The Malibu City Council, in a 5 to 0 vote on July 27 of last year, agreed to change the rules governing home offices after hearing testimony that the existing ordinance was so restrictive it virtually outlawed most home offices.

Now, almost seven months later, nothing has happened on this issue, and the item sits in a long queue of issues awaiting action.

The old zoning rules had prohibited employees, or even occasional customers, in one’s home office. This meant that lawyers, CPAs, psychiatrists, therapists, Web designers, writers, editors, artists, designers and many others could not legally run their businesses from their homes without having to worry that they were violating the law, and worry about the ever present threat of code enforcement officers appearing at their door.

The dilemma was part of a larger code enforcement issue that had come up in the 1998 election campaign. The council began its promised reform of the home office portion of the Interim Zoning Ordinance because it appeared, in a council consensus, that the rules were out-of-step with current electronic realities–homes were now wired with computers and faxes and Internet connections.

A staff report to the council had suggested allowing up to three employees in a home setting, and a number of other changes that dealt with signage, meetings, deliveries, hours and excluded businesses.

The discussion at the council meeting showed there were still many questions left to be decided, but councilmembers were clear in their intentions that they wanted to legalize most low-impact home businesses. They were headed toward approving a rational set of new rules to level out the playing field between home businesses and large estates that have countless employees coming in and out of their properties.

The council directed staff to send council comments to the Planning Commission, which is the next stop in the process to change the zoning ordinance.

At a recent council land-use subcommittee meeting on Jan 24, someone asked subcommittee members Mayor Pro Tem Joan House and Councilmember Jeff Jennings why nothing has happened. They also asked why it took so long to get the changes made even after the council had unanimously decided to make changes. The councilmembers thought the delays might relate to the city’s high staff turnover and the changeover in city managers, as well as recent elections that may have delayed the staff’s ability to work on the matter. They said they would look into it.

“The thing about home offices is that this was an easy one,” said Anne Hoffman, a community activist who has been involved in code enforcement matters for over a year. The home office ordinance changes would allow for more flexibility in the rules, and would eliminate the nonsensical restrictions that are currently in place for people who choose to work at home, she said.

The current law dictates a conditional-use permit is needed to operate a home office; technically, under the current rules, real estate agents cannot operate out of their own homes.

The proposed simplified rules would allow an employee to work in the home office and it would minimize special permit requirements.

“It’s stalled somewhere in the catacombs of the staff, ” said Hoffman. “That leads one to question–the commitment of City Council to improving any of the conditions created by the code.”

When planning staff was asked for an estimate of when the home office issue would get to the Planning Commission, they speculated not before March. The Planning Commission would then, as required by law, hold a public hearing on it, vote, and then pass it back to the City Council. The council would then hold another public hearing and craft an ordinance, which would have to come back for both a 1st and 2nd hearing before it could be enacted. Estimates were, even in a best case scenario, a year from the first 5 to 0 council action before actual changes in the zoning ordinance will be made.

The Malibu Times asked Interim City Manager Christi Hogin what caused the delays and what could be done to speed up the process. She described the procedure she follows to try and speed up council matters, and also track progress. The day following a council meeting, she holds a staff meeting with all department heads to review the council action of the night before, while it’s still fresh in everyone’s mind. Assignments are made to specific departments, with one department taking charge of a particular item to carry it forward. But then, that item gets into a queue with all other items on the department’s to-do list.

Also, a couple of days after a meeting, an action agenda is completed by the council secretary, outlining what action steps the council decided upon, and it is distributed. But the linchpin of all this is still staffing availability and the clarity, or sometimes the lack of clarity, of the council’s intentions.

Quarterly, all departments report to the council to review their priorities and their “to-do” lists, so the council can decide if it wants to rejuggle priorities.

In the meantime, the changes in the home office rules are stuck in the queue along with a number of other ordinances waiting for someone to pick them up and move them ahead.

Publisher Arnold G. York contributed to this story

Sitting as a court of last resort, the City Council disagreed with their own planning staff in a hotly disputed application to build a large home on Sea Vista Drive. It reversed the earlier approval of the home by the Planning Commision.

The council rejected the proposed single family home in a rare 3 to 2 vote with Jennings and Hasse dissenting. The principal rationale given by the majority was that the proposed house was out of character with the neighborhood.

