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Beach party ends in fatal traffic accident

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Two young people were killed and a third critically injured at 4 a.m. Saturday when their speeding car spun out of control on Pacific Coast Highway near Trancas Canyon and hit a parked truck, sheriff’s officials reported.

The driver, 23-year-old Steve Cho from Los Angeles, had allegedly been drinking, although his blood alcohol level was not known, said Det. Hugh Wahler of the Lost Hills Sheriff’s Station. Judging from the skid marks, Cho was traveling at 120 mph, he estimated.

Cho and the rear-seat passenger, 17-year-old Tiffany Davis from Lake Elsinore, were ejected from the sub-compact car as it side-skidded into a small Bobcat bulldozer. The bulldozer acted like a launch pad for the car, which landed on top of a nearby truck, Wahler said.

The front-seat passenger, 16-year-old Michelle Lindley of Lake Elsinore, was airlifted to UCLA Medical Center, where she was listed in serious condition. She was to undergo surgery Tuesday, Wahler said.

Cho and Davis landed near the car after it dropped down onto Broad Beach, Wahler noted. Lindley, who wore a seatbelt, was still in the car.

The three were returning to a party on Corral Beach that had started the night before, Wahler said, where the driver had been seen drinking tequila. There were also several open bottles of beer in the car, Whaler said.

The three left the party just before 2 a.m. and were coming back to pick up the car’s owner, also from Los Angeles, and another Lake Elsinore girl.

The curve along PCH near Trancas is difficult for a driver under the influence, Wahler said. Cho reportedly oversteered the curve and went into a centrifugal skid.

Still no story on what’s in store for self-storage

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The Planning Commission appears likely to approve a large self-storage facility proposed for Cross Creek Road, but one major sticking point — the actual size of the planned project — remains to be resolved.

Meeting in special session last week, the commissioners unanimously certified the project’s environmental impact report. The commissioners also spoke highly of the design of the facility, planned for just north of Civic Center Way, and its usefulness for the community.

“It’s well-designed, it fits well in the area and it’s a good, low-impact use,” said Commissioner Ed Lipnick, whose comments were largely echoed by the other commissioners.

But each also expressed an unwillingness to grant the variance required for the 56,366-square-foot project without some additional public benefit being provided in return by the developer, Mariposa Land Company.

Under the labyrinthine variance laws, a finding must be made that a variance would not conflict with the General Plan, which permits as dense of a development as that proposed for the self-storage facility but only if a developer provides benefits to the public in return. Public benefits include gifts of land to the city.

Mariposa, owned by members of the Adamson family, has based its variance request for the currently proposed density, in part, on previous gifts and sales of land the Adamson family has made over the years, including land at Bluffs Parks and 900 acres in Malibu Canyon.

But during their discussion of the project, the commissioners said they do not believe gifts made in the past justified the increase over the maximum density permitted without a variance.

“Whatever were the reasons for selling and giving in the past, that was then, and this is now,” said Vice Chair Andrew Stern.

Lipnick said the community recognized the gifts and grants in the past. “But the last time this happened was in 1986, five years before [the city’s] incorporation,” he said.

Trying to coax a final decision from the commission after three meetings on the project, Malibu Planning Director Craig Ewing said that without any additional public benefits from Mariposa, the commission could either approve the proposed facility without the variance or deny it in its entirety.

Chair Jo Ruggles responded she did not want to reject the project outright. “It’s been around too long.”

With that, Mariposa Vice President Grant Adamson volunteered that he and the other owners of the company would discuss whether to offer a new public benefit in return for the higher development density. Adamson agreed to present the results of those discussions at a specially scheduled meeting set for May 25.

Square tomatoes not on the square

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[Your recent] page one article, “Vegging out in Malibu” [May 6] — your glowing story about 2-year-old company “Ceres, Ink” renting space at HRL Labs in Malibu and creating genetically engineered tomatoes and other food products — was surprisingly unbalanced for The Malibu Times.

