Property owner sees conflict of interest and uneven enforcement of view protection

The first part of a lawsuit threatening the right of the Castellammare Mesa Home Owners, Inc. to enforce its conditions, covenants and restrictions (CC&Rs) ended last month in the association’s favor. Judge Gregory Alarcon of L.A. County Superior Court ruled that the homeowners’ association ‘properly and effectively extended’ its CC&Rs from 1964 until January 1, 2019. However, the suit sets the stage for another property fight’-and potential legal dispute: whether the homeowners’ association will consider Mir Saied Kashani’s plans to build a three-story, 7,000-square-foot house on Tramonto Drive an ‘unreasonable interference’ of his neighbors’ views. ‘We’re trying to ensure that he goes through the process,’ Board member David Morena told the Palisadian-Post. ‘If you got an empty lot next to you, you should expect some loss of view. What the CC&Rs say is to not unreasonably obstruct someone’s view. There’s definitely a subjective element to it. Part of it is whether the construction will materially change the value of a house.’ Kashani bought an empty, cliff-side lot on a half acre with nearly 180-degree views of the Pacific Ocean in Castellammare, a CC&R-protected community, for under $900,000 in 2004. His plans’-first submitted to the association in May 2005′-to build his home have rattled his next-door neighbors, who fear that his house will come at the cost of their ocean views. No neighbors have been more worried about his plans than Doreen and Jerry Rochman, whose multi-million-dollar, Frank Israel-designed home at 17630 Tramonto was completed in 2000 and is considered a Westside architectural gem’in no small part due to its sweeping views of Santa Monica Bay. ‘The house was completely designed to take advantage of this view,’ said lawyer Don Franzen, who represents the Rochmans. ‘If we had lost, that CCR process would have ended and [Kashani] could have built whatever he wanted. And it’s our belief that [the house] he wants to build would block their view.’ Because Kashani’s efforts to invalidate the Castellammare homeowners’ association’s legal legitimacy failed in L.A. County Superior Court in late November, his plans will again return to the association and its architectural committee for approval. But Kashani, who represented himself in court, does not expect that he will receive an objective review from the association. And he points to a conflict of interest between the Rochmans and the association, which will ultimately decide what he can build. Both Doreen Rochman and her son Harvey are members of the Castellammare Mesa Home Owners’ board, which elects the architectural committee members who have direct say over Kashani’s building plans. Despite some board members’ concerns over a possible conflict of interest, the board appointed Harvey to head a sub-committee that would ‘manage’ the association’s legal oversight over Kashani’s application, according to court-ordered minutes from the board’s meeting on February 22, 2006. ‘It’s legitimate for [the Rochmans] to protect their rights as homeowners,’ Kashani told the Palisadian-Post. ‘But it’s not fair to exploit their position on the board of directors. The way they should do it’the fair way'[is] the homeowners affected should not be involved in the discussion. We wouldn’t have this problem if we weren’t next door to two members of the board of directors of the homeowners’ association.’ The Rochmans’ board membership also influenced the architectural committees’ plans at the cost of their neighbors who are not on the board, Kashani said. The architectural committee asked Kashani to raise the height of the house’-a change that would potentially obstruct the views of those across-the-street neighbors. The conflict of interest created by the Rochmans’ past involvement on the board, Kashani says, has jeopardized a fair review of his application and also contributed to an aggressive personal attack. Kashani points to a list written by an architectural committee member to the association’s lawyer, John Murdoch, made public by a court order. In the handwritten memo under the heading ‘Kashani,’ the member seeks ‘evidence of [Kashani’s] citizenship’ as well as ‘evidence of [his] right to practice law in [California].’ Another Castellammare resident writing to Judge Gregory Alarcon in favor of the association notes that ‘the residents [of Castellammare], too, are pretty homogeous [sic].’ Kashani is an Iranian-born, U.S. citizen, who received his bachelor’s and law degrees from Harvard University. The Castellammare Home Owners, Inc. rejects Kashani’s arguments that its decisions have been tainted by a conflict of interest. According to the association’s president, Kim Clary, Harvey Rochman’s role ‘was really very limited and was confined essentially to the very early legal stages of the [association’s] lawsuit defense. Clary told the Post, ‘Because the board was sensitive to the perception that the Rochmans may influence the actions of the [architectural committee], the board later excused the Rochmans from all [board] discussions dealing with the Kashani case.’ Clary said that the architectural committee member’s notes regarding Kashani’s immigration status and his ability to practice law in the state were irrelevant to the association’s review of his application. Further, she said, the member’s notes were ‘not as we know, shared with any member of the HOA or the [architectural committee.’ The impact of raising the height of Kashani’s house on the views of Kashani’s neighbors, Clary said, would be understood by installing story poles on the property. She said ‘all of’ the neighbors’ views will be considered. Nearly three years after originally submitting building plans, story poles are now expected to be placed on Kashani’s property. If the architectural committee finds his plans to ‘unreasonably interfere’ with his neighbors’ views, Kashani is expected to file a lawsuit against the homeowners’ association. ——- To contact Staff Writer Max Taves, e-mail reporter@palipost.com or call (310) 454-1321 ext. 28.

