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Proposal merits support

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The proposed development agreement with the Malibu Bay Company (MBC) provides the next City Council with the following options:

Option 1: To proceed in good faith with MBC in negotiating the details of the proposed agreement including “public benefits” through public hearings.

Option 2: Allow MBC to have the increased square footage over Option 1, that the city zoning law allows without “public benefits.”

Option 3. Acquire the undeveloped properties of MBC and other civic center properties for “public benefits” (wetlands/recreation).

The reason I support Option 1 is it guarantees MBC certain rights in developing its own properties and, in return, secures for Malibu residents 25.5 acres of permanent open space, a 10-year building moratorium on the Chili Cook-off site, and a 19-acre parcel in Point Dume where MBC will fund a new senior/teen community center, ball fields and related amenities.

Option 3 is not viable because to acquire the undeveloped MBC properties it requires a willing seller, and MBC, the major landowner has indicated it is not a willing seller.

This current proposal may not be all we want, but considering the alternative, we need council members who will act in good faith with the Bay Company and for all of the community in finalizing this proposal.

As a longtime resident, I share your concern to preserve Malibu’s fragile seaside-residential character. This agreement honors our concern by limiting MBC to only 122,000 square feet of new commercial development for the next 10 years, at the same time as it permanently eliminates more than 300,000 square feet allowable commercial building and associated traffic.

In spite of this, we are being asked to believe that a financial grant will be available from the state to fund the purchase of the MBC Civic Center properties. Since there existed no financial line item in state Propositions 12 or 13 for these properties, any such effort by the City Council will force MBC to proceed with their current application under Option 2.

We need to change the council thinking that has cost the city over $2 million to settle the original Mobile Home lawsuit; allowed 398 condominiums instead of three homes at Lunita/Bailard; a city council approved expenditure of approximately $400,000 for a specific Civic Center Plan that was subsequently rejected by the Council; and a Point Dume Headlands settlement that will cost the city $500,000 over 10 years. That’s $3 million which could have been used for “public benefits.”

Council members House and Hasse have provided the council and community a remarkable opportunity for our consideration. I hope you support this.

John Harlow,

former mayor and council member

Why tax parking

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This election Malibu residents are presented with an important opportunity: vote for a tax on the parking on the beach lots. This money will directly benefit the city which has so few revenue sources. Millions of beach visitors from all over L.A. County come here each year and leave little more than trash, traffic congestion and strained Municipal services. Most of us will never be impacted by this fee. It’s a small price to pay for cleaner, safer beaches. Please vote yes on Measure B!

Marshall Thompson

Stage Review — "Die Fledermaus" (The Bat)

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Tit for tat in bit by bat

Pepperdine University’s Fine Arts Division proves the old adage, “Revenge is a dish best served operatically,” last week offering a lavish buffet in “Die Fledermaus” (The Bat), the operetta by Johann Strauss the son.

Even opera aficionados must take secret delight in hearing such chestnuts sung in English — this version translated by Ruth & Thomas Martin — which provides the chance to understand not only the plot but its subtleties.

With the plot’s marital infidelities, conniving maids, swinging princes, dancing hussies and inebriated jailers, one must stop and ask, to paraphrase the immortal operatic analysis of Anna Russell, “Remember the bat?”

Mr. and Mrs. Von Eisenstein have a typically upper-class marriage — relatively loveless and relatively open. The eponymous maus is Von Eisenstein’s buddy, Dr. Falke. A while back, the two men had been at a costume party, Von Eisenstein dressed as a butterfly and the doctor dressed as a bat. Both having imbibed big-time, Von Eisenstein left his buddy spending the night on a park bench, where the doctor awakened to the unforgettable embarrassment of having morning walkers see him in his bat costume. He now seeks revenge. He invites the prankster to disguise himself and attend a party at the home of a Russian prince; and soon an invitation and disguise also arrive for Mrs. Von E.

