Home Blog Page 6864

Planners say yes to Calvo exemptions

0

Calvo exemptions to the Coastal Act, in place before Malibu became a city but later dropped, were approved in a 5-0 vote by Malibu’s Planning Commission at its Monday night meeting.

Up until 1991, under the exemption, state law stated that applicants for home construction projects on vacant lots in some Malibu neighborhoods–on the landside of Pacific Coast Highway–did not need review by the California Coastal Commission. When Malibu became a city in 1991 it refused to adopt the policy. This forced all projects to go to the Coastal Commission, and has caused numerous delays in construction projects ranging from as simple as putting up a fence to full construction of a new home.

Affected neighborhoods include Big Rock, Malibu Park, Point Dume (the interior), Topanga, Malibu Knolls in the Civic Center area, Malibu Country Estates, Trancas, Sweetwater Mesa, Carbon Canyon, Carbon Mesa and Las Flores Canyon. This is about 25 percent of Malibu’s total land area, said Planning Commission chair Ed Lipnick.

The reinstated exemption expects to reduce the processing time for obtaining building permits by six to eight months.

“There’s always been a hindrance for having development done,” said Commissioner Ted Vaill. “Not only would they have to go before the city, but also the California Coastal Commission.”

In other news, the commission unanimously approved sending the draft Civic Center design guidelines to the City Council. The commission tweaked about 20 typographical errors and sentence-structures, then appointed Lipnick and Vice Chair Andy Stern to review the amended guidelines and then recommend their adoption.

At the City Council’s May 29 meeting, it will likely discuss the guidelines, said Barry Hogan, planning director.

The commission has devoted five hearings to discussion on the guidelines since the council directed it to further revise them.

Also at Monday’s meeting, the Planning Commission voted 4-1 to approve a new two-story, 8,409-square-foot home on a 6.4-acre site on E. Winding Way. At issue was whether the applicant could be granted a variance for grading in excess of 1,000 cubic yards.

Tacked onto the commission’s approval were two conditions–the first to accept applicants offer of two deed restrictions for two separate parcels, thus dedicating them to open space. The other resolution was to incorporate landscape screening the home’s driveway.

Commissioner Richard Carrigan voted against the project, saying he was uncomfortable setting a precedent for other properties.

The city received eight letters from neighbors supporting the project, said Sheila Powers, assistant planner. “This is not your everyday project,” she said, adding that few lots in Malibu offer the flexibility to be subdivided.

Hogan agreed. “When you break this up and look at the pieces, it’s really not that different than any other site-plan reviews,” he said. The property is owned by Marc Gurvitz.

In another vote, the Planning Commission approved, 5-0, an application from Larry Miner for a site owned by a “Mr. And Mrs. Carsey” in the 28000 area of PCH to repair a failing slope covered by gunite, construct retaining walls, and provide access to a guesthouse and a deck at the base of the bluff.

All commissioners questioned why it took more than 14 months for the application to reach the commission. Associate Planner Meredith Elguira said, first a geologist reviewed the site and then the applicant had to slightly revise the project.

Commissioner Carrigan urged the city to do something, “even if it’s just a letter,” to get the California Coastal Commission to support the project.

Also, an agenda item before the Planning Commission to approve the construction of an 8,250-square-foot single-family home in the 6200 block of Porterdale Drive was continued to the commission’s May 21 meeting.

Lower Topanga tenants told to go

0

A relocation company has notified tenants and residents of Lower Topanga Canyon they must move out of their homes and businesses in order for State Parks to take over the land.

Acting as the middleman for State Parks, the American Land Conservancy (ALC) has hired Pacific Relocation Consultants (PRC) to relocate approximately 49 families and 10 businesses, such as the Malibu Feed Bin, Oasis, Reel Inn and the Topanga Ranch Motel.

In previous interviews, State Parks indicated it would not buy the land as long as it was occupied because it doesn’t want to deal with relocation.

“State parks should not be in the business of being landlord,” said Roy Stearns, deputy director for State Parks Communications. “I would hope the ALC would do it first — but there are still negotiations going on as to how this will work.”