I love this community for many reasons: the beauty of nature, the level of education of its people, our desire to be informed, our love of the environment and commitment to family and community. We in Malibu who consider ourselves “environmentalists” must be aware of the debate over the emerging “Biotech Century.” Its scientists wish to create drought resistant, pesticide resistant, giant vegetables. We must ask all the right questions and evaluate the long-term consequences.

In his new book, “Biotech Century,” Jeremy Rifkin warns us that “Genetic Pollution” is likely to pose at least as significant a threat to the biosphere in the coming century as petrochemicals have in the current century.

Molecular biologists and industry spokespersons (for Monsanto and other giant transnational companies) argue that genetic engineering will have no harmful environmental consequences. The skepticism occurs because there is not a single instance in human history in which the introduction of a major technological innovation has had only benign consequences for the natural world.

Perhaps our local “Ceres” will create the perfect tomato and even improve upon God’s creation, all while employing many people. However, considering the high-risk consequences of our decisions over how we grow the food that feeds our species, and considering that this new era of agricultural biotechnology has few guidelines and virtually no idea of the potential outcomes to our children and our planet, we at least should raise the right questions and create a more informed discussion.

Bonnie Reiss,

founder of ECO and Malibu citizen

The Gospel according to Saint Jo

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I did something this week I very seldom do.

I attended a City Council meeting. Actually, this was more than an ordinary City Council meeting. This was a combined meeting of the Malibu City Council and the Malibu Planning Commission. The council’s purpose was to consider the new hillside ordinance, and I guess the Planning Commission was there, since they developed the ordinance, so the council could hear it directly from the horse’s mouth, so to speak.

Generally, I just watch these things on cable, so at least when things bog down, I can change channels and watch a beer commercial for a while to hear some stimulating dialogue. But I decided this time that watching it on TV was the chicken way out and that I owed you, my readers, the story straight and unvarnished, direct from the combat zone, warts and all.

So I dutifully reported to the auditorium at Hughes Research Laboratory at 6:30 sharp Monday night. Although my intentions were proper, the human body can stand only so much. By 7:30, my stomach was sour, and I began to think a civilized council would at least sell beer at the meetings like they do at the ballpark. By 8:30 the bile was in my throat, and I began to wonder whether I really cared about you all that much. By 9 p.m., I decided the hell with you all, I’m going home. If you want to know what went on, go see for yourself, if you have the stomach for it.

So based upon my 2-1/2 painfully long hours at the scene, I’m passing on to you my impressions of the meeting.

For one thing, several council members asked questions of the Planning Commission, and, much to my surprise, considering they created the ordinance, they seemed very reluctant to talk about it, with one notable exception — Chair Jo Ruggles. She wanted to talk, she was willing to talk and in fact they could hardly shut her up long enough to get a reluctant opinion out of anyone else.

So here it is: the planning gospel according to the Planning Commission as enunciated by its interlocutor, Jo Ruggles, I assume with the assent of all, although we probably will never know whether it’s reluctant or enthusiastic since they won’t tell us.

As an aside, I must admit Ruggles did impress me. I can honestly say that in my many decades on this Earth, I have never seen another human being who was so absolutely certain about just about everything, a person for whom at no moment in time did there appear even the slightest doubt about what the proper course is to follow.

The plan for building or changes or renovations as enunciated would appear to be:

If your home is more than 18 feet high, thou shalt go before the Planning Commission.

If your home is on a slope of more than 33.33 percent, thou shalt go before the Planning Commission.

If your house is neither of those but the planning director decides he’d rather pass the buck, thou shalt go before the Planning Commission.

Thy house must look like thy neighbor’s because we have neighborhood standards.

Thou can choose any color thou wishest provided it’s not white, has no red roof, blends into the background and can’t be seen.

Thou shalt protect public views, which means anyone who lives in the Valley and drives down PCH has a priority over you who may have spent a million plus for the privilege of living in Malibu.

Thou shalt not have large windows where light can creep out and offend neighbors or passersby.

Thy skylights must be flat and invisible.

Thy colors must be earth tones, but no one seems clear about what’s an earth tone. No matter — the Planning Commission seems to be saying they’ll know it when they see it.

