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Think grandfatherly

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The Code Enforcement meeting of Feb. 10 was a watershed event in Malibu’s recent history. For the first time, the City Council was made aware of the widespread misery caused by the planning staff’s cruelty and abuse of power in failing to completely grandfather older buildings. The citizens’ anger was white hot and palpable as story after story was told of the hardships caused by staff’s requiring expensive experts, studies, restudies and retroactive permits for precityhood structures.

Mayor Van Horn is to be commended for the three very positive results of the meeting: 1) A Grandfathering Task Force will be formed shortly to determine if and how the grandfathering code should be expanded to serve the community; 2) A motion was approved requiring that the full name of persons filing code violations be reported. This will result in only complaints of serious health and safety violations being filed instead of personal vendettas, and 3) By inviting a full public airing of these long smoldering issues, she encouraged people who had incredible case histories to tell their stories without fear.

With continued strong public involvement and support, the City Council will adopt a true grandfathering code and bring light to a dark chapter in Malibu’s current history.

David Andrien

The agreement at a glance

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Malibu gets:

  • 20-year agreement with amenities, which include:
  • 18.87-acre Point Dume parcel gifted to city
  • $5 million gift to help build ball fields and community center on Point Dume parcel
  • 25.54 acres given to wetlands/open space

3 parcels in the Civic Center

1 parcel in Trancas

  • 10-year delay on building out on 19.61-acre Chili Cook-off site and adjacent one-acre site
  • Overall reduced commercial square footage from IZO and general plan

Malibu Bay Company gets:

  • 122,261 square feet of new commercial space

89,000 in Civic Center

33,261 in Trancas

  • 20 new single-family homes in the Trancas and Trancas Beach area
  • In 10 years: the right to build another 155,046 square feet in Civic Center to include 4 theaters with a maximum of 500 seats

As a measure of comparison:

  • The current Malibu Theater has 2 screens and approximately 200 seats
  • Existing Ralph’s Market is approximately 36,000 square feet
  • The Colony Plaza Shopping Center, which includes Ralph’s Market, totals approximately 115,000 square feet
  • The parcel in the Civic Center that runs from the Malibu Theater to Banana Republic to Supercare Drugs, which is not owned by the MBC, totals about 50,000 square feet
  • Trancas Market is about 18,000 square feet
  • Architect Ed Niles’ proposed design for the Chili Cook-off Site (for which a model has been shown) is approximately 170,00 square feet total with 140,000 new square feet
  • The other 30,000 sf is the existing Malibu Lumber, Animal Hospital and the Prudential/Douglas building, all on PCH.

— Arnold G. York

Are we a city of snitches or of laws?

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Nearly 200 people overflowed the Malibu Community Center auditorium last Thursday to complain to the City Council about what they saw as an overzealous code enforcement policy pitting neighbor against neighbor and dependent on people snitching on their neighbors to enforce the law.

Residents also charged that millions of city dollars are being used to prosecute homeowners as criminals instead of buying ball fields or school books.

This special City Council meeting had been billed as an educational “Code Enforcement Workshop,” at which the city had intended to discuss its 14-page information packet about the code enforcement policy before allowing public comment. Instead, the City Council members, building and planning staff and City Prosecutor William Litvak found themselves facing a combative audience, more inclined to speak than listen and brandishing its own thick information packet.

After 2-1/2 hours of emotional testimony, the council unanimously voted to create a code enforcement task force, the composition of which would be discussed at the council’s Feb. 28 meeting.

A constant refrain was the “grandfathering” of old structures. Staff claimed nonconforming residences were grandfathered if they were permitted or permittable when built. Residents claimed they are driven out of their homes by the financial burden the city imposes for building permits for grandfathered structures and the $1,000-per-day criminal fines referred to in the city’s ordinance passed in November.

Litvak said large daily fines were rarely asked for, but a number of speakers were incensed by the city’s letters they said used threatening terminology in mentioning fines and potential jail sentences.

“I could be paying $336,000 a month,” said Judy Decker, instrumental in crafting the city’s General Plan. “This ordinance should be repealed today.”

