Sheriff Complains About Farmers Market In The Street, Without Permits

The sheriff’s deputies who patrol Malibu are say the Malibu Farmers market is causing dangerous traffic conditions, by setting up shop on Civic Center Way next to Legacy Park.   And the market does not have a permit to be there, says Sheriff’s Sergeant Chris Soderlund.

The one-time greengrocers stalls have morphed into a crowded general store selection of take-away food … and clothing and nicknack booths … lots of vendors selling non-food. 

But that’s not the problem. 

Te problem … said Sgt. Soderlund … is the row of booths wedged into the parking area between the traffic lanes on Civic Center Way and the adjacent Legacy Park. 

This happens every Sunday on the side of Civic Center Way. 

Soderlund brought up the touchy issue … at Wednesday night’s meeting of the city Public Safety Commission. 

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“At the Farmers Market on Sundays we’ve had a couple collisions in the Civic Center. 

“Luckily, nobody’s been hurt … a couple of near misses with pedestrians. 

“I inquired … because I have been getting come complaints about it ….  about putting up some signs saying ‘Farmers Market ahead … slow down … pedestrians,’

But that’s when the sheriff’s liaison with Malibu uncovered a sticky legal issue.  Actually … four sticky issues.

The Farmer’s Market does not have a permit to operate in the city street.  Not even on the parking spaces along the city street. 

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“I recently learned that they had a permit which expired through the city … so they don’t have a current permit to operate on city property.

“So, public safety wise, I am focused on pedestrian safety, pedestrians not getting hit. 

“But citywide … they are operating on city property … so you guys may need to look at that.”

And that leads to sticky issue numbers two … three and four. 

The Farmers Market has a permit to operate in the Malibu Library parking lot. 

City officials let it move across the street … in the parking spaces up against Malibu’s Legacy Park  … because the Library parking lot was being used as an emergency sandbag filling station. 

That emergency is over … but the Farmers Market operators have stayed on the other side of the street.

Much nicer there … it has grown into and become part of the park.

Numerous vendors are selling jewelry … clothing … crystals .. . art and other arts and crafts stuff … in the park.

Sticky issue number three …. Malibu has a legal obligation to the former owner of the park not to allow commercial operations in the park. 

It’s in the deed … a legal agreement that could allow the former owner to repossess the land. 

The city paid 25 million dollars for it and two other parcels 20 years ago …  with deed restrictions that kick in if conditions of the sale are violated. 

The park could be repossessed under common law. 

Past efforts to move the market back into the parking lot across the street have met stiff resistance from Farmers Market franchise holder … Deborah Blanco.

She has a strong and loud group of supporters who have packed city council meetings to strongly urge … make that demand … that the city to leave things be. 

Now… the sheriff says there is a dangerous traffic situation. 

Putting a farmers market onto a street that is open to traffic was OK with the city…. But not the sheriff. 

There was no reaction from city officials last night. 

Broad Beach Permit For Sand Replacement Has Problems, Coastal Commission Wants To Know ‘Just Where Will You Get The Sand?’

Board Beach residents have had 20 years … and spent 25 million dollars … to try to rebuild the washed out sand at Broad Beach

And now … with its state permits about to expire … the California Coastal Commission has told Broad Beach’s sand replacement district that it did a crummy job in its application to renew its state permit. 

The decision means another delay in fulfilling the Broad Beach residents’ promise to reconstruct the beach … by burying the rock wall that was installed 20 years ago to protect the row of houses from advancing sea water.

In 2011 … Broad Beach was given emergency permission by the Coastal Commission to install the rock revetment to save their houses ..

In exchange .. they had to promise to bury the rocks with sand … creating a public beach right in front of the houses. 

By dragging out the process … Broad beach residents do not have to pay to bring in thousands of truckloads of replacement sand to bury the rocks. 

Late last night … the Broad Beach Geologic Hazards Abatement District revealed that the Coastal Commission has rejected its permit extension request. 