The ALC has optioned to buy the 1,640-acre property, owned by LAACO, ltd. (Los Angeles Athletic Club) since the 1920s, for $43 million, with the goal of donating it to State Parks.

The curt relocation notice sent to the residents and businesses has caused uproar.

“It [moving] will kill these people, especially the older people,” said Scott Dittrich, a 30-year resident of the area and president of the newly formed Lower Topanga Community Association. “Old people can’t pick up and move again.”

The selling of the land by LAACO is not the problem, say tenants.

“There is nothing wrong with them selling the land,” said Dittrich. “The problem is State Parks is saying that they have to kick us out to have a park but we only occupy 3 percent of the land. There is no reason we could not co-exist.

“It would take up to three years just to get rid of the buildings and for the ALC to get a plan instrumented,” continued Dittrich. “They don’t have to get the people out until that time. It’s mean-spirited and unprecedented with State Parks acquisitions.”

Carol Winter, a resident who has lived in the area for 32 years, said she understands the particular position of LACCO. “They want to get rid of this land, it’s a pain on their side, but we are human beings and I want all the legal rights for the people, especially the elderly.”

Stearns explained that the ALC is acting as a middle man, which happens a lot with State Parks, because they can move a lot quicker than government entities with all its bureaucracy.

“If State Parks acquires land with tenants they become liable for relocation and then it [relocation costs] will be paid for with tax money,” said Stearns, emphasizing taxpayers will foot the bill if that is the case.

The timing of the letter sent by PRC on April 19, with short notice of meetings regarding the relocation planning process, has also angered residents.

Many did not attend the meetings scheduled for residents on April 25 (with an alternate date of April 27) and April 26 for business owners. They said the notice was too short and would not attend without their attorney.

“We were disappointed by the attendance,” said Julie Benson, spokesperson for LAACO, of the meetings. She said only 11 residents and two businesses total attended the three meetings. So now PRC has begun to contact people individually in an effort to get the relocation plan going, she said.

Although the option agreement calls for closing to occur by July 14, and State Parks does not want the land occupied when the transfer is made, Benson said, “That doesn’t mean the residents have to be gone by then. We expect the relocation process will be done by the end of the year.”

And the possibility of where residents would be relocated to is upsetting to some who have lived in the area for more than 30 years.

State law requires a relocation plan and benefits for eligible residents displaced by the sale of a property to a public entity, but it does not take into account comparable types of areas, e.g. beach proximity and scenic vistas.

“They think they can just move us to Pacoima or something,” said Dittrich. “The State Park system has become ruthless in how they try to deal with this,” he asserted.

Also causing concern, is the legality of relocation procedures and new leases drafted by LACCO just before the transfer, according to Frank Angel, an attorney representing residents.

“What authority does the ALC have to handle relocation?” asked Angel.

“In the past, they said they don’t handle it, but now all of a sudden they are handling it. The state has to do it,” he said. “They don’t have the full range of options, they can’t negotiate.

“To begin with, they have to give us some answers to some basic questions, such as whom did they receive the authority from? If they did, I think it’s illegal for the state to pass on this responsibility,” he added.

When LAACO asked tenants to produce copies of their leases, some of which are decades old, a few tenants could not find them and new ones were then issued.

“They are illegal,” said Angel.

The leases contain language where tenants would have to waive their relocation rights, explained Angel. “It’s unfair and unlawful.”

“The terms in the new leases give all sorts of pretexts to LAACO to get rid of people, introducing terms that are far beyond the earlier leases,” he further explained.

However, Benson said, the new leases gave tenants full relocation rights and benefits. She also said there were as few as six new leases issued.

Another debatable matter is what may be done with the land once it is acquired.

“The ALC has said that they have to make a 25 percent profit in any deal they make,” said resident Dittrich. “Where is the money gonna come?”

“There is obviously a development deal that will affect the area by PCH,” he added.

However, Stearns said: “If we get this land, and we do want this land, it will become a part of the Topanga State Park. That’s probably one of the largest acquisitions we have done in the last 20 years in the area.”

