SLOW DOWN ON PCH ENJOY THE SIGHTS malibuparkatcrosscreek.com
M A LIB U ’S AWA RD W INN IN G N E WSPA P E R S I N CE 1 94 6 VOL. LXXIX • NO. IX
THURSDAY, JUNE 27, 2024
malibutimes.com • $.50 • WEEKLY
Malibu safety officials keep close eye on Nobu July 4 plans City tries to prevent a repeat of last year’s Independence Day fiasco By JUDY ABEL Special to The Malibu Times
Malibu officials and residents will be keeping a close eye on Nobu Malibu on July 4. This in an effort to prevent a repeat of last year’s massive traffic jam, the result of an unpermitted event at the celebrity-filled eatery. Barring natural disaster, last year’s debacle was arguably the worst traffic snarl in Malibu’s history, when an already-busy PCH was brought to a near-standstill by party-bus and limousine drivers who abandoned their vehicles on the center median and elsewhere in order to get their guests to an advertised event not cleared with the city. More than 700 people overcrowded the restaurant’s roughly 130 capacity, a safety hazard that also caught the attention of fire authorities. Traffic was backed up for hours in both directions, raising the ire of Malibu’s Safety Commission and others concerned that emergency vehicles would not be able to reach ill or injured citizens and infuriated by the restaurant’s general disregard for the local community. Last year’s flagrant code violations resulted in total fees and fines to the high-grossing business of $821 — less than the cost of a dinner for four. At the time, city staff refused to divulge the amount of the fine to the press, and a public records act request was needed to force its disclosure to the Malibu citizenry. This year, as required, Nobu ap-
plied for and was granted a Temporary Use Permit (TUP) with the city. An appeal can be filed, but as of June 13, no such appeal had been recorded. The 2024 TUP was issued to Nobu because, according to a memo received by The Malibu Times from the City of Malibu Planning Department, “under the City Code, each TUP must be reviewed as a stand-alone application, and it cannot be denied based on a previous TUP at the same location. The LA County District Attorney informed the Planning Director that there were no formal complaints made against the Nobu property owner in the last 24 months, so Planning couldn’t deny it outright, under the City Code.” The Malibu Times reviewed the relevant code sections, and was unable to locate the basis for the city’s above assertion. Municipal Code Section 17.68.060 provides that the director “may approve a temporary use permit application; provided, that all the following findings of fact are made…,” including that there be no complaints filed with the D.A.’s office within 24 months. However, the Planning Department seems to be interpreting the code provision that it “may” approve a TUP so long as various conditions are met to mean that it is required to issue a permit so long as those conditions are met. This interpretation seems unsupported by the plain language of the code, which uses permissive (may) and not mandatory (shall) language throughout. The code also requires that the CONTINUED ON PAGE A5
Elected officials and proponents of AB 1297 gather in Sacramento. From left are Garrett Holley, legislative aide to Senator Ben Allen; Marc Vukcevich, Director of State Policy, Streets for All; Damian Kevitt, Executive Director, Streets are for Everyone; Steve McClary, City Manager, City of Malibu; Bridget Thompson; Michel Shane; Rusty Areias, California Strategies & Advocacy, LLC; Alexis Brown, Deputy City Manager, City of Malibu; Senator Ben Allen, 24th District; and Doug Stewart, Mayor Pro Tem, City of Malibu. Contributed Photo
The need for speed ... cameras: Part One Automated traffic enforcement works for small-town Iowa, but will it work for Malibu? By BEN MARCUS Of The Malibu Times
On June 18, the City of Malibu was pleased to announce the passage of Senate Bill 1297 (SB 1297), which authorizes the use of speed camera systems in designated areas of Malibu, “strategically placed in five high-risk areas along Malibu’s 21-mile stretch, where speeding poses a serious threat to public safety.” High time, but now the ques-
tions are: When will the cameras be installed? Which areas of Malibu should be designated for speed cameras? How much will the fines be? And, how will that revenue be dispersed? While writing a feature on speed cameras that included the tragic accident that took the lives of four Pepperdine students, I went online to compile facts and figures about the dollars and cents, legalities and liabilities, costs and benefits, and other factoids relating to speed on Pacific Coast Highway, and the use of speed cameras across country and around the world. One group of numbers I found had to do with the use of Automat-
ed Traffic Enforcement (ATE) in 2: Red light/speed cameras at Marion, Iowa — a town of about the intersection of state highways 46,000 souls equidistant from Hiand local roads. awatha and Cedar Rapids. Two $50: Fine for 5 to 10 mph over permanent speed cameras and one speed limit mobile system had been approved $75: Fine for 11 to 20 mph over by the Marion City Council in speed limit April of 2023, and they went into $100: Fine for 21 to 25 mph over operation in September of 2023. speed limit After one month of unblinking $250: Fine for 26 to 30 mph over traffic enforcement, the Marion speed limit CONTINUED ON PAGE A7 numbers looked like this: $0: Cost to the City of Marion to install speed cameras. The cameras are installed by a Swedish this week company — Sensys Gato — that takes a cut of the citation revenue. 1: Mobile camera, used where needed, with the public alerted.
