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School district may privatize development program

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13StarsManager
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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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13StarsManager
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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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13StarsManager
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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

Councilmember’s integrity attacked

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13StarsManager
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The old opposition returned to the offensive at the City Council on Monday night when Herbert Broking, longtime boyfriend of ex-Councilmember Carolyn van Horn, took the podium and hurled accusations at Councilmember Sharon Barovsky.

Broking said he opposes Barovsky’s involvement in the decision-making process pertaining to the installation of new city attorney Christi Hogin. Hogin was recently chosen to be the new city attorney as of June by councilmembers Jeff Jennings, Ken Kearsley and Barovsky.

Broking claimed that Hogin and Barovsky had worked hand-in-hand to obtain a settlement from the city for a claim that Barovsky had made eight years ago.

According to Broking, then city attorney Hogin pushed the council to settle with Barovsky for $80,000, but the agreement was removed from City Hall files.

“The suspicious nature of this contract raised many questions,” said Broking. “Barovsky should recuse herself from any vote involving Christi Hogin.”

As he spoke about the lawsuit and settlement that Barovsky had against the city for injuries incurred while she was on a city worksite in the early ’90s, Broking said, “This type of arrangement is unheard of in any city.”

“I’ve got documents for everything I said, but I did not find the settlement agreement,” said Broking.

Hogin, who was the city attorney for Malibu in the ’90s, was fired from that position about two years ago, Broking charged.

“I was confounded by the questions of what unique qualifications Ms. Hogin possessed to merit a raise of more than double her previous salary for a position from which she had once been fired,” said Broking, regarding Hogin’s recent appointment.

In response to Broking’s accusations, Barovsky said, “Your facts are so wrong that it borders on slander.

“I’m offended by your innuendoes, but I will tell my attorney to release all records for accuracy’s sake,” she said.

Councilmember Kearsley echoed Barovsky’s comments. “Have you no shame?” he asked.

“These innuendoes are uncalled for, it makes me sick and I’m sorry to see this,” he said in defense of his co-councilmember.

In a later interview, Barovsky indicated the city did not pay anywhere near $80,000, as Broking had stated. “He is right that I asked to have physical therapy paid,” she said.

Barovsky confirmed that she put in a call to her attorney so Broking can access any and all records having to do with her injury.

“I never discussed and never had any conversation with Hogin regarding this matter or regarding this settlement,” she said.

“Eight years ago, I had never had a conversation with Hogin about anything outside of the forum of the General Plan Task Force,” said the councilmember.

“His facts are so inaccurate, this is purely political, this is the same group that went after Hogin before, and they are trying to go after her again and I just happen to be the icing on their cake,” added Barovsky.

“After Mr. Broking has bothered to look at the facts; I will expect a public apology from him.”

Water could be scarce, costly for summer gardens

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13StarsManager
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One week you’re channeling storm runoff away from your house and clearing wind-damaged branches and the next week you’re counting the blossoms on bulbs planted last fall. It’s spring, and the wonder is everywhere.

Crocus, daffodil and grape hyacinth carpet the slopes in yellow and violet beneath pink flowering plum and cherry. The serious fruit trees are sporting white, pink and red blossoms that will become pears, cherries and apples if they don’t get damaged by a late frost.

Spring is also a time to marvel at what nature planted when you weren’t looking. Orange and yellow poppies and purple lupine push up among fields of deep green fileria. Horses will nose around the poppies and lupine to devour the fileria, one of the richest feeds found naturally in Southern and Central California. A vigorous grower that sends runners a foot or more from the main root, fileria will invade flower beds and lawns and can become a real nuisance. When the ground is soft after a rain, it can be lifted out with a weed fork, easily pulling up the entire root. But don’t wait too long, charmed by its tiny violet flowers, or it will become a daunting chore.

Blue flowers also are big in spring, covering mounds of rosemary and drooping from wispy stems of flax. Rosemary is one of the most useful ground covers for steep and rocky banks. Each plant can spread as much as four feet during its first two seasons and will trail gracefully over rock walls. If there are bare spots between the plants after the second summer, consider filling in with a white flowering plant like snow-in-summer or alyssum, which reseeds like mad and will fill in all sorts of gaps at the base of rocks, along paths and under trees. In places where the ground isn’t too steep, try the new low-growing varieties of white roses. While not quite as drought tolerant as rosemary, these floribundas need much less care than hybrid teas and are being used to landscape public spaces.

