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An explainer: City of Malibu permit processes for development projects

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Photo by Samantha Bravo/TMT.

With the implementation of a development portal, city seeks to expedite and streamline application processing

By Barbara Burke

Special to The Malibu Times

Residents of Malibu must file applications for project approvals and various permits when seeking to build a new structure or to remodel homes or businesses. When doing work on your property, it is always best practice to contact the city to verify if a planning approval or building permit is necessary. The Malibu Times consulted with Environmental Programs Manager Tracey Rossine, Development and Operations Manager Patricia Salazar, and Senior Planner Raneika Brooks for a deep dive to find out how the processes work to obtain required approvals from the city, and also, to discuss the city’s new development portal which was implemented on April 22. Staff explained that the portal’s ability to work in real-time will expedite and streamline processing of requests, reviews, approvals, and payments, as well as keep applicants informed while their requests and applications are pending with the city.

“The project’s applicant team, including the consulting geologist, engineers, design professionals, etc., is required to provide project plans and technical site analyses to be reviewed by the city’s departments,” Brooks explained. “The role of the city departments is to review the submitted documents provided by the applicant’s team for adherence with local and state regulations.”

Moreover, it was explained why the onus is on an applicant’s professional team to perform such necessary studies and assessments.

“The city’s team cannot complete a site analysis or design a project on behalf of the applicant/homeowner/project team for sites in Malibu as that would be a conflict of interest and a violation of their code of ethics,” Rossine said. “Simply stated, it is against best practices and ethics in the industry for a professional to review his or her own work.”

Basics of a development project submittal, beginning with the planning phase

City staff set forth the steps in obtaining approval for a development project.

First, there is the planning phase, which focuses on architectural and zoning assessments — This is the ‘Where and what I am building?’ phase.” the staff explained.

In that process, a person submits an application, which includes, but isn’t limited to, architecture and grading plans, technical reports and analysis, etc. The application is distributed to applicable city departments and external agencies planning staff further explained. The city departments review the submittal to determine whether it adheres to applicable city and state codes before providing comments to the planner and applicant team. Concurrent to the city departmental review, the planner conducts a conformance review to determine whether what has been submitted complies with applicable development standards.

Addressing the next phase in the process, Brooks stated, “Once the applicant has addressed the city specialists’ and planner’s comments, the planner deems the planning application complete and a decision will be issued by the appropriate decision-making body.” Once all appeal periods have expired and the applicant has met all conditions of approval, the applicant will then be notified to submit to building plan check. 

Building plan check review 

After the planning phase comes the building plan check review. 

“The building plan check addresses the civil/engineering/structural aspects of a project. This is the ‘How it is being built’ phase,” Rossine said. “Applicants submit approved plans to building staff and there is distribution of documents to applicable city departments and external agencies to determine whether the proposed project adheres to all local and state regulations.”

That process includes a permit technician being notified when a plans examiner and other city departments and external agencies have completed review. Those city professionals reviewing the applications during this phase will provide comments or corrections or an approval of the project.

“Once the applicant has satisfactorily met all state and local regulatory requirements, the plans are approved, and the applicant will be notified to submit for permit issuance.” Rossine explained.

Building permit phase

In the building permit phase of the process, approved construction plans with all required approval stamps are processed by a permit technician. “This is also the point when the Planning Department staff will conduct post-approval compliance inspection ensuring that all planning conditions imposed on the project are completed.” Salazar explained. 

“A permit is issued based on the approved scope of work and construction can begin,” Rossine stated. “Next, there are inspections and inspection staff are called at specific points to verify that a project is being done according to the approved plans.”

Salazar elaborated, noting that “Projects may also require inspections by the Planning and Public Works departments and the city biologist.” This is in addition to geology, and LA County Fire-required inspections. 

The city has provided a video explaining the development process that readers can access here: www.youtube.com/watch?v=-CbYugR2uog. The video is also on the city website at www.malibucity.org/251/Environmental-Sustainability.   

Development Portal – A game changer

On April 22, the city introduced the Malibu Development Portal for applicants or owners to submit projects, view status updates, and manage documents and fees. Design professionals and homeowners have access to individual projects, real time updates, departments’ revisions, required documents, and fee information. Other features include managing inspection requests and researching public documents. Readers can find out comprehensive information and a “How-To Video” explaining this portal at: www.malibucity.org/858/Development-Portal

To access the portal, go to mlb-pptsrv.ci.malibu.ca.us. To access the meeting when City Council members were introduced to the new portal, go to www.youtube.com/watch?v=LEx0LLQE06M (starts at the 1:28 mark).

