Letter to the Editor: Measure R, More Questions than Answers

Dear Editor,

While attending the debate last night, I heard a lot of general discussion about quality of life and environment and the right to give the residents final say. But probably due to the limited time for each question and response, I didn’t hear a lot of specifics and the proof is always in the detail. I walked away with the following questions and observations:

• Regarding small, local business - would there be a renaissance even with a reasonable rent structure in Malibu? It was the experience of my wife’s store, Malibu Art & Design, that the Price Clubs (now Costcos) and the Amazons are part of a growing corporate economy against which small business has trouble competing. It’s not necessarily the rent structure, even if 70% of the space were made available.

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• Regarding chain stores limited to 10 worldwide. And are franchises included? Would the popular Subway successfully owned by a local resident not be allowed? Would a boutique leather accessory shop in Canada, with 16 stores worldwide but only 2 in the US be banished from Malibu?
• Will “community” benefits still be provided with the amount and use of developable area on each site being already very low – 1/10th of most other coastal communities. With design and usage restrictions, I am reasonably sure special “community uses” (movie theatre, emergency care facility, community garden, Shane’s Park, etc.) would no longer be feasible given the complicated and costly process, participation in the treatment plant, and “affordable” rents.
• Re: septic system use and the Civic Center treatment plant, It’s my understanding that a sizeable portion of the Civic Center treatment plant cost will be borne by the civic center stakeholders who would likely withdraw from this offer/obligation. Will the State Regional Water Quality Control Board agree to another extension, or will the commercial sector close down by November 5, 2015 as currently required if still operating on septic systems? And likewise, will surrounding residential areas including the Colony and Serra Retreat no longer be allowed to remodel their properties or use their septic systems after November 5, 2019?
• Isn’t the existing review process reasonable – an environmental impact report, Planning Commission review, City Council approval, and a code that limits chain retail to 45 percent. If this measure passes, the specific plan would initially go to a public vote and then through the current multi-step process – running the risk of changes requiring a re-vote of the residents. Or, conversely, going through the code required process only to be denied in a public vote and again going through duplicate or triplicate processing and possibly still denied. And will the voting public even understand all the issues?
• With only the remodel of the Lumber Yard adding area since 1988 when the Ralph’s Center came online, the traffic increase would seem to be largely due to increasing beach and tourist traffic. Beach or tourist traffic aside, it doesn’t seem that Malibu’s retail is a strong shopping mecca for the outside community.
• Re: legality of the referendum, it’s my understanding that there is considerable question. Common sense would tell me there will be several law suits. The community of Mammoth was successfully sued by a single developer for $160m and has still not recovered. Malibu’s entire yearly budget is approximately $33m. At a minimum, the city will have to bear their legal fees along with any judgements.
• The last minute exclusion from the referendum was a topic of considerable discussion. One specific center was excluded with its sale following one month later, but no explanation of why such a coincidence?? Was this a friend of the parties sponsoring the referendum – but no specific detail was forthcoming.

Why weren’t these questions asked and answered more thoroughly? It leaves a lot to be pondered before blindly supporting a referendum which could have far reaching and questionable effects. Malibu is not experiencing a period of rampant development as Santa Monica currently is. And the city council, although belatedly, did put controls on chain stores. And with only the Lumber Yard remodel adding rather negligible area since 1988, why plunge into such a shadowy area? It seems there is relatively little to gain and potentially a lot to lose!

Ron Goldman FAIA

Resident & property owner since 1973, and architect on Whole Foods and the Park

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