KBUU News Mon May 16 – City, SMMUSD Say Divorce Proceeding Slowly, But No Acrimony – Tow Yard OK’d On Morning View – Holy Guacamole! ‘Burrito Police’ Vent Heartburn Over Howdy’s Patio

Written by on May 16, 2023

City, SMMUSD Say Divorce Proceeding Slowly But Surely, But Are Not Fighting In Front Of Kids

Santa Monica school and Malibu city officials have issued a joint statement that reaffirms that steady progress is being made on the school district divorce.

Their joint statement was issued yesterday.

In it … the school district and the city acknowledged that they had missed a key deadline to reach agreements on finances … control … and the property split.

The new statement from both sides says they are still working on complex details that were spelled out in a “term sheet” that was agreed to by both sides in late October of last year.

The new statement says both sides still need time to work out the details.

And that additional details need to be hammered out.

A mediator will host another session on August 8th … .

You might recall a week ago … the Malibu assistant city attorney appeared before the city council on this.

said Monday night that Santa Monica has made a major financial concession… and is no longer demanding a huge chunk of future Malibu tax revenue for the next 30 years.

Last Monday … assistant city attorney Christine Wood told the Malibu city council last night that progress is slower than hoped for … but still being made … to get the Bu out of the SMMUSD.


“Although none of the agreements have been finalized, it is important to know that there are some very key terms that have been agreed upon.

“First each successor  school districts will retain all local revenues that had been generated in their respective territory.

“That was something that had not really been agreed upon before, so that is a (new) agreed-upon financial term.”

Assistant City Attorney Christine Wood … last week.

She says Malibu will guarantee that Santa Monica will get some Malibu property tax revenue … with a limit.

But the financial and legal terms being negotiated are very complex … and the city says Santa Monica is acting in good faith to get the Bu out of the Santa Monica district.


Morning View Drive Site Chosen For Towed Car Impound Yard

Malibu Middle School got a permit last night … from the city planning commission … to be used as a temporary impound lot for illegally parked cars.

31 spaces will be fenced off this summer … in there parking lot next to Morning View Drive.

Planning commissioners had no objection to the actual plan … which replaces an impound lot at Point Dume’s Heathercliff Drive lot.

At last night’s Planning Commission meeting … longtime public safety commission chair Chris Frost said the Malibu High lot will be critical to keeping the streets clear … particularly at Point Dume … where illegal and unsafe parking is endemic.


“We cannot get to the summer without a cooperation. Every year the number of visitors to our city has just increased, and along with that comes clogged streets and parking-restricted areas, blocked fire, hydrants, blocked driveways.”

There was no public objection to placing the tow yard in front of the school … instead of behind the school … where it used to be.

City planning commissioner Skylar Peak said the school parking lot makes more sense than keeping the impound yard up at Heathercliff … because Zuma Beach is another major source of impounded cars.


“it doesn’t make sense for them to be driving up, unfortunately, to the Heathercliff lot in the summer when the light at Kanan is jammed and the traffic goes all the way down to Zuma. it takes a tow truck driver a half hour to get up to the Heathercliff from that area and then back down. So I think this is a good solution.”

Of course … it wouldn’t be a Malibu Planning Commission meeting without dissent.

Commissioners John Mazza and Kraig Hill abstained.

They felt that the city permits transferred legal liability to the school district.


“if I’m an attorney and I’m suing the city for $50 billion for squashing my kid, I’m gonna go by what was officially voted on and what was reported by the staff.”

As we said … the new impound years passed by a 3-0 vote.  Hill and Mazza abstained.


Holy Guacamole! ‘Burrito Police’ Dive Into Howdy’s Patio, Photos Of Rained-On Burritos Are On Menu

Hard to take this one seriously … but the Malibu Burrito Police ride again.

Even one planning commissioner and the city planning director refer to the big flap over Howdy’s restaurant patio as “the burrito police” at work.

Last night … the Planning Commission got its deep fried investigative report on the outdoor patio at Howdy’s restaurant … in the Whole Foods in the Park shopping center.

You might recall … two members of the city council getting heartburn over Mexican food being consumed in the semi-enclosed patio at Howdy’s restaurant.

John Mazza and Kraig Hill wanted to know if the patio caused the enchilada cafe to blow past its authorized square footage limitation.

Planning director Richard Mollica took a deep dive in the spicy controversy on this one.

He showed a picture of the patio during a rainstorm …demonstrating that the original canvas roof was a sunscreen … that leaked in the rain like a soggy tortilla.


“These photographs that we have here were taken during the rains that we had in March,

“And what you can see is that the awning is a permeable surface, in that it does allows rain to come through.

“And the comment that we heard …this could be the burrito police comment … was that the burritos were getting wet ,… and that was frustrating.”

This culinary note: when you order a burrito “wet” … that means with salsa… not rain water.

Mollica says the windows around the patio serve to prevent it from becoming a wind tunnel … and are in compliance with city rules.

They did not take any action on this acid reflux.

Last week … planning commissioner John Mazza freaked out when KBUU did a small story saying that the patio item was on the upcoming agenda.

Actually … the term we used was unauthorized sale and consumption of enchiladas in a weather-controlled space in excess of the permitted Total Developed Square Footage/Service Area as permitted by the City of Malibu under a Coastal Development Permit issued under the Coastal Commission certified Local Coastal Plan. .