Coastal told Broad Beach that they did an incomplete job of telling the state just where it will get the sand.

Rindge Dam?

Barging it up from Ensenada?

Or from dredging the ocean floor off of LAX?

The board members will also go into secret session to discuss some sort of top secret real estate deal with the City of Los Angeles … for ocean bottom land north of Imperial Highway. 

They will also talk about what to do after they lost yet another lawsuit … this time filed by Malibu West homeowners.

That decision that could financially cripple the 100 million dollar sand restoration project.  

Broad Beach formed its district 15 years ago … and has been taxing oceanfront landowners up to 100 thousand dollars a year each to fulfill the promise they made to the state.

In exchange for being allowed to dump rocks on the beach to protect their houses … they promised to tax themselves the tens of millions of dollars it will take to cover up the rocks with sand.

But now that district has been found by court after court to be unconstitutional. 

But by losing in court  …the Broad Beach landowners may have won in the longterm.

They got a rock seawall installed to save their houses … and now there may be no way for the state to collect on the payoff of a new public beach in front of their houses.

One thing appears certain.

Also on the agenda … a proposal to continue to pay their longtime lawyer … and the chief architect of the plan … his hourly bills.

That would be 845 dollars per hour. 

The Broad Beach board of directors will discuss these issues in a meeting  at 9 o’clock Sunday morning.  

It will be in person … that’s unusual … 

It’s open to the public at the Malibu elementary School … on Point Dume … Sunday morning at 9. 

Fraser Bohm Trail For Killing 4 Pepperdine Students Delayed, Probably Into Summer

The trial for the Malibu man accused of killing four Pepperdine students has been pushed back … possibly into early summer.

Yesterday’s 15 minute hearing in Superior Court in Van Nuys dealt only with legal technicalities.

Fraser Michael Bohm is charged with four counts of murder … and four counts of vehicular manslaughter with gross negligence … and he is free on bail as he awaits trial. 

His attorney yesterday requested that the trial again be delayed. 

Bohm said nothing yesterday in court … other than saying “yes your honor” when asked if he understood he was waiving his right to a speedy trial. 

Killed that night two years ago were Niamh Rolston, 20, Peyton Stewart, 21, Asha Weir, 21, and Deslyn Williams, 21.

Their friends and relatives were in court yesterday in Van Nuys.

So was Bohm’s supportive family. 

A New York Post reporter in the courtroom wrote that “the tension was high in the courtroom … where the victims’ families sat at one side of the room …  while Bohm’s family and supporters sat on the other.

Planning Commission To Decide On Mansion Blocking PCH Ocean Views, ADU Driveways, and Malibu School Final Permits Next Week

There Malibu Planning commission has to take a gamble next Monday night … when it considers the city’s rules regarding ADUs … auxiliary dwelling units. 

The State of California has laws that require ADUs to be allowed in almost all cases … allowing additional housing units to be placed on most residential lots.

Malibu’s planning commission has been preoccupied with trying to preserve the city’s rural character … and has used Malibu’s very high fire risk to try to restrict ADUs. 

The state says Malibu’s requirement that any ADU have a driveway at least 20 feet wide is not necessary … that it restricts ADUs unfairly.

City staff says the Planning Commission can either keep the 20 foot driveway retirement … understanding that there state may reject Malibu’s ADU ordinance and take us to court. 

Or … it can adapt the 20‑foot rule … with a proviso that roadway width alone will not be used to deny an ADU permit. 

That meeting is Tuesday night.

Also Tuesday night … a hearing on that controversial proposed house … on the bluff between Puercon Canyon and Malibu seafood.

Many Malibu residents were chocked to see the dimensions of the proposed house … when story poles showing the roofline were set up.

Ocean views from PCH were blocked … but the house is only 18 feet high … making it conform with Malibu rules.

And the final phases on the Malibu Middle School and Malibu High School reconstruction go up for their final hearings.

Not much controversy there … that we have heard.

The meeting is Tuesday night at City Hall.

No Newscasts Friday, Out On Medical Leave