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Take a stand for land

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“Wealth without virtue is no harmless neighbor.” (Sappho, circa 600 B.C., Greece)

We must be able to recognize when we have lost. We must know what we have lost. We must be able to acknowledge it to self and to others. And we must know that some losses are irrevocable.

We must know the difference between sitting down at the negotiating table with something left to negotiate, as opposed to kneeling at the guillotine.

Malibu has already been lost. She has been lost as habitat to wildlife. The ignorant laugh and jeer when monarch butterfly habitat is mentioned. Have they never known a coal miner and a canary? Can they not make a connection?

Loss is one thing. Treachery is another.

The Malibu Bay Company and Mr. Perenchio offer a ball field for Malibu — and Joan House and Tom Hasse do not rise up and stride to the sea to proclaim the outrage?

They call it “an honorable exchange.”

Please let us take honorable defeat. And call it what it is — rape.

And we all stood nobly by — and nodded, “Well, we did our best. You can’t fight the bottom line, money talks, property rights and the little kids need a ball field. Nay, they are “entitled” to a ball field — just like the little kids in Indianapolis. Which is one huge, flat ball field — but without one square foot of ocean.

If you don’t realize what you have — how can you protect it?

Loss of the land, loss of open space, lost of wildlife is irrevocable. Once gone, it can no more be resurrected.

Don’t take blood- money. Don’t deal with the devil. Do not crown their victory with a monument. Remember what we have lost and what we are about to lose. That, and that alone, should make us brave enough to risk saying, “No deal.” “Not one more square foot of further development in Malibu.” “It cannot be sustained.” “There is nothing to negotiate.”

Trish Van Devere Scott

Stage Reviews – "Night Sky" and "Merrily We Roll Along"

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Playwright Susan Yankowitz has bravely written a two-act play about loss of speech. The Odyssey Theatre Ensemble has even more bravely taken it on, offering it up in a visually exquisite production and casting a miracle in its leading role.

“Night Sky” follows an astronomer, at the height of her career, who suffers a head injury resulting in aphasia — a loss of power of speech.

As the play begins, Anna (Kimberly King) is lecturing (simply enough for the nonscientist to understand) on matters celestial. “What we see represents 10 percent and possibly 1 percent of what exists,” she tells us.

At home, Anna relentlessly pushes her struggling-singer boyfriend Daniel (Robert Lee Jacobs in a multifaceted portrayal), nagging him to rehearse, then scolding him to be quiet. She also offers a less-than-motherly shoulder to her daughter, Jennifer (Kimberly Rose Wolter).

The metaphors fly. Daniel tells Anna she has stars in her eyes, her head in the stars. Anna’s daughter, Jennifer, is studying French — the future tense — and doesn’t know it. “Who does?” Anna asks, also telling Jennifer the world does not revolve around her, despite Copernicus. Daniel gives Anna a necklace — a river of stars, also a metaphor that later reappears.

Anna and Daniel fight, she runs out and is hit by a car. She suffers aphasia, a condition of the brain affecting vocabulary, syntax, and understanding of abstractions such as time and space.

At first, Anna speaks gibberish, but she enjoys the flowers Daniel brings and the opera on his headphones.

Her colleague, Bill (James Gale), meanwhile, lectures his class on the theoretical explosion of the universe — and life began again.

Anna struggles to relearn the difference between yes and no. Words are scattered over her brain the way stars are scattered in the sky, we are told, the way light is trapped inside a black hole.

Daniel doesn’t understand her at first, then becomes her interpreter, then her spokesman. As they grapple with the changing balance in their relationship, he tells her they are puppet and puppeteer. But which is which?

The metaphors hang heavily over the first third of the play, but happily the style turns away from pretentious. By the play’s end, the neatly crafted human relationships are its more affecting element.

Directed by Hope Alexander, the play seems seamless and timeless. King squeezes more power and interest out of Anna’s struggling speech than many can from the wordiest characters.

Jeanette Schwaba Vigne is sympathetic but firm as the speech therapist, then comical as a salesperson or well-meaning friend. Steven Amato plays an aphasic patient, journalist and young suitor with equal facility.