With the new development portal, the city’s professionals who are working on an application can collaborate on working on a project in real time, thus streamlining the process. 

As those seeking to build structures in Malibu go through the city review process, they may discover that the city’s processes are more streamlined and efficient and that there is more information available to applicants during the process, now that the city has implemented its new development portal.

The following incidents were reported between April 19 to April 24

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4/19

Grand Theft

A vehicle parked near Las Flores Canyon Road was broken into, and an estimated $2,045 worth of miscellaneous items were stolen. The victim said they reviewed their security cameras and saw two suspects, described as a male and female, wearing dark clothing, ransack her vehicle. The security footage was uploaded to the sheriff’s department for evidence.

4/22

Vehicle burglary

A vehicle parked near Topanga State Beach was broken into and ransacked. The victim said they left the key fob underneath the bumper and upon return, the key fob was missing and their vehicle was ransacked. The victim received a notification of a charge made to their credit card for an estimated $4,000 at Nordstrom in Santa Monica. There were no security cameras available for evidence.

4/23

Vehicle burglary

A vehicle parked near Leo Carrillo Beach was broken into and ransacked. The victim said they went surfing, and upon return, his wallet was missing from his backpack. The victim said a few days later, an estimated $12,000 was taken out of his bank account. The victims $600 cellphone was also stolen. The key fob was estimated to cost $500 to repair. There were no security cameras available for evidence.

4/24

Vehicle Burglary

A vehicle parked near Serra Road was broken into and ransacked. The victim placed the keyfob underneath the front bumper, went surfing, and upon return, the key fob was missing and their wallet, iPhone, and keys were missing. There were no security cameras available for evidence.

Ben Marcus: Thoroughly Mid-Century Modern

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A home designed by Dorian Bernard's Resilient Design sits on a hill in Malibu. Courtesy of Website Hero

A conversation with Resilient Design’s architectural designer, Dorian Bernard 

By Ben Marcus

Your humble writer/reporter lives in a modest rented room hidden away along Malibu Road. But don’t judge, or let that fool you. He has seen a few places and knows enough to engage in conversation with Dorian Bernard, an architectural designer from France who arrived in the right place at the wrong time about six years ago — just before the Woolsey Fire created a lot of opportunities for a talented architect. He has been helping rebuild Malibu ever since.

To consult with Dorian Bernard on your Malibu dream house: resilientdesignllc.net/

J’avoue. I have fished the Youghiogheny River in Pennsylvania twice and twice I had a chance to go tour Falling Water and twice kept fishing. Je m’excuse.

Visiting the Falling Water House was one of my main goals when I arrived in the U.S. I stopped by Pittsburgh and on my way to Chicago just to tour it. This is one of the first houses I remember a long time ago thinking “Wow, this is what I want to do when I grow up.” It blends the boundaries between nature and building. 

That house on your website homepage is Falling Water-ish?

It was a collaborative design while I was working at Vitus Mataré & Associates, the constraint was to be lower than the street above, to protect the neighbor’s view. I tried to accentuate the main lines and connect the home to its site as Frank Lloyd Wright does so well.

Did you know that almost-disguised house at the top of Saddle Peak was built and was inhabited by Frank Lloyd Wright’s grandson? 

Yes, I did. I only saw the pictures available online. “Almost-disguised” should be the norm, I don’t take sides between pro and con development in the mountains, But as a designer, this is the best response to a site so unique.

Loaded question: Is Malibu a good or bad place to be an architect? 

I think Malibu is a great place if you are armed with patience and offers incredible sites to express your creativity and problem-solving abilities.

Your bio reads: “Originally from the Basque Country in the southwest of France…”  So you are Basque? Euskaraz hitz egiten al duzu?

Ez. Unfortunately, I don’t speak Basque, but can understand only a few words

Your website continues: “After completing his studies in art and architecture in Montpellier, Dorian relocated to Malibu in 2018.” Why and how did you come to Malibu? 

