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Hearings round up usual suspects

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After three consecutive nights of public hearings on the Civic Center Specific Plan, it seemed apparent to city councilmembers that the majority of voters who elected them don’t want much of anything built there.

In 1996, the city contracted with consultants Crawford Multari and Clarke to design a plan for $300,000. Mike Multari worked with a citizens advisory committee for 18 months to come up with a plan that would be acceptable to residents and Civic Center property owners (about nine, including: Malibu Bay Company, Adamson Cos., Pepperdine and Joan Knapp).

A markedly different plan was proposed by the Malibu Coalition for Slow Growth (MCSG), which advocates greatly limiting commercial development to what is known as the Chili Cook-off site (the level parcel bounded by PCH, Webb Way and Civic Center Way. The remaining land would be set aside for private homes, small bed-and-breakfasts, a stream park, public ball fields and perhaps a small amphitheater.

After the Planning Commission reviewed, and scaled down, Multari’s plan in February, the council deadlocked on which version would be used for the EIR and ultimately decided it wanted more public input.

Planning Director Craig Ewing explained that there are now several specific plan drafts. Under the MCSG plan, “commercial development would be limited pretty much to what’s already there,” he said.

A large map of the area was displayed with areas marked in different colors, designating buildings and parking already there: the county building, which houses the Public Library, Municipal Court, City Hall; the retail complexes on Cross Creek Road; a professional building; and the buildings on Stuart Ranch Road leased by Miramar Communications and the Chamber of Commerce.

Added to this were build-out projections (with their required parking spaces) allowed by both plans, shown in different colors. The proposed buildings were, however, not placed in any particular location on the map, which seemed to add to some of the residents’ confusion. There were no open-space calculations with any of the build-out plans. To better picture the density of different build-out scenarios, the existing B-1 district is calculated at .13 FAR (floor area ratio), Ewing explained.

The idea was to locate each meeting in different parts of the city, and though each meeting drew 40 to 50 people, several attended two or even all three sessions.

A sampling of citizens’ concerns: Bill Carson, president of Serra Canyon Homeowners Assoc., said, “We are most concerned about the sewage disposal issue. We are not happy with the proposal to dispose of it on Joan Knapp’s property [east of the library]. We are downwind from it. Who wants to live in a place where you say, ‘to find my house, follow your nose?'”

David Resnick, who represents the Malibu Bay Co., read from a prepared statement. “I am concerned that the democratic process has been circumvented . . . . The advisory group considered the full range of public opinions . . . . Their hard work was not given any respect.” Further, he read, the slow-growth plan “was developed behind closed doors. This private group shut out competing voices. . . . The advisory group was maybe only a calculated sham.”

Marshall Thompson, a newcomer to Malibu and a resident of Malibu Park, questioned the amount of black space on the map indicating parking. “Is there a way to acquire the Civic Center, bring it back into public domain, where we have a balance of legitimate property rights and a way to preserve the beauty and charm of Malibu? Is there a way to have an exchange where they get development rights in exchange for us getting open space?”

Ewing replied, “Either through bonuses or through development rights, we can do it. It’s complex, but we can do it.”

Councilman Harry Barovsky noted that there is a 60 percent provision for open space under the advisory committee plan, which doesn’t include parking lots.

Attorney David Kagon said, “The key word here is horse trading. . . . Everyone would like to see as little development as we can legally restrict. The key word here is ‘legally.’ We could end up back with the General Plan, and that permits more development than any of the Specific Plans.”

Some residents said they were not opposed to all development and said the Civic Center was the perfect place for a seniors residential complex that would include a community center and medical facilities, as had been proposed by both Pepperdine and Joan Knapp during the first specific plan process. Other planners had noted that senior housing would not add to traffic, as shuttles would take senior residents to and from the nearby theater, shops and restaurants.

Several residents expressed concern that both plans would be moot if the land was found not to be able to sustain that development, and that perhaps the EIR should be done first.

Ewing said staff needed to know which proposal to submit for the EIR, and that he would need to know basic uses — retail, residential, commercial and maximum FAR — but not as much detail as whether it’s visitor-serving vs. residential-serving.

Councilman Tom Hasse asked if two alternatives could be studied. Ewing responded, “Yes, but it will be more expensive.” The EIR is budgeted for $140,000. Ewing also said that there would be public hearings on the EIR after it is completed.

