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Commission gets hot, then frosty

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Charleen Kabrin’s tenure as chair of the Planning Commission went out with a bang Monday when, once again, sparks flew between her and fellow Commissioner Ken Kearsley.

In her final comments as chair, and just before Jo Ruggles took over as the newly elected head of the commission, Kabrin criticized Kearsley and Commissioner Ed Lipnick for airing their views on the proposed hillside housing ordinance in letters to the local newspapers.

Kabrin said she thought that any discussions by commission members on matters before them should take place only at commission meetings.

“This table is the place where everything is discussed and deliberated and responded to,” she said.

Taking the discussion to the media, Kabrin said, could “politicize” an issue and consequently interfere with the commissioners doing their job.

“We benefit by full discussions from all sides,” she said. “And to do anything that precludes that isn’t conducive to us doing our best work.”

Kearsley twice asked to respond to her comments, but Kabrin turned down his requests, saying the commissioner-comment period was over, and that she was just expressing an opinion.

“I like to express opinions, too,” Kearsley said.

He then accused Kabrin of saying something that was not true in her comments, and to that, Kabrin relented, and permitted Kearsley to respond.

Kearsley cited the First Amendment and his right to inform Malibu residents about commission decisions.

“My problem is that the public does have a right to know what is going on, and we have to get the information out,” he said. “And the only way I know is to either mail a letter to every person or write a letter to the editor.”

Kabrin broke into his remarks, saying that the commission had not made final decisions on the proposed hillside ordinance and that it was still in the drafting stage.

“I still have the floor,” Kearsley shot back. Then, apparently referring to the last commission meeting when Kabrin cut off his remarks, he jeered, “Are you going to gavel me down again? Are you going to gavel me down again?”

At that point Commissioner Andrew Stern jumped in to bring the escalating discussion to a close, and he reminded Kearsley that Kabrin had closed the commissioner-comment period.

“I made some comments as a chair leaving office, and that’s all that is,” she said.

The commission, on Stern’s motion, then moved to elect Ruggles as the new chair. Ruggles then returned the favor, nominating freshman-member Stern as vice chair, to which he was unanimously elected.

Apparently in the holiday spirit, the commission then tacked on a Christmas bonus to Michael Osterman’s application for a conditional use permit to sell wine and beer at his Pacific Coast Greens market.

The planning staff recommended that the commission approve the permit to sell organic wine and beer, but only on condition that Osterman sell it at room temperature, to prevent immediate consumption.

After singing the praises of the health food store, the commission granted him the right to sell chilled wine and beer, even though Osterman did not ask for permission to do so. Commission members said it was unfair to not permit him to sell a cold one.

Ruggles said if she was stocking up for a party, she would appreciate the convenience of chilled wine and beer being available at the market.

“I would want the beer I was bringing home to already be cold,” she said.

Ramirez residents to appeal

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It’s not over yet according to neighbors along Ramirez Canyon Road. Mindy Sheps, chairwoman of the Ramirez Canyon Preservation Trust, said the group will file an appeal before Christmas in the hopes of reversing the recent Superior Court ruling that permits the Streisand Center to continue functioning as a facility for catered events. “The judge’s ruling did not address the overburdening of Ramirez Canyon Road by the conservancy, the continuing trespass by the conservancy or the nuisance caused by the conservancy’s overuse of Ramirez Canyon Road,” Sheps said.

Last month the neighbors attempted to get a court ruling to stop the Santa Monica Mountains Conservancy, which operates the Streisand Center, from continuing to hold crowd-gathering events that reportedly cause congestion and a potential traffic hazard to the neighborhood. Superior Court Judge Stanley Weisberg, after hearing arguments for both sides, re-asserted the essential content of his tentative ruling, finding sovereign immunity on behalf of the conservancy. While the ruling states the conservancy is not subject to local governmental restriction, Sheps pointed out, “We still maintain that since catering should not be considered a governmental function, that the commercial activities of the conservancy must be subject to local zoning.”

The neighborhood group says the conservancy is conducting commercial activity rather than its assigned environmental programs at the center. The conservancy says the alleged commercial activity is in actuality a function of fund raising and no different than what takes place at the Adamson House further down PCH. Sheps claims there is a difference. “Guests have access off of PCH to the Adamson House,” Sheps said, “and these guests, therefore, do not cause a burden on a small private road and a private community.”

The neighbors have been in an ongoing battle to stop activities at the center practically since it was first given to the state by Barbra Streisand nearly five years ago. Sheps said the group would not be so determined to keep the issues alive if the conservancy could offer some alternate route into the center, which sits at the back end of the road.

Until then, there may be no end in sight to the neighborhood’s attempt to alleviate the situation.

December 10, 1998

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Sentiment vs. sediment

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The unnecessary filing of a lawsuit against Valerie Sklarevsky by the Malibu Bay Co. was a heavy handed and mean spirited reaction to the largely symbolic protest of a well-liked local environmentalist and shows how insensitive developers can be to local sentiment.

The law firm representing the Bay Co. testified in Santa Monica court last week that the employees and the general public were endangered by Valerie Sklarevsky. Nothing could be further from the truth. In fact the opposite is true. Valerie wouldn’t harm a fly but she will stand up courageously for what she believes in and I have known her to only work tirelessly and selflessly in the service of others. The local public is at far greater risk of endangerment from the Bay Co. as they attempt to impose their development plan based on their financial goals.