It was part of my gap year between my Bachelor’s and Master’s degrees. I was looking for an internship in Los Angeles, and one of my inquiries went to Vitus Mataré. His work, especially one of his projects on Piuma Road, the Malkhasian Residence, held my attention to Malibu.

And then: “Just a month before the devastating Woolsey Fire. This event thrust him into numerous fire-rebuild projects, deeply influencing his career and inspiring him to volunteer as a wildland firefighter to better understand fire behavior.” Sometimes it’s all about timing.

Well, I’ll always remember this feeling of evacuating Malibu and being unable to help. I remember driving up to Saddle Peak on Thursday evening and how quickly the situation worsened. I remember the orange sky in the middle of the day and the ashes falling from the sky, even miles away in Palisades. 

Wildland fires are recurrent in the area and are a real concern for homeowners, specifically with the actual home insurance situation.

Malibu is populated by sophistos with the money and good taste to let a young, ambitious “Basquitect” go to town on designing their home. What are your design influences?

My main influences are mid-Century Modern, including Mies Van Der Rohe, John Lautner, Richard Neutra, and of course Frank Lloyd Wright. I strongly believe that architectural heritage must be preserved. This is what gives a city or an area its identity, like Palm Springs or Santa Barbara.

Malibu was made for Mid-Century Modern: Space and light.

I would certainly agree that Malibu suits Mid-Century Modern very well. 

How many homes have you worked on since Woolsey? How many have been built?

I have been involved in over 70 projects since October 2018, 27 among them were fire rebuilds.

How many have been delayed? What advice might you have starting a project and when working with the planners and regulators of Malibu?

Like-for-like fire rebuilds were straightforward, especially when records of permits and plans were found. But any new development in Malibu City is quite challenging. I would highly recommend deep due diligence before buying any property to verify that every requirement can be met.

What materials and measures do you utilize in designing homes in Malibu with the environment and fire protection in mind?

Regarding fire prevention in Wildland Urban Interface, I always consider two main areas.

  1. Defense strategy: Before designating a building footprint, I would first look at the access and see if it fits the fire department requirements. Then, I would analyze the topography and aspect of the site. Are we located in a chimney or saddle? Which Aspect? Is the topography aligned with the Santa Ana Wind? Could the driveway be used as a control line?

2-Material and Assembly: As part of the fire department requirement exposed materials must be fire-rated class A in Very High Hazard Fire Severity Zone. Designing Non-Vented attics limit the risk of ember cast. The right selection of windows is also critical and can be the weakest point of a home. Also if the budget allows it, adding cement board under the plaster/stucco can make a huge difference.

I compiled a 16,000-plus word timeline and story on all that U2 guitarist The Edge went through to try and build five homes on Sweetwater Mesa. I call it “If You Want to Kiss the Sky, Better Learn How to Kneel.” Would you like to read it?

I did read it! I think it would make a great Netflix show, I was especially stunned by the result of the last appeal. (But I don’t want to spoil the story).

Malibu isn’t easy. My friend calls it “economic cleansing.” But if it was easy, it would be indistinguishable from Orange County, and who wants that? But it appears you are finding it rewarding.

The whole process is time and money-consuming, which discourages families from building and favors the rise of spec homes.

Overall — what are your five favorite, most inspiring buildings/houses in the world? 

This is a tough question. I think to be inspiring, a house must fit its site, considering its constraints and advantages. The design must be uniform, not a patchwork of different styles, and without any useless ornaments. 

What are your five favorite houses in Malibu you didn’t design?

  • The Hunt House by Craig Ellwood
  • The Wave House by Harry Gesner
  • Carbon Beach House by John Lautner 
  • Richard Meier’s houses
  • 747 Wing House by David Hertz

What are your five favorite houses in Malibu you did design or collaborate on?

I don’t play favorites. Which of your children do you love the most?

Malibu City Council grants Malibu Township Council’s appeal of the Malibu Inn Motel approval 

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Malibu Inn Motel. Photo by Samantha Bravo/TMT.

Developer can possibly resubmit a modified application 

By Barbara Burke

Special to The Malibu Times 

“This project NEVER should have made it to the Planning Commission, let alone to the City Council,” said Jo Drummond, Malibu Township Council president. 