As for the businesses, “There may be some historic structures there that we may want to take a look at,” said Stearns.

“Before they start changing everything they better make sure it’s right because this is a uniquely charming place in Malibu and people may not notice it,” said Lloyd Ahern, a Malibu resident who owned a house on Topanga Beach before it was acquired by the state in the late ’70s. “But when it’s gone they will miss it.”

Afternoon gardens delight

0
 

Five Malibu homeowners opened their gardens to the Malibu Garden Club for a tour on Saturday. The gardens are a mix of do-it-yourself landscaping to professional jobs. Proceeds from the tour benef its student horticulture scholarships and community projects.

Afternoon gardens delight

0

 

Puppy pays with its life

0

Six weeks ago my wife brought home the most beautiful, bouncy puppy I’ve ever seen. We named her Pearl as she was all white with a brown patch over her left eye. Pearl brought such joy and happiness to our house. Pearl was from the animal shelter and from the moment she arrived she was so happy to be in a fenced yard with loving people and two big dogs that quickly adopted her for her playful ways. We could not have loved her more. But just tonight a stranger came to our door and said a little puppy was lying dead in the street. That street is Fernhill Drive. Our beloved puppy, which was a constant source of joy, had been killed, run over. She’d somehow gotten out of our fenced yard for just a couple of minutes. The driver didn’t stop. My wife, her son and I are utterly heart broken. How she got out of our fenced yard is not clear. We, of course, accept responsibility for her getting out but in my grief I know there is a larger issue.

For years, I have been outraged by the speeding in front of our house at Boniface and Fernhill and have spent hundreds of hours trying to get this city council, this police department and this public works department to do SOMETHING to stop the speeding. Three years ago, after being given a personal inspection of the successful and extensive speed hump program in Portland, Oregon, I created petitions and took them to every house on Fernhill and Dume Drive to attempt to install speed humps on these busy streets. I got over 65 percent of the residents on Fernhill to agree to speed humps and they even agreed to pay for them! A majority of Dume residents signed on as well.

The residents of any residential street should be able to decide on what is right for their street. It is past time for the residents of these two Point Dume streets to reclaim their RIGHT to equal safety and peace.

Speed humps and only speed humps make cars drive at 25 miles per hour. They are tested and they work. They work 24 hours a day, everyday. They work every hour you need them, not occasionally like a patrol car. A very vocal group decided they couldn’t tolerate the humps on this street. The majority of them didn’t live on these streets, they just didn’t want the inconvenience. Why in God’s name can’t we have 25 mile per hour speed limits in this residential neighborhood? Are the neighbors so busy they can’t slow down? Every day the cars race by our house. They go right over the double yellow lines and honk at us as we attempt to leave our driveway. Forty miles per hour all day and night. People view Fernhill and Dume as a county road not a residential street. This city has allowed that to happen. I am determined to change that.

I called Sergeant Mach just last week to request a police presence on this street. He’s our head policeman and he strongly favors the use of speed humps. He can only offer a couple of hour’s vigilance and speeding tickets per day out here. He’s only got six patrol cars at any given time for the whole of Malibu. I’ve called Chuck Bergson at public works for years about what he plans to do to slow the speeding. He keeps assuring me he’s got some plans that are being studied, considered, voted on. He’s well intentioned but he’s hamstrung by committees and several individuals on the public works that are flat out opposed to change.

My neighbors and I have put up signs begging people to slow down but they don’t’ and they won’t, unless we install those humps, put in roundabouts, narrow the streets, whatever it takes. We need full time enforcement. Cities across America use these measures. Why don’t we? Do I think the cops can stop the speeding with their total of six cars for all of Malibu? Not for a minute. I’ve been to the city council numerous times, left them information about speed humps and other traffic abatement methods, methods that work around the clock to slow traffic.

