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Ramirez Canyon residents sue conservancy over use of road

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In another attempt to bring an end to the weddings, parties and garden tours at the Streisand Center for Conservancy Studies, residents of Ramirez Canyon last week filed suit against the Santa Monica Mountains Conservancy over what they say is the Streisand center’s excessive use of private Ramirez Canyon Road.

The Streisand center, created when Barbra Streisand gave the conservancy her former Ramirez Canyon estate, regularly rents out its facilities for catered functions, often for large weddings. The state agency uses the funds from the rental fees to pay for environment-related studies at the center and to maintain the extensive grounds and buildings on the 22-acre estate.

Residents say the caterers and party rental companies making regular deliveries, and the shuttle vans making numerous trips to drop off guests at the functions, amount to an overburdening of the easement on Ramirez Canyon Road that all the property owners in the canyon share. They say the catered functions have brought unbearable noise and traffic to their once-quiet canyon, and they have pursued a variety of strategies for bringing the center’s apparently lucrative rental business to an end.

For their lawsuit, the residents have retained Washington D.C.-based Defenders of Property Rights, a legal foundation that advocates for the rights of private property owners against government encroachment. Nancy Marzulla, an attorney with the foundation, said the Ramirez Canyon Road easement permits only those uses that are consistent with a residential neighborhood. Any commercial uses of the road, she said, must be limited to those associated with owning a home, like by repairmen or gardeners.

“The easement does not entitle any particular owner to use the road beyond normal residential uses,” Marzulla said.

The foundation is seeking an injunction to halt the center’s use of the road for catering trucks and shuttle vans carrying visitors who have parked outside the canyon. Without the catering trucks, and without the visitors, residents hope the weddings and parties will come to an end.

In addition to their lawsuit, residents have also called on the Coastal Commission to demand the conservancy’s compliance with laws regulating commercial activities in the coastal zone. The city of Malibu has also responded to the residents’ complaints by threatening legal action over the catered functions. City Attorney Christi Hogin says they violate local zoning laws.

“The heat is getting hotter for the conservancy, I hope,” said resident Mindy Sheps.

According to public records obtained by Sheps, the center this month is renting out its facilities for a party for 200 people on Oct. 14, and for a wedding for between 150 and 200 guests on Oct. 18. This weekend, a wedding will be held there, and the bride and the groom are expecting 200 guests.

“People are going to freak,” said Sheps.

An attorney for the conservancy could not be reached for comment.

God Bless America

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    I have been to countries

    Where I have seen soldiers

    Walking around

    With guns on their shoulders

    Or places where people

    Looking for favors

    Snitch on their family,

    Friend or their neighbors

    Some people with little

    Constitutional protection

    Have seen their enemies

    Overturn an election

    There are lands where a woman

    Is killed in disgrace

    For going to school

    Or not covering her face

    On returning home

    From my treks through the world

    I’ve thrilled at the sight of our flag unfurled

    My heart was warmed and filled with cheer

    Knowing that it couldn’t happen here.

    Or could it?!!

    Geraldine Forer Spagnoli

    Going to the doggerels

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      In Letters to the Editor in Surfside News on Sept. 24, a piece of infantile doggerel was published that appears to have been scraped off a toilet stall from a public restroom. The letter, entitled, “Poem Polemic,” is written by P. G’Bur, who does not appear to be a registered voter in Malibu. In my opinion, it may well have been written by someone other than the stated author. Using the English language to demean and savage our mayor and others with such statements as “she’ll snatch your first born” and “set fire to your hair” is beyond loathing. Whoever wrote this piece of adolescent prattle has the moral backbone of a chocolate eclair. How does mean-spirited deprecation of our neighbors help our struggle for slow growth, protection of the environment, and prevent PCH from becoming a 27-mile parking lot?

      I ask the question: “Will Carolyn Van Horn, Tom Hasse and Walt Keller repudiate such gutter slander?” I call upon them to renounce this debasing defamation. I find this type of political barbarism beneath the contempt of all of us who have worked so hard in election after election to help Carolyn, Walt and Tom get elected. I will be ashamed if any of our elected leaders stand by and do not denounce this personal slander. If Carolyn, Tom and Walt are silent on this issue, as a diligent supporter of all three, I can only say that their silence will be deafening. I am only reminded of what Joseph Welsh said to Senator McCarthy during the Army hearings in 1954: “Have you no shame?”

      Ken Kearsley

      Shadow boxing in the dark

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        I must have blinked and missed it. Sometime, somewhere, something happened. Mayor Joan House turned into a bad guy, at least according to the Sufside News “letter to the editor” writer named P. G’Bur.

        You might well wonder why it is people get upset by a letter to the editor, particularly from someone no one ever heard of, who doesn’t appear to be a registered voter here in town and, as far as I know, has never participated in anything in Malibu.

