become the daily norm in Malibu because of the volume of new development, I hope they continue to demonstrate a cautious approach to the Civic Center issue.

Anne Hoffman

To stage on not to stage? That is the question.

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On July 16, there is a public hearing before the Planning Commission on issues relating to the Malibu Stage Company (MSC). The agenda is divided into two parts:

1. The request of the MSC to expand its CUP and then be allowed more intensive usage of the site.

2. Should the MSC and Pt. Dume Community Service District (PDCSD) be allowed to enter into a joint venture.

To item #1, I say no. Not without an extensive EIR. An extensive EIR was done in the mid-1980s and revealed that site has a very limited capacity to handle ground water/septic and hence both the Coastal Commission and L.A. County would approve only one home per two acres on the site. Currently, the site has a nursery with a staff and its employees, and I believe there is a guest house on the site. The theater building has the capacity to hold 100 people. Any expanded use must have a valid and detailed EIR. Not a negative declaration and CEQA exemption.

Item 2–No, absolutely and unequivocally no, to PDCSD usage of this site.

(a) It is against current zoning and hence would be illegal.

(b) Our neighborhood is NOT within their boundaries and the board members not accountable to us. No voting rights to select board members is given us.

(c) Any difficulties that the PDCSD is facing are the responsibility of residents of Pt. Dume and their elected board members to resolve, not our neighborhood.

(d) Would most certainly require an in-depth EIR and not just a CEQA exemption.

The fact that the MSC needs city money and is seeking a joint venture with the PDCSD might well be a symptom of a failing venture. I would like the MSC to succeed. They are creative and talented people who do not need to turn to the city or the PDCSD to succeed. I would strongly suggest that they establish a positive and mutually beneficial relationship with their immediate neighbors–one of mutual respect. We are willing and quite able to work with the MSC.

I have asked myself the following:

1. Will the release of city funds to the MSC, the city intending to not require an EIR, and the probable knowledge by the City Council of MSC’s need and desire to enter into a joint venture with the PDCSD allow for a fair and impartial public hearing on July 16, and perhaps later before the City Council?

2. Are my Pt. Dume neighbors fully aware of what their service district is doing, and that they may have the right to tax you? Do you hold your board members accountable?

Russell Drago

‘Not in my backyard’

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In your article, Patricia Chursky (I believe it is Chursky) failed to mention that the business she runs out of her home is that of RPC Development, who is partially responsible for the septic problems in Malibu. And that her home is a condominium which has a high septic-to-land ratio. It sounds as though she may be a NIMBA (not in my back yard) while benefiting financially from the proliferation of septic tanks in Malibu.

Andrew Blair

The Chumash way

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Most Malibu kids have never taken direction from their parents. If you could travel back in time and observe the initial Malibu Chumash family in their original Malibu shelter of white tree bark adorned with red leaves, you would see typical parents yelling at their primitive teen-agers for sitting around and brooding all day instead of hunting for grubs and berries like mom and dad. You would then see the primal teen-agers trudge to a nearby cliff and sketch on the rocks or throw sticks at the birds.

When modern Malibu Man established the town, the Chumash Indians were still running it. Let’s see, there were no taxes, no $15 million land bond debate, plenty of fish, plenty of deer, no tourist beach trash, no Chumash Code Enforcement Officer, plenty of recreational area for the kids to play, women did most of the work, the Medicine Man was free, the Chumash Council spent their assemblies smoking “something” in a Peace Pipe and the Chumash men hunted and fished all the time!

What comical Malibu City Council member is dim-witted enough to think they could improve on a system like that!

And that is all I have to say.

Tom Fakehany

Summer kick-off

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Here comes the barge

Each year on the Fourth of July we invite a bunch of friends to the house, confident in the belief that someone, somewhere here in Malibu, is going to cough up a whole bunch of dough to pay for a tug, towing a barge filled with fireworks, to entertain our guests.

For more than a quarter of a century that we’ve lived here, we have rested serene in the belief that someone, typically someone in show biz, had a very good year and is going to be this year’s great public benefactor.

However, as we begin to scan the horizon for those tugs pulling barges, by 3 p.m. on the afternoon of the 4th I always start to get nervous.

Maybe Danny DeVito is away on location. Maybe this is the year the studios decided to cut back on spending. Maybe Malibu is no longer the venue of choice for the 4th and they’re all off in the Hamptons, Tahiti, or wherever is this year’s hot spot.

But then we see that smudge on the horizon, and as it gets closer and turns into a tug we know we’re going to be entertained for another year.