Barovsky asked, if landowners submitted development plans before a Specific Plan was adopted, would their proposals be evaluated under the current rules?

City Attorney Christi Hogin replied they would be grand-fathered in at the time of application. “We can’t indefinitely delay a proposal because a Specific Plan is under development,” she said.

By the end of the third session, the council had heard so many requests for more open space and limited development, that they were talking about possibilities of a land trust, a bond issue, assessments and other methods of purchasing the land to preserve it.

Hogin warned the council against considering property for purchase while still regulating its development, which would put the council in a conflicted role. “To flirt with buying for a long time stigmatizes it [the property]. You should identify the land and buy it.” Hogin added, “There will be a comprehensive memo on this in your boxes in a few days.”

The council is tentatively scheduled to consider the matter June 30.

Katie Cooper and Eron Ben-Yehuda contributed to this story.

The welcome Matt

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Dear City Council Members:

We and our children have spent many wonderful days and nights attending the exciting programs Matt Kouba has offered at Charmlee Park. We’ve spied a comet through giant telescopes; petted an opossum, a turtle and a rat at the Nature Center; hiked on trails shared by deer, rattlesnakes and an occasional cougar, danced to bluegrass music at solstices; camped under meteor showers; chased rabbits on trail runs and mounted moths on Bug Night. We’ve been entertained, enlightened and educated by Matt. He is truly a Malibu treasure and we are sad that he has left city employment.

We have recently been informed that you may allow Matt and his family to stay on as caretakers of Charmlee so that they could continue to watch over the park and, hopefully, keep many of the programs going. We support this proposal wholeheartedly. Charmlee is in a remote area of Malibu. With their intimate knowledge of the park, Matt and his wife, Beth (who is a nurse), are able to provide invaluable assistance to park visitors in routine and emergency situations. They open and close the gates to the park, patrol for fires, provide information regarding wildlife and safety, and they have the only telephone at Charmlee. As caretakers, they would cost the city nothing because they pay rent.

Please retain the Koubas as caretakers of Charmlee. In their capable hands, one of Malibu’s finest wild places will be kept alive and protected.

Gloria and Bob Van Santen

Just do it

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My book entitled “A Brief History of Malibu and the Adamson House” can be purchased at the Malibu Lagoon Museum gift shop. All proceeds go to the museum. Because it is only 62 pages and it took me four years to write it, I was accused two years ago by some people of being a procrastinator. I resent this. I intended to answer this charge sooner but I didn’t get around to it. Before the Malibu book I had another little book to write entitled “Keratoconus,” (bulging corneas). I postponed the writing of that book for awhile because I had to correct a chronic hook in my golf stroke and that, in turn, was delayed while I tried to improve my underhand tennis serve. There were a few other matters which arose that caused some delay on my tennis serve but I won’t bore you with these.

Heck, any great book takes a long time. When I was 12 years old in 1931, I began writing a novel about the U.S. Navy fleet cruising around the world, starting in Philadelphia. So far they’ve only gotten to Fort Lauderdale. (But are those guys having fun.)

Five years ago I was approached by some homeless (rent delinquent) folks in Santa Monica who said they knew me by reputation and they wanted me to help them start a chapter of “Procrastinators Anonymous.” I was flattered and I intend to do it.

The other day my psychiatrist subtly brought up the matter of a past due bill. I asked if he thought that indicates a tendency toward procrastination. He said, “Well, let me think about that. But of course there are worse faults in people.”

I said, “Like what?”

“Well,” he said, “some people are paranoid, some schizophrenic, some sadistic, some hypercritical. And they are, in my opinion, worse than procrastinators.”

“I’m glad you told me that, doctor,” I said. “Now I don’t feel nearly so bad about that past due bill.”

By the way, if any of you, my readers, have keratoconus, I have a couple copies of that book. Just call me and I’ll mail it promptly sometime. I’m pretty busy right now thinking about applying for a job with Nike.

Bill Dowey

Watching summer slip away

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If you sit on the back patio of Duke’s Restaurant, you can eat lunch with your bare feet in the sand and watch the bulldozers on top of the hill at Las Flores Mesa slowly carving away the hillside. After a while, it’s hypnotic. I simply couldn’t stop watching. I wasn’t alone. The parking lot was filled with other hill watchers and the usual harbingers of Malibu disasters, the ubiquitous TV trucks waiting for some drama to happen. Occasionally, a large rock would come down and the crowd would “ooh” in appreciation. Mostly people just sat silently and watched.