And speaking of the “D” word, many experts are warning that the price of water is bound to rise along with the cost of electricity needed to pump it over the mountains to our desert landscapes. Add that to a Sierra Nevada snow pack only about 65 percent of normal, which is cutting down on hydroelectric power generation, and you have the makings of significant water shortages this summer.

This does not mean that Southland gardens will be limited to succulents. But a xeriscape philosophy is definitely in order. Some people think xeriscape is synonymous with cactus, yucca and dry ornamental grasses. But it’s really just a way of placing plants with similar water needs together, instead of scattering thirsty annuals among hardier flowering shrubs. This also allows for significant labor saving.

The Theodore Payne Foundation has 21 acres of garden and nursery in Sun Valley. The nonprofit foundation, dedicated to the preservation and use of wildflowers and native plants, has demonstration gardens that show how to incorporate native plants and wildflowers into established gardens. While wildflower seeds are best sown in the fall, it’s not too late to transplant 6-inch and one-gallon size perennials and bush wildflowers.

Many are blooming now in Topanga Canyon on the sides of the road: mimulus (bush monkeyflower) with many apricot flowers along trailing stems; Centranthus ruber (Jupiter’s beard) a more compact plant with reddish pink clusters; and several varieties of ceanothus (mountain lilac), large bushes with small dark green leaves and white, blue or purple flowers. Ceanothus concha adapts readily to heavy soil and can tolerate some summer watering. Frosty blue has a vivid color but is a bit more finicky. Carmel creeper (c. griseus horizontalis) is grown extensively on public lands along the Central Coast and tolerates salt air. Ceanothus is better planted on rocky banks or in the background beyond the reach of sprinklers.

Many varieties of sage (salvia and artemisia) adapt to dry gardens: Russian sage is a large bush with clusters of purple flowers on long wavy branches; Mexican sage is a bit smaller, slightly less hardy; Salvia greggii, an upright, less vigorous shrub with tiny leaves, has bright red or deep pink flowers and is a favorite of hummingbirds. Buddleia (butterfly bush) is now available in several varieties with clusters of blue, violet to dark purple flowers on arching branches.

Mexican evening primrose (oenothera), while not a California native, can survive on dry banks with little or no care. It spreads by runners and reseeds with growth that can become rampant. Some varieties are virtually ever blooming. Pink cup-shaped flowers grow along 10-inch stems that can be cut back after blooms fade to prevent going to seed. A useful ground cover, it can be contained in flower beds, borders and will trail over walls.

For an undemanding and casual perennial flower garden, combine lavender (English, French and Spanish), yarrow (yellow, gold, cream and pale pink) and penstemon (several shades of red tubular flowers are commonly found in nurseries). Most varieties are perennial but a few, such as border penstemon (gloxinoides), are treated as annuals. Several annuals widely available in nurseries can be worked into native perennial gardens as they can get by with less water than cosmos or zinnias. Blue salvia, rudbeckia and some daisies and sunflowers can be set out now for color all summer.

And don’t forget to put in some herbs if you don’t have a separate herb garden. Several varieties of thyme are useful in natural settings and flower profusely in late spring. Feverfew and camomile have dozens of tiny daisy-like flowers on small mounds of soft green foliage and will reseed themselves all over the place. Herbs you want to use in the kitchen — chives, basil, oregano and French sorrel — might be better planted in pots on a patio or close to the house where they are easier to pick for cooking.

If you have a trellis, fence, deck supports or railings to cover, consider one of the many varieties of clematis. Evergreen clematis (C. armandii), a vigorous grower that’s almost indestructible, retains its large, glossy dark green leaves even in colder climates and has masses of glistening white, intensely fragrant flowers in early spring. While it’s happiest with its top in the sunshine, it wants its feet kept cool. If you plant it deep, where the ground is shaded by a deck, and cover the basin with medium bark to keep the root zone cool, it really won’t need that much water. Try to find plants that are only a few feet tall and already trained on a stake or you will have difficulty disentangling the branches. It can tolerate, even thrives on, ruthless pruning.

It’s not too late to add color to the garden, but be water wise and choose plants whose thirst won’t demolish your budget.