Before they were approved by the Planning Commission, the plans went through three hearings and several alterations. But the council struggled at the hearing with the argument that there was no definition of term ‘neighborhood standards,’ which meant that even though the project might meet the legal requirements of the code, it could still be turned down if the council subjectively thought it was not consistent with the neighborhood standards.

The minority felt there was questionable legitimacy to what the council was doing, using an undefined ‘I’ll know it when I see it standard’ for neighborhood character.

Mayor Hasse said

” you have to follow the law even if it takes you somewhere you don’t want to go.”

That was pretty much what Planning Commission Chair Ed Lipnick said to the council as he defended the planning commission’s decision because they could not find any good reasons to deny it, despite its size.

Lipnick indicated that until the rules are changed in the zoning ordinance, the commission could not disapprove the project. The slope density formula needs to be established and the city needs to address mansionization in a new zoning ordinance, he said.

• In other matters, Sheriff’s Capt. John O’Brien spoke about the Sheriff Department’s intention to move back to Malibu. O’Brien said the return of the sheriff’s station will offer many benefits to Malibu, and the expense of the move back will not be borne by the city.

As for the space problem, O’Brien said they intend to co-locate in the same building as they re-establish the station. At first, the department plans to modify some interior areas of City Hall so the facilities can accommodate both entities.

“It is our vision to plan, redesign and build facilities that will serve the needs of the community,” he said.

“It’s not going to be tents out in front of City Hall,” said O’Brien, obviously referring to The Malibu Times cartoon last week. But he didn’t specify just how they intended to pack the additional people into the already crowded City Hall. While the transition takes place, he said the sheriff may even co-locate substations throughout town.

• Mark Olson, Edison’s regional manager for Public Affairs, gave a brief rundown on the energy crisis and its local impact. He reiterated the scenario, explaining that the problem comes primarily from a shortage in generation supply and a dramatic price increase, which followed as a result of the shortage.

California’s problem since deregulation can be drastically noticed when numbers are put side to side.

Clearly, the new year has brought an unusual increase of Stage 3 alerts since they now occur daily and blackouts have actually occurred in Northern California.

Edison’s cost for purchasing power has also increased in an unusual manner, according to Olson. In early 2000, the company paid 5 cents per megawatt. In November 2000, it paid 15 cents, and in December, the price went up to about 30 cents per megawatt.

“We have bills we have not paid for power we already purchased,” said Olson.

The system is broken and we asked the state to re-regulate the system, he said.

Meanwhile, Edison is cutting back on services because they had to lay off many people. Construction and hookup projects are stopped and repairs are delayed.

Conservation is critical, said Olson.

• The Council also heard community members who came to speak on behalf of Malibu’s children.

Mike Jordan, newly elected Santa Monica / Malibu Unified School District Board Member, came to share his vision of collaboration between the city and the schools. “We want to open lines of communications,” said Kate Ross, Malibu High School PTSA vice-president.

Parents and schools hope to establish a task force that will work on creative solutions to help children in Malibu.

Deirdre Roney, Webster Elementary PTA President, presented a resolution to the council that both cities and the school board should initiate and carry out meetings to discuss the financial needs of the schools and other matters aimed at improving public education in Malibu.

The implication was that the speakers were looking to Malibu to put in some dollars as Santa Monica had already committed to do.

Laura Stern, of the Malibu Youth Coalition, came to thank the council for its support of the teen center.

The center serves 30 to 40 students a day from Monday through Thursday and more on Fridays.

The center now has a Web site at Malibuyouth.org.

Unanimously, the council supported the speaker’s point-of-view and agreed to create a sub committee that will work in conjunction with school officials and parents.

“I want to volunteer to be your point person,” said Ken Kearsley, councilmember and a former schoolteacher.

In other action the Council;

• Awarded a contract to Withers, Sandgren and Smith in the amount of $89,224 for the redesign of Cross Creek Road’s infrastructure.

• Reviewed a new urban storm management plan ordinance it hopes will help put the city in a favorable light in the eyes of the Regional Water Quality Control Board and meet their guidelines, but will add additional burdens to hillside property owners.

• Awarded a $198,567 contract to Burns-Pacific construction of Thousand Oaks with the condition that the Coastal Commission would pay its share of $100,000 for the construction of the Cliffside Drive parking improvements.