Thou shalt have no bright colors on thy homes, and the decoration shall be flat black or natural colors.

Thy lights shall be directed downward.

And much, much, much more.

Now, I must confess even some on the council seem to balk at the direction the Planning Commission had taken, but Ruggles was clear and totally unapologectic. The Planning Commission wants a discretionary review and a design review. That means they intend to control everything.

So I ask you —

Did you vote for cityhood because you needed help deciding what color your house should be?

Did you vote for cityhood so the Planning Commission could protect you from your neighbors?

Did you vote for cityhood because you wanted to look, sound and be just like your neighbors?

Did you vote for cityhood because you wanted to be sure everyone who drove through Malibu (and that’s what public view means) had as much say as you do as to the shape of your city?

That seems to be what the Planning Commission believes and wants to enact.

In all fairness, even some on the council, with the possible exception of Carolyn Van Horn, who never saw a regulation she didn’t love, seemed to have some of the same difficulty with this that I had.

It remains to be seen whether their skepticism will thwart this silly overreaching by the Planning Commission or whether they ultimately will buckle under.

Hillside ordinance still a work in progress

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After more than a year of study and deliberation, the Planning Commission has submitted its vision of a program to manage, modify, control and, in some cases, discourage development on Malibu’s hillsides. Commissioners explained and defended the draft Hillside Management Program in a joint meeting Monday with the City Council, which also heard public comment on the issue.

After thanking commissioners for their considerable efforts, which included studying similar ordinances of 16 other California cities, the council nonetheless found the report wanting and declined to approve it in its present form.

The document was criticized for being too vague in some aspects and too specific in others. A major objection seemed to be that the commissioners could become the arbiters of style and taste, and even the color of private homes.

John Wall asked, “Is the red tile of my roof earth-toned? Certainly it is the color of the clay that made it. Or the white walls? Certainly white marble of a similar shade can be found.” Mayor Walt Keller would later remark that white would be fine if it snowed in Malibu.

Architects, many of whom contributed ideas, drawings and even models during the planning process, weighed in on the importance of the ordinance being specific enough so they would not have to redesign and resubmit plans several times to get each project approved.

Establishing the Hillside Management Program would require a zone text amendment, which staff recommends along with modifications to the Site Plan Review process to incorporate guidelines for site planning, design, lighting and landscaping that would apply to any structures exceeding 18 feet in height or located on a slope of 33 percent or greater.

Provisions for exceeding the city’s grading limitation to 1,000 cubic yards would allow for notching the structure into the hillside. The grading limit would also be increased if needed for 25-foot-wide driveways and turnarounds required by the fire department. It was generally agreed that anything required by a public agency for safety, including retaining walls higher than 6 feet, would be permitted.

Controlling excessive bulk and mass was a primary concern, Planning Chair Jo Ruggles said, in order to protect views, as well as vulnerable habitat and native vegetation.

The slope-density formula was left out, Ruggles said, because it had been left to the end of the process. Councilmembers agreed it needed to be in the final document. Of the 16 cities whose ordinances were studied — places as different as Montecito and Rancho Cucamonga — definitions of hillsides (ranging from slopes of 10 percent to 25 percent) varied as much as how and where to situate buildings on them. Ruggles said the commission “blended a variety of all those ordinances.”

In an effort to keep from adding another layer of bureaucracy, Planning Director Craig Ewing had suggested the Hillside Management Ordinance, with its goals and guidelines, be folded into the Site Plan Review process.

Norm Haynie said a retaining wall should not be limited to 6 feet if it can’t be seen, particularly if it is behind the house and allows the building to be notched into the slope.

In urging the council not to vote on the document, architect Ed Niles said, “I fully support the planning director’s and the community’s need to have a hillside management concept — call it a zone, an area — but I don’t agree with the process as outlined because I think it’s totally discretionary.” Niles, who had contributed many models and drawings to the planning process, said he didn’t see any of them included. He urged the council to discuss: “What are we doing here? Are we developing stealth buildings? Are we just trying to reduce the mass?”