Well, we decided to do some investigative journalism this year, and we have it from some very reliable and highly placed but unnamed sources that there are going to be at least five barges in the Malibu area off Malibu Colony, Zumirez, Broad Beach, Encinal off PCH, and a fifth unnamed location.

For a moment I was going to complain that no one on La Costa Beach or Carbon Beach had seen fit to get a barge closer to my home, but I decided against it for fear that next year they’ll ask me to kick in.

So, to our unnamed benefactors, we all say a collective “Thank you,” and our best wishes that your pics do big box office or your TV show gets picked up, or whatever. May the show biz gods smile on you for your generosity.

A river runs through it

Karen and I just came back from a weekend in Reno and there is something to be learned and perhaps copied from our experience there.

No, I’m not suggesting that Malibu needs a small tasteful casino, although I will admit I’ve often wondered how it is that the Chumash seemed to have been left out of the great Casino Giveaway and other tribes have become the designees of government largess.

What I am suggesting is that Reno has a lovely river running through the center of town, and they’ve developed little pocket parks and walks alongside it.

People sit along the river and picnic. They walk their dogs by it. And the geese and ducks appear to coexist very comfortably with man.

We have our own body of water–Malibu Creek–that flows most of the year.

I’ve never understood why we don’t try to take advantage of this lovely site and use it. It doesn’t have to be anything big and elaborate, just something a little bit pleasant and usable, perhaps a walking path, perhaps some shaded picnic benches. We spend a lot of time plotting to get additional recreational land but very little energy in trying to use what we already have in the inventory.

Malibu Chamber of Commerce Arts Festival

At the end of this month, on July 28 and 29, the city is holding the annual Chamber of Commerce Arts Festival in the city hall parking lot.

Over the years the festival has become both a favorite of the public, festival artists and vendors. In fact, the Malibu festival is considered among the top 10 of arts festivals.

The chamber intentionally limits the size of the event and has a waiting list, often turning away scores of artists. An artist can’t just sign up for the festival. There is a screening process and a jury.

The Art Festival is the major Chamber of Commerce fundraiser of the year, and it needs your support, so mark that weekend on your calendar.

Almost all of the businesses in Malibu lend year-round support to many Malibu charities and they use the Art Festival as an opportunity to refill the chamber’s coffers. Go there and buy something. It’s an easy way to give community support and there are always some very interesting things to buy.

Two legends die

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Family, friends and fans remembered Malibu’s Carroll O’Connor this week after his sudden death due to heart failure.

Memorial services took place at St. Paul the Apostle Church in Westwood for the man entertained by millions as “All in the Family’s” wisecracking bigot, Archie Bunker.

Joining mourners were fellow cast members Rob Reiner and Sally Struthers, as well as close friend Martin Sheen.

Sheen and O’Connor shared a special relationship and bond as the two struggled to help their sons overcome alcohol and drug addictions. While Sheen’s son, Charlie, won the battle, O’Connor’s son, Hugh, did not. Hugh committed suicide in 1995 following a 16-year battle with drug addiction.

Having lived through that heartache, both O’Connor and Sheen became dedicated anti-drug advocates and the tragedy served to strengthen the actor’s religious beliefs.

“He was a man of great generosity,” recalled Our Lady of Malibu Monsignor John Sheridan, a close friend of 40 years. “He had a tremendous capacity to reach out to his brothers and sisters and make the world a better place. He reached out to the poor, he reached out to children, he was a marvelous example of Christian altruism at its very best.”

Only weeks ago, O’Connor looked healthy and seemed to be in good spirits as he attended the Odyssey Ball to benefit the John Wayne Cancer Institute with Malibu neighbor Larry Hagman. Even so, O’Connor did suffer from diabetes and had undergone coronary bypass surgery in 1989.

During the course of his 40-year career, O’Connor was featured in television shows such as “The Untouchables,” “Ben Casey” and “In the Heat of the Night.” But it was his role in “All in the Family” that made him a household name and a star.

“He was one of the most intelligent and generous people I have ever worked with,” recalled O’Connor’s TV wife, Jean Stapleton. “Whenever I have the occasion to catch a rerun, I am reminded of his marvelous talent and humor.”

It is that talent, humor and capacity to love that will be remembered. In the words of “All in the Family’s” Norman Lear, “Carroll O’Connor as Archie Bunker was a genius at work, God’s gift to the world. He is etched permanently in our memories.”