Drummond made the comment after the Malibu City Council met on May 13 and granted the MTC’s appeal seeking review of the Malibu Planning Commission’s approval of an application to build a proposed two-story Malibu Inn Motel. The name of the proposed project is Surfrider Plaza. The council voted to approve MTC’s appeal by a 4-1 vote, with Councilmember Paul Grisanti dissenting. 

The council’s approval of MTC’s appeal has the effect of denying the project, which could be brought back for approval if the developer makes changes that were identified at the council meeting.

“This speaks to the heart of the people of Malibu.” Drummond stated after MTC prevailed. “We did not come here for a concrete wall of hotels. We came for the pelicans, the surf, the sandpipers, the native bush sunflowers on the bluffs, and everything beautiful here.” 

The project’s procedural and substantive history

In a very lengthy meeting involving testimony in opposition to the project by approximately 40 upset citizens in opposition to the project, the City Council granted MTC’s comprehensive appeal from the Planning Commission’s approval of the proposed project, which was to be located at 22959 Pacific Coast Highway. The project would have been situated on the landside northeast of the Pier, niched between Aviator Nation Dreamland and the Chabad, its early childhood education center, and the rabbi’s residence. Currently, the parcel is a parking lot. The council directed staff to draft a resolution granting the appeal and denying the project application. 

The proposed project would have involved construction of a new 7,693-square-foot, 20-room motel above a new subterranean garage. The project included a surface parking lot, resulting in a total of 47 parking spaces, a rooftop terrace with a swimming pool, hot tub and pool bar area, grading, retaining walls, landscaping, and a new onsite wastewater treatment system. The applicant also sought authorization for Richard Mollica, the City of Malibu’s Planning Director, to submit a letter of public convenience or necessity for the sale of alcohol. 

Malibu-based Burdge and Associates, Inc. is the project director. The property is owned by Surfrider Plaza, LLC, a Beverly Hills-based entity that is owned by applicant Alexander Hakim. Hakim originally filed a permit request for the project on June 11, 2018. 

The Planning Commission approved the project on May 31, 2023. The MTC appealed to the council on July 27, 2023, asserting more than 20 substantive challenges to the commission’s project approval. On March 15, the City Council deferred consideration of the appeal, which had been scheduled to March 25. 

Unfortunately, Mollica was unable to attend the May 13 council session due to a long-planned prior engagement.

“MTC moved to continue the first hearing, which would have been in March,” Doug Burdge said. “Had we known that the planning director could not attend the May 13 council meeting, we would have asked for another continuance so that Mr. Mollica could attend. The councilmembers seemed surprised that he was unavailable to attend the May 13 council meeting.”

Any possible next steps available to the applicants to redesign the project are unclear

Burdge described the subject project as “basically like the Surfrider Hotel, except this project has a pool.” Notably, Burdge was also the architect for Surfrider Hotel.

“We have listened to all of MTC’s objections, and we intend to meet with Mr. Mollica as soon as possible,” Burdge said. “However, until we meet with the planning director, we do not know what our next steps will be regarding whether and how we might modify the application and possibly try to move forward on this project.”

Burdge stated that he will tell The Malibu Times about any next steps after his team meets with the planning director.

Citizen advocates’ positions concerning the project’s status 

Trevor Neilson, Malibu resident and environmental advocate, declared that Malibu officials, including Grisanti, who is a real estate agent, assistant city planner Adrian Fernandez, and Mollica may have “colluded to manipulate city codes with regard to Surfrider Plaza.”

Discussing the project after the council voted, Drummond first addressed the role of MTC in local policymaking.

“MTC serves as a civic monitor, analyzing governmental decisions that harm the environment, public safety, or Malibu’s natural beauty and charm,” Drummond explained. “MTC’s involvement on each issue has ranged from hiring experts to conduct research, to conducting community education, engagement, and publicity programs. We appreciate the ongoing support of our residents.”

Addressing specifics, Drummond asserted that the project is out of alignment with applicable city and building codes because there were inadequate environmental impact assessments and the project failed to address lost-cost accommodation requirements. 

Neilson chatted with The Malibu Times about many citizens’ opposition to the project, saying, “It’s a controversial project and the Planning Commission erred in approving several variances, including construction on steep slopes, parking within the front yard setback, extensive grading involving 12,648 cubic yards of soil, with 11,860 cubic yards to be exported, building height that exceeds standard restrictions, and a proposed retaining wall projected to reach 52.5 feet, which far exceeds permissible limits.”