Have any of the council members come to observe at 8 a.m. as the SUV’s speed to the elementary school to drop off their children or when the commuters come flying down the street on their way to their quiet side streets somewhere on the Point or when the AA members race in to make their meetings? Never once! They only seemed truly committed to bringing more development to Malibu, more traffic. That is all they seem to really give a damn about. What about public safety for God’s sake?

I washed Pearl’s blood off the street tonight. She is gone. We will miss her terribly. We loved her. Do I harbor any prospects for the City Council to address the speeding on Point Dume? Only if the families on this Point decide that they want to impose sanity on these residential streets will that happen. If we can’t unite to accomplish something so basic as safe streets what can we achieve? Please don’t tell me a child has to die to finally get a grip on speeding on Fernhill and Dume Drives. Hell, this time it was only a precious, beautiful, little puppy.

Bob Carmichael

Animal petters, repent

0

Foot and mouth disease may be on its way, but E. coli bacteria is already here – and it’s everywhere, from fast food restaurants and supermarket shelves to petting zoos and “barnyard exhibits.”

The Center for Disease Control and Prevention (CDC) states that exposure to “barnyard exhibits” increases one’s chances of contracting E. coli infections, particularly for children, who commonly put their hands near their mouths after petting the animals. The CDC suggests that organizers of animal exhibits “provide more adequate hand-washing facilities and ban hand-to-mouth contact close to the animals.”

People for the Ethical Treatment of Animals (PETA) thinks that suggestion is all washed up! If you want to avoid E. coli, avoid the animals-dead or alive. Whether on your plate, or in the barn, cows, chickens, goats and other farm animals can be harmful to your health.

As more and more people adopt a vegetarian diet, our need for “farm” animals will diminish, as well as exhibits where we can gawk at them, therefore lessening the threat of E. coli contamination. Contact PETA at 1-888-VEG-FOOD for a free vegetarian starter kit.

Heather Moore

Public really in the dark

0

At last, a glimmer of reason has appeared in the Malibu Times. This well written and cogent article has put the blame where it belongs, on the environmentalists and their political lackeys who have literally run unchecked throughout this state for decades. This started with the hysteria over nuclear power plants and Governor Moonbeam and his “less is more” mentality. The economic costs of their meddling through coercive, unreasonable and unrealistic laws, contradictory and costly regulations and lawsuits are finally coming into the consciousness of the public. The economic crisis that we are having now is painfully instructing people that there is a cost benefit ratio that has to be considered for not only environmental protection but also for the welfare of the citizens. This cost in the form of endless lawsuits, idiotic government regulations, bureaucratic stupidity, decreased productivity and wasted resources has not been counted until now. The steep rise in gasoline, natural gas and the concomitant costs in electricity is finally making a long overdue impression on citizens. It is long past time for the radicals to admit that people are important too.

It is also long past time that politicians admit their culpability in this travesty also.

The blockage by environmentalists and their political allies of new or expanded power plants, oil exploration, refineries and gas production has certainly not improved the economic situation and this summer the fruits of environmental radical policies and the politicians genuflecting to this special interest group will be borne by the ordinary citizen. The abject failure of our dimbulb governor to acknowledge the causes of the problem and actually do something constructive should be obvious by now to everyone including this newspaper.

The pathetic best that our governor can do is threaten producers with confiscation or propose unsound buyout proposals. As if that will make entrepreneurs and developers of power flock to this state to invest their money in power plants. Like a typical Democrat Davis believes that all you have to do is appear tough, threaten the big bad corporations, or pass a badly written and incredibly stupid law and these kinds of economic and modern necessities will magically appear, cheaply and to be had in abundance by all. For example, the light bulb police checking to make sure businesses have their lights out at certain times. Or worse yet, the politicians will threaten that the government will take over the entire system. Well, folks, if you think the DMV is bad wait until a similar bureaucracy starts managing power plants or the electrical grid system. So this summer when you are at home, in the dark, stuck in traffic due to no traffic lights or, even worse, stuck in an elevator when a blackout hits remember that it was the Democratic politicians and the econuts that got you there.

Charles T. Black

Libertarian Party

To govern, or not?