Subplots include an upcoming, eight-day jail term for Von Eisenstein, a saucy maid who connives a night off, and an opera singer who compulsively serenades anyone with ears. Eisenstein theorizes he can be two places at one time — heading off to a party before turning himself in at the jail.

Plot or subplot, for major character or bit player, director Henry Price misses no opportunities. Someone is always doing or singing or saying something small but noteworthy — and comical. The whole is lively but not campy.

Maestro Thomas Osborne leads a tidy orchestra, particularly in its percussion and winds, from which the operetta’s familiar tunes billow happily. Scenic designer Kermit Heckert offers luxurious sets of mahogany, marble and miscellaneous Victoriana.

Still, Pepperdine Fine Arts Division students continue to inspire delight, with delicious acting abilities and voices well on their way to professional.

Shelli Fabiano is part stainless steel, part silk. Her strong but mellifluous voice combines with her astonishing power of characterization, and she is believable and mesmerizing as Rosalinda Von Eisenstein, whether being an insouciant wife or a Gabor sister. Joseph Ashby is comically pouty and put-upon as Von Eisenstein.

As the maid Adele, Caroline Carter’s silvery tone and petulant character light the stage. Remedios Loosli plays the lawyer with dust on his hair but clarity in his voice. Tabitha Laws creates the operatic equivalent of the “dumb blonde.”

As Alfred the opera singer, Eric Weigand plays moping suitor while ably humming snips of famous operas. Miguel Villahermosa’s mellow baritone fulfills the avenging Dr. Falke. Daniel Peretto gives his prison warden incipient humor, while his baritone voice shows power and expressiveness.

As the drunken jailer, Don Kidd seems an incarnation of Red Skelton. Act III offers the director much music to fill, which Price amply does by Vaudevillian bits of risky direction — overfilled teacups, cigar burns, hat tricks — done to perfection by Kidd and Peretto.

Angela Rasmussen triumphs over yet another trouser role, or in this case velvet breeches, as Russian Prince Orlovsky. As Ivan, Brian Speck sneaks in a guest appearance and his own aria.

The operetta’s always-anticipated “special guests” included alumna Jessica Rivera, dressed as a Valkyrie and singing a delightful “I Wish to be a Prima Donna” and John Raitt, looking dashing and singing “Largo al Factotum.”

The cast is so well-rehearsed, it can cover any small flubs. In the final tableau, champagne glasses crashed to the ground. Kidd grabbed his mop and swabbed the floor pathetically as the rest of the happy crowd drank a final toast.

In Act II, Von Eisenstein sings “How Energizing” about his newest indiscretion. It best summarizes this production.

So long, Harry

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A friend of mine died last week.

Like most guys, we never talked about being friends.

Once guys reach a certain age, they don’t think of themselves as making new friends. Women make friends and exchange confidences. Guys don’t do that kind of stuff. We just sort of hang out together, but we never really say we’re hanging out together. We just do it.

Harry Barovsky and I used to just hang out together, mostly on the telephone, occasionally at Guido’s restaurant, usually whenever there was a city event we were both at.

I’d call Harry, or he’d call me the morning after the council meeting and we’d compare notes. It’s nothing we agreed to do formally, we just sort of did it a few times a week.

Harry was always fun to talk to. He always knew what was going on, and he had — and I’m trying to find a clean way to say it — a pithy way of describing the events of the previous evening that was fully cognizant of human greed, stupidity and frailty, and then he’d get to the good stuff.

But behind Harry’s surface cynicism, he really cared, and we all knew he really cared. Harry was really a lover and a true believer. He tried not to appear that way, but we all saw through it and loved him for it.

He talked a familiar, tough, smart street jargon that was immediately recognizable because the streets of Pittsburgh, where he was raised, were not much different from the streets of Brooklyn, or L.A. for that matter.

There was also something about Harry that was so up, so full of life, so indestructible, that, when he died, somehow it was unbelievable.