With scenic design by Lawrence Miller, Anna’s home is round like the sky, and “space-shaped” screens reflect urban and celestial life, in conjunction with imaginative lighting by Kathi O’Donohue. Music and sound by Max Kimberg parallel Anna’s struggles and help propel the story.

“Night Sky” plays Wednesdays through Saturdays at 8 p.m., Sundays at 7 p.m., matinees March 23 and 26 only, through April 9, at the Odyssey Theatre, 2055 S. Sepulveda Blvd., West Los Angeles. Tel. 477.2055.

The surprisingly hummable songs, a nifty story-telling device and the knockout cast take the audience for a terrific ride in “Merrily We Roll Along” at West Coast Ensemble. Even the poignancy of the story can’t take away from this triumph of art over life.

With music and lyrics by Stephen Sondheim and book by George Furth, the musical looks with warmth and insight upon our past and the past of three friends, now professionally successful, less so in their personal lives.

The play happily has neither great surprises nor clichd outcomes. It merely shows the passing of life — moving backward in time.

We meet the three best friends, a composer, a lyricist and a writer, at a Bel Air party in 1976, and follow their lives backwards until their meeting, on a New York rooftop, as Sputnik is proclaiming a new era in 1957.

Directed by Jules Aaron, with musical staging by Larry Sousa, and musical direction by Darryl Archibald and Brian Murphy, the wit and wisdom of Sondheim finds its match.

Anthony Paul Meindl and Richard Israel play Franklin and Charlie, the composer and lyricist. Their friendship is mediated by the faithful Mary, whose perpetual heartbreak is played tenderly by Lisa Picotte.

Jan Sheldrick (Gussie), Stephen Einsphar (Joe), Michael Henry (Frank Jr.), Melanie Wingert (Beth), Paul Cady, Valerie Doran, Jennie Fahn, David Kaufman, Kyle Kulish, Jan Powell and Beth Robbins add warmth, style and humor, as well as their delicious voices, to the production.

Costumer Diana Eden has a crafty eye for eras while flattering the actors. Particularly delightful are the women’s early ’60s outfits. We think they cast a chubby Mary (and such a pretty face) until Picotte loses the layers of padding.

Set designer Don Gruber creates a minor miracle. Using sliding, frosted-glass doors, he covers a small stage with endless rooms. The actors manipulate the set with clockwork precision. Lighting by J. Kent Inasy, from psychedelic ’60s to a misty greenhouse, enhances this stylish, entrancing production.

The burning, behind-the-scenes combo of Manlon Moore, Dennis Kaye, John Flitcraft and John Harvey are conducted with humor and precision by pianist Brian Murphy.

“Merrily We Roll Along” plays Fridays and Saturdays at 8 p.m., Sundays at 3 p.m., through June 11, at West Coast Ensemble, 522 N. La Brea Ave, Los Angeles. Tel. 323.525.0022.

Think globally, buy publicly

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In reference to two letters which appeared recently in the Surfside News, Ms. Scott wrote an impassioned letter regarding the confiscation of the Malibu Bay Company’s property rights. In reaction I am reminded of an esteemed planner who described Malibu residents as ones who “think globally and act selfishly.” Even with the general plan and interim zoning ordinance being developed by a “limited growth” citizen committee, the documents do allow for reasonable property rights and limited development. I suggest we consider a citywide assessment district to purchase Civic Center property along with public parks, and equestrian and beach trails rather than asking Ms. Scott, whose property I believe is also in the broader creek flood plane, or the Malibu Bay Company to donate their respective property rights.

In reaction to Douglas Kmiec’s letter regarding “privacy in private property,” our city fathers intentionally created a code which is substantially discretionary and has the end result of pitting neighbor against neighbor. May I suggest here we change both the code and the council members who created these relentless confrontations.

Ron Goldman

Standing for Streisand

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At the Feb. 28 City Council meeting, there was a lot of misinformation from the appellant and his supporters who are trying to block the proposed Barbra Streisand/James Brolin home. Left unchallenged, those false allegations can assume the apparency of fact. I feel it is necessary to correct two of the most egregiously untrue and ridiculous of those charges, especially since one plainly defames a respected city official.