        People are upset because they’ve seen it all before and they know what comes next. It starts with a letter to the editor from someone no one seems to know very well or at all, always includes a little character assassination, usually a few marginal lies and a few outright distortions. It always ends up telling you who the newly elected bad guy is and how that person is busy consorting with the evil empire, which is (and you can fill in the blank — the Malibu Bay Company, Pepperdine University, the Kissel Company, The Malibu Times or just some typically generic land rapers/high rise developers who want us to be Miami Beach).

        The attack almost always includes the charge that there is someone behind the scenes manipulating the strings. In this case, the chosen puppet master is Sharon Barovsky, which is sort of an interesting charge. I’ve known Sharon a number of years, and if there is one thing that she isn’t, it’s some behind-the-scenes person. I’ve never known her to be hesitant to tell anyone, straight out, exactly what she thinks, and what she supports and what she opposes. So what’s this all about?

        Why are the political waters of Malibu continuously being polluted and who’s doing it? Go back for a minute and think about the previous enemies of the people.

        First there was Larry Wan, with Sara Wan behind him manipulating the strings. The story was that both were out to sell out to the developers. So what happened? He went on to become a statewide officer of an environmental organization dedicated to protecting the coast, and she became the vice chair of the California Coastal Commission.

        Next it was that land raper, Malibu Bay Company puppet Mike Caggiano, who went into the environmental tourism business in Costa Rica.

        Then it was Jeff Jennings who was the designated pug ugly. A guy who was probably less personally political than anyone who ever sat on this council became the sinister political manipulator and all around environment-hating bad guy.

        Well, this time out, Tom Hasse beat Jeff Jennings. Everything should now be OK. After all, they (Keller-Van Horn-Hasse) supported Barovsky, maybe not with great enthusiasm, but certainly over Jennings. After all, Joan had previously run on a ticket with Walt and Carolyn, so it would be fair to say all were in agreement. So what happened? Why all this sudden nastiness? There is nothing particularly hot on the political agenda right now that I can see.

        I’ll tell you why.

        Normally this garbage doesn’t start until we get within hailing distance of the election booth, which in this case would be the year 2000. But Malibu is changing while America is changing, and I’m fearful for the worst. Usually people get elected, then spend most of their time trying to govern and, at the very end of their term, turn back into a pit bull in anticipation of the election. Not so anymore. Not so in Washington, in Sacramento or, unfortunately, in Malibu. Today it’s one continuous election campaign. There is no longer a rational middle, there is no longer a bipartisan approach to problem solving. It’s all pretending, posturing, attacking and very little problem solving.

        A case in point. The council just spent three hours at the last council meeting fighting over the contract for Charmlee Park. Why so long? Because they don’t trust each other. Because they have no shared vision. Because there are a few people involved in the negotiation who have taken it upon themselves to decide how it all should be, and the rest of us be dammed. And most of all because Walt Keller and Carolyn Van Horn are planning on running a candidate of their choosing against Joan House. They’re beginning the process of softening her up and every issue becomes a battleground for the election.

        Well, I’m issuing a challenge to P. G’Bur and all of his or her ilk. Come out of the shadows. Show yourself. If you want to attack someone, go ahead, but we want to interview you. Who are you? What have you done in your life? Why should we give you any credence? Why do you attack anonymously?

        We’re looking forward to meeting you.

        Court of last appeal?

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          The following letter was sent to Governor Wilson

          I am a resident of Malibu and currently serve on the Board of Directors for the Malibu Road Home Owners’ Association. I am writing this letter in hopes of expediting the repairs with regard to the current road conditions of Pacific Coast Highway.

          It appears as though CalTrans has misled the business owners and residents in Malibu in claiming three lanes would be available during peak traffic times. Although this would not completely alleviate the problem, it would help to ease the traffic flow during peak hours. This has never come to pass.

          Being a home owner and resident in this area, these land closures are a constant challenge during commute hours. However, the problem is much more complex than just an inconvenience to people within the community.The economic future of Malibu and the safety of its residents are truly in jeopardy unless something is done.

          This persistent traffic problem is causing a severe economic impact on the businesses in Malibu. Many of them are struggling through the usually busy summer months and will not be able to endure the winter rains and added road problems. As you are aware, Malibu is notorious for mud slides and flooding in the winter and firestorms in the fall. If we had a fire like those we have experienced twice in the last five years, the results would be disastrous. Since PCH is the major artery in this area, residents would not be able to escape and emergency crews would be unable to get in. Since Malibu does not have its own hospital or 24-hour emergency care facility, the current situation for handling medical emergencies is simply unacceptable.

          As a community, we are asking you to utilize your power as our Governor to open at least a third lane on Pacific Coast Highway. The problems on this transportation route impact the entire state through the loss of sales tax revenue generated by the Malibu business community. We fear the continued closure of these lanes will cause great economic peril and a potential loss of life due to the lack of an escape route.

          Thank you for your prompt attention and response to this matter.

