Peafowl Proponents Present Petition to City Council

• Members Actually Have Time to Address Other Key Municipal Matters As Well

BY BILL KOENEKER

A contingent of bird lovers came to Malibu City Council chambers this week to reinforce their stance on the municipality’s wildlife policy of leaving nature’s creatures alone.

It was the first time the council had an opportunity to speak since the matter escalated to the Los Angeles County District Attorney’s office and the department of animal care and control’s after an unsuccessful attempt to have the wild peafowl of Point Dume removed.

Some speakers questioned council members about the recurring incidents in which new residents complain and some sort of action is attempted.

“I thought this was resolved,” said Charlene Kabrin, who had been the target of bird removal attempts in 1999 and 2005. The peafowl are considered wild and the most recent incident involved the DA’s office, which had recommended removal of the feral birds after a nearby couple complained about the noise of their mating.

“I am absolutely bewildered by the [speakers’] comments,” said Councilmember Sharon Barovsky. “We are absolutely in support of leaving the peacocks alone.”

Point Dume resident Mari Stanley said she thought it was procedural and that the Enricos, who filed the complaint and have since been vilified by a segment of the community, may have been given inappropriate information.

Stanley said she was referring to the city’s animal noise complaint form, in which the complainant is directed to address issues directly to the city’s supervisor in the planning department, Gail Sumpter.

The form states most complaints are resolved by the intervention of the Sheriff or Animal Control and if not the matter is referred to the DA’s office.

The form recommends that a log be kept and additional evidence be gathered, including audio or videotapes.

Council members turned to City Attorney Christi Hogin for an explanation. Hogin, who acknowledged that the animal control department works for the city under contract, said it was in the best interest of the city to utilize municipal staffers as “gatekeepers” to handle such incidents.

Hogin also acknowledged that while various incidents have been handled differently “every other year when the mating season arrives,” there has been no change in the city’s policies for considering the birds wild.

“The [municipal] staff is most informed. We consider them the gatekeepers. It is to the city’s benefit,” she said.

Councilmember Ken Kearsley had a different take on the peafowl, reminding the audience that the birds may be feral, but are not native to Malibu or Southern Caifornia.

Kearsley said the feral birds compete for terrain and food sources with the native birds, with the native population generally losing out.

“It is a double-edged sword. We lose other animals, including songbirds,” added Kearsley, who pointed to the flock of crows in his neighborhood as culprits in ridding the area of native songbirds. He said the peafowl could also replace raptors.

Councilmember Pamela Conley Ulich, who is a Point Dume resident, said the city has tried to protect the birds. “The peacock problem is not one to lose sleep over, but I know you will,” she added.

MALIBU TOW YARD

In other action, some of the same individuals and others pleaded with the council to do something about the removal of the Malibu towing yard from its current location on Malibu Road on acreage planned for a residential subdivision.

Both employees and others insisted the city should do something to prevent the tow yard from having to leave the Malibu area.

The city is currently considering an application that would remove the tow yard and demolish all of the buildings on the acreage to make way for the small gated subdivision planned by the new property owner.

Council members said they sympathized with the dilemma of the tow yard operators and the inconvenience it might represent for others.

However, Kearsley said it was pure economics and was a problem encountered by other coastal cities where the price of land called for “higher uses of the land.” He said the problem is encountered by many other coastal cities in Southern California.

“I agree we are going to lose a vital service. It is going to take a lot more time,” he added.

Mayor Jeff Jennings talked about how the problem also evolved from the early days of cityhood, when the General Plan process was underway and any industrial zoning was shunned. “Nobody would want light industrial zoning near them,” he said.

Kearsley agreed about the NIMBY factor saying even if the city could accommodate zoning for industrial use somewhere else along the Pacific Coast Highway corridor nobody would want the tow yard next to their neighborhood.

Councilmember Andy Stern asked if service station sites whether opened or closed would qualify for towing operations and was told yes