These improvements were part of a settlement agreement between the city and the coastal commission. State Parks will also pitch in $43,000.

• Approved and prioritized grant applications suggestions made by Barbara Cameron, Grants Coordinator, and decided to place a Point Dume Shuttle grant request on top of the list.

Meeting the call for accountability in education, Malibu area schools ranked on the higher end of the Academic Performance Index (API) report for public schools throughout the state.

All three elementary schools exceeded the statewide performance target of 800, while Malibu High School missed the target by only one point.

Juan Cabrillo Elementary scored 837, Point Dume scored a high 901, and Webster Elementary scored 873. Malibu High School’s API score reached 799. (See box).

The three elementary schools are eligible for rewards because they met or exceeded statewide API targets.

Pat Cairns of Juan Cabrillo Elementary said she is proud of the children and teachers at Cabrillo, and of the support received from parents. However, she said the school’s goals are not test scores, but to provide a high-level education. The test scores are a result of the education the children receive, she said.

“We do not teach to the tests,” said Cairns. “Our prime motivation is to have a quality education for all the children.”

While Cairns said she does believe in accountability for schools and teachers, she also feels that there is a lot of pressure put on students and teachers alike from increases in mandatory testing.

“Some students do thrive under pressure, some don’t,” said Cairns. “[That] doesn’t mean they’re not smart or gifted.”

The API is the foundation of the Public Schools Accountability Act (PSAA–Senate Bill 1X), a Gov. Gray Davis-sponsored bill signed into law in April 1999.

The law authorized the establishment of the first statewide accountability system for California public schools. The API, the Immediate Intervention/Underperforming Schools Program (II/USP) and the Governor’s Performance Award (GPA) Program are the three major components of the system.

The API measures the academic performance and progress of schools. It is composed of a numeric index that ranges from a low of 200 to a high of 1000. The 2000 API has set this year’s baseline for a school’s academic performance and sets an annual target for growth. A API score of 800 is what schools should strive to meet.

“The 2000 API results reset the baselines and growth target for our schools,” said Delaine Eastin, state superintendent of public instruction. “In effect, each new reporting cycle provides a fresh beginning for every school. What is important is that, wherever schools are on the API scale, they can and must show academic progress. this improvement in student achievement is the goal of our accountability system.”

Results of the Stanford 9 test, given in spring 2000 as part of the state’s Standardized Testing and Reporting (STAR) program, were used to calculate each school’s API for 2000. In grades 2 through 8, the API measures student performance in mathematics, reading, language and spelling. In grades 9 through 11, the API measures performance in mathematics, reading, language, history / social science, and science. Grades kindergarten, 1st and 12th are not tested.

API Internet reports for schools are posted on the California Department of Education Web site at www.api.cde.ca.gov.

An unusual set of circumstances caused the city Planning Commission to make an unprecedented decision regarding a proposed housing project that would block the primary view of a neighbor.

The commission decided to disregard existing trees that already block the primary view of the neighbor, which would also be blocked by the proposed home. As a result, the commission, in a 4 to 1 vote on Jan 16, denied the project on Pacific Coast Highway based on potential views that would exist if the trees are removed.

The commission decided to look through the existing trees of the nearby home, which is occupied by a homebound senior citizen who could not trim them at the moment, but plans to do so.

They took into account that the landscaping could be removed and the proposed home would impact the view of the ocean.

But staff, who supported the builder’s project, wanted the commission to consider the area blocked by the trees as a pre-existing impairment, therefore, not a primary view area.

The applicant had already altered plans for the house after the application was denied in the past.

“It’s a difficult site,” said Planning Director Barry Hogan, in defense of the project.

In this case, the variance should override the view impairment factors because “this is the smallest house the owner can build to justify the expense,” said Florencio Signo, assistant planner, who prepared the project report for the commission’s review.

While it is true that a physically smaller house could be built there, staff thought that, with the building costs, it would not be economically feasible, said Hogan.

The structure would require a number of caissons to stabilize the area before construction on the house can take place, he explained. The portion that is blocking the view is under 18 feet in height. Additionally, the owners had reduced the front yard setbacks because they have to provide a turn-around space for fire trucks and two required parking spaces on the property.

But in an effort to avoid a precedent that would allow for variances on projects that would impact the view of a neighbor, the commission denied the building of the home as presented.

