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City wants conditions on approval of Pepperdine project

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Trying to limit environmental impacts of Pepperdine University’s Upper Campus Development, the city of Malibu last month urged the County of Los Angeles Regional Planning Commission to impose certain conditions on its approval of the project.

Relaying a city council resolution adopted Oct. 26, City Councilwoman Carolyn Van Horn and Planning Director Craig Ewing urged the county planning commissioners on Oct. 28 to have Pepperdine:

  • Reduce the size and scope of the project. Under this reduced expansion alternative of the university’s Draft Environmental Impact Report, the campus’s grading envelope would be reduced by 59.5 percent and the building pad area would be reduced by 61 percent.
  • Deed-restrict the remainder of the campus as open space.
  • Donate land or money to the city for a private land trust in the Civic Center area.
  • Provide a shuttle bus program, including a Park-n-Ride lot near the Malibu Canyon Road/Highway 101 intersection.
  • Provide funding to the Los Angeles County Sheriff’s Department to supply an an additional three shifts of traffic patrol.

City Manager Harry Peacock told The Malibu Times last week the city was asking the university, “What can you do, if you can’t mitigate?”

The university “ought to be part of the solution” noted Peacock. It owns nine acres behind City Hall and has an obligation to preserve open space in the vicinity of the campus. It also should pay its fair share to regulate the traffic burden, he said.

In September, Pepperdine officials and their consultants made their presentation to the five-member county commission. The basis of their argument was that the upper campus was part of a Long Range Development Plan approved by the county Board of Supervisors in 1987 and the California Coastal Commission in 1990, and that the completed project would enhance Pepperdine’s graduate programs and augment its reputation and service to its students.

Another county planning commission hearing is set for Dec. 9. At that time, the university will answer any additional questions from the commission and offer rebuttal to opposition arguments.

A model solution

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Valerie Sklarevsky and Ed Niles are two of Malibu’s visionaries. Last week, there was a confrontation between the activist and the architect. Coming from opposite ends of a development issue, surely one of the most significant for Malibu’s future, I would like to propose that this unfortunate event quickly be switched to a positive track. Here’s an idea.

Valerie, I do not condone your destructive act. However, you accepted responsibility and you offered yourself to arrest. You used the law to bring attention to your cause. You need not apologize for your action, but you should offer to pay for the damage you caused. You have engendered the outrage of many in the community and, in the future, I would suggest that you offer a constructive alternative rather than trashing someone else’s property.

Ed, I hope that you can accept payment from Valerie for $2,500 — or whatever the amount turns out to be — and immediately return it to her that she can pay to have a model or a rendering made (or start a fund to raise more money from supports, if necessary) that can depict her vision of what the area could look like. Further, I would hope that you would display this vision alongside yours, and any others that might be offered. You were off to a good start educating the citizens of Malibu. The more public presentations, such as you have already put on, the better. This is such an important issue that each and every person who lives here should be able to make a choice that will be heard and counted.

Engendering divisiveness among the governed is a classical ploy and should not be used in Malibu. The bias and inability to negotiate compromise of our elected leaders has turned off many talented, hard-working and caring people. Others, sadly, have not yet become involved, although their futures will be significantly impacted by the outcome. Our community is blessed to have the participation of Valerie and Ed. Now they have an opportunity to create a positive, pro-active plan to involve the entire population in the decision making process. Think of yourselves as two professional boxers who have fought it out for 12 or 15 rounds. At the end, you embrace each other out of respect for your opponent’s great effort. In our case, you leave as individual people who honor each other’s ideas, and who can differ on issues but still be good neighbors. Carpe diem.

Dick Lowe

A cut above

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Sculptor and sculpting teacher Robert Cunningham is the creator of a marble bust, or rather a series of busts, on exhibit at the Getty Museum. The model was his father. “They wanted a series, from the beginning to the finished product,” he says, “to demonstrate the marble-carving process.” The works include a 9-inch clay head, a full-sized clay head and three marble busts showing the beginning, middle and final stages of cutting. They are displayed at the information center of the West Pavilion, where 18th and 19th century art is housed.

“I wanted to do a face with character in it and something with clothing. My father always flipped his collar up,” he says. The pieces have much of 18th and 19th century artistry in them.

He worked on them part-time at the Getty and part-time at his studio. At the Getty, he says, “People could watch. Very seldom was there an idle moment. I was talking as I was carving. People would take marble chips with them. Once in a while, I would let people peck at it.