Malibu’s Jack Lemmon, one of the world’s most beloved actors, died on Wednesday due to complications related to cancer.

Lemmon’s wife, Felicia, and two of his children were at his bedside when he passed away at the USC/Norris Cancer Clinic.

During his 50-year career, Lemmon appeared in 70 films including classics such as “Some Like it Hot,” “The Apartment” and “Days of Wine and Roses.”

His range covered everything from serious dramatic roles in the critically acclaimed “Glengarry Glen Ross” to comedy–notably his portrayal of fastidious Felix Unger in “The Odd Couple,” which paired him with Walter Matthau, who died July 1, 2000. In 1993, he and Matthau teamed up once again for “Grumpy Old Men.”

“He is one of the greatest actors in the history of the business,” said longtime publicist Warren Cowan. “To say one word about him would be ‘beautiful.’ It is an opinion that is shared by everybody who knew him.”

Lemmon earned eight Oscar nominations and won two coveted statuettes for 1955’s “Mister Roberts” and 1973’s “Save the Tiger.” He was also active in local politics. In recent years, he became a spokesperson for Malibu’s slow-growth movement and participated in several elections.

In 1988, he was presented with the American Film Institute’s Lifetime Achievement Award.

“When you look at his career,” said AFI founder George Stevens Jr., “there is a surprising diversity.” Before shooting a scene, Stevens recalled, Lemmon would say, “It’s magic time.”

“He would say it very quietly, but it was a little tradition of his.”

Lemmon may be gone, but his magic will live on.

Lemmon is survived by his wife, Felicia Farr, their daughter Courtney, his son, Christopher, stepdaughter Denise, and three grandchildren.

In lieu of flowers, the family has asked that donations be made to the National Resources Defense Council.

The Heart and Soul of Malibu

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Does Malibu have a Heart and Soul? I believe, as do many of the people with whom I have talked, that it does, and a very strong one though unexpressed, in story, symbol and style throughout the public spaces of the city.

The purpose of story, symbol and style encapsulated in public places is to express in tangible form the struggle of this city’s people.

Of course as you know, the city has no publicly owned land. The struggle from the Chumash Indians, who called this land sacred to the present citizens, is how to live in harmony with this beautiful, unique yet fragile land where the mountains reach down to touch the ocean.

To struggle with that is to try to answer the question, what does sustainable development mean in this time of increased urbanization? The fragility of this land demands some answers from all of us who love it.

One question is how long can we continue to pump more wastewater into the land, than the land can hold? Another is how do we assure that every public and private septic system is like Caesar’s wife, above reproach? And how much of our own energy can we supply, in the form of solar, or a small regional energy plant? Another occurs to me in the form of how much extra traffic do we wish to encourage?

If that begins to hold some of the struggle, then what is our story? What are our symbols? What is our style? How do we convey these things to everyone who visits here, as well as reminding ourselves who we are and what we are about.

This message has to be present in the Civic Center, in any new Community Center, in every park and ballpark we are able to build.

For those of you who, like myself, hoped there would never be anything built in the Civic Center, forget it. The time of just say no is past. We’ve run out of all the valid “no” excuses. There will be development there. To think otherwise is to live in an illusion.

But to question whether what is being built is sustainable development in terms of the whole area and whether it holds the Malibu story, symbols and style is appropriate. The guidelines that the City Council are considering cover the nuts and bolts of construction. In other words, the how of building specifications. This doesn’t yet deal with making the Heart and Soul of Malibu visible in a tangible design.

I believe the time is right for the council to set up three major meetings as it did for the development agreement, to obtain from citizens their insights into not only the guidelines, but into the crucial part; that is, the story, symbols and style of the Malibu struggle. When all the insights are in we may need the help of a design producer to bring these insights together into our city’s plan for undeveloped commercial land.

The advantage of that kind of comprehensive planning is that it gives the City Council and citizens some control over what goes where in relation to the city’s design plan for the few undeveloped properties. It also puts us in a better position to get matching public funds.

What will it take besides a plan? We don’t own any land. We are, as a city, going to have the opportunity to vote for a bond issue in November to have money with which to buy land. We don’t have a design behind which our citizens can rally.

The time has come for all the disparate segments of our city to come together and work together once again under the banner of proclaiming the Heart and Soul of Malibu and passing the bond issue.

And what do I hope will happen in the future? While living in Southeast Asia, I heard various groups of monks chanting the great OM, which I was told was the voice of the earth. My hope is that someday, people will hear the sound of the Malibu earth and the music of humans joined together in a whole New Harmony of sustainable development for our time.