Brady Westwater said, “Of the dozen masterpieces that Frank Lloyd Wright built in the Los Angeles area, not a single one of them could be built under this ordinance. No one could have any idea how to design a house in Malibu once this ordinance is passed. It’s replacing the rule of law with guidelines that are totally subjective.”

Commissioner Ken Kearsley and Councilwoman Joan House took issue with the guidelines discouraging use of skylights and large areas of glass without considering their energy-saving benefits.

Councilman Harry Barovsky asked for a definition of “neighborhood harmony.” Ruggles responded, “Not dis-harmonious. . . .blending, compatible.” Barovsky asked, “Is that a neighborhood where everything is the same?” “Yes.” Barovsky said, “I’m not even close to being able to vote on this.”

City Manager Harry Peacock clarified that of the four things that would trigger site-plan review, “You need to define standards for the minimum size of the house and the minimum slope. The height of 18 feet and grading of 1,000 cubic yards are in there. You don’t want to set those triggers so low that everything goes to the Planning Commission.”

City Attorney Christi Hogin helped House define her motion to: refer the current draft to the Environmental Review Board; direct planning staff to circulate it to resource agencies; have staff provide copies of the ordinances of the 16 cities to council members; ask architects’ models be brought to City Hall; have council members submit ideas and revisions; and for the planning director to prepare a report and draft ordinance to be reviewed by the city attorney and placed on the council agenda. Motion was seconded by Van Horn, passed unanimously, Keller adding “reluctantly.”

Thankest thee

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We wish to express our appreciation to the Malibu council for their “extraordinary matching grant” of $75,000 toward the Inaugural Season of Malibu Stage. It resoundingly reaffirms the city’s desire to establish a first-class professional theater in the community. We are honored to be supported both by the culturally enlightened members of the City Council and a local populace which clearly believes theater is every bit as important as road repair, water drainage, spotted owls or monarch butterflies. We are now eagerly awaiting the arrival of those other enlightened individuals who will rapidly help us match this grant.

lCharles Marowitz,

artistic director

We’ll miss you, Art

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Arnold, at a chance encounter [recently] you asked why I have not for some time now submitted a letter to the editor. This letter will explain my reasons. Until recently, I have given you a certain amount of respect for your practice of printing without editing all letters, however critical of you or anyone else. But I see clearly now that your respect for First Amendment protected freedoms is limited by whose freedoms are being trampled.

I refer, of course, to your lack of interest in, utter disdain for, and unconcealed glee respecting what Malibu civic activists are suffering for exercise of their Constitutional rights. The most important harm by far of the ongoing state Fair Political Practices Commission and Malibu City Attorney investigations of 1998 election activities, instigated by your disgruntled losing council candidate, is the chill on political activities, which has already fallen on the community and will grow worse as the ongoing investigations are prolonged to be political ammunition for the April 2000 city election. (How can this involve council persons Van Horn and Keller, who did not run for office in 1998? Arnold, I know you will find a way.)

These investigations threaten citizens in the exercise of First Amendment protected freedoms:

  • to make financial contributions to the organizations for promotion of issue and ideas (slow growth, right to life, gun control, or what have you),
  • to make financial contributions to the campaigns of candidates running for political office,
  • to associate and communicate with like minded friends and neighbors respecting issues, ideas and political candidates, and
  • to engage in such activities in public or in private.

It seems that your interest in protection of First Amendment rights wanes when you perceive a threat to what seem to you to be the rights of your developer friends to develop to the maximum. Your consistently pro-development bias goes way back. You were on the wrong side of the last failed, and then finally successful, cityhood/anti-sewers campaigns (lack of sewers, of course, being the main barrier to massive development). In the more recent past, you tried but failed to rally homeowners against Malibu’s slow growth, environmentally responsible General Plan and Zoning Ordinance with phony “down-zoning” and “won’t be able to rebuild or remodel your house” scare tactics. And now you are at it again, seeking to build a single issue ball fields, parks and playgrounds constituency for the upcoming April 2000 election by trying to paint as anti-kids and anti-young couples those on the City Council who are trying to negotiate a fiscally sound, environmentally protective agreement, providing for acquisition of the land needed for ball fields, parks and playgrounds and allowing the Malibu Bay Company reasonable, community serving development of its property.