“You worry about it,” he says. “Is it good enough? Is it really finished? Could I do more here?”

Cunningham is presenting an exhibit of his students’ works at his Culver City studio Dec. 5 and 6. He estimates the show will include at least 150 pieces by 50 different sculptors, “all different sizes, all different styles, from kitch to advanced.”

Cunningham also teaches at Santa Monica College, but the exhibit is from his Methods and Materials class and from his Figure Modeling class at his studio. He says the majority of students exhibiting have also exhibited in galleries and shows.

How does one know which to admire, which to buy? “Generally, you’re buying art to enhance your life,” he advises. “If you’re not, you should be. Art as an investment isn’t always a good thing.

“The person may be uninformed or naive,” he continues, “but they still have an initial response. Whether that response is enhanced by education, sensitivity, experience, they still have that initial response.”

People buy “names,” he suggests, because they don’t trust their own judgment.

What is the creative process for a sculpting student? “Most students visualize the piece. They have an idea and they can get it out in some form. Once in a while, they try, for example, to make the letter A and it comes out in a squiggle.”

Even he must find a creative impulse. “Sometimes I’m just pushing clay around,” he says, “just getting the movement. The proportions have no significance to me until after the image starts emerging.”

He enjoys the teaching process. “This has given me an opportunity to learn about people. Otherwise, I would be holed up in a studio.”

Robert Cunningham Sculpture Studio presents the 1998 Sculpture Exhibition, Dec. 5 and 6, 11 a.m. to 5 p.m., 11847 Teale Street, Culver City.

Telephone: 397-2697;

Website: www.robertcunninghamstudio.com;

E-mail: bcunningham@netwood.net

Standard Time "Malibu"

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Now the beaches won’t be crowded,

Nor the Highway running full.

The tides will reach to their extremes,

Because of lunar pull.

The Northwind will be coming soon,

With clear skies most everyday;

And maybe too, the rain is due,

With storm clouds out to play.

We can wear the leather jackets,

And the coats and sweaters too;

And other warm and wooley things,

Hiding in the closet too.

And Nature will be resting —

Nor more fertilizing trees;

But I miss the happy bird songs

And the humming of the Bees.

But it is a time of doing —

Things inside that needs be done;

Perhaps I can catch up on typing,

The past Poems that have come.

And in between these things to do,

I shall walk the empty beach;

And enjoy the special quiet times,

That “Standard Time” will teach.

And yet, I still look forward,

To the long days and short nights;

When Spring returns with “Daylight Time,”

In the middle of the night.

H. Emmett Finch

November 26, 1998

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What was the question?

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PARCS President Kristin Reynolds only scratched the surface when she described the recent city-sponsored survey as “very confusing.” The wording of individual questions was incredibly complex and convoluted; as a respondent, I found the vast majority of them difficult (if not impossible) to follow. The survey was apparently designed to explore several key issues which will have a real impact on our community — everything from city parks and recreation to additional development near the Civic Center. Unfortunately, the questionnaire was so poorly conceived, designed, and administered that it undermines the validity of the data.

As the owner of a market research firm, I’m embarrassed to admit that the survey was so difficult that I soon gave up trying to give any real answers: midway through, I started giving the same response over and over again just to get the interviewer off the phone. At least one local resident was reportedly interviewed twice. Unfortunately, in the survey business it’s “garbage in, garbage out” — if you don’t get good data from your respondents, if you present them with a survey they can’t follow, you jeopardize the accuracy of your findings.

If Malibu City Manager Harry Peacock plans to use this survey to determine “how much money people would be willing to spend to solve this problem,” he should be especially careful when he reviews the results. Councilman Harry Barovsky may want to know “how the community feels about acquiring more lands . . .and how they want to go about it,” but the manner in which this survey was conducted may not accurately reflect that.

At the very least, all of the decision makers involved in this project should have someone read the survey aloud to them, to determine for themselves exactly what kind of a survey we 400 respondents were presented with. As Ms. Reynolds aptly states, “It’s different when you read a survey and when you hear it over the phone. It’s a whole different animal.” If anyone involved in this project understood this fact, it certainly didn’t show.

Scott Tallal, president

Advanced Research Services

Subcommittee recommends Falcon-TCI agreement

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In a preview of the city’s negotiating position when it decides whether to renew Falcon cable television’s franchise in February 2000, and alluding to what might be a controversial budget item, the Malibu City Council Telecom-munications Subcommittee last week recommended the City Council approve an agreement transferring Falcon’s ownership to Tele-Communications, Inc. (TCI).