A woman complained about the burden of proof. “I have been in my home 35 years and all kinds of buildings have been here. It is almost impossible to prove they are legal. Are these buildings really dangerous?”

Building official Vic Peterson, in charge of code enforcement, faced an angry crowd for the second month in a row and, observably under stress, appeared defensive, reacting angrily and patronizingly to some questions. He said 95 percent of the cases were complaint driven, and out of the current 388 open cases, the 22 (5.7 percent) to be prosecuted were negligible. “This problem is a hell of a lot smaller than people think.”

Former Councilman Jeff Jennings challenged this. “Nobody cares how punitive the law is,” he said of the city. “There is the perception the law is being enforced to the letter more aggressively today than it was in the past. I am also hearing stories from people not prone to panic that enforcement has changed substantially.

“Does the city have a policy on this,” Jennings asked. “If a code enforcement officer comes to the property, does he or she examine just what is complained about or every other structure? Do I have to fix everything else?

“The Zoning Ordinance was only intended to apply to new buildings,” Jennings said to applause. “It was not designed to be the picture of Malibu.”

Peterson replied that, except for an obviously dangerous condition, the only thing the inspector checks is whether new construction applies to approved plans.

Referring to the city’s distinction between guest houses (which cannot be rented) and second units (which can), longtime activist Frank Basso noted, “I feel very sorry for people with rental units. The saddest thing is that they are turned in by their neighbors. This snitch mentality should stop. A name should be on every complaint.”

Responding to a question from resident Ann Hoffman as to why the city requires a building permit when the state does not, it became apparent there is an overlap of building codes. Malibu is required to enforce the state building code. The city also adopts the county and international Uniform Building codes, while creating more restrictive codes for issues such as septic systems and geology. No standard can be less restrictive than state law, said City Manager Harry Peacock, reading from the voluminous Municipal Code.

“People have a lot of questions based on misinformation,” said Peterson. He said grandfathered structures, those legally built before March 26, 1993, still require building permits and inspections. Reading from the state building code, he also said certain structures, including some fences, tool and storage sheds, playhouses and greenhouses, do not require a building permit.

Councilman John Harlow argued for council oversight. There is a conflict of interest in having only the building department and city prosecutor determine the outcome of the complaint, Harlow said.

Those interested in serving on the task force should contact City Manager Harry Peacock. Copies of the city’s code enforcement information packet are available from the city’s Building Department.

Sitting alone in her room

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Susan Egan has some surprising advice for aspiring Broadway stars: “You’re already halfway there.”

Currently starring as Sally Bowles in the long-running Broadway production of “Cabaret,” she has taken time off to honor her commitments for a one-week series of Southern California concerts, including one at Pepperdine Friday.

“When you get roles in plays, it happens overnight. You book concerts two years in advance,” she says. Happily, this week she is escaping the single-digit degree weather back East to perform here.

Egan also originated the role of Belle for the Broadway production of “Beauty and the Beast,” staying with the production for 2-1/2 years, and has done numerous voice overs, including the cartoon character Meg in “Hercules.”

She was appearing with Carol Burnett in “Putting It Together” at the Mark Taper Forum, but negotiations for its New York production became “goofy,” she says. Thinking the producer didn’t want her, she auditioned for Cabaret. Now she knows the seeming lack of interest was a negotiation ploy — one that backfired for the producer.

And she found a job she loves. “Sally Bowles is a role,” she says. “Cabaret is a play with music — an opportunity to break this good-girl image in New York. And are you kidding? Sam Mendes!” she adds of her director.

How to best explain her character? “There’s not a lot of logic to her. She jumps from topic to topic. She’s Holly Golightly with a drug problem. She makes bad decisions. By the end of the play, you know she’s going to be dead in a year.”

Quite the opposite of the upward-bound life Egan seems to be living.

Born in Long Beach, she was raised in Seal Beach and attended Los Alamitos High School, which her senior year became Orange County High School of the Arts. She credits her music teacher there for firing her interest in musical theater. “He made choir. He gave me a lot of stage time. I learned how to keep going when the set is falling down. I can set up a mike anywhere. Now, when the set falls down on Broadway or the mikes go out, I actually embrace it.”