When I heard about it I thought, why am I surprised?

I saw him toting around the oxygen bottle, I could hear his labored breathing on the phone, I knew he was slowly slipping downhill. Yet there was something so powerfully alive about Harry that I just ignored the obvious signs and assumed that, of course, he was going to get better.

The day before he died, they were making arrangements for him to come home from Cedars-Sinai Hospital, and they were going to hook him up by telephone from his home to the Monday evening council meeting, which Harry was determined to attend.

Harry never gave up, which was just like Harry. It was his body that gave up, after fighting this lung disease for 15 years. It just called it quits, and we all lost something special.

Sharon lost the man she loved.

His children lost a father.

His grandchildren lost a grandfather.

The community lost a leader.

And I lost a friend, and the saddest part is that I never had a chance to say,

“Hey, so long Harry, I’m sure going to miss you.”

Malibu Oscar votes parallel Academy’s

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Malibu tennis pro Amy Alcini has won The Malibu Times Academy Awards contest, for which she will receive 10 free passes to the Malibu Theatre and the official title of “Malibu Times Movie Guru” for the year.

Alcini missed only four votes: Original Screenplay, Cinematography, Make-up and Costume.

The six runners-up, with five errors each, were: Nikki Chanel, Ellen Goodman, Maureen Haldeman, Raymond Mar, Lisa Marlowe and Chrissy Orloff.

Out of entries received by the noon Friday deadline, all but three correctly named “American Beauty” as Best Picture, and only seven missed Sam Mendes as Best Director. Kevin Spacey was a clear winner for Best Actor, but Denzel Washington garnered 12 nods. Michael Caine was the overwhelming favorite for Best Supporting Actor for “The Cider House Rules,” with nine votes for Tom Cruise. Most picked Hillary Swank for Best Actress in “Boys Don’t Cry,” but Annette Benning earned16 votes for “American Beauty.” Angelina Jolie was a clear favorite for Best Supporting Actress.

“All About My Mother,” Spain’s entry in the Foreign Film category, was a run-away winner, with Sweden’s “Under the Sun” a distant second.

“American Beauty” was correctly named by most for Cinematography, but “End of the Affair” and “Sleepy Hollow” split the vote for second with “Snow Falling on Cedars” third.

Alan Ball’s Original Screenplay for “American Beauty” earned the majority with “Being John Malkovich” a strong second. “The Cider House Rules” earned John Irving the Oscar for Adapted Screenplay, and Malibu voters overwhelmingly supported that choice. They also supported “The Red Violin,” which won for Best Original Score; the balance of the votes were almost equally divided among “American Beauty,” “The Talented Mr. Ripley” and “Angela’s Ashes.”

Film Editing and Visual Effects votes were strong for Oscar winner “The Matrix.”

Vote, don’t dream

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A personage in the Topanga community who weekly reads The Malibu Times inquired of me why I point out tribulations with the city of Malibu government and provide no solutions. My answer to him is that, the rational man doesn’t give the right answers, the rational man poses the right questions.

Malibuites grow great by dreams. All men are dreamers. They see things in the soft haze of a spring day or in the red fire of a long winter’s evening. Some of us Malibuites let these great dreams die, but others nourish and protect them; nurse them through bad days till they bring them to the sunshine and light, which comes always to those who sincerely hope that their dreams will come true.

The Lily’s Coffee Shop 8 a.m. morning crowds are dreamers. They are anxiously awaiting the upcoming elections to exercise their right to vote. They are demanding their right to vote. They are expectant that their fellow Malibuites will investigate the ballot issues, candidates and make preparations to vote on Malibu Election Day. In the meantime, the Lily’s crowd sit, drink coffee and converse on where Malibu has been and where it is going. And that is all I have to say (sure).