Clearly the local population would prefer to maintain and enhance the quality of life here based on values other than materialism. Valerie’s action has reminded me that it is up to us.

Cori Lowe

Water ways

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The last word (?). The high performance fiberglass racing sailplanes are designed to carry water in their wings for high speed distance flights. Depending on the type of Sailplane, they can carry up to 350 pounds of water in the wings, so accuracy is important.

One gallon of water weighs 8.3453 pounds.

Anna Hutchinson

Constructio ad absurdum

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In response to Kay Patterson’ s letter of Nov. 19 regarding the sounds of construction on Saturday we have the following questions and comments:

She complains of hammering, “drill saws” and electric sanders. Is she also complaining about lawn mowers, tree trimmers and shredders? Is it only the sounds of construction that are bad or is it all sounds? How about vacuum cleaners, hair dryers and blenders? Or television sets, tape and compact disc players? Try crashing waves, automobiles, motorcycles? Or babies crying, children laughing, dogs barking, birds singing?

While it is true one of the reasons many of us choose to live in Malibu is the relative peace and quiet, another reason is the relative freedom from unnecessary restrictions of our activities.

Can our children build a tree house, a dog house, a bird house, a doll house? If we help is the work banned from Saturday? Most children go to school Monday through Friday. If we can’t teach our children how to make the things they want, how will they learn? Who will be the workmen of the future?

We do not ordinarily schedule construction work on Saturday, but we, like many other homeowners, do like being able to make a repair to our own homes on Saturday. We assume the proposed Saturday construction ban would be universal, that is, no one could hammer, drill, saw or sand anything after Ms. Patterson has worked in town all week.

What about the homeowner who needs a repair or replacement. If he can’t do it himself on Saturday under the proposed ordinance, does he have to take a day off from his job to do it Monday through Friday? Or hire someone to do it for him while he is away? Is it allowed to talk about construction on Saturday? Can materials be delivered on Saturday while he is at home to receive them?

Could quiet construction work be done Saturday? Could someone use a screwdriver instead of a hammer? Could hand sanding be done? Painting? Wallpapering? Curtain making? Who will police this? How?

If you break a window playing catch with your son on Saturday morning and it starts to rain Saturday afternoon should you wait until Monday to repair it? Maybe there will be exceptions for emergencies. Where will they begin and end? What about disasters?

Many volunteer projects in the community were constructed at least in part on Saturdays, at Bluffs Park, Malibu High School, Cameron Park at the Community Center, the Memorial Garden at Juan Cabrillo, and Poets Park at Webster School.

Occasionally work on a construction project is delayed because of weather or needs to be completed before rain starts. Then work does need to be done on Saturday. We like being able to do that if it becomes necessary. And if homeowners request it and we agree it is the best choice, then we expect the homeowners to apologize or explain the circumstances to their neighbors.

Perhaps Ms. Patterson’s neighbor also works in town all week, is building his own home and can only work on it on Saturday. Whatever the problem it is a problem for those two people to work out, not one that needs to be solved by a city wide ordinance imposing restrictions most people do not want.

Or perhaps Ms. Patterson should move to some “other community, such as Beverly Hills or Laguna Beach” which “do not allow any type of construction on the weekends.”

We agree that “this is exactly the sort of decision that will directly affect us all.” The city council is scheduled to act on this issue on Monday, Dec. 14.

Board of directors and 50 members,

Malibu Association of Contractors

Venice Pier

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(Be a nonconformist for a day)

If you’re sitting around being bored on a Sunday

And not really looking forward to Monday

Put on your sandals and be of good cheer

Just take a walk by the Venice Pier

You’ll see girls with bare asses

Dogs wearing sun glasses

A lady quite weighty hula-hooping at eighty

Girls getting hustled by fellows much muscled

A kid selling roses, a man dressed like Moses

Guys doing flips with rings through their noses

Then sit yourself down at a sidewalk cafe

And while you’re sipping a Cafe au Lait

Reflect on what you’ve seen and heard

Unwind, relax and enjoy the absurd

Geraldine Forer Spagnoli

Just too energetic

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It seems that the “Era of Civility,” if there ever was one, has formally come to an end in Malibu. I am speaking of the mud throwing on a model of a building proposal that was created for the Malibu Bay Company by world renowned architect Ed Niles.

Self proclaimed local activist Valerie Sklarevsky, supported by Martin Sheen, Marcia Hanscom — local Sierra Club leader and Wetlands Action Network executive director — feel that they have the self-appointed right to come on to anyone’s property who is proposing to do something that they disagree with and vandalize it. They also seem to think that this is an action that should be applauded because the owner of the property is a developer.

I too have been an activist in the community for over 20 years. I take part in the process, write letters, lobby for my point of view and get downright sarcastic in letters to the editor (in order to raise public awareness). But I have never damaged anyone’s property, taken down political signs (no matter how tempted) or trespassed on someone else’s property. I disagree with people but I try to respect their rights as I would like to have mine respected.

The term activist: as defined by my dictionary is the following: “One who believes in a policy of definite energetic action.”

I really wonder about the mind set of these activists who are so arrogant, egotistical, self appointed and self anointed in their views that no one else is allowed to have another view other than theirs.

This type of discrimination reminds me of a group of “Brown Shirts” that existed in Germany about 60 years ago!

Tom Bates