Not that Broadway was immediately hers. She waited tables at the Olive Garden and folded T-shirts at the Gap. “I sold jeans to Tom Hanks. I can’t wait to meet him again. I know his size.”

She moved from school performances to community theater, appearing with the civic light operas of Long Beach, La Mirada and Santa Barbara. “Every CLO in Southern California, I’d go to the audition.” She worked her way up from chorus to roles.

Then came a lead in summer stock, a production of “Bye, Bye Birdie” in St. Louis, starring Tommy Tune. Soon, they were calling each other “Sousous” (a ballet step) and “Tune.”

Egan was midway through her junior year at UCLA when Tune asked her to join his national touring company of Birdie, directed by Gene Saks. “I left college, but I didn’t leave my education,” she says.

Tune is still her inspiration. “He taught me, by example. He’s still in the business for all the right reasons. He lives absolutely in the moment, totally dedicated. He never became a diva.”

He convinced her to move to New York, telling her New Yorkers would understand her. There, she auditioned for Belle. “I thought it was such a rotten idea to do the show,” she recalls. She hadn’t yet seen the movie and auditioned with a song from another musical. “I read it differently,” she explains of her success. Nervous singing in the presence of songwriter Alan Menken at the second callback, she was less nervous at the third. “Eisner and Katzenberg were there. The blissful part was I hadn’t known of either of them.”

Focusing on rehearsals and wondering if the show would work, she didn’t think about her first opening night on Broadway. “When you lift your head and realize where you are, it’s overwhelming.” The opening night party was “nuts.”

During the run of Beauty and the Beast, she met “every” celebrity and their kids. They came backstage because the kids wanted to meet the characters; she recalls being excited at chatting with, among others, Warren Beatty and George Bush. She took Polaroids at these occasions. “I try to pinch myself every so often.” Her advice to others at these times is, “Don’t be so overwhelmed you can’t get your job done.”

Other advice she offers at the master classes she teaches: “Take advantage of everything you have at the moment. Your classmates are with you for four years. They’re the directors and filmmakers of tomorrow.

“Don’t live in the future. Don’t wait for Broadway. You’re halfway there. Look around. Enjoy the process.

“And then you get to Broadway, and there’s still not enough money for the production or not enough wing space — no place to put the sets when they go offstge. You think, ‘It’s Broadway. They should have figured that stuff out.'”

Egan turns 30 next week and is lamenting the lack of a boyfriend. How is this possible considering her perfect looks and peppy personality? “People mistake me for my roles,” she suggests. “People are intimidated. And then I’m so tired, and I work at night.”

A boy broke up with her mid-December. She says the Armani sweater she bought him for Christmas looks great on her, and he later told her he had a terrible New Year’s Eve. Meantime, she harnessed the tears for Sally.

Yet, she says, she is a loner, a voracious reader who prefers going home and reading. She says she “picks the brains” of literary friends. “I’m looking for the Algonquin Round Table — take away the alcoholism.”

She currently lives in a famous New York hotel. “It’s very, very Sally acting four blocks from the theater.” Hotel life serves her well. “Sally’s exhausting. Living in this hotel, I get towels and they change my sheets.”

A typical day for her ends at 2 or 3 a.m., after she and her friends, mostly theater people, get together after their shows. During the day, she auditions, has voice-over work and does a Pilates workout. She and a friend have started a production company, hoping to produce an off-Broadway play. On Wednesdays, her full day off, she may see a matinee performance of another production. She aspires to write — not direct, she emphasizes. She hopes to write a novel, “The kind of book I would have loved to have read when I was 20, from the backstage point of view.”

She has extended her contract for Cabaret through July. Then, she says, she might like to perform Saint Joan, or Rosalind with “Shakespeare in the Park,” or even make another film. “It’s easy to get burned out on theater. One day a week off is never enough. But if you keep coming back to the boards, it keeps you honest.”

At Smothers Theatre, she will perform Broadway and film songs — Sondheim, Gershwin, Menken, Schwartz — as well as those composers she calls, “If You Wait Five Minutes, They’ll Be Famous, Too.”