Critics of the project also maintain that it conflicts with the goals of Malibu’s Mission Statement which emphasizes environmental preservation and sustainable development. 

Further, they assert, the project would disrupt coastal bluffs and community character. 

“The Malibu Inn Motel exemplified everything wrong in the Planning Department, which has gone unchecked for years,” Drummond said. “An investigation must be conducted to understand how the City accepted this proposal when it was delinquent on many levels.”

Drummond also said, “Malibu residents expect a simple thing — to honor and respect the mission, vision, and General Plan of the City of Malibu. Visitor-serving recreational opportunities must remain subordinate to our natural, cultural, and rural settings and resources.”

The events of the City Council meeting deliberating whether to approve of MTC’s appeal were heated and lengthy. Those testifying in opposition to the Malibu Inn opposed many elements of the proposed project.

Notwithstanding whether one agrees with MTC’s appeal, or with the Planning Commission’s ruling approving the proposed project, the exchange between councilmembers, city staff, and many vociferously objecting residents exemplified how citizen advocacy can influence the outcome of a City Council meeting.  

Ultimately, whether or not there is a hotel built on the parcel at issue, it is worth noting that the democratic principle of recognizing and respecting the critical role of citizen engagement in the local decision-making process was acknowledged by the City Council. 

Thus, the meritorious goal of ensuring that Malibu’s local government must be transparent, accountable, and effective was in force at the council meeting, as it should be. 

Discussion on Next Week’s City Council | May 28

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Ceremonial/Presentations: 

  1. None.

New Items: 

  1. Community Facilities District No. 2006-1 (Carbon Beach Utility Undergrounding) – Levy of Special Tax for Fiscal Year 2024-2025
  2. Award Morning View Drive Rehabilitation and Drainage Improvements
  3. Los Angeles County Measure M Transportation Funding Agreement
  4. State Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account (RMRA) Funding and Project List
  5. Professional Services Agreement for On Call Environmental Consulting Services
  6. Professional Services Agreement for Plan Check Consulting Services
  7. Professional Services Agreement for Geotechnical, Coastal Engineering, and Environmental Health Consulting Services
  8. California State Senate Bill (SB) 379: Online Solar Permitting Platform for Residential Projects
  9. Professional Services Agreement with Granicus LLC
  10. Amendment to Professional Services Agreement with Michael Matthews for Consulting Services Related to School Separation
  11. Amendment to Professional Services Agreement with SDI Presence (Continued from May 13, 2024)
  12. Investment Report for the Month Ending April 30, 2024.

Ordinances and Public Hearings:

  1. Collection of Fees for the Implementation of the California Integrated Waste Management Act within the Malibu Garbage Disposal District
  2. Amendment to Malibu Municipal Code Chapters 15.40, 15.42, and 15.44 To Require Additional Onsite Wastewater Treatment Systems (OWTS) Requirements for Home Occupation Uses that Place Additional Strain on the OWTS
  3. Proposed Budget for Fiscal Year 2024-25

Old Business:

  1. Zuma Foundation Inc. Road Race Agreement (Continued from May 13, 2024).

To view the full City Council Agenda, visit malibucity.org/virtualmeetings.

And the band plays on! The New Old will launch the summer concert series at Dreamland on May 24…not on Trancas Lawn as contemplated

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The Aviator Nation Malibu store is shown on Pacific Coast Highway. Photo by The Malibu Times.

​By Barbara Burke

Special to The Malibu Times

The City of Malibu’s Planning Commission did not approve Trancas Country Mart’s application for a conditional use permit to hold 75 events every year at its May 20 meeting.

Rather, the Commission approved a temporary conditional use permit allowing the venue to host 15 outdoor events on Trancas lawn through October, with the understanding that Trancas Country Mart may submit a new application to host events after that.  

That said, because the Commission made its decision on May 20, and the first concert was planned for May 24, there was not sufficient time for the applicant to provide the 21-day notice required under City regulations. 

​The practical effect of the Commission’s action was that The New Old will not be able to launch the concert series at Trancas Lawn on May 24. 

Undaunted, Johnny “Guitar” Watkin, band leader, announced on social media, “The band moved the Friday gig down the PCH! We will take the stage at Dreamland on May 24 at 6 p.m. and we will play until 9 p.m. with a cover of only $10.” 