Malibu would be best served by two newspapers, each responsible to report the news fully and fairly, while voicing its opinions in clearly labeled editorials. But I believe you have failed in this responsibility. Too often you have used your paper to abuse and vilify those few who have worked unselfishly and tirelessly for the good of the community. Simply put, I do not wish any longer (this letter being a last exception) to contribute in however small a way to the success of your publication and thereby to the real harm you do to Malibu. So adios, Arnold, and do your damnedest — without any help from me.

Art London

All for the birds

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I was saddened to learn that a complaint has been made to the city of Malibu regarding the peacocks that have made their home on Point Dume — more particularly, those that have chosen to live in the tall eucalyptus trees adjacent to my property.

At this time of the year, we who love these birds have learned to live with the mating calls that sometimes enliven the nights — I must confess that I, like most of my neighbors, actually enjoy hearing them call out to one another. It is also a time when these birds tend to wander from one flock to another. “Junior,” who sleeps on the power line in front of my house during the mating season, was one such bird who first arrived literally on my doorstep a couple of years ago. He and a darling little pheasant (both of whom were having a hard time gaining the acceptance of the other birds) would wander through the neighborhood and were thoroughly spoiled by the lucky people they chose to visit.

Although I have lived in Malibu for the past 25 years, I bought my present home on Point Dume in 1993. This house was the first one I saw when I started looking for a place on this side of the Pacific Coast Highway. It was a beautiful spring day when, alone, I went to look at this property. I had been told that no one lived there at the time, and as I wandered behind the house, to enjoy the gorgeous view of the mountains, I startled a small flock of peacocks. It was pure magic, and so unexpected. I was entranced and lost my heart to them then and there. I had not even looked at the house — didn’t care a darn if it was falling down, because I knew I had to live there. I considered my happy discovery as a good omen, and I embraced it.

I actually moved in later in the year, a month after a nasty experience with cancer surgery. I spent hours sitting outside, wrapped in a blanket, trying to sleep off the effects of the chemotherapy, at times full of dread at what was happening to me, but always reassured by the natural beauty which surrounded me, and those wonderful, beautiful birds, who lived their lives about me. It was pure enchantment, and I’m convinced the spell cast on me by these birds may very well have saved my life.

My own personal feelings aside, however, perhaps we should be looking at the larger picture. Could it be that we are now faced with yet another loss to our Malibu way of life that has drawn so many of us to move here over the years? I remember a time when horse lovers could ride the many trails throughout Point Dume. A dear friend of mine intentionally purchased land and built a house on Dume Drive because one such horse trail ran by her property. She told me how privileged she felt to be able to watch these noble animals walk by her home. How little we see of this now, just as we look in vain for the small ranches that welcomed us to observe the rabbits, chickens, ducks, donkeys, what have you, that they maintained so lovingly, and that brought amazement and joy to the faces of our grandchildren. Remember the llamas on Wildlife Road?

Very little remains of those gentle pleasures as tennis courts and pools proliferate, houses become fortress estates, and we are gradually becoming yet another wealthy suburb of greater Los Angeles. Yet it was Malibu’s rural ambience that brought so many of these later arrivals here — as I would venture to guess was the reason why the complainant who prompted me to write this letter felt drawn to Point Dume. We can be sure of one thing — where there is wildlife we have to learn to put up with a little noise. But isn’t it so much nicer than traffic horns and police sirens? And isn’t it so very important to try to hang onto the Malibu we love for as long as we possibly can — not just let it disappear in dribs and drabs as we grow old and our children move away. What about those other kids out there — what will they think of us when they realize the magic has been stolen from them?

I dare to hope that the city will be as concerned as I and many others are to protect what remains of the original Malibu.

Patricia K. Jordan

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