issue holds up full operation
The pier, which was largely destroyed by El Niño storms in 1982, is open to limited use, although sport fishing might be in operation this summer. Owner of Mo’s restaurant is in negotiation to run former Alice’s Restaurant.
By Ward Lauren / Special to The Malibu Times
Although no date has as yet been set for the formal opening of the refurbished Malibu Pier, in large part because of the legal dispute over the right to the trademark name, work continues on the finalization of the few remaining repairs, and both the state, which owns the pier, and pier operating partners still feel optimistic that it could be ready for limited public use this summer.
A motion for summary judgment in its suit for the right to the use of the name “Malibu Pier” has been filed with the Central District Federal Court by the state of California, said Kathleen Franklin, California State Parks Angeles District superintendent. It was announced this week that the judge would consider the matter without oral argument. The suit arose from the claim of Agoura resident Stephen Harper that the name is his intellectual property by virtue of a trademark filed with the U.S. Patent and Trademark Office.
“We’re hoping to resolve this issue as soon as possible,” Franklin said, “but work on the pier is still moving forward on all tracks toward being able to open in some form by summer. The pier is a work in process, however, with many things yet to be done before it is fully operational. The good news is the sport fishing is on a fast track.”
Malibu Pier Partners, LLC will run the concessions and operate the pier when it is in full use. Principals in the partnership are Jefferson Wagner, pier operations manager and owner of Zuma Jay surf shop, and Alexander Leff, a San Francisco attorney. The partnership and State Park inspectors have reached agreement on the exterior construction work that has been completed on the structures situated on the pier.
“We’ve mitigated all remaining differences on the renovations and have agreed to accept the pier in its present condition, subject to a relatively small amount of work yet to be completed,” Wagner said. “We’re down to the nails, nuts and bolts now. There are only some minor repairs to be done and we don’t see any problems with these.”
Next major projects will be the interiors of the planned concession buildings. These will be designed and built out by Pier Partners in conjunction with potential vendors, subject to inspection and approval by the state Department of Parks and Recreation.
Negotiations are presently underway with Bruce Heckler, owner of Mo’s at the Pier restaurant, to lease the former Alice’s Restaurant at the foot of the pier, Wagner said. No name has been decided for the new facility. Mo’s at the Pier operates on a month-to-month basis on weekends during the peak season from May to October in the former Alice’s preparation building.
The lawsuit over the name Malibu Pier has prevented any further progress toward signing up vendors to operate any of the planned facilities on the pier, Wagner said. “They’re naturally reluctant to sign anything until they know they can use the name in conjunction with their businesses.”
Wagner himself has 500 T-Shirts and 1,000 decals with the Malibu Pier logo on them in his shop but can’t sell them without being in violation of a court order, pending the outcome of the suit.
“It’s really a shame for everybody,” he said. “Millions of dollars spent on renovating and repairing the pier after all this time and all the public can do is walk on it-and then not all the way out to the end! It’s a huge disappointment for the taxpayers and all three governments involved: city, county and state.
“I’m personally still optimistic, energetic and excited about opening someday. In the meantime I’m learning a lot about attorneys and personal greed.”