Pali Blues Team Debuts on PaliHi

International soccer comes to town Friday night, January 4, when the Beijing women’s team plays the Pali Blues in a friendly competition at Palisades High. This will be the first chance for Palisadians to see their ‘home team’ in its inaugural match on the new all-weather turf field. The match starts at 7 p.m., rain or shine, and admission is free. The Palisades women’s team faces stiff competition against a tough Chinese team, which has won 12 championships since its debut in 1985. Beijing won the National Sports Tournament in 2005 and the Chinese National Championship in 2006. Since the club’s formation, more than 20 players have graduated to the Chinese National team. ‘We are honored for this opportunity to play such a great team from the Chinese professional league,’ Pali Blues head coach Charlie Naimo stated. ‘It will also be great for the community to get a taste of what the Blues are bringing to the Palisades in the future.’ Last season, Naimo coached the Jersey Sky Blue in its first year in the United Soccer League for women (a premiere developmental league). His team finished 12-2-0 in the regular season before losing to the Ottawa Fury in the conference championship semifinal. After being successfully wooed to coach the Pali Blues, Naimo, a New Jersey native, is relocating to the Palisades this month. He feels the game against Beijing will also present an opportunity to analyze some of the players who are pursuing roster spots. ‘This team is going to be exciting,’ said Kenzo Bergeron, Pali Blues director of operations. Kendall Fletcher, a former University of North Carolina standout and member of the FIFA World Youth championship team, was the first player signed. Her team won the 2003 NCAA national championship and she is considered one of America’s top defenders. ‘Fletcher is extremely versatile, and plays with tremendous passion,’ said Naimo, who predicts she will make the national team. The USL-W League had its inaugural season in 1995 and is recognized as the premiere development league for female players. The league is split into three conferences (West, Central and Eastern) and consists of 40 teams that play throughout the United States and Canada from May through August. ‘This league features some of the best women soccer players today,’ Bergeron told the Palisadian-Post on Monday. Love of soccer brought Bergeron and co-owners Rudi Bianchi and Marion Mansouri together. Bergeron grew up in West Los Angeles and coaches the girls’ soccer team at Crossroads High School, where Bianchi is the boys’ soccer coach. Bianchi introduced him to fellow Palisadians Al and Marion Mansouri, who have lived in the Palisades since 1999. Al serves as the president and executive director of the Los Angeles Blues Soccer Club, Inc., but Marion was the key to bringing high-caliber women’s soccer to the Palisades. ‘She believed that woman’s soccer would be well received,’ Bergeron said. Bianchi was born in Milan, Italy and has lived in the community since 1985. He has been successful as a player and as a coach, and his son, Federico, played Division I soccer at Boston University. Bianchi has also served in many soccer organizational and management positions, including the organizing committee for the 1994 FIFA World Cup.

Some Pacific Palisades residents feel that it is no longer safe to park their vehicles on the street, and there is some justification for their fears. From November 26 through December 25, there were 42 reported crimes in the community and 26 of them were related to cars–burglary/theft from vehicle (BTFV), vandalism and a stolen vehicle. ‘Normally that area [Palisades] has been quiet. We recognize that there has been an increase, but it is modest compared to other areas,’ Lieutenant Ray Lombardo told the Palisadian-Post on Wednesday. He said there were a total of 1,912 BTFVs in the entire West Los Angeles Division in 2007. Lombardo added that these thefts are more likely to occur in dense population areas in West L.A., where a criminal has access to numerous vehicles on streets like San Vicente, Wilshire and Santa Monica Boulevard. BTFVs are less likely in a neighborhood area like the Palisades. Lombardo reminded residents, ‘Don’t leave anything of value in the car, especially small electronic devices like iPod’s and GPS systems. Take them into your house or put them in the trunk of your car.’ According to Lombardo, 60 to 65 percent of people who commit BTFVs have a drug habit. They break a window, steal a valuable and sell it. Professionals account for 30 to 35 percent of car burglaries. ‘It’s the toughest crime for LAPD to solve,’ Lombardo said, ‘because it usually happens at night when there are no witnesses.’ Typical is the December 6 entry on Northfield Avenue: ‘The suspect smashed the passenger window of the victim’s Mazda, but did not take any property. The vehicle was parked on the street.’ Then there was the report from Alcima Avenue on December 21: ‘The suspect smashed the driver-side window of victim’s Honda and took an iPod. The vehicle was parked on the street.’ When relatives staying at the Greg Satz home in the Alcima area awoke last Friday morning, they discovered that their car window had been broken and their GPS system and a jacket had been stolen from the car. ‘It’s not pleasant.’ Satz told the Post on Monday. ‘Four cars on Alcima and one on Las Lomas were broken into on December 27.’ He said that neighbors heard a noise around 12:30 a.m., but no one had seen anybody committing the crime. Police took fingerprints. Nancy Kennedy, who lives in the Marquez Knollss area, was distressed to find that her car had been vandalized on December 21. ‘My rear window was completely smashed,’ she said. A brick had been thrown through the rear window with such force that it hit the front window, causing a large spider-web crack on the passenger side. Kennedy discovered that she wasn’t the only one on the block to have damage. ‘A brick was thrown at another car down the street, and destroyed the driver-side mirror and smashed the driver’s side window,’ she said. ‘A lawn further down the street had bricks on it.’ When Kennedy filed a crime report, she had suspicions about what may have happened, but reported ‘nobody saw anything.’ ‘A car burglar would not use a bat or a brick,’ Lombardo said. ‘That is vandalism and is more likely to have been committed by someone from the neighborhood.’ ‘We do not have any leads at this time,’ Senior Lead Officer Michael Moore said. According to Los Angeles Police Detective Householder, ‘Patrols have been increased in the area and undercover units have also been deployed.’ If anyone has any information, like a license plate number or has witnessed a vehicle leaving the areas, please call (310) 444-1505. If you see a crime being committed, call 911. If you have been a victim of a crime, call the West LAPD front desk at (310) 444-0701.