“It’s Valentine’s week. I’ll explore love — the good, bad and ugly. I’m sure all of this is therapeutic.” She’ll cover “first love, teen angst, making oneself right for someone one isn’t right for.”

She will also include a smattering of patter. “I got into the business to play roles,” she says, doubting that she is interesting enough to chat with an audience. “But people like the personal stories — stories to put the human face on what you think is this glamorous world.”

Like the time she picked the fuzz off Terrence Mann’s tongue when the famed actor playing the Beast was in his costume that included furry paws. Like the time she dislocated her elbow in the middle of Beauty and the Beast when she slipped on congealed dry ice. Like the time she broke her ankle, also in Beauty. “I do things with abandon. I’m not saying I would change it. I’m just saying it gets me into trouble.”

Susan Egan appears Friday only, 8 p.m., at Pepperdine University’s Smothers Theatre. Tel. 456.4522.

Sometimes it takes guts

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There are many people serving in government who have no great need to do anything. After all, doing something means taking risks. You have to put yourself up front, and when you do, you’re going to take some hits. You’re guaranteed no matter what you propose, there will always be some people who don’t like it. They may not have any plan of their own, but they know they don’t like yours. In fact, generally, they don’t like anyone’s plan.

Then there is another group, and they do have a great need, and that’s to stop everything. Generally, they get into politics as a reaction to something they didn’t want changed, any change, and they spend the rest of their public life always looking backward. Whatever the issue, they are certain yesterday was always better than today and most certainly better than tomorrow.

Tomorrow scares them to death because they look out and see a world always getting worse. Where there is abundance, they see scarcity. Where there is improvement, they see regression. Where there is opportunity, all they can see is danger. They are the society of the permanently beleaguered.

Then there’s the rest of us. We’re generally a little of both of the previously mentioned but balanced with some hope and optimism.

We’re going to need that optimism. We are in a unique moment in the history of our town. We have an opportunity to decide what our town will be for the next couple of decades. There are two ways we can do this. We can resist, try to block everything, fight a constant rear-guard action and ultimately lose because time really does move on. Or, we can take the proactive approach and try to balance the good with the bad and move ahead.

On Monday, the City Council Ad Hoc Committee, consisting of Tom Hasse and Joan House, will be bringing a proposal to the City Council for a development agreement with Malibu Bay Company. I have not seen that agreement yet nor, I suspect, have several on the council.

I don’t know whether it’s good, bad or indifferent. I don’t yet know what they gave up and what they got in return.

But what I do know with absolute certainty is that it took a lot of guts for Tom Hasse and Joan House to agree to go into this process, to spend the months trying to hammer out a deal, to participate in some grueling, long-hour and late-night negotiating sessions, and ultimately to take the abuse that’s going to come their way from some who truly don’t want to see some of our problems solved. I know neither Tom nor Joan was naive about the abuse and the charges that are going to be leveled at them. They know they’re going to be called developers and traitors and sell outs by some. But they also hope there are many more of us who are going to appreciate what they have tried to do and honor them for it. I personally tip my hat to them for their courage, their willingness to endure abuse in our name and because they have a vision of a better Malibu and the guts to try and do something about it.

A vision of Malibu where we have parks. A Malibu where we have ballfields and a teen center and a place for seniors to meet and for the community to gather. A Malibu that understands the value of family and appreciates what they bring to this community and what they need in return.

So bravo, Tom and Joan. We salute your energy, your courage and your fortitude, while of course reserving the right to beat you up if we don’t like the plan.

Commission draws Perez stringline

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In the latest episode of a yearlong battle between Carbon Beach neighbors Charles Perez and Gil Segel (and between planning commissioners and staff), the Planning Commission Monday drew the stringline for the remodel of Perez’s home.

The stringline is a rule of thumb for determining how far seaward homes and decks may project toward the beach. The City Council, punting a difficult decision, had directed the commission to delineate the Perez stringline according to a definition made by the council last month. That definition said the deck stringline applies to swimming pools.