“The City Council has not yet considered the new temporary use permits ordinance,” said John Mazza, Chair of the Planning Commission explained, noting that reality explains why the applicant, Commissioners and the community were thrust into the present conundrum.

Malibu Times will update readers about the nuances of the permit application processes for events on Trancas lawn when it is next considered by the Planning Commission.

Malibu’s New Old Band carries on the tradition of legendary Lenny Goldsmith

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Lenny Goldsmith has been performing in public since he was five years old in a career that has taken from the smallest clubs to the largest arenas in the country. Contributed Photo

By Barbara Burke

Of The Malibu Times

“When all 12 members of the New Old band kick off the summer music series at Trancas on May 24, they’ll be doing it for the first time without their legendary band leader, Lenny Goldsmith.” said Johnny “Guitar” Watkin, who has been playing with Goldsmith for almost 20 years.

Goldsmith has been performing in public since he was five years old in a career that has taken from the smallest clubs to the largest arenas in the country.

“He’s played with everyone from Harry Nilsson to Tower of Power with an irrepressible energy and an unmistakable voice,” Watkin said. “It’s like a cross between Ray Charles and James Brown with a little bit of Robert Plant thrown in for good measure.”

Watkins explained that approximately 20 years ago, Goldsmith noticed some confusing changes with his body. 

“His speech became less clear, his walking seemed more labored, and his balance began to deteriorate.” Watkin shared. “He decided to start performing on a stool, although it didn’t seem to affect his performances — he was exactly the same.”

Goldsmith, Watkin jovially added, “would still be barking out instructions and chord changes from his stool and we were just expected to follow as always!”

Doctors were mystified with Goldsmith’s medical condition. 

“It had elements of Parkinson’s, but there were some things that were different going on.” said Goldsmith’s family friend and physician, Dr. Suzanne Donovan.  

Finally, late last year, Goldsmith received a diagnosis — he is suffering from Shy Drager Syndrome, also known as MSA, a rare disorder that affects the nervous system.  With his typical resilience, Goldsmith wrote a song about it called, “Until I’m Not.”

At the end of last summer, the band announced its concert, closing out the 2023 Summer series at Trancas, would be the final show with Goldsmith at the microphone.

“It was an incredible night!” local musician Andy Jackson said. “Lenny was at the top of his game, and people were kind of dancing and crying at the same time.”

Watkin shared his sentiments about the first Summer concert: “It will be a little strange being there at Trancas without Lenny — but we’re bringing in some amazing guest vocalists to take over, including Michelle Wolf, a top session and recording artist for the last 25 years, and Daniel Paige, who is a local musician and protege of Doors’ guitarist Robby Krieger.”

Pausing to reflect, Watkin added, “Lenny will be with us during that concert in spirit — his influence is all over these songs.”

The New Old takes the stage at Trancas Lawn on Friday, May 24, starting at 6 p.m. 

The event will not be held at Trancas Country Market, read updated article here: “And the band plays on! The New Old will launch the summer concert series at Dreamland on May 24…not on Trancas Lawn as contemplated”

‘A proud father and husband’: Derek Schimming remembered at Sunday’s Art Show at Legacy Park

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Danita Schimming and her daughters Steele, Aubrey, and Tashina pose with a photo of Derek Schimming at the Malibu Art Association Art Show at Legacy Park on Sunday, May 19. Derek Schimming died May 14 after having a medical emergency while driving. Photo by Samantha Bravo/TMT

The Malibu Art Association held its art show at Legacy Park and honored Schimming and his work

“His heart was so big and so full of love, and it came out in every single thing that he did, whether it was helping kids with the surf therapy or mentoring people in art, whatever he did, he did it big,” Danita Schimming said about her husband, Derek. 

On Sunday, May 19, Danita and her daughters Steele, Aubrey, and Tashina attended the Malibu Art Association Art Show at Legacy Park to show his artwork along with the other artists on the board.

“Initially, it was bittersweet because we thought, ‘oh no we couldn’t handle it, it’s going to be too emotional,’ but I thought, ‘I know this is what Derek would want,’ and what an honor for him and for everyone to come out and to enjoy the art that he created,” Danita said. “He was so passionate about it, he would sob when he would paint, it was so emotional.” 