“Just because something can be built, it does not mean it should be built,” said Ed Lipnick, commission chair.

“The idea that we have to take into account the economic impact, is to me false,” he said of the homeowner’s complaint of unjustifiable costs of building a smaller house.

David Fox was the only commissioner who gave the green light for the home as proposed because he thought the applicant had mitigated the issues in the best possible manner.

In other matters, the commission continued deliberations about a single-family home on Zumirez Drive because neighbors were concerned that the story poles (wooden poles stuck in the ground to show the exact height and placement of a proposed home’s construction) were misplaced.

Additionally, the house may be composed of more glassy surfaces than the norm in the area, thereby creating a debate as to whether or not it fits in with the rural residential character of the neighborhood.

In yet another gray, zoning code area, the commission decided to continue the application because they wanted to review the code’s requirements for glossy and glass surfaces.

The proposed home would also include a bedroom in the basement area and questions were raised regarding the legality of this use for a basement designation.

Aside from the physical characteristics that make the home a difficult matter for the commission, the property is also located in an environmentally sensitive area where some people claim a rare wildflower [plumber mariposa] exists. But the flower cannot be clearly identified until it blooms in the summer.

However, the commission decided not to wait for the blooming to occur; they continued the case to February in an effort to clarify the story poles placement accuracy and to answer other questions raised based on the zoning code provisions.

The threat of rolling blackouts has driven many Malibu citizens to consider buying a generator to provide emergency power.

Standby generators can be diesel, propane or natural gas, but because the marketplace for these units is not as predictable as say, purchasing a television, prices can vary greatly.

Hap Holmwood, emergency services coordinator for Malibu, said, “It’s kind of a funny market. They have exorbitant prices.”

However, after looking at various options, he found a generator at a local Costco wholesale store for $500.

But purchasing a generator alone is not the end. While it is possible to supply power directly to a refrigerator or similar unit with this type of generator, it is not the best thing to do, said Holmwood. It is better to use a buffer system, known as a power manager system. It takes the erratic electric supply of a generator and stabilizes it. These systems need to be installed by an electrician and Holmwood found that the price of the unit and its installation usually costs under $1,000.

Yet, even with the power management system, a generator generally does not provide for an entire home. “You only connect it to certain items in the homes that will need to be supplied by the generator,” said Holmwood. However, “Don’t let the electrician talk you into an expensive generator,” he said. The generator Holmwood bought for the city runs for 8 hours with 5 gallons of unleaded gas.

Most companies say diesel generators are best, but prices tend to be much higher and these units are usually hard to find in small sizes.

The typical air-cooled gasoline or propane/natural gas generator is available at local hardware or lumber centers, but it will not last as long as a diesel generator.

Overall, conservation is key to the efficient use of home power because, unlike the utility line, the power that is provided by a generator is limited.

For emergency backup power for just a few hours a day or weekend, it is probably better to buy an inexpensive gasoline or propane generator locally.

“Generally, generators are used in what we call mission-critical applications, where it is not feasible to go without power for any length of time,” said Sherry McLamb, director of media relations for Falcon Electric.

The problem with generator power is that the power generated to run equipment is very dirty. That means it may have surges, spikes, voltage deviations, etc. Without a buffer, this dirty power passes directly into the equipment. Dirty power can cause data loss or damage to data, unnecessary equipment failures, as well as wear and tear on equipment. This is where uninterrupted power supply units (UPSs) work well.

“If you work in a lab using sensitive laboratory testing equipment, this equipment requires clean power to operate correctly,” said McLamb. “Otherwise, the data reported by such equipment can be skewed if the tests can be completed at all.”

The cost of the UPS, which works with power grid or generator-powered electricity, varies according to the total power required by the equipment a person wishes to protect.

But McLamb said a typical computer with a 19-inch monitor usually requires a total of 300 watts of power. Falcon sells a 700-watt UPS unit for $750.

Lower priced units are also available for more basic uses, she said.

But for people concerned about loved ones who may be on life-saving devices, these machines usually have a two-hour battery back up. Additionally, Southern California Edison offers a reduced rate and advance notice in case of predictable outage for these customers.