Perez’s attorney, William Ross, said the stringline should be drawn based on the city’s Interim Zoning Ordinance. Segel’s attorney, Frank Angel, said the Coastal Commission easements granted to the prior owner of the Perez property preclude approval of any stringline seaward of Perez’s existing deck.

On Commissioner Jo Ruggles’ motion, the commissioners voted 3-2, Chair Ken Kearsley and Vice Chair Ed Lipnick dissenting, to draw the Perez stringline from the corner of the Segel pool across the outside edge of the existing deck.

Although the City Council, through a memo by City Manager Harry Peacock, had directed the commissioners to apply the city’s Zoning Ordinance and council-adopted definition of stringline and deck rather than second-guessing what the California Coastal Commission or State Lands Commission might decide later, Ruggles said the stringline used a conservative approach. In comments to The Malibu Times, she said the delineation she described is the one closest to the original stringline.

“We should not violate past Coastal Commission permits,” she said.

Commissioner Charleen Kabrin, who sided with Ruggles, noted, “I am responding to a recorded easement. There is no evidence that it has been set aside.”

Commissioner Andrew Stern said he hated to make a decision that might be refuted by the Coastal Commission. “I personally resent that this came back to us,” he said. “This is just another case where we approve something and, when it goes to Coastal, they say it is wrong.”

According to Perez’s architect, Michael Barsocchini, the Planning Commission stringline is “radically different” and would completely eliminate the pool where it was planned.

The site-specific Perez stringline is separate from the commission’s action last week on the stringline Zone Text Amendment. (See separate story.)

In other matters in the meeting ending at 11:45 p.m., the commissioners offered ice cream treats if neighbors battling over view issues could resolve their differences before the commissioners had to vote.

The bribe worked on an agenda item involving Boniface Drive neighbors who disputed height and landscape issues. On a suggestion by Stern that the parties work on a compromise offered at the meeting, the parties came back 15 minutes later with draft language for the resolution. The vote in favor of the resolution was 4-0, Kabrin abstaining because she lived near the parties.

On view issues between neighbors on Carbon Mesa Road, the commissioners voted unanimously to continue the hearing to March 6 so the parties could iron out a compromise on the height of the proposed home.

The commissioners voted 4-1, Lipnick dissenting, to approve Ruggles’ motion for a new home on Horizon Drive but without the pool. Ruggles said she was concerned about geological issues on the steep slope. The commissioners said they would consider an amended application from the applicants with more information about the pool. The commissioners also voted 5-0 to add low-intensity exterior lighting conditions to the approval.

The intensity of land use

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This letter was sent to Assemblywoman Sheila Kuehl.

Thank you for your letter of Jan. 27, 2000. We are very pleased you share our concerns regarding the appropriate use of the former Streisand Center for Conservancy Studies, which has been recently renamed “Ramirez Park.” In response to you letter, we certainly want to be a part of any process that would facilitate a resolution of this matter and we look forward to hearing from the Attorney General’s office. At the same time, we believe that the state and its commitment for resources may also have to play a part in this discussion.

Consider this an appeal to the state to financially support the conservancy’s proposed pilot programs at Ramirez Park. If the state believes that the park purposes intended for Ramirez Park together with the conservancy’s office use, will serve a public benefit, it should support the conservancy by providing the necessary funds to maintain the property. If the state does not believe Ramirez Park, has a worthwhile mission, then the state should direct the conservancy to abandon the Ramirez Park project, thus avoiding protracted litigation, damage to the environment and negative publicity.

The dispute with the conservancy, as you know, has always been, in essence, about the intensity of land use. While certain park, educational and limited office uses could be managed in a manner compatible with the residential uses in Ramirez Canyon, the use of Ramirez Park for large commercial events is simply not compatible with residential use.

As we understand it, the conservancy would prefer not to have to earn revenues by renting the property for weddings and other events in order to maintain the Ramirez Park property. The conservancy would prefer to focus its attention on small scale programs that may ultimately provide a fine public benefit. Property monitored, we think the conservancy should be given the opportunity to make Ramirez Park a special place for the handicapped the elderly and others, in a manner consistent with this sensitive environment and surrounding residential uses.