A 15-Month Recap–And a 2008 Challenge

Fifteen months ago, this column began as a way to inform readers of ways to ‘green’ their lives, update them on ecological and environmental events, and publicize what local residents and businesses are doing. Topics have included tips for green action, water-wise gardening, composting, updates on what local schools and students are doing, the Palisades Cares Environmental Network, ideas for a green holiday, services offered by the L.A. City Department of Sanitation, L.A.’s plan for Zero-Waste 2030, business recycling and Heal the Bay’s ‘A Day without a Bag.’ Green highlights thus far in our Pacific Palisades campaign: Business Recycling. Fifteen businesses use the free recycling services of Chrysalis Recycling. Others use their current waste hauler or have employees take the recyclables home. Alex Polamero at the Palisades-Malibut YMCA was the first to ask for business recycling. Lester Wood organized his entire building to recycle. Kudos to them! Community Support for Street-side Recycling. Palisades organizations and residents including Michael Edlen, the Lions, Rotary, Optimists, Masons, Kevin Niles, Denise Melas, Betty Resnick, Josie Tong, and Charlene Ahern pledged $9,000 in funding and labor to support Palisades Cares’s L.A. City Community Beautification grant application. Councilman Bill Rosendahl, PRIDE, and the Village Green Committee also supported the project. School Greening. Representatives from the 11 schools in the Palisades met together in October and by e-mail to share ideas. The next meeting is in January. All schools are actively recycling. Reusable Bags. All local grocery stores sell reusable bags. Ralphs offers five cents per bag credit. Gelson’s offers entry into the $25 weekly raffle for bag users. Elyse Walker donated over 100 of its reusable bags to shoppers in December. UDO Realty donated bags that Palisades Cares distributed. Compact Fluorescent (CF) Light Bulb Campaign. In addition to encouraging residents to change their bulbs, volunteers now offer a free-light bulb changing service. Kudos to Karen Martinez-Cohen. Group Cooperation. On Heal the Bay’s recent ‘A Day without A Bag,’ more than 20 volunteers passed out 1,300 reusable bags to shoppers and businesses in two hours. Over 35 businesses wanted the bags! Kehillat Israel and Palisades Cares sponsored the presentation of ‘An Inconvenient Truth’ to the community. On Palisades Beautification Day, Rotary members, Palisades High students and Palisades Cares volunteers painted benches and planted at PaliHi. Individual Efforts. Laurie David and Cambria Gordon wrote ‘The Down-to-Earth Guide to Global Warming,’ a book for middle-school students. David Fried, a local investment advisor, trained with Al Gore to make presentations on global warming. Regal Cleaners has sold 500 reusable garment bags to customers. Fourth graders at Seven Arrows pick up trash at the Village Green. Steve Kiralla ordered Klean Kanteen stainless-steel water bottles for Seven Arrows families to eliminate the use of plastic water bottles. Rev. Peter Kreitler continues to produce ‘EarthTalk Today,’ a cable television show dealing with environmental issues. Former Palisadian Gay Browne founded Greenopia, the urban dweller’s guide to green living. Increasing number of residents are using reunsable bags, water bottles and coffee mugs. WHAT’S NEXT? A CHALLENGE We’ve done a lot; let’s do more! Set personal goals. In 2008, this columnist challenges Palisadians to do at least one new behavior (hopefully more) to positively impact our environment. Help set community goals. Please join the Palisadian-Post, Palisades Cares, and others to ‘Green the Palisades.’ Look for our new community logo in an upcoming issue of the Post. Please submit your ideas for eight green ideas of what we can do as a community, ‘8 for ’08,’ to info@palisadescares.org. Visit palisadescares.org for resources for your goals and for updates on people’s ‘8 for ’08.’ The community kick-off will be at the end of January. Each person can make a difference. What will you do? To quote Laurie David, ‘The solution is you!’