Tom Fakehany

Commercial use enjoined on former Streisand property

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The city of Malibu won a major legal battle against the Santa Monica Mountains Conservancy last week when it persuaded Kent Killegrew, a Superior Court judge sitting in Ventura, to issue a preliminary injunction against the conservancy. The victory, however, may be only a short-term one.

The injunction, which covers the activities at the estate at the back of Ramirez Canyon, formerly known as the Streisand Center, says the conservancy is “enjoined from making commercial use of the subject property, including but not limited to garden tours, business retreats, workshops and meetings, weddings and bar mitzvahs.” Killegrew said the conservancy could continue to operate its administrative headquarters on the property but reasoned the commercial money-raising activities at the site have changed the intensity of the use in the canyon and therefore require a coastal permit.

The SMMC currently has an application pending before the California Coastal Commission to expand its usage of the property significantly as a major commercial venue, which will be heard at the commission’s Long Beach meeting within the next two weeks. If the Coastal Commission issues a permit, it will negate the court decision and make it moot.

‘No Growth’ squares off against ‘Slow Growth’ at PARCS

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The announcement of a new land use plan for the Civic Center less than three weeks before City Council elections brought about the first real cross fire between the “no growth” and “slow growth” candidates in this election season.

Sponsored by the activist group PARCS, People Achieving Recreation and Community Services, last Thursday’s debate had incumbents Carolyn Van Horn and Walt Keller squaring off against incumbent Joan House and challengers Ken Kearsley and Jeff Jennings over conflicting use of Civic Center land and Bluffs Park ballfields.

With the death of Mayor Pro Tem Harry Barovsky, the future of permanent active recreation in the city remains unclear.

Keller and Van Horn also staunchly defended their negotiations with State Parks Director Rusty Areias last summer, maintaining the state would not kick the city off Bluffs Park as long as the city was working to acquire other ballfields.

PARCS board member Laureen Sills flung down the gauntlet when she asked Keller why residents should trust him and Van Horn after they ignored residents’ input on use of Charmlee, the city’s first park.

Keller and Van Horn accepted all deed restrictions set by the LeChuza Homeowners Association, represented by attorney Frank Angel, without considering anyone else, claimed Sills. The homeowners wouldn’t even allow Girl Scouts or camping.

Angel is a board member of the Malibu Coastal Land Conservancy, which last week unveiled its plan for combined wetlands/open space/and playing fields in the Civic Center. The land would be purchased, they maintain, with private donations, and state and federal money such as the recently approved park and water bonds, Propositions 12 and 13, and federal grants for flood mitigation programs.

Handing Keller a copy of the Sept. 20, 1998, minutes referring to city acceptance of the park, Sills said, “Pat Greenwood, Barbara Cameron and I begged the City Council to hear our concerns. No one considered the rest of us would be interested. What can you do to assure us that you will never again negotiate without public hearings?”

Keller replied the city had been facing a deadline, that Charmlee was a place for passive recreation, and he would trade Charmlee for Bluffs Park.

“I have been begging with Areias” to see what can be done about the ballfields, Keller said. “Areias told me that as long as we keep looking, he will not set a deadline.”

“What is wrong with Girl Scouts singing “Kum Bah Yah” around a camp fire?” asked Kearsley, referring to the classic folk song. “That’s how they get involved with the ecosystem. You have to be passionate about kids seeing the park day and night. To keep scouts and church groups out is a bad mistake.”

Replied Van Horn, “You have to keep the natural area alive. You need the integrity of Charmlee for that feeling and beauty 45 minutes away from downtown Los Angeles.”

In another testy exchange, House asked Van Horn what she “specifically” planned for parks and recreation amenities if the Malibu Bay Company plan is turned down and the state refuses to extend the lease on the Bluffs Park playing fields.

Van Horn replied she has continued her dialogue with Areias on the regional need for Bluffs Park; she is “going after the money” of Propositions 12 and 13; she is working with the California Coastal Commission and the state to get ballfields in Winter Canyon and near the Crummer property adjacent to Bluffs Park; and she is working with the Santa Monica-Malibu Unified School District.