          Cindy Schofield

          Pretending it’s the big one

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          A simulated earthquake Friday tested the city government’s ability to handle a catastrophic disaster, and there was general agreement among those participating that much more training is required before Malibu is adequately prepared.

          The earth began to shake, in everyone’s imagination, around noon, with the quake’s epicenter in Long Beach along the Inglewood-Newport fault. A make-believe area 100 miles long and 30 miles wide was affected.

          Volunteers called City Hall with all kinds of anticipated emergencies. Everything from loved ones lost and houses collapsed to gas leaks and roads blocked. The imagined mayhem outside was matched by real chaos inside the City Hall conference room, which was converted into an emergency operations center.

          City staffers, sheriff’s deputies, firefighters and American Red Cross representatives filled the center. Each group was talking at the same time. Phones were constantly ringing. People had to shout when making general announcements. All the while, runners brought reports of the latest emergencies.

          Many of the reports, written out by volunteers answering phones down the hall, made no sense to city staffers. “They’re not writing clearly enough and not asking the right questions,” said city Administrative Clerk Nancy Steiner. Looking over one report, Kim Collins, project manager for Public Works, said in exasperation, “I know it’s a fire, but God knows where.”

          Emergencies were updated on a board so everyone in the room could keep track of the latest developments: “1:30 — Rush on Heathercliff market,” “1:50 — Oil tanker on fire — 4-6 miles out to sea,” “2:00 BLDNG COLLAPSE — SEADRIFT COVE.” Throughout the mock disaster, a television in the center broadcast live footage of Hurricane Georges ripping through Florida.

          By 2:30 p.m., City Manager Harry Peacock admitted, “We’re overwhelmed,” and he officially declared a state of emergency, whereby “mutual aid” is requested from outlying areas.

          In a real earthquake, Peacock said, no phones would be working because power lines would be down. The center would receive information from police, firefighters, sheriffs and residents with HAM radios and walkie-talkies.

          The American Red Cross would care for residents forced to flee their homes. “At this point, we would have been activating a shelter, picking a location — either on Bluffs Park, the Community Center in Point Dume or the high school — depending on what’s going on,” said Red Cross representative Ted Ravinett.

          With Malibu located along the coast, there would be a danger of a tsunami, or tidal wave, and soon the following update was posted, “2:50 — HIGH SURF — HOUSES IN OCEAN — Monte Nido.” Peacock used his God-like powers to pull the plug on the earthquake at 3 p.m.

          The most important information during a real emergency, according to Peacock, is a “damage assessment in the field. We’re lucky. We have an entire fire and sheriff’s department at our disposal. Our biggest problem is a lack of public works people.”

          After the quake was called off, city accounting technician Erik Porter complained, “This was much more chaos than actual training.” It was decided that next time, phone data would be collected with more precision. Also, there would be updates on what rescue equipment remained available, because “There was no tracking of what resources are used up,” explained Collins.

          Instead of playing out an entire emergency situation, some staffers preferred to hold small, focused training sessions in the future. “We had no idea what we were on top of and what we weren’t on top of,” said Planning Director Craig Ewing. He hoped next time we rehearse in slow motion.”

          Other staffers thought the fast and furious pace was beneficial, being more true to life. “We’re learning from all of this . . . That is why we have drills,” said City Engineer Rick Morgan.

          Peacock sensed among the city staff “frustration at not feeling more confident at what we have to accomplish,” he said. “We’ve got a long ways to go.”

          Speeding to doomsville

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            I have been living in Monte Nido now for about a year and a half.

            During that time there have been three traffic fatalities in Malibu

            Canyon that I know of. Does anyone know the actual number of

            people who have died on this road? Something tells me the real

            number might deter me from ever using the road again.

            Since moving into the canyon, I have become a huge fan of the speed

            limit. Sometimes I feel like a turtle crawling through the canyon at a

            feeble 45-50 mph. I politely use the turnouts to allow people to

            resume their average speed of 60-70 mph. I have seen cars coming

            at me in the wrong lane around blind turns more times than I can

            count on my fingers and my toes. I have seen a woman in a Range

            Rover with a child in a car seat cross the double yellow line heading

            into the tunnel because she couldn’t tolerate me moving only 50

            mph. I’ve seen teens in Mustangs, men in Mercedes on cell phones,

            all screaming toward oncoming oblivion, just to shave a minute off

            the canyon.

            It is not legal to pass between Piuma and PCH on Malibu Canyon. The

            heck with legal, it’s not SAFE. In fact, it’s insane.

            I recently had a conversation with a CHP officer patrolling the

            canyon. He is tired of cleaning fatalities off the road up here. I won’t

            repeat the conversation at this time, but know this. . .

            Crossing the double yellow line to pass on a curve or bridge with

            oncoming traffic in sight will more than likely buy you a Reckless

            Driving charge. A Reckless Driving conviction means JAIL time.

            Happy motoring.

            C. Kaller

            P.S. I’m not the lady in the Crown Victoria. I’m the guy in the red

            Porsche.

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