1. As to the charge that Ms. Streisand has “optioned” a fourth property on Zumirez, that is simply untrue. It is a fabrication.

2. Both Malibu papers repeated, without checking the facts, the appellant’s allegation that the city biologist, Marti Witter, had redefined the bluff of the Brolins’ property only on the basis of the submissions of the Brolins’ geologist. In fact, the city biologist arrived at her conclusion based upon her own personal onsite inspection and on the two adjacent bluff properties. Ms. Witter is highly regarded in the city of Malibu and surrounding areas for her independence and expertise. Someone’s self-serving fiction to the contrary cannot go uncorrected.

Also, in the face of the appellant’s continued complaint about the substantial ESHA setback to which the Brolins have agreed and which the Planning Commission approved, it, in truth, would constitute the largest setback of any of the bluff properties in the neighborhood. In fact it would be three times deeper than some existing nearby setbacks.

Robert Shachtman,

Architect AIA

Man threatens to shoot peace officers and self

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At 12:15 p.m. Friday, a man, later identified as Hsmel Mansour, 50, and who sheriffs said lived in the San Fernando Valley, called the California Highway Patrol on his cell phone from the Michael Landon Center at Bluffs Park and advised them he was going to shoot himself and also any police he saw if they responded.

The Lost Hills sheriffs were advised and responded immediately and also called for a sheriff’s crisis negotiator and a sheriff’s swat team, called the SEB (Service & Enforcement Bureau). When the Lost Hills sheriffs arrived on the scene, they were advised by a witness the man had been hanging around all day and drove into the parking lot in what was thought to be a Ford Explorer. The sheriffs were confronted by two white Ford Explorers parked in the parking lot and a white Ford Expeditio0n leaving the lot as they arrived. Some sheriffs followed the Expedition while the others staked out the other two vehicles.

The man was spotted sitting on a bench on the southern part of the soccer field, the part closest to the bluff. He appeared to be sitting with a stainless-steel revolver. The sheriffs encircled him but kept their distance while a helicopter circled above. They tried calling him on his cell phone, whose number had been traced, but apparently he had turned it off. The man put the gun down and lay down on the grass and appeared to be momentarily sleeping.

As the newly arrived SWAT team was being briefed, the man appeared to wake up, sat up, put the gun on the table and started walking toward the officers.

According to Sheriff’s Department Lt. Thom Bradstock, the man, a white-haired Caucasian, staggered somewhat as he walked and appeared somewhat disoriented. He generally followed officers instructions but appeared to be under the influence of alcohol or drugs.When he got within 10 feet of the officers, they instructed him to put his hands on his head and turn his back to them, which he did. Although he didn’t resist, he appeared to be almost uninterested, according to the Lieutenant. One of the officers thought he recognized him as being from the Agoura Hills area and as someone he had once ticketed for a traffic infraction.

The man’s weapon was a .38-caliber, chrome-plated, loaded revolver, registered to him.

Because of his unusual behavior, he was taken to the locked psychiatric ward at Olive View Hospital in Sylmar for a 72-hour psychiatric observation. He may be charged with carrying a concealed or concealable weapon.

Center’s site is in sight

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Flushed with success after wresting $10,000 from the Malibu City Council for the youth foundation she founded, education activist Laure Stern persuaded the Board of Education last Thursday to decide this month on using Malibu High School for a teen center.

Handing the board a list of the Malibu Foundation for Youth and Families board members, Stern said, “It is unprecedented in Malibu to have this kind of support for youth and families. Everyone said that if we don’t have a place for kids to go between 3-8 p.m., we are in trouble.”

Stern, Malibu High School Principal Mike Matthews, and Boys and Girls Club of Santa Monica Executive Director Allan Young, whose organization would run the programs, said teens could be going to after-school programs in modular units on Malibu High grounds this summer if the Santa Monica-Malibu Unified School District board approves using the space this month. They and Juan Cabrillo Elementary School Principal Pat Cairns told the board how much the Malibu Foundation for Youth and Families project is needed.

