Hi Peter, Sara:
I spoke with Mary Shallenberger this evening re: how AB 988 could be amended to create more of an incentive for the City of Malibu to actually accept the certified LCP once the Commission has acted, thus avoiding the Carlsbad 10-year plan. There is a concern that imposing fines or withholding state subventions may not hold up in court. We know that an outright moratorium will not. I suggested, per an earlier conversation with PD [Peter Douglas, Coastal Commission executive director], that if the City fails to assume full permitting authority by a date certain after the LCP gets certified, that they abdicate the right to issue local building permits, and the Commission would assume all land use permitting authority until such time as the city adopts the certified plan. This removes local control (incentive for city) and keeps applicants out of never-never land, where they can’t get a city building permit and/or CDP.
Although this would accomplish the Commission’s goal of approving more visitor serving uses and public access, (because it would remove the requirement that applicants receive a local building permit), Mary pointed out that this does NOT accomplish the goal of the authors, who are attempting to get the commission OUT of the role of local planning on a permit-by-permit basis, and thus reduce Sac-based lobbying efforts by applicants.
She is suggesting language to the effect of, “Once the commission has certified the LCP, the City of Malibu shall immediately assume Coastal Development Permitting authority, pursuant to the policies and goals of the certified Local Coastal Plan.”
This eliminates the issue of how to deal with amendments during the interim, and makes clear the intent of the Legislature that Malibu implement the plan. If Malibu simply refuses, they are in violation of state law, and would, I assume, be vulnerable to legal action. She feels that the 6 month time period between LUP draft and LCP certification is ample for the city to ‘tool up’ its planning department to cope with the new LCP procedures.
The hearing is @ 8 a.m. Tuesday. Plz ‘reply all’ to keep everyone in the loop, or call me early on my cell phone with your thoughts.PCH high-speed pursuit
Since 1997, 15 lives have been tragically lost in traffic accidents on PCH. Malibuites have become quite worried about highway safety. Different speed-reducing options have been discussed, such as introducing motorcycle patrol, speed indicator trailers, laser radars, even a decoy car, presuming that the deadly road chronicle should be blamed on the reckless speeding drivers alone.
Whatever my impression might have been regarding that issue, it was violently shaken in the early hours of Sunday, Dec. 22. While I was waiting on the curb just east of PCH on West Channel, a horrible accident unfolded within 30 feet of me. At a very high rate of speed, an LAPD vehicle approached the intersection in the leftmost southbound lane, crossing over the center divider just north of Chautauqua and into the northbound lanes. My car would have been exactly in its deadly path, had I left a minute earlier.
Completely out of control, the vehicle slid backwards across the wet asphalt and over the curb, halfway shearing a light post and abruptly coming to a stop, crashing against the wall of a restaurant at the intersection’s southeast corner.
By sheer luck only, several people waiting at a valet stand remained unharmed. In the true spirit of Christmas, the very ones who almost became victims themselves a minute earlier started helping the two trapped officers. My friend Caroline was the first rushing to help, calling 911. Two men managed to pull the officers out of the mangled, gasoline-leaking vehicle. Undeterred by such things as blood-borne pathogens, the petite but brave Caroline was using napkins and her bare hands to wipe the bleeding face of the driver while David, another acquaintance of mine, was comforting the other, more seriously injured officer, covering him with his jacket and talking to him. Then came the chopper, five more LAPD cars, a fire truck and finally, on the 21st minute-the paramedics. Half an hour later, I was carefully driving home, trying to cope with what I had just witnessed and trying to find answers to many questions.
There has been a growing protest among the Los Angeles citizens against the unnecessary, dangerous police pursuits. The family of the 5-week-old infant whose left arm was severed in a car crash caused by a high-speed police pursuit asked the City of Los Angeles on Friday for $30 million for the injuries they suffered, including emotional distress. Do the benefits of catching a criminal really justify the risks of loss of life, or accidental dismemberment? Could the LAPD use safer pursuit methods? Could the officers be better trained?
As I was approaching Las Flores, known as one of the most dangerous intersections in Malibu, I was passed by a black and white LASD vehicle, developing speeds quite above the stated 45 mph limit. Without signals, the car changed lanes unexpectedly. At the Duke’s restaurant, the vehicle came to an abrupt stop in the left turn lane, then suddenly made a U-turn against a red left arrow and sped away eastbound on PCH, with no emergency lights and/or siren turned on. In less than a minute, four California Vehicle Code violations were committed before my eyes, by the same deputies who would promptly ticket me if I were to commit even one violation.
It does seem that some officers could be better trained. A good point for them to start would be to learn to obey themselves the very laws they are supposed to enforce.
Ian Popov