There is no way, realistically, for the conservancy to continue its commercial uses without disrupting and endangering both the residents and the environment of this canyon. However, without state support, the conservancy will be forced to continue to exploit the property for weddings and large conference and fund-raising uses. The private rights owned by Ramirez Canyon homeowners will, therefore, continue to be overburdened, and the homeowners will be forced to seek inverse condemnation damages from the state, at an extraordinary expense to all.

On the other hand, there are many good, low-intensity uses that could be made of Ramirez Park. One idea was submitted by the Friends of Caballero Canyon, which envisions that the property could be accessed by backpackers and equestrians from the Backbone Trail and used, in part, as a hostel. Perhaps, with state financial support, Ramirez Park could provide a scholar in residence program as originally intended.

There are many possibilities and many potential benefits. Consider this: If the conservancy did not use Ramirez Park as a catering facility, it would no longer violate the city of Malibu’s zoning scheme and could relieve both the state and the city from the time and expense involved in a legal dispute. Likewise, if the conservancy did not have to overburden Ramirez Canyon Road, the state would not have to incur the cost of a prolonged struggle with the residents and the risk of a large inverse condemnation award.

We ask that you be a part of the dialogue and the state be a part of the solution. We thank you for your continued interest and concern and hope that you will be participant in the resolution of this matter.

Ramirez Canyon Preservation Trust

The real estate angle

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As a professional real estate agent in Malibu, I am speaking for many of my colleagues in describing the problems that the city’s zoning code imposes on a typical home seller in this community. In attempting to comply with state residential disclosure laws, sellers and their agents are shooting at a moving target because of the complexity of the city’s current regulations and their ambiguous implementation by the Planning Department.

Although city law states that nonpermitted structures such as guest houses are grandfathered, the city has begun aggressively citing homeowners for buildings that have been here for 40-50 years without penalty. This creates unnecessary personal financial liability to all parties involved. If the current zoning policy is not amended, agents will have no alternative but to refer all buyers and sellers to an attorney. This will prevent agents from providing the services that they have traditionally offered and increase the seller’s cost significantly.

Sellers also face real economic loss as either the buyer or the seller will reduce the sale price by the significant expense of permitting pre-existing structures, including geological and environmental studies, various plans, increased covered parking requirements, etc. This trend will inevitably make it more difficult for property owners to sell their homes or to realize the equity in their properties and for buyers to get loans.

Name withheld on request

Appreciate Your Soccer Options

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My name is David Simpson and I’m writing to thank everyone involved in the American Youth Soccer Organization Under 12 Girls All-Star Team. This was the first year that I’ve been involved in AYSO soccer and I found it very beneficial. It was a pleasure to work with Jill and Harold Smith, whom above all made me feel very appreciated. I was told by the parents of many of the children that they enjoyed having me as a coach: and that not only was the experience fun but they also learned a lot. I became involved with AYSO when a neighbor of mine, Chris Nansel (a coach for his daughter’s regular season team) remembered that I had played soccer as a child and was still an active adult player. He suggested that I come out and give a hand, and I found that the more I saw the kids learning, the more I enjoyed helping out. I am a perfect example that one need not only become involved in coaching when they have a child on the team. It is a rewarding experience. Moreover, as I didn’t have a child of my own playing there was no risk of bias towards one’s own child — a problem that I know some parent coaches have. I would strongly recommend that more people with soccer backgrounds get involved. Thanks again to all the parents, AYSO, Chris Nansel and most importantly the kids.

David Simpson

Committee, Bay Co. hammer out deal

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A bombshell went off at City Hall early Tuesday morning with the announcement that the City Council’s Ad Hoc Committee had reached an agreement with Malibu Bay Company for a long-term development plan for the Malibu Bay Company’s land in the Civic Center.

None of the parties to the negotiation would talk about the specifics of the proposed deal, waiting until it is first presented in its entirety to the City Council at its next meeting, Feb. 14.