Hailing them as a model of community access guidelines, subcommittee members Harry Barovsky and Tom Hasse also approved proposed recommendations for clarifying use of public access, educational and government (PEG) channels to be provided by Falcon under the terms of the transfer agreement. The PEG recommendations are to be voted on by the City Council at its Dec. 14 meeting.

The transfer agreement and PEG recommendations were presented to the subcommittee and City Manager Harry Peacock by the city’s telecommunications consultant Susan Herman. Peacock said that the transfer agreement and PEG guidelines, along with community input in early 1999, would be the basis of the city’s “talking points” in the franchise renewal negotiations.

The transfer agreement stipulates:

  • No later than Feb. 1, 1999, Falcon is to designate Channel 15 exclusively for government use. Falcon is to give the city $30,000 for equipment and training for the government channel.
  • By April 1, Falcon is to provide a separate public access channel on the basic service price tier.
  • By Dec. 31, Falcon will pay the city up to $50,000 for all technical consultant and third-party costs incurred by the city in reviewing the transfer agreement. Falcon will not pass through those costs to subscribers.

Responding to Sam and Nidia Birenbaum’s contention that Falcon owes the city $1,800,000 in damages for not providing the equipment and training required under the current franchise agreement, Hasse noted that the Community Services portion of the city budget for June 30, 1998 through June 30, 2000 includes approximately $170,000 for the city to establish and equip a television studio, set up training programs and manage community access television for the city. Funding for the program would come from 40 percent of the city’s cable franchise revenue (estimated at $170,000 for fiscal 1999) and a $0.67 per month cable bill surcharge for each cable subscriber, the budget item says.

Herman said the transfer agreement does not preclude the city being compensated for breach of the franchise agreement.

For subscribers like Dr. Werner Koenig, who told the subcommittee about being overcharged by Falcon for years, the transfer agreement requires Falcon to give the city quarterly complaint records. Falcon will also give the city outage records quarterly. Herman described the PEG recommendations as an interim solution to the long-standing dispute between the city and Falcon about Falcon having passed PEG programming charges through to subscribers. The recommendations are:

  • Falcon shall broadcast on the public access channel a list of production personnel and equipment available to local access producers.
  • If local access producers have Falcon produce the program, none of the production costs shall be passed through to subscribers.
  • On the other hand, if the city asks Falcon to produce a show, Falcon can either provide the service at no cost to the city or bill the city for the costs. If the city is billed, it can pay Falcon directly or credit the costs against Falcon’s next franchise fee payment.

Pier may reopen next fall

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Code enforcement and building safety were at the top of the Mayor’s Breakfast menu at City Hall Friday. However, the restoration of Malibu Pier topped the morning with good news. City Manager Harry Peacock told the gathering of local officials and members of the community the state is proposing to rehabilitate the pier and open it to the public by September. “They have enough money to redo the main deck and structure of the pier.” Peacock added that construction is set to begin in February. Cost of the restoration and repair for basic public use is at $900,000.

Initially, people will be able to enjoy the view and fish from the pier. Plans for commerce to take place again there may be a little further away. Peacock said the city is working on coming up with the “agreements, arrangements and money to reopen businesses there.” The pier formerly housed Alice’s Restaurant, a day-fishing boat, a bait and tackle shop, code enforcement and launching for small boats.

Other issues facing Malibu regarding building safety, environmental concern, permits, and complaints were also addressed at the breakfast meeting.

Building and Safety Official Vic Peterson said, “Last year we issued 1,800 new permits in the amount of $1,393,000.” Many of those jobs required multiple permits. He pointed out that people are choosing to add on to pre-existing structures rather than build new ones in Malibu, claiming the area is running out of appropriate space for new construction. According to Peterson, new construction for Malibu last year was in the neighborhood of 1 percent to 2 percent or 67 new homes.

Peterson seemed eager to point out that the building regulation portion of the Environmental Safety Department is funded entirely off its permits. The staff he supervises numbers 11. “For a small city, it’s a big crew,” he said, “but so is the job.”

Code enforcement was also addressed by the group relative to complaints of everything from dogs off the leash to cars parked on front lawns. City officials are hoping to promote voluntary compliance. “What helps develop and maintain a city’s personality is the level of code enforcement by that city,” Peterson said. “The community can decide that everybody’s got to have a green front door,” if it chooses. In Malibu, however, inspectors would be pleased to see corrective behavior modification and cooperative compliance of city ordinances among the citizens.