Mazza went onto social media … headlined our report “FAKE NEWS” … and accused KBUU of calling him the “taco police.”

Mazza was wrong.

KBUU did not at any time use that language.

And last night … the actual term used by the city was “burrito police.”



Commissioner Says Rooftop Decks In Malibu Offend US Supreme Court Precedent

Malibu’s Planning Commission voted in a familiar three votes on one side … two votes on the other … on almost every matter vote last night.

Kraig Hill and John Mazza both abstained on the tow yard.

And both voted against a house because it had a sundeck on the roof.

Hill says there is a constitutionally-protected right to privacy … and he says a rooftop deck violates that.  Hill said that the right to privacy was extended by the U S Supreme Court.

Apparently … the commissioner believes that the U S Supreme Court’s 1965 decision on the right to privacy as regards to buying birth control pills …. extends to Malibu zoning rules.

The Supreme Court first recognized a right to privacy in 1965 … when it legalized birth control.

Jeff Jennings … who unlike Hill is a lawyer … scoffed at extending the right to privacy for birth control pills … to the roofs of houses in Malibu.

Said Jennings … that must be a different Constitution than the one he is familiar with.


Juvenile Shoots Self In Hand, SMPD Says

Santa Monica police say a boy was taken to a hospital yesterday after he accidentally shot himself in the hand.

Teh shooting was reported near 2nd at Montana streets at about 2:20 p.m.

Police said it was and apparent accident.

But it was not clear where the Bioy got the gun.

He age was not released.

He was said to be in a stable medical condition … but may need to undergo surgery.


Here’s Johnny: Carson Foundation Aids Westside Food Bank

The Westside Food Bank is conducting its annual gala fundraiser …. or rather …. it’s not.

27 years ago, Westside Food Bank created the “Phantom Dinner” as a way to avoid the high cost and staff time required to hold a fancy gala event.

It’s the big fundraiser for the bog food pantry.

The Westside Food Bank is facing more demand now than ever before.

Historically high inflation, the high cost of food, rent, utilities, gas, and the expiration of supplemental pandemic food benefits.

All are hurting some families … some not far from Malibu.

A donation from the Johnny Carson Foundation is really stretching the value of each dollar raised this spring.

Normally, the Food Bank is able to leverage bulk buying to stretch a $1 donation to buy food for 4 meals.

But right now … a generous donation from the Johnny Carson Foundation allows all donations to the nonprofit to be matched, up to $100,000.

Because of the match, $1 will provide 8 nutritious meals for food-insecure children, adults, and seniors living in West Los Angeles County.

More information is available at the Westside Food bank’s website.


Sea World Is A Deadbeat, San Diego Alleges

Sea World is a deadbeat.

Last night … the San Diego city county voted to file a lawsuit against the San Diego amusement park.

Sea World sits on land owned by the City of San Diego in Mission Bay.

Thery stopped paying rent during the pandemic.

Last year … Sea World reported record profits.

But they still owe the city 10 million dollars in back rent.

The San Diego Union Tribune could not get a comment out of Sea World.


Support for KBUU Radio comes from Rancho del Cielo.

For 8 years … Rancho del Cielo has been a partner to public radio in the Malibu.


Support for KBUU radio comes from Mad Interior Art.  

Based in the fashion capital of the world, Milan, Mad Interior Art selects remarkable crystal, porcelain and stone art objects with a remarkable artistic depth …  created by the biggest names on the Italian and international scene. 

Shop from home.  Fast shipping.

Mad Interior Art dot com … from Milan to Malibu … supporters of Radio Malibu. … KBUU.


Support for KBUU Radio comes from Sea N Soul Surf, at Zuma Beach Plaza

A coffee barista … the locals’ place to find entry level surfboards for a grom … or a handshaped blade for a pro. 

Sea N Soul Surf… clothing, coffee and boards for the Malibu lifestyle … under Spruzzo’s …across from Zuma Beach.


Support for Radio Malibu KBUU comes from the Mark and Grether Real Estate Group.

Combining the talents of Tony Mark and Russell Grether…

The Mark and Grether Group offers concierge-level service… personalized attention… to buyers and sellers… landlords and tenants … here in Malibu.

The Mark and Grether Group… a top producing team with 35 years of experience… and over $1 billion worth of real estate sold in least… from Malibu’s coastline to the canyons.


Support for KBUU Radio comes from the Malibu Brewing Company.

Malibu Brewing Company is a locally owned craft brewery, proudly supporting our community, and local public radio. 

The tap room at Trancas Country Market is open…

And the Malibu Brewing Company is serving its Oktoberfest fest beer … a traditional lager with notes of toffee … moderate malt flavors and delicate hops.

A chef prepared menu to enjoy on the patio or inside.

Malibu Brewing Company Malibu California


Support for KBUU radio comes from Saguaro Technology.

Based in Malibu … Saguaro Technology offers software development and other engineering services across the entire product life cycle… and across several industries.

Life sciences, automation, robotics.

Saguaro Technology engineers work side-by-side with the client to extend engineering teams… to create and launch products faster… and more cost effectively.

Saguaro Technology can be reached at saguarotech.net



Support for KBUU Radio comes from the Malibu Foundation.

The Malibu Foundation underwrote the KBUU solar panels and batteries at the transmitter … which keeps KBUU’s FM transmitting on 99.1 during storms and blackouts… 24 seven… on clean renewable Malibu sunshine.


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