City Council submits a letter to MRCA on nonpermitted Winding Way Pavement, calls it public safety impact zone
know we’re not used to the heat so when the heat happens, you need to hydrate and prepare,” Soderlund said. To read more about the rescues, visit page A6. Soderlund said LA County saw over 1.6 million people visiting the beaches this past weekend. LA County lifeguards did 380 ocean rescues and provided medical aid to 436 people and 27,000 preventative actions. “We were out there helping them along Malibu’s beaches, so it was a very, very busy weekend,” Soderlund said. Soderlund showed a photo of the traffic and said it took about 45 minutes to get to Kanan Road from Westward Beach Road this past weekend as well. “We had traffic deputies out there to keep the traffic flowing, except there was an exceptionally large amount of cars this weekend,” he said. “Fortunately there were no major accidents, so I am thankful for that.” Soderlund also thanked the council for their support on the speed cameras. “I want to say thank you for beating the drum and voicing your opinion, so we got it done — so keep on
Letter from assistant planning director describes staff dysfunction
By SAMANTHA BRAVO Special to The Malibu Times
A paddle out and celebration of life event was held June 15 at Zuma Beach for Derek Schimming, who passed away on May 14. Emily Scher/TMT
Admiring friends and family celebrate the giving, exuberant life of Derek Schimming Known to have a creative soul, Schimming regularly shared his talents and passion with others By BARBARA BURKE Special to The Malibu Times
He was a loving husband, a proud, doting, and dedicated father of his four lovely daughters, and a loyal, generous friend. He loved art and his colleagues in the Malibu Art
Association, an organization for which he tirelessly donated his talents and energy. He loved Malibu and all those who reside within and visit this lovely coastal town. He loved to surf, to laugh, and to share time with those he held dear. He was the first to hold newcomers dear, warmly welcoming them to Malibu, and immediately making them feel accepted in our community. All who gathered on June 15 to celebrate his life and legacy warmly
recalled those details about Derek Schimming, 60, who suffered a heart attack and then crashed his vehicle near Paradise Cove on May 14. “It was a shock to all of us! I can’t believe this has happened!” said Tracy Park, one of Schimming’s friends and a local gallery owner. “He was so, so special!” The Malibu art and greater community has lost a great leader and a fantastic friend, Park added. The celebration of Schimming’s life CONTINUED ON PAGE A7
INSIDE
Malibu/Lost Hills Sgt. Chris Soderlund had multiple news to provide at the City Council meeting on Monday, June 24. For the first heatwave of the year, Soderlund said Malibu saw an influx in visitors heading to the beach and hikers being rescued by the Malibu Search and Rescue team. On Sunday, June 23, Malibu Search & Rescue had the team’s busiest afternoon with four successive rescues between 3 and 7 p.m. Malibu Search & Rescue, LA County Fire Department and California State Parks teamed up to rescue four patients. With the temperature hitting almost 100 degrees in the area, heat-related rescues were prevalent. Several of the hikers said they thought they were prepared. MalibuSAR cautions everyone that it’s extremely difficult for the typical hiker to prepare to hike in such high temps. “Good reminder to hydrate, I
CONTINUED ON PAGE A6
Our Lady of Malibu congregation and school community celebrates departing leaders |B1
News Briefs . . . . . . . . . .A3 • A new real estate record has been set in California and again in Malibu Calendar . . . . . . . . . . . .A4 • Events Business . . . . . . . . . . . .A5 • New laws that will impact Malibuites starting July 1 Real Estate . . . . . . . . . .A8 Malibu Life . . . . . . . . . .B1 • Parks and Rec Commission considers nominations for the Jake Kuredjian Citizenship Award People . . . . . . . . . . . . .B2 • Ben Marcus: She works hard for the money; • Colleen Dwyer Brennan of Bad Bitch Builders Legals . . . . . . . . . . . . . B4 Business & Directory . . . B5 Classifieds . . . . . . . . . . B5 Sports . . . . . . . . . . . . . B8 • New coach selected to lead Waves on the diamond