0

Included in letters to the editor this week is one from a member of the Libertarian party congratulating us on a guest editorial that ran last week. Thank you for the kudos, but the editorial was not written by me. An attorney wrote it for the Pacific Legal Foundation and, in the main, I didn’t agree with his premise or the Foundation’s premise that the problem with our world is government.

I don’t share this almost child-like belief that if government would just leave the environmental problems and energy supply problems alone, the free market would work them out. It seems to me to be sort of Pollyannaish.

Being a very empirical person, I look at the energy crisis, and at a bunch of free enterprise utilities running to the government and whining about how they were forced into deregulation and about how they, therefore, should be bailed out, and I wonder whatever happened to the free enterprise system. If they made a dumb decision, should we just be saying “Tough”?

Now having said all this, and having spoken up to defend government, you might well wonder why it is that I truly believe the bad reputation enjoyed by government is frequently well-deserved and often the result of self-inflicted wounds.

I believe that people dislike government because governments consistently do some of the dumbest things imaginable. And just so you don’t think this is some philosophic discourse, I’m going to give you two very local examples that are happening as we speak.

Example # 1

This past weekend, the Malibu Farmers’ Market reopened in the City Hall parking lot after a winter hiatus. It’s no great secret that they’re struggling and they desperately need community support if they’re going to stay in business. To make it a more inviting event, they have food booths and fun things that will attract families with children, to try and create a comfortable friendly atmosphere. To make it work the city gives the space, and has given money directly to the Farmers’ Market.

So what happens? A sheriff’s department ticket giver, who drives around in a little white sheriffs car with a decal that says “community service officer,” which one could argue is a bit of a misnomer, decides to start ticketing cars that are parked at an angle alongside the Chili Cook-Off site.

I must admit that he got me, along with a bunch of others. The reason we parked at an angle was because the others before us parked that way. There was no sign that said you couldn’t, and it made space for more cars. It was apparent that whoever gives out tickets–and by the way these are frequently part-time, low-paid and minimally trained individuals, sometimes not even old enough to drink–is running around exercising some very poor governmental judgment.

Almost everyone I talked to thought the tickets were sheer idiocy and were prepared to go to court to fight them. I think if the sheriff’s department is able to squander its manpower in this sort of silliness, perhaps it simply has too much money in its budget and too much manpower.

I, for one, am going to take a much harder look at the department’s budget when it comes up again. I would like to see a public explanation about the entire so-called “community service officers” and who’s hired, how they’re trained, how they’re supervised, and perhaps a public discussion about whether or not we really need them.

Example # 2

The State of California and the California State Department of Parks want to buy the 1,600-plus acres in Lower Topanga Canyon from the Los Angeles Athletic Club holding company. A budget of $40 million has been allocated for the purpose. The goal is to make that land available to California as a public park.

However, State Parks won’t take it unless it is vacant and free of tenants because in past deals the department got burned–it took years to get rid of the tenants. So the state wants to throw out all the tenants, but also it doesn’t want to appear to be the heavy; it looks bad when the state uses its power to muscle citizens and small businesses that don’t have the finances to fight back.

So a deal is cut with an organization called the American Land Conservancy (ALC), which has a contract to buy the land. The ALC is now in the process of throwing everyone off the land and that includes the Malibu Feed Bin, Oasis Furniture, the Reel Inn, the Topanga Motel, the Topanga Ranch Market, Something Fishy Sushi Restaurant, Wylie’s Bait and Tackle Shop, Thai Beach Caf, an assorted group of other businesses and renters, some of whom have been there for 20 or 30 years.

In other words, the state proposes to tear down the only reasonably priced visitor-serving area in Malibu so it can make room for a new visitor-serving area. If a private developer attempted anything this heavy-handed, people would be laying down in front of the bulldozers. Apparently, this little cute deal has the support of the environmental community and our state legislators because they all want the acreage.

It my opinion the deal stinks, and when government goes into the tenant removal business and hides behind some shell environmental wheeler dealers, to me, it’s unconscionable. It can only make you wonder if the Libertarian may be right after all. Maybe government really can’t be trusted.