Point Dume prosperity has historical roots

By Rick Wallace/Special to The Malibu Times

There were no homes on Point Dume in 1925. There were no horses. There was nary a tree or bush; it was a barren, wind-swept peninsula. And then came a road.

The Roosevelt Highway was planned as a straight line from the shoreline at Paradise Cove to the edge of current day Zuma Beach. When construction was completed on Malibu’s first public road four years later in 1929, it sealed a fate for Point Dume. A fate that now means riches for its inhabitants.

Point Dume is Malibu’s only sizable neighborhood on the beach side of Pacific Coast Highway. That one fact alone makes it possibly the most coveted location in town. Some Realtors will tell you that more buyers inside and out of Malibu want to live on Point Dume — and nowhere else in Malibu — than any other place locally. The key reason is the location of the highway. What that means in this new year is that the average home sale on the Point is now more than $1.5 million.

Traditionalists mourn the loss of horses, corrals and trails down the ravines. But now, easy, safe bike riding and walking through level streets, insulated from the Pacific Coast Highway bustle, more than compensates for it. Additionally, the Point grows more stately through the years. Monterey has its 17-mile drive. Someday the Point may similarly lure its share of gawkers, drawn by its shoreline views, the Headlands Park, and picturesque estates.

For the wise souls who plopped down $35,000 in the 1960s to live in a small house on a flat acre in Malibu’s “ghetto,” the future has always been bright. With every upturn of the market over the last 40 years has come a disproportionate rise in values on the Point.

In the 1970s, a rock legend took to reclusion in the middle of the neighborhood. In 1984, a top entertainer paid a staggering $9 million for a bluff-top, gated estate and since then, the opportunity for upward appreciation has continued unabated.

Before Malibu’s first road to Point Dume, there was a railroad. The Rindge railroad wound onto the Point, passing through the current school site to Cliffside. A 1923 United States Supreme Court decision in favor of Los Angeles County against the Rindges forced a road by eminent domain to be built through Malibu. Fortunately, the Roosevelt Highway, and Pacific Coast Highway 20 years later, avoided intrusion onto the peninsula.

Dume Drive was the original path onto the Point, naturally following the saddle of the massive sand dune, still appreciated for its excellent geological integrity and distance from brushfire threat in the hills.

Beach keys for private gates might as well be minted in gold. On the Point, 28 homes sold last year for an average price of just under $1.5 million. That does not include the five bluff estates that boost the overall average to more than $2 million. Two estates alone, with no ocean view, brought well over that number.

It is typical that about 33 homes sell each year on the Point, where about 450 homes exist. It is still possible to get in for under $1 million, but time seems to be running out. For that kind of price expect a fixer home, probably under an acre, with no view.

The current median average is also close to $1.5 million. Last year, 11 homes sold for more than $2 million while about eight traded at less than $1 million. Inventory, like all of Malibu, is very thin. At this writing, only 20 homes were listed for sale, about half of those major bluff properties with big price tags.

More history about this rich piece of land can be found in a new book, authored by Judge John J. Merrick and Ronald L. Rindge. “Maritime Stories of Pt. Dume and Malibu” can be purchased at the Malibu Lagoon Museum, with excerpts featured in The Malibu Times throughout this winter.

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

A fatal accident occurred Friday when a pedestrian, allegedly walking along Pacific Coast Highway north of Topanga Canyon Boulevard, was struck by a vehicle that first collided with a power pole, said California Highway Patrol authorities.

The unidentified man, a transient known to friends as John, was reportedly walking on the landside of PCH, when a 37-year-old Los Angeles woman, driving a 1993 Plymouth Voyager minivan, hit him shortly after 4:30 p.m.

The CHP report said the driver was traveling west on PCH and drifted to the right and hit the pole.

No arrests were made and alcohol does not appear to have been a factor in the collision.

It is uncertain why the van drifted off the roadway, said the report.

Ray Abramian, public information officer for the West Valley CHP said, “As drivers and pedestrians, we have to take our safety in our own hands.

“I can’t impress enough that people should walk against traffic when they are in areas where there are no sidewalks,” he said.

The CHP is still trying to identify the 55-year-old man, and urge that anyone with information as to who this person was to contact the California Highway Patrol, West Valley area office at 818.888.0980.

Unofficially, auto collisions, resulting in fatalities in this area seem to be increasing. This is one of more than five traffic-related accidents in the area within the past seven days.