“I have taught since 1973 and raised a daughter in Malibu,” Cairns said. “There is definitely a need for kids to have something to do locally. Anywhere else is a long way to go.”

The board is expected to vote on the teen center at its March 15 meeting.

In other action, the board decided to consider using a room in Malibu High School as a city television studio; school district Superintendent Neil Schmidt announced appointments to an Ad Hoc Committee on Parcel Tax Renewal 2000 (a measure for the November ballot); and a pivotal motion needed to accept a $2.1 million city of Santa Monica grant was voted down twice.

City TV

Use of a Malibu High School room as a television studio had been suggested as a condition of the city’s $150,000 grant to the district last month. The city, which would use the station when school is not in session, would convert the room to a “community” (as opposed to a “public access”) station at its own expense and would have control over programming. The board is expected to decide on the studio at its March 15 meeting.

Parcel Tax

The school district superintendent announced the appointment of Webster Elementary School Principal Phil Cott, Lisa Curtis, Webster PTA Co-President Deirdre Roney and Wendy Cary to the ad hoc parcel tax committee. He said the committee would ask voters to renew in November the $73 per parcel tax that brings in $2.3 million a year to fund programs.

Malibu board member Todd Hess said although the money was statutory, it could not be taken for granted. “We have a number of households without children. Part of the reason we are forming the committee is to understand community tolerances.”

Santa Monica funding

The pivotal motion was tied to a condition of Santa Monica’s $2.1 million bailout of the district. The Santa Monica City Council voted to give the money preventing next year’s school cutbacks if the district established an “independent financial oversight committee.” The motion failed when board member Dorothy Chapman’s amendment explicitly calling for committee activities to be held in public and subject to the state’s open meeting law, as worded in Santa Monica’s motion, was rejected twice. It will be considered again March 15.

Hail, Malibu, full of slush

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Snow in Corral Canyon, hail stones on Malibu Road. It may not have been the storm of the century, but it was the first time in memory that snow plows were called into service in this beach town.

The latest in the every-other-day series of winter storms dumped 1-1/2 inches of rain on Malibu Sunday, and some children slogged through slush to get to school Monday morning. Heavy hail triggered several accidents on Pacific Coast Highway.

“A cloud just came through about 9:15 a.m. and dumped about 6 to 8 inches of hail on PCH within 10 minutes,” said Rick Barry, Leo Carrillo State Park maintenance assistant. The campground is in a little valley with its entrance at Mulholland and PCH. “Cars going northbound down that grade just lost control,” Barry said. “One guy in a van spun out, went across PCH, off the road and hit a telephone pole. About five minutes after that, another car lost control and hit a car stopped in the center turn lane.” Only minor injuries were reported.

A Caltrans truck with a blade ordinarily used to remove rocks from the highway came by and cleared the ice, alleviating the hazard even though rain continued to fall throughout the day. Barry said there was about 20 minutes altogether of hail. “I’ve been here five years,” he said. “It’s the first thing like that I’ve seen.”

The snow level, predicted to be as low as 2,500 feet throughout the county, fell below 1,500 feet in Encinal and Corral canyons and piles of snow dotted the shoulders of the highway along Broad Beach.

Meanwhile, heavy rains dislodged mud and rocks from slopes at lower elevations. County water district crews were reconnecting water lines on Calle del Barco, where a huge landslide triggered two years ago closed off that La Costa neighborhood. The recently completed slope repair, which is covered with heavy mesh, appeared undamaged by the downpour, but smaller cliffs below shed mud and rocks onto Rambla Vista, which was all cleaned up by Tuesday morning.

“No serious slide damage was reported, just the normal unraveling in the canyons.” said Richard Calvin, city street maintenance manager.

As usual, heavy runoff carried pollution from streets and parking lots through storm drains onto the beach. Heal the Bay issued its customary warnings against swimming and surfing within 100 yards of any flowing storm drain. Farther south, about 560,000 gallons of sewage spilled into Ballona Creek at midday Sunday, closing beaches from Venice Pier south to Imperial Highway. “Bacteria levels are off the scale,” Heal the Bay reported. “Indicator bacteria counts at beaches throughout the bay usually far exceed health criteria in the state’s Beach Closure and Health Warning Protocol during and immediately after a rainstorm.”