Save the steelhead

0

I have enjoyed the articles written by your reporter Ann Salisbury.

Over the last 50 years I have fished in the Malibu area. I have caught and released many steelhead in the creek. I’ve watched their numbers dwindle to almost zero due to poor water quality upstream, instream and downstream. It’s frightening. By the time decisions are made about what to do with the Rindge Dam, how to control the City of Malibu’s continuous pollution, and how to control the Tapia Water Treatment Plant, there won’t be any steelhead to save.

Realtor Louis Busch claims the fish have never gone above the dam, but others show pictures of braces of steelhead that appear to have been caught way up near Cornell in the early 1900s. I don’t know who is right. But I do know that when I heard Mr. Busch say at a public meeting that he didn’t care about the fish, and why don’t we just buy them in the grocery store, it makes me cringe that such ignorance has anything to do with real estate.

Keep writing those excellent articles Ms. Salisbury.

Michael Hart

Waves takes on NBA coach

0

Pepperdine University shot their men’s basketball team to the next level mid-April when they named Paul Westphal their new head coach. The former NBA coach, who headed the ’92 Phoenix Suns to the league finals, brings proven talent and winning experience to Waves basketball. And with that, he brings expectations.

Pepperdine has teetered on the cuff between Cinderella success and established preeminence the past few years, taking an invite to the NCAA tournament in 2000 and trips to the NIT in ’99 and ’01. Yet it remains in a limbo outside that field of marquee teams that includes the Waves’ colossal neighbors to the east, in Westwood and Troy.

That divide could diminish, at least in expectation, with the addition of the former USC baller and NBA all-star to the staff. In his initial press conference, Westphal noted that he thinks, “The pressures [at Pepperdine] are different than what you deal with in the NBA or at a college program that is consistently ranked nationally.” He thought that “was an attractive part of the job.”

Westphal is a “Southern California guy,” and is taking a job that affords him the “opportunity to live and work in an area [I] consider home,” he said.

Westphal, who now lives in Manhattan Beach, is fresh off a job in Seattle where he coached a Sonic team loaded with talent and expectation to a modest 76-71 record the past few years. He was fired a few games into this season, after getting off to a poor start (sub.500).

However, he has proven that he can come into an organization, step up to the line, at the highest level, and win. In his first season as head coach with the Phoenix Suns, he set an NBA record for wins by a rookie coach and took his team dangerously close to an NBA title.

The change from professional ball to the collegiate level, while it brings pressure and expectation, is, after all, a step down for the proven coach. In his press conference he laughingly acknowledged that Pepperdine doesn’t have a private jet to whisk the team off to away games. But he stressed the point that he has “never taken a job and viewed it as a springboard,” swatting away rumors before they could come up that he was taking the gig as a stepping stone toward his come-back tour in the league.

He went on to say that he hopes things go well in Malibu, and hopes he is at Pepperdine for “a long, long time.”

Explaining his choice to replace Jan Van Breda Kolff, who resigned as the Waves’ head coach April 8 to go on to St. Bonaventure, Pepperdine Athletic Director John Watson cited Westphal’s “solid basketball background, both as a coach and a player, and his ethical values” as the traits that attracted him most to the coach.

The 50-year-old Westphal started his coaching career at Southwestern Baptist Bible and Grand Canyon colleges in Phoenix before taking an assistantship with the Suns.

Westphal’s daughter, Victoria, is a recent graduate of Pepperdine and his son, Michael, played as a walk-on guard for the Waves basketball team this year.

As for basketball predictions, look for Pepperdine to exert as much pressure as they are under in 01-02. The Waves have traditionally been an energetic, athletic and aggressive team. “Pressing and up-tempo play” has been Westphal’s coaching forte. But he may have to do it all without the Waves’ most prolific scoring machine, shooting guard Brandon Armstrong, who has made himself available for the NBA draft in June. Armstrong has left himself a loophole that would allow him to retract that move up to a week before the draft and still enjoy his full senior year eligibility at Pepperdine.