People may bitch that the fix is going to take so long — 120 days at the most recent estimate. Once you watch the bulldozer working, however, you get a sense that it doesn’t really matter what Caltrans and the City Council say. In the final analysis, it’s the guy in the bulldozer seat, pushing the earth and the rocks to the edge and down the hill who’ll ultimately decide how long this fix is going to take. It’s slow, precise and dangerous work. Push too far and he’s over the edge, tumbling down the long drop along with the rocks and dirt. Don’t push far enough and the job could take six months instead of 120 days.

Meanwhile, all that most of us can do is wait and try to make do, which isn’t easy.

For those of you who haven’t tried it yet, there is a tortuous route into Santa Monica. Take Las Flores Canyon up to Rambla Pacifico, then a right turn onto Schueren Road, which turns into Saddle Peak Road and then Fernwood Pacific Drive, which leads into Topanga Canyon. Altogether it takes about 30 minutes and is a beautifully scenic drive, with Valley vistas, greenery and running streams, but be prepared for dozens of hairpin turns. If you’re prone to seasickness or have fear of heights, I wouldn’t recommend it. I haven’t yet tried it at night, and I suspect it is quite an experience. Your other alternative is to come through one of the canyons via the 101, which I understand has been a mini-disaster since PCH closed. Caltrans said it’s hoping to get at least one lane each way of PCH open within five working days, which puts it into the early part of next week — if we’re lucky.

This is not an easy town to live in. In the last few years, we’ve had devastating fires, mudslides, flooding, numerous hillside slides, El Nino battering the beaches, retaining walls collapsing, roads sinking and just about everything but locusts and the waters turning into blood. It takes deep personal reserves, deep cash reserves and a nearly irrational sense of optimism to keep your sanity.

The next four months are going to be especially tough on all of us. Local businesses, for whom the summer is the big season, are going to be hanging by a thread. Some are going to fold. The pressures on our city, its budget, the council and city officials are going to be staggering.

There are a few things we can do. For one, we can all patronize our local businesses and our local restaurants because without us they’re not going to survive.

For another, the city needs to organize a quick-response team, with a duty officer for the day, so that when things happen after hours or on weekends there is an emergency number and an individual with authority who can respond.

We need to work out, ASAP, an arrangement with Caltrans and the sheriff for emergency traffic response, so when a light goes out or blinks red or there is an accident, there is someone there to direct traffic. We also want cones in the roadway at times of bottlenecks. It’s insane to sit there in traffic and have the middle lane empty.

It’s going to take some doing and some dollars. If we want those things, we have to be prepared to pay for it with extra budget. But Caltrans and the sheriff have to shift their paradigm and give the highest priority to keep the traffic moving.

Even with all of these things, we’re in for a tough summer. If we are going to survive with a functioning tax base and insanity intact, we’re going to have to cut each other a little slack and definitely find a way to make fewer trips into town.

Council, city attorney argue ethics of campaign investigation

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The Malibu City Council pushed scheduled agenda items aside to deal with the issue at the forefront of most residents’ minds — the closure of Pacific Coast Highway.

After hearing testimony from three Caltrans engineers, council members voted unanimously to launch a major coordinating effort that would pull together the agencies involved, as well as elected officials on the state level. (See related story.)

“Right now, we’re sitting here in this community with a dagger in our heart,” said Councilman Harry Barovsky. Barovsky made a motion to bring together city staff, decision-making person from Caltrans, the governor’s office, Sheila Kuehl, Tom Hayden and Zev Yaroslavsky’s office and a representative of the Malibu Chamber of Commerce to work out a plan to accelerate the effort to reopen the highway. Barovsky said it’s important to include “the people from Caltrans who are capable of making the decision to work 24 hours a day.” The council unanimously approved the motion.

Agreement went by the wayside, however, when City Attorney Christi Hogin asked the council to approve agreements with lawyers to represent the city on municipal matters. The council approved hiring a law firm that specializes in eminent domain but balked at hiring an outside lawyer to investigate allegations of campaign fraud in April’s municipal election. The investigation involves a Political Action Committee set up to support the election campaign of Councilman Tom Hasse.