House shot back Van Horn should be “realistic.” Look at the feasibility criteria of Propositions 12 and 13, House said. You need a willing seller, which will drive up the cost of the land. The city has no money to buy it.

FEMA, the Environmental Protection Agency and the Army Corps of Engineers support the purchase because of liquefaction and endangered species in the area, replied Van Horn. They want Malibu to “take the lead” in bringing back the historic wetlands.

“You can have both,” she said of the combined wetland/open space/ballfields concept. “Unless you believe in the vision of the General Plan, you will not get it.”

Kearsley, who now chairs the Planning Commission, which is set to consider Malibu Bay Company’s proposed development in the Civic Center, said the city could not count on the “dog-and-pony show” of Keller and Van Horn talk.

“You can’t run the city on ‘if,'” said Kearsley. “We have to make active plans now, or kids will be playing on Pacific Coast Highway.”

In response to a question by PARCS board member Shari Latta on the dearth of child care facilities, Kearsley said he wants day care included in the city’s zoning ordinance.

Jennings added with the Malibu Bay Company deal, the city could specify the type of use in any area, and child care facilities could be paid for by the developer.

In response to a question by PARCS board member Doug O’Brien about how Jennings would keep Bluffs Park available, Jennings said he would ask the state why it wants the city out and pursue the possibility of shared use.

Needling Van Horn about her statement that she couldn’t support the Malibu Bay Company deal until she sees the final agreement, Jennings said Van Horn was not shy about her opposition to it only days before at a different forum.

Challenger John Wall kept out of the fray by saying he supports sports because they raise children’s self-esteem. When asked by PARCS board member Paul Major why he objected to parks and recreation in the General Plan, Wall replied they are not required by state law and drafting the General Plan took too long to include them. However, parks and recreation could be included now in zoning because the General Plan has to be reviewed every few years.

Don’t be fooled

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I’m just an average Malibu resident, who doesn’t pay attention to what is going on every day in city government. I mind my own business and go to work every day to make ends meet so I can continue to live in this beautiful place we call The Malibu. And, I never write letters.

However, after reading the lunatic and vicious political rantings of the Malibu Homeowners for Reform, ne Citizens for Fair Zoning, in newspaper ads and fliers published and distributed during the last couple of weeks that are obviously bogus, “manufactured” issues intended to enflame the masses, who they believe are either ignorant or stupid with regard to state health and safety codes, I felt compelled to write something in response.

Aren’t these people who are now demanding a relaxation of the Building and Safety Codes and Zoning Codes some of the very same people who were yelling and screaming about the city failing to enforce and prosecute a Building and Safety Code violation/citation when a balcony collapsed, killing two people and injuring 20 more?

Give me a break! These nasty, personal attacks on two of the council members running for re-election are the lowest form of demagoguery, but they ring a familiar bell. Their ravings sound very similar to those of a group called Fed Up, who were yelling and screaming a couple of elections ago about down-sizing and legal nonconforming, scaring Malibu residents into foolishly believing they were going to lose their homes, or have to tear them down after so many years, and they weren’t going to be able to get loans, and the entire residential real estate market was going to collapse, if they elected the candidates who wanted “slow growth.”

Well, that turned out to be just a pack of lies. In spite of down-zoning and lots being legal nonconforming, the real estate market is just fine, thank you! Read the glowing real estate sales statistics, if you don’t believe me.

This group talks about “special privileges” and “entitlements” being granted, but the only group I see getting any of these privileges or entitlements are the developers, namely the Malibu Bay Company in the settlement agreement. The “agreement” (as outlined in the newspapers) grants them the “entitlement” to more commercial development in return for “public benefit amenities.” However, when I looked at the “public benefits” they are giving, I didn’t see any benefits for me; I am not a senior citizen nor a teen, and I don’t have kids who need ballfields. So, what’s my benefit? All I see for me is more traffic on PCH to contend with while trying to get to work and back, and as we who work in town already know, the traffic is a nightmare now.