The city had been seeking certain amenities, including land for ballfields, land for a community center and perhaps a building for the center, as well as to keep some of the undeveloped land in open space. In exchange, the city was prepared to negotiate a legally enforceable deal and perhaps some density bonuses. The Malibu Bay Company, the city’s largest landowner, was seeking some certainty, an orderly road map for developing its properties and perhaps an avoidance of a protracted, contentious development process and litigation.

According to a press release from the city of Malibu, negotiators characterized the overall agreement as one that responsibly limits future commercial development on Malibu Bay Company properties and secures significant public amenities and benefits for the Malibu community.

Although there has been official silence clamped onto the negotiations, information has trickled out over the 10 months about a series of tough negotiations, sometimes late into the night, between the Ad Hoc Committee, consisting of Councilmembers Joan House and Tom Hasse, assisted by the city manager and city attorney, and representatives from the Malibu Bay Company, including Jerry Perenchio and his attorney son John Perenchio, both personally participating in the negotiations at various stages. The last few weeks included some marathon negotiating sessions with a report of Jerry Perenchio helicoptering in to take part. Rumors had circulated that the negotiations were reaching zero hour and that Feb. 7 was the drop-dead date.

The deal the Ad Hoc Committee is presenting to the council is merely a draft proposal, unless and until there is a minimum of three council votes to make it a reality. If the council approves a timeline to move it forward, it has to go through an EIR process and then public hearings before the Malibu Planning Commission and ultimately the Malibu City Council for approval of the final agreement. Thereafter it also has to be approved by the California Coastal Commission. Knowledgeable individuals have indicated the entire process could take 18 months at minimum and probably a great deal longer.

The Malibu Bay Company holdings include the following properties over Malibu:

  • The Civic Center properties include:
  • Chili Cook-off site, approximately 20 acres
  • Ioki site (adjacent to City Hall), approximately 9 acres
  • Island site (small piece at the intersection of PCH/Webb Way/Civic Center Way), approximately 1 acre
  • St. John Urgent Care Center/Old Post Office Site, approximately 2 acres
  • Winter Canyon Site (on Civic Center Way and Winter Canyon), approximately 4 acres
  • Smith Parcel site (beneath condominiums on the west site of the Civic Center), 4 acres (2 acres of which may be wetlands)
  • Knoll Site (adjacent and west of the location of Ralphs Market/Malibu Colony Plaza Center), approximately 4 acres
  • Gagnon site (near the old Post Office), approximately 3 acres

West Malibu properties include:

  • Trancas Commercial Center (currently where the Trancas Market & Starbucks are located and extends to the other side of Trancas Canyon Road, including the gas station), approximately 12 acres
  • Trancas adjacent (a large, L-shaped parcel on PCH and Trancas Canyon Road and into the hills above, some flat and zoned residential), approximately 25 acres
  • Old Trancas Riders & Ropers site (just east of the market), approximately 5 acres
  • Trancas Beach site (east of the Swim Club), several beach parcels with about 200 feet of beachfront
  • Point Dume site (large parcel, with 12-13 flat acres along PCH, between Portshead and Heathercliff, where the high school Christmas tree lot is usually located), approximately 19 acres

The Ad Hoc Committee discussions with Malibu Bay Company covered a total of about 46 acres in the Civic Center. There are also several other landowners in the Civic Center who cumulatively own about 94 acres, which includes the Adamson Hotel site at the intersection of PCH and Malibu Canyon Road and a number of parcels in the center itself. Some of the Malibu Bay Company sites under discussion are already partially built out, including the Malibu Colony Plaza Center, the old Post Office/St. John’s Urgent Care site and on the other side of PCH Malibu Lumber Company and the Pet Hospital. Most, however, are still undeveloped. Most of the owners of the Civic Center properties, including Malibu Bay Company, already have projects in the development pipeline in various stages of review. The proposed development agreement with Malibu Bay Company would be instead of those it already applied for. If the proposed agreement is rejected, Malibu Bay Company could still proceed with its current applications, which are submitted under the rules of the General Plan and the Interim Zoning Ordinance.

The proposed settlement is currently in the hands of attorneys for a final draft and the council agenda for the upcoming meeting is being amended.