“You’re supposed to wait three days but that’s hard to do when it rains every other day,” said City Engineer Rick Morgan.

Water quality in Malibu Lagoon, once the sand berm opens in the fall, is not affected so much by storm runoff.

“Our ocean water quality of course has been horrible with all the rain. But the lagoon pretty much stays open, so it doesn’t change the water quality there,” Morgan said. “It all goes out into the surf zone.” (See Beach Report, A3.)

Little League season opens without a splash

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Though they’re dodging raindrops on the way from second to third, Malibu Little Leaguers are nothing less than thrilled that the 2000 season is now under way.

While soggy turf and an overall shortage of playing fields stunted last year’s season, the league hit a veritable first-inning home run with opening ceremonies and nine full ball games Saturday at Bluffs Park.

Highlighted by a keynote speech from former Boston Red Sox all-star Reggie Smith, opening ceremonies attracted more than 700 players, parents and coaches on a brisk but mercifully dry morning, according to League Commissioner Rick Holben.

“It was just a wonderful event because it brings a lot of people in the community together,” said Holben. “That’s hard to do in a community 27 miles long.”

“Opening day was absolutely great,” said Ed Bell, coach of the Reds in the major league division. “Reggie Smith was a great, professional addition. Kids can carry his comments: It’s not a win or lose game, it’s a game.

“You look at the Little League motto: courage, character, loyalty. Above and beyond baseball, those things should be taught,” added Bell.

This year, there will be many more games in which to absorb the league’s lessons. Though, according to Holben, there is “still a drastic field shortage [and] 40 percent of the games will be played on a converted soccer field,” the early start date may ensure that all 17 of the league’s teams will be able to play their entire 20-game, regular-season schedules.

“I’m very happy about the field situation,” said Bell. “It’s March, and we’re already off to a success.” He also praised the efforts of last year’s board to prevent the facilities mishaps of last season. According to Holben, the board spent more than $15,000 to improve the infields and drainage.

“Last year was so labor-intensive,” said Holben. “Everyone’s excited for a full season.”

The league has a full roster of more than 250 kids. There are managers for all teams, but they “could still use a couple of coaches,” according to Holben.

New Political Action Committee is formed – News Analysis

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The issue of code enforcement, which lately has become a very hot election issue, got even hotter this week with the formation of a new Malibu Political Action Committee called “Malibu Homeowners for Reform.”

Members of the new group, which consists of many of the same people who have been the most outspoken critics of the city’s code enforcement policy, were deeply upset, according to spokesperson Anne Hoffman, because they felt many of their activists were overlooked when the council members made their appointments to the newly formed Code Enforcement Task Force. They attribute their exclusion in part to a statement made by City Manager Harry Peacock at the Feb. 28 council meeting, when he advised the council to determine whether the applicants they appoint to the Code Enforcement Task Force come into the process “…with clean hands or just as dirty as sin.”

The newly formed PAC telegraphed its intentions to very aggressively investigate the specifics of the city’s code enforcement policies by serving a demand letter upon the city’s building official Vic Peterson March 1, demanding the city produce, pursuant to the public records act, “The first page of each code enforcement letter sent by the Code Enforcement division to Malibu property owners describing the violations noted by Code Enforcement during the period from Feb. 1, 1999 through March 1, 2000 for all code violation cases that became closed at any time during that period.” They told The Malibu Times they were beginning with the closed cases because the open pending cases don’t have to be disclosed by the city; however, they would be attempting to reach those people also and will be requesting they contact their new organization.

At the next council meeting, the council will probably approve the membership of the Code Enforcement Task Force and its charter, which addresses zoning code issues including “grandfathering,” “permitted uses,” “guest houses vs. second units,” and a number of issues related to the code enforcement process. Where some observers saw the city’s prompt action as a sign of the city’s good intent to reform or at least take a close look at the process, others in the newly formed PAC were far more skeptical. They feared their exclusion from the task force, coupled with the Building Department’s series of meetings with contractors, Realtors and others, was evidence some on the council and staff were trying to put a nice face on a bad situation at least until after the election next month, and they questioned their willingness to really address the problems.