Additionally, we do not need any more residential or commercial development in western Malibu. We voters made this very clear to the City Council on numerous occasions over the last nine years, and this is reflected in the General Plan document. The Trancas market/shopping center has a restaurant/shop space that’s been vacant for the past three or four years now, so why would the city allow an increase in development there? To sit ugly and vacant for more years? I hope not.

Wake up, you Malibu residents. Don’t be fooled again by ridiculous ads that are nothing but vicious political rhetoric targeted at those they consider “thimble-brains.”

Julie Steinberg

Everyone was wild about Harry

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It was standing room only in the Hughes Research Laboratory auditorium Monday, as civic leaders, friends and family paid their final respects to Mayor Pro Tem Harry Barovsky, who passed away Saturday from lung disease. He was 62.

Against a backdrop of speeches by City Manager Harry Peacock and former City Attorney Christi Hogin, Barovsky’s respect for differences of opinion was highlighted by Rabbi Benjamin Herson, who presided over the memorial service.

Herson acknowledged the graciousness of the City Council for canceling the scheduled meeting. Mayor Carolyn Van Horn acquiesced to the request of Tom Hasse and Joan House, with the endorsement of Walt Keller.

“This act of civility is what Harry Barovsky was committed to,” said Herson.

Barovsky was lauded for his passionate love for his family, which spilled over to the collective family of the city and the quality of life it represents, his commitment to youth and his actions for the homeless.

Hasse, choking back tears throughout his two-minute speech, summed up Barovsky as a “public man.”

“He was a successful businessman and a proud grandfather, but he loved Malibu, his neighbors and his friends in good times and bad,” said Hasse.

Barovsky was especially committed to youth, said Hasse, noting how ecstatic Barovsky was at last summer’s opening of Papa Jack’s Skateboard Park.

“Our public sadness is the unfinished business,” Hasse said. “We must finish it for him.”

Barovsky came up with the idea of the City Council’s youth commission, so there will be a motion at the organizational meeting of the next City Council to establish the “Harry Barovsky Youth Commission,” a permanent legacy to his commitment to youth, said Hasse.

City Manager Peacock, also a little choked up, spoke on behalf of the city staff. He described Barovsky’s death as “devastation.”

Barovsky was the “ideal councilman,” direct in his dealings, and appreciative of the staff’s knowledge and time. “He did his best not to involve us in Malibu politics,” Peacock said. “He knew we would feel uncomfortable and that doing so would compromise not only our objectivity but our professionalism, as well. He wanted us to be objective and give him our best judgment on everything.”

Barovsky used a “rare style of leadership, one which was kind and caring,” Peacock said. “While he expected a great deal from us, he was willing to give greatly of himself so we could achieve great things together.

“He is and always will be one of the finest men I have ever worked with,” the normally taciturn Peacock said tearfully.

Echoing Peacock’s remarks, former City Attorney Christi Hogin said Barovsky loved being a council member, not for the power — “Serving on the council is the humbling experience of rediscovering at every turn what it is to be but one of five,” she said — but for the people.

“He took the time to know people as individuals,” said Hogin.

Noting Barovsky was “emotionally honest,” Hogin said the Barovsky foul mouth and wry wit held “a nobler purpose. He was fiercely loyal to his friends, and I am grateful to have found myself among them.”

Herson ended the service with the following remarks: “It is difficult to envision the unfolding of the city in terms of human cooperation. We respect differences, we respect the passion and conviction behind the issues. This community needs leaders sensitive to human beings who are different from one another.”

Like the teacher a rabbi is, Herson asked the audience to come up with the words of the Age of Enlightenment thinker Franois Voltaire that best represented Barovsky.

Peacock replied, “I may disagree with what you have said, but I will defend to the death your right to say it.”