Last week, Schimming, a Malibu resident, was involved in a fatal traffic collision near Paradise Cove and Winding Way.

The Malibu/Lost Hills Sheriff’s Department confirmed Schimming had a medical emergency before the crash. Sgt. Chris Soderlund said an autopsy is pending to confirm the exact kind of medical emergency. Schimming was 60 years old.

The following day, friends of Schimming shared their condolences on social media after hearing the news. 

Friends described him as “unique, positive, passionate, kind, motivated, hardworking, and giving person and a beautiful human being.” He was always talking about his wife and daughters, and was described as “a proud husband and father.”

“It’s with a very sad heart that I just confirmed that my good friend Derek Schimming was the one killed in yesterday’s Malibu Accident on PCH,” Fireball Tim Lawrence said on Instagram. “Speed was not a factor, but something that could have been avoided with N/S lane separation. Derek was an amazing Artist and loved Malibu. I will miss you, my friend.”

Lawrence, who serves on the Malibu Arts Commission, said Schimming was a pillar in the art community here. “I’m going to really miss him,” he said.

“We are deeply saddened to learn that our dear friend Derek Schimming died yesterday. We all knew him as a wonderful artist, but more importantly, as a true friend,” the Malibu Arts Association shared on Instagram. “He will be sorely missed. Our deepest sympathies are with his beautiful family.” 

Being a board member of the Malibu Arts Association, Schimming was well-known in the arts community. 

The association featured Schimming, who served as their treasurer.

“We realized that many of you do not know the board members of the Malibu Art Association,” the association’s post continued. “These people work tirelessly behind the scenes to keep the association alive. So we also will be occasionally featuring board members.

“Derek is an abstract expressionist and his art is influenced by his father’s works from the 50s and 60’s with mid-century modern vibe. Growing up with a father who was an architect/artist and art collector and a mother who owned an art gallery and helped cultivate new artists, Derek was exposed to a variety of arts and styles and from a young age showed a great appreciation and his own artistic style. Without formal training Derek expresses himself via the emotions of life and past events, conveying from his mind’s eye to the canvas. Working primarily with oils and acrylics his non-traditional style produces unique and vivid works with multiple details and depth which draws in the viewer and allows them to discover different subtle nuances with each viewing.”

Schimming has also volunteered with organizations such as the Children’s Lifesaving Foundation last year for their Coastal Eco-Mariners Surf and Beach Camp at Zuma Beach.

“The Malibu art community is saddened to hear of the death of our friend and fellow board member Derek Schimming. He was known for his amazing smile and for his endless support. He was one of those guys who would give you the shirt off his back if you needed it. He was so supportive to the established and the newer artists in the community,” friend Tim Horton said on Instagram. “A very talented artist himself, he worked tirelessly promoting art in Malibu. He was involved in many local services, including surf therapy with the Malibu Underdogs. He will be missed.”

His daughter Steele said her dad was so excited to be at the art show on Sundays.

“Having his art here just solidifies the embodiment of his art, and I know he would be so thrilled to be here,” Steele said. 

“Go big or go home, that was Derek,” Danita said. “This is who he is, so he really lightens me up and become more open and free-spirited and it was really important for him to leave a legacy and I really feel like that’s what he has done.”

Friends continue to comment on posts about Derek, expressing their sympathy and how much he meant to the Malibu community.

“What a huge loss to our community,” Emily Scher commented in one post. “I am honored to have been his friend.”

The City of Malibu also released a statement on the incident. 

“It is with heavy hearts that the City of Malibu marks another fatal traffic collision on Pacific Coast Highway (PCH) in Malibu on May 14,” the press release says. “Malibu sends its condolences to all those impacted by this tragedy. Every life lost is one too many. Improving PCH Safety remains a top priority for the City, and we continue to work with our legislative partners, law enforcement, state partner agencies, and the community to find solutions.”

To learn more about Schimming and his artwork visit the Malibu Art Association on Instagram at malibuart_association.

Derek Schimming at The Malibu Art Association first annual Holiday Boutique in Dec. 2022. Photo by Emmanuel Luissi/TMT.

FROM THE LEFT: Dealing with transit crime in LA County

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Lance Simmens

By Lance Simmens

Having spent a large part of my life in big cities on the East Coast, where transporting oneself around town, or finding a parking space, can significantly alter one’s day and increase the stress levels of constantly running late, I learned to navigate via public transportation. 

When traveling in NYC, I would take the subway; while in Chicago the ‘L’; in San Francisco, BART; in Atlanta, MARTA. In most large cities there is an abundance of avenues for transportation: subways, elevated trains, commuter trains, buses, and the trolley cars that wound through the city streets. It was easy, it was relatively inexpensive, they ran constantly, and if the hour was late you could always flag down a taxicab or now use Uber. In essence, public transportation solved the need for freedom to travel inexpensively, whether it be for work or for pleasure, or both. It also reduces the ill effects of auto emissions and the frustration of traffic jams.

Having lived in Los Angeles for the last decade, and watched my blood pressure rise as the abundance of freeways contained lines of crawling red lights that represented brake instead of accelerator power and an unfathomable line of automobiles inching their way across five or sometimes six lanes of traffic. I came to accept defeat at the hands of car culture and long for the days when trains, if not trolleys, might make a comeback. Lo and behold that day has arrived. The building of the light rail system and a semi-subway system that hopefully one day soon will reduce the headache of having to drive one’s automobile to LAX hopefully will be completed before I no longer either have the desire or the patience to fly anywhere. 

I have studiously mastered the art of navigating travel by bus and light rail throughout the Malibu-Santa Monica region at times when I either did not have use of nor wish to drive deep into the metropolitan vortex for various appointments (re: doctor’s offices or hospitals, or sporting events) and find the public transportation system both comprehensive and enjoyable. Unfortunately, in addition to the thrill of discovering new ways to both save money on gasoline and to prove to myself that there is sufficient satisfaction, indeed a feeling of youthful discovery, in figuring out how to utilize this public accommodation, there is a catch. 

As in most things in life, there is a pro and a con, namely others who have figured out how they can benefit from this abundant treasure.  While the rails and trails of steady routing end up taking you eventually right back to where you started, it also provides one a way of stopping at various points along the way. But the vehicles that are designed for transportation have become convenient places to rest while either passed out or simple looking for a place to sleep. 

The circularity of their existence represents at least movement, but it is a dead end. I have traveled on many transit options in my life and for those who are simply looking for shelter or a place to rest, there is a temptation to interfere with those who are primarily using it, for whatever reasons, as a way for going from point A to point B. Violence and lawlessness, such as burglary, theft, and frustration and hunger, can make these marvels for transportation both uncomfortable and dangerous. 

Lately, there has been a spike in attacks upon transit riders and operators that has led LA Mayor Karen Bass to act to provide far more public safety protections than are currently in use on the city’s trains and buses. The Los Angeles Times has reported that LA Supervisor Lindsey Horvath, who serves as chair of the LA County Board of Supervisors and member of the Metro Board of Directors, has introduced a motion to address violence on buses and trains that will be heard by the full Metro Board on May 23. Horvath offers “We are looking at a 10 percent increase in the cost of Metro’s law enforcement contracts next year with any increase in presence.”  Horvath adds frustration that the current state of affairs “is unacceptable. We need safety personnel on every Metro bus and rail line to keep our riders safe.”

Bass is presenting a motion before the Metro Transit board meeting on May 22 that will “expand cellphone service in underground stations and aboard moving buses and trains as well as establish a unified command between Metro securing officials and law enforcement agencies … and will increase the number of uniformed officers actually riding and patrolling buses …immediately.”

In addition, Metro drivers staged a “sick out,” calling in sick to protest conditions they have faced, and the transit system has approved new plexiglass barriers on 2,000 buses. LA County Supervisor Hilda Solis has offered “Metro will install barriers on every bus by the end of the year.”

Our local officials in LA County and the city deserve kudos for acting swiftly and decisively to make our public transit system as safe for Los Angelenos so those who choose to use and depend on a safe system can do so without fear of violence.

FROM THE RIGHT: Dealing with transit crime in LA County

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By Don Schmitz 

The beatings, stabbings, and murders on the Metropolitan Transit Authority’s (MTA) buses and trains have reached the point whereupon the violence can no longer be ignored. Reports are almost daily in the papers and broadcasts. 

In February, a passenger was killed on a bus in Koreatown