Georgianna McBurney

Septic transfers causing a stink

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It is a horribly foul odor, and according to Malibu resident Patty Chursky, “there is nothing you can do sometimes. I just have to leave my house.” Chursky, who lives near the Malibu sign off Pacific Coast Highway, said the smell from septic tankers, working across the highway, operating a job they call a “transfer,” is so unbearable she is forced to leave her home office during some days.

“It’s horrible,” she said. “And I have a friend up the street selling her house. She had some people in there the other day and the truck came by. That smell hit the house and they were gone.”

And that’s not the worst problem as far as Malibuites are concerned.

What if the tanks spill the sewage?

For many Malibu residents, a transfer has disaster written all over it. Little septic tanks, which can hold only 2,000 gallons of waste, are smaller and more maneuverable than the massive 5,000 gallon tankers. So they are driven up small residential (or even business) roads in Malibu, vacuum in the sewage, then bring it back to a tanker, waiting like a mother ship alongside the road. With a vacuum-charged pump, the small tanker pumps its entire cargo into the large tanker in less than four minutes.

Tom Lubisich, president of Wastec septic company in Malibu, says it “is absolutely a minimum risk.” He couldn’t even remember the last time they had a spill. However, “every now and then you get a leaky valve, lose a quart, a gallon. But all the trucks carry bleach to neutralize the wet spots. And you know, [the city and citizens like Chursky] are really making a mountain out of a mole hill. There is so little risk involved, we might as well just say that everyday living is dangerous.”

Chursky is still concerned. She has taken her complaint to the Malibu City Council and Los Angeles County offices crying out against the lack of any health code or city ordinance dealing with street-side septic pumping.

And after banging on closed doors and talking to many a deaf ear, Chursky finally found Ken Kearsely, Malibu city councilmember. “He got right on it,” Chursky said. “There are the property issues and health issues, he understood that. And he knew [what the trucks are doing] is just not okay.”

Kearsely is now working to create a city ordinance with Waste and Water Management that would restrict transfers.

Chursky first placed her complaint in May, when she was nearly knocked over by the infamous smell, and noticed there were tankers parked across from her house overnight. She soon discovered that there is no law against the tankers transferring or parking overnight.

Lubisich explained that there hadn’t been any problem before around May.

“We had a lease at the Adamson House,” he said. “We paid rent there to make our transfers there. There never was a complaint of smell. We had enough space and we weren’t in anybody’s way.” The Adamson House was unavailable for comment as to why they terminated the lease.

But like many issues, it comes down to money and big (little city) politics, according to Chursky. The problem that she is now acknowledging and facing with Kearsely, is even if everyone agrees that the hit-and-run transfers should be eliminated, who “in a city that would scrap over every acre” is going to give the septic companies another safe zone? The job, pumping–nearly a dozen trucks working eight-hour days, every day, according to Lubisich–has to be done. The issue, as Chursky understands it, is a pragmatic one. She is learning to understand the pumping company’s plight so that she can better understand what sort of proposal will work.

“Wastec, Eli Jr. and all other pumping companies need to decide where they dump their sewage,” she explained. At Sepulveda Basin they can dump for 5 cents per gallon, but at Ventura they can dump for 2 cents a gallon. Then the issue becomes gas money, time spent sitting (polluting) on the freeway, etc.

Chursky realizes that the problem is much too big to shrug aside with a simple ordinance. Dump sites are miles away, and everything is expensive. She knows that there needs to be some place for Wastec and others to do their transfer. She even calls for Malibu to open some industrial space for such things.

Lubisich couldn’t agree more. “If we had a site, there would be no problem,” he commented.

Currently, the tankers can park overnight in residential areas. And they are still performing transfers across the highway from Patty Chursky’s house.

Thanks but no thanks

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We would like to thank Sara Wan and members of the Coastal Commission for their efforts in further enhancing the natural beauty of Point Dume Preserve. The turnabout and shuttle bus in front of a magnificent view creates a dimension of exquisite taste. The surfers especially would like to extend their appreciation for offering them parking availability and special consideration for “handicapped” surfers of which they take advantage.

Eating and drinking is now so common on the Point that we expect a catering truck to appear and park in one of the spaces on a semi-permanent basis. We’re sure the Coastal Commission will give their approval. When can we expect the portable toilets to appear?

Rumor has it that this “beautification project” is the result of a parking ticket received by a member of the Commission when she visited the Point before parking was permitted.

Ron and Polly Stackler