“If Christi Hogin is to be the sole counsel, she will be investigating, basically, her bosses’ constituents and as we note, she can be fired by any three council members,” said resident and attorney Dave Kagon, adding a contrary vote “sends a clear and unambiguous signal and message that the City Council members are more interested in protecting a core of their supporters than they are in upholding the laws of the city they swore to uphold.”

Tami Clark questioned the need for an outside attorney, pointing out that the state’s Fair Political Practices Commission exists to investigate campaign fraud. “Are you opening up another Pandora’s Box?” Clark asked, adding she doubted the city’s budget could handle the expense.

Hogin said she makes projections of the costs of the city’s outside legal services and the cost of hiring Roger Brown, her choice for the investigation, falls well within those limits. Hogin told the council, “I have a budget, and I’ve always come within it, and I take that obligation very seriously.”

Councilman Tom Hasse asked Hogin what the difference was between complaints raised following other campaigns and the current ones. Hogin told Hasse, in the past, “there was absolutely no indication that our local campaign finance law had been violated on its face.” In this case, she said, “I have factual questions whether things actually happened or didn’t happen, and that is going to take an investigation.”

Hasse recused himself, stating while he had no legal obligation to step aside for the discussion and vote, he would do so for the sake of appearances. But his recusal also took away a deciding vote, since a 2-2 vote means a measure does not pass. The lines were quickly drawn, Barovsky and Mayor Joan House in favor of the request, council members Walt Keller and Carolyn Van Horn opposed.

“I don’t quite see all the parameters,” said Van Horn. “It’s very Kafkaesque. I don’t think, and I’m sure that’s going to get in the paper, but I don’t see anybody here.”

Van Horn further asked, “Why do you get to cover yourself by hiring a second opinion?”

“It’s not a matter of covering,” Hogin replied. “They’re not going to say that it was me. They’re going to say that it was you. It’s you that I’m protecting.”

Councilman Walt Keller said, “I really am concerned that you haven’t even talked to the folks that are being charged, and you don’t want to tell us what the allegations are, right?”

“I’m not going to, and it would be unethical for me,” said Hogin. “I don’t think, Councilmember Keller, that you can make any judgments at all about how it’s being handled, since you have no information.”

“That’s right. That leaves me wide open doesn’t it?” replied Keller. “What is the evidence? Again, you don’t want to tell me, right?” “Well, it’s not your role,” said Hogin. “It would be unethical.”

Keller suggested that Hogin hold off until the Fair Political Practices Commission completes its investigation. When Hogin said that would not be possible, Keller said, “I have to fall back on why you should need outside help. It would seem much more efficient for you to do it since you wrote the law.” Keller asked Hogin for a written report in 30 days with answers to his questions.

“I believe strongly that to make our city attorney handle the investigation, even if she finds no wrong doing, many in the community will think the fix is in, and a cloud will continue to hang over the reputations of those people who are being accused of misdeeds as well as ours,” said Barovsky. “We’ll be painted with that same brush.”

“Based on the active involvement by all of us, the perception may exist that this council has a vested interest in the outcome,” said House. “This matter must be resolved, and the council must remain above reproach.”

“I want a cost, an estimate of the cost, not just to say you’ve gotten your budget,” said Van Horn. “And I want an estimate of the time.”

Barovsky asked Hogin for such an estimate. She replied it would take a couple of months and between $10,000 and $20,000.

“I don’t have time right now to make the comparison of the hourly rate and the stuff that is,” said Van Horn, being interrupted by laughter from the audience. Before the final vote, Van Horn said “I can’t support this at this time because I want you to put in writing what you said.”

The motion died with the split vote. It will be put back on the agenda in July, after Hogin’s written responses are submitted.

In other business, the council voted 5-0 to repair damage done by El Nino to roadways near Calle del Barco and repair the retaining wall on Rambla Orienta. There were three options in the staff report drawn up by Public Works Director John Clement: to proceed with reconstruction when geotechnical stability allows, using General Funds; to proceed with reconstruction only if and when an assessment district is approved by the residents; and to allow reconstruction only if and when FEMA authorizes reimbursement of the work. Estimates run at $650,000.

Residents Casey Cleveland and Karen York addressed the council, which voted unanimously in favor of the first option.