Dog stands up for rights

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13StarsManager
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I am writing in response to Sam Birenbaum’s letter to the editor regarding dogs in Malibu. I am a 14-month-old beagle named Daphne who has lived my entire life as a resident of Malibu. Whether dogs should be allowed on any Malibu beach at any time is at issue. In order to satisfy the needs of differing residents’ views, including mine, my owner’s, and Mr. Birenbaum’s, my owner and I believe that our law should either not discriminate against dogs and their owners and allow them to enjoy all Malibu beaches, or there should be the creation of a place where dogs can enjoy the beach with their owners.

I know many dogs, myself among them, that neither endanger children or others, leave feces or pee on the beach, chase birds or seals, disturb the peace with loud persistent barking, use the beach as an outhouse, trample through gardens, leave their owner’s leash, engage in territorial chases or promiscuous sniffing or humping in public, nor kick sand in anyone’s face.

I would argue that the majority of humans view dogs as loyal, loving, dedicated, caring companions who love children and their owners, and these humans enjoy their canines sharing the outdoors with them. As a dog, I have never forgotten what my human owner taught me as a puppy — “A dog is a man’s best friend.”

I am quite certain that Mr. Birenbaum perceives that all dogs engage in the behaviors he describes, and, as a result, Mr. Birenbaum proudly waves the flag for a call to legalized segregation of our Malibu beaches by the sheriff’s department.

To make all canines and their owners suffer by not being allowed to enjoy companionship and play at the beach together based on the acts of a select few dogs and their owners is sanctioning prejudice. Laws which legally persecute all members of any group, without regard to their individual behaviors, are wrong.

I, too, have lain on my back, watching the sky and taking in fresh nourishment of the sight, sound and smell of waves in quiet contemplation. I, too, enjoy being at the beach with my owner tossing a ball back and forth, and jaunting into the surf with delight or watching you stretching before surfing.

Further, by making no recommendation for creation of a place in Malibu where dogs can enjoy the beach with their owners, Mr. Birenbaum is a proponent for the ideology “separate and unequal.” Mr. Birenbaum seems to attempt to present himself as “tolerant” and “fair-minded.” However, it would seem that both his actions and his words indicate he is neither.

As all great students of world civil rights have studied, there are always laws on the books that are unjust. A just law looks out for the rights of all concerned.

I hope you will see me at the beach happily wagging my tail and making children that I love and you smile.

We all can learn something from watching Mr. Birenbaum’s behavior and learn greater tolerance, patience, and to express kindness to our fellow man and to respect all living creatures. Even to me. A dog.

Daphne

Culture revisionism

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13StarsManager
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I suppose we all have our heroes. One of mine is geologist M. King Hubbert, whose works have led me through a career and whatever small contributions I may have made to the science. Hubbert, in recognizing that the period since 1800 has been one of unprecedented exponential industrial growth because of large supplies of available energy, has noted that such growth must be ephemeral and hence is to be followed by a period of nongrowth. He said, in October 1974:

“One aspect of this transition from a state of exponential growth to a state of nongrowth is the present alarm over the ‘energy crisis.’ Actually, the world’s present problems are by no mean unmanageable in terms of present biological and technological knowledge. The real crisis confronting us is, therefore, not an energy crisis but a cultural crisis. During the last two centuries, we have evolved what amounts to an exponential-growth culture, with institutions based upon the premise of an indefinite continuation of exponential growth. One of the principal consequences of the cessation of exponential growth will be an inevitable revision of some of the tenets of that culture.”

Today, behind our rolling blackouts, lurks this ever-expanding cultural crisis that few seem willing to face. In fact, considering that the Sacramento legislature unanimously voted us into the present energy dilemma, one suspects that most are not even aware of the cultural basis of the problem.

What tenets of our culture need revision? Many come to mind, among them: 1), population limitation; 2), reasonable rather than mindless environmental protection; 3), absolute rejection of the liberal plank of compassionate permissiveness over merit; 4), modification of pie-in-the-sky libertarianism to a neo-libertarian version that does not require for its effectiveness a perfectly intelligent citizenry; 5), a conservatism that fearlessly rejects its more radical elements; 6), an abiding awareness of what someone once said (was it Lenin?): “Democracy carries the seeds of its own destruction.”

E.D. Michael

Shame’s the name of the game

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13StarsManager
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It appears the election season is on officially. I turned on my TV to watch the council meeting. Who should be spewing attack and vitriol but Herbert Broking, Carolyn Van Horne’s friend. The target was Sharon Barovsky.

I have been privileged to know Sharon well for the past five years. She is a woman who has devoted her life to serving this city. This devotion she has carried out brilliantly. I know Sharon to be a woman of great integrity.

By flinging half-truths and accusations of collusion between the former city attorney and Sharon, Mr. Broking attempted to imply that Sharon was guilty of defrauding the city of money. I find I can only quote Ken Kearsley as he passed judgment of Mr. Broking’s remarks by quoting the words of Ken Walsh to Sen. Joseph McCarthy long ago: “Have you no shame?”

I also repeat them to Mr. Broking. Have you no shame, Mr. Broking?

Georgianna McBurneyn mm

Doctor makes international house call

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13StarsManager
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City Council approves Las Flores Park design

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13StarsManager
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Saying it could sprout a community feel in the Las Flores Canyon neighborhood, Malibu’s City Council approved design elements for a park off Las Flores Canyon, about a quarter mile up from Pacific Coast Highway.

Las Flores Park would be nestled in the undeveloped area between Rambla Pacifico and Las Flores Canyon Road.

In the 5-0 vote, council members approved constructing a low-impact park with a “tot-lot,” restrooms and picnic tables, after first restoring the stream.

Two amendments were tacked onto the resolution — to explore creating a butterfly habitat and to establish a self-selected advisory group. City staff were directed to examine properties immediately across from the creek for potential acquisition, perhaps a place to house a much-needed community center.

Twenty-one residents spoke about community needs ranging from a dog park to a place for parents to bring their children. A general sentiment among speakers was that a park could help bridge Malibu’s wide geographic spread and cultivate a community feel for Las Flores Canyon residents.

Councilmember Sharon Barovsky recalled a recent day when she informally interviewed mothers playing with their children in front of John’s Garden, a small sand lot with swings at the Cross Creek Shopping Center.

“They unanimously said they hate being cooped up in a commercial area with their children,” said Barovsky.

Beth Lucas, who lives on Sierks Way and is the former president of the Lower Las Flores Mesa Homeowners Association, collected 291 signatures in just one week in support of creating Las Flores Park. Of those signatures, 82 live near the park, said Lucas.

Approximately 14 Malibu residents, sporting identical red ribbons pinned to their shirts, were in favor of a dog park at Las Flores Park.

“Even the most anti-dog person should support a dog park,” said Guadalupe Lerner, representing the group. Dog owners should be able to take their dogs to Las Flores Park “and hopefully not be chased by a producer with a video camera,” she said.

Parks Commissioner Dermot Stoker said, “I like this design. I think the aspect of creating a separate space at the very north end of the park for dogs is a good idea. We could fence off an area so the dogs could run free.”

A handful of residents said that creating a dog park within the park could be a “disaster” and goes against the desire to create a natural environment.

“I think this property can be a landmark for Malibu, a symbol for how Malibu preserves and protects,” said Malibu resident Margaret Schultz. While she did not express her opinions about establishing a dog park there, she suggested the park be the trailhead for a citywide trail system.

Mayor Pro Tem Joan House introduced an amendment to explore using the small building, formerly a residence, at Las Flores Canyon Road as a community room. It was, however, defeated 2-3 with only House and Mayor Tom Hasse supporting the amendment.

Also on Monday, the council overturned three appeals based on Planning Commission decisions. Councilmembers approved, 3-2, a site review and a variance for a request to build two, two-story single-family homes at 6164 and 6176 Galahad Drive. The projects were denied to the applicant, Gary Shuman, in February because the residences exceeded the allowed 18 feet in height. The commission, in a 4 to 1 vote, said a two-story home would have a negative impact on the ridgeline’s natural topography and visual impact.

In another vote, the council voted 5-0 to direct city staff to review the design for a variance for a two-story home at 27439 Latigo Bay View Drive. The Planning Commission previously denied the variance and the applicant, John Kilbane, had since altered the design to appease neighbor complaints that the house blocked views of the Santa Monica Mountains.

Also, a unanimous vote was taken in favor of withdrawing the city’s applications for MTA grant funds for the Point Dume shuttle and the Mini-Transit Center at Zumirez Drive and PCH.

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