The formation of the task force grew out of an earlier City Council meeting held at the Malibu Community Center auditorium. A number of the 200-plus Malibu residents present vented their frustration that the code enforcement people seem to be targeting many structures and uses that had gone unchallenged for years, were being very selective and very heavy handed, and tended to focus on older, smaller and less affluent households.

The stated purpose of the new PAC is to “reform the zoning code and the residential permit process for the city of Malibu with the goals of reducing the financial and regulatory burden on the single-family homeowners, while preserving public safety and the environment.”

The group can be contacted through its principal officer, David Hansen, at 317.2172 . The group has an ambitious agenda. It plans to launch a public information campaign, distribute mailers, produce a video, hold a citywide rally one week before the council election and gather signatures to put a referendum on the ballot in November.

With liberty and justice for all

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To anyone who attended the Feb. 10 Code Enforcement Meeting and listened to the horror stories of code enforcement that have occurred under the leadership of the present City Council it was obvious something is terribly wrong in the city of Malibu. While a few people may wish to bury their head in the sand and deny that the stories are true and that nothing is wrong with the way the present city counsel is overseeing zoning and code enforcement, the hard fact is that too many people have either been victimized by abusive code enforcement themselves or know someone who has.

The problem is too large to cover up with a committee that will study and talk about the problem until after the City Council elections and then forget about it so things can continue as usual.

The basic problem I think was graphically illustrated by comments of one gentleman I talked to after the meeting. I asked him candidly what he thought of the meeting and his reply was, “Well I’ve got a guest house on my property which is OK, but I don’t think it’s a good idea for my neighbor to have one on theirs.” It seems that code and zoning enforcement on the other guy’s property is a great idea but not on his property. While this is an understandable sentiment I think its becoming clear to everyone that it’s self-defeating.

When I moved to Malibu in 1965 I wanted the American Dream, my own home. I believed that citizens had the right to own property and build their dream house and be protected from the threat of seizure and confiscation by the government as guaranteed by the Bill of Rights in our American Constitution. Under the present City Council that American Dream has turned into the Malibu Nightmare. What the gentleman that I talked to didn’t realize is that while he may consider his guesthouse proper and legal, the city prosecutor may not.

If some neighbor of his thinks otherwise and complains that he has a guesthouse then it is up to him to prove to the satisfaction of the city prosecutor that his guesthouse is legal. Given the incomplete records of the county and the city this can be a difficult if not impossible task. If he is forced to legalize the guesthouse by bringing it up to present codes and zoning this can be a very expensive and time-consuming task. If he doesn’t bring it up to present codes he faces $1,000 a day fines or expensive lawyer’s fees defending himself from excessive fines. Either way a lot of Malibu homeowners today live in the fear of losing their homes because some complaining neighbor doesn’t like either them or their house.

Certainly we need reasonable building and safety codes to protect our homes from those few people who use their property in a reckless and careless manner that endangers not only them but also their neighbors. Public health and safety is a rightful duty and responsibility of the City Council and the bureaucracy they oversee to effect that responsibility. But that’s obviously not what we have in Malibu today. The problem is we have a majority on the City Council that believe they should be our big brother and protect us from ourselves. The excessive fines and fees that are being forced on homeowners are being justified on the grounds that they are doing it for our own good. In reality they are trying to protect us out of everything we own.

We need a new majority on the City Council that will have more faith in people being able to manage their own homes and property without undo interference from Big Brother. Most people do not need the type of code enforcement, for their own protection, that the present City Council feels is necessary.

Clearly Malibu has changed from a community where homeowners had the freedom to use and develop their property limited only by the rights of their neighbors not to have the use and enjoyment of their property jeopardized. I hope this election the citizens of Malibu will examine the voting record and actions, not the campaign promises, of the present council members and vote to move Malibu from its present police state mentality back to a community of self-determination and freedom with respect for each others rights. Then we will once again have the right to enjoy our homes and property according to our wishes without undue interference from those who would set themselves up as the master controllers and planners of Malibu.

David Hansen, president,

Concern Citizens for Property Rights