Businesses adopt Webster class

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A small plaque adorns the wall at the Malibu Feed Bin. It bears a photo featuring the smiling faces of Bev Price’s kindergarten class at Webster Elementary. Similar plaques can be found elsewhere in the city. Each says “Thank you for adopting our class.” What they mean is:Thank you for helping us buy supplies we need to help us learn.

“It enables us to have things that we wouldn’t otherwise be able to have,” said Price. “We bought a water table and a video/book stand” with the Feed Bin’s $300 donation. Price says past donations have paid for software and computer supplies. “It’s a great thing,” said Price. “We always appreciate it.”

“We do have an obligation to put back into the community,” said Martin Morehart, who has owned the Malibu Feed bin for 33 years. He says helping local schools seems the most appropriate way to accomplish that goal in Malibu. “There seems to be a few areas in Malibu where you can help, and that’s one of them. I don’t like to get into a wine-and-cheese deal,” he added. “I’m not looking for something with a great social element.”

Webster’s Adopt-a-Class program was started three years ago when parent Mary Ellen Sherry read about a similar program in a national magazine. “I thought, ‘This makes sense,'” she said. “This is a way for some of these businesses to be involved with our school.” Sherry, who is the Webster PTA’s Financial Vice President, says the program benefits the businesses as well as the school because it creates a “collective spirit” when businesses and schools share in the community’s enrichment. “We’re a small town with all the adversity. We have to pull together as a community,” Sherry said.

But not all donations come from local businesses. Some come from families. Judith Schley donated $1,900 this year to Webster’s Gardening Angels program, even though her child has moved on to middle school. “I like knowing that these kids have had the very best of everything,” Schley said. “If the schools can’t afford it, the community should.”

Harry and Sharon Barovsky donated $500 to the library, even though their children are grown. “We have a strong sense of loyalty to the school system in Malibu and most assuredly Webster. Our children went there and received fine educations.”

Sherry says the Adopt-a-Class program has been gaining speed ever since its inception, with donations up 25 percent over last year. She says this increase helped accommodate the additional classroom added to the school this year and allowed for expansion into other programs such as Instrumental Music. In a letter to sponsor Malibu Seafood, music teacher Steve Ravaglioli wrote, “I’m in the process of building a video and CD library for the instrumental music students.”

Teachers say Adopt-a-Class funds have paid for a wide range of things, from equipment to hatch chickens to water rations and emergency supplies. In the future, Sherry says she hopes the program will bring more science presentations, more art and more art studios to the school.

Five Weeks in Italy

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We went to Turin and saw the shroud

At the festa in Gubbio

Got crushed by the crowd

We found the Pope to be witty and charming

Italian drivers were very alarming!

In Florence we met cousins from Avellino

Nino, Pino and Modestino

They said life goes sideways both “up ana down”

We knew what they meant when they drove us around

With Pacino’s words we made a big hit

When we taught them to say “Fogedabowdit.”

It poured on Lake Como so we watched the Black Stallion

Didn’t know that Liz Taylor could speak in Italian

Assi, Padua and Rimini were great

I overdosed on the pasta I ate

Now I dream of Tuscany, the forests and fiori

And the castle we stayed in at Lago Maggiori

The Aosta valley and Mont Blanc were swello,

The pizza delizioso and Italy tutto bello!

Geraldine Forer Spagnoli

Stormy waters

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Re: Council Leaves Unpermitted Additions Hanging

This previously mentioned article contained two decisions. One decision concerned illegal additions; the other concerned making the launching of motorized watercraft illegal from six specific private properties. It is the latter decision that bothers me. Although I do not live on those properties, I am offended by the fact that the council’ s members are so pompous and arrogant that they believe that they can make better decisions than the property owners themselves can make. I cannot believe that the council has nothing better to do than fix non-problems. None of the property owners were launching motorized watercraft from their property, and even if they were, who cares? Not only is the council taking away these individuals’ ability to enjoy some forms of recreation, but it could also put a financial burden upon them. If any of these owners decide to sell their home in the future, why would a potential buyer choose to buy their home and property over a different home and property where you can launch your motorized watercraft? These owners will have to endure a lower selling price as a result of this ordinance. However, why should the council care, six households will not effect the vote, and they can claim that they are out protecting Malibu. My question is, does Malibu need to be protected from itself, or does Malibu need to be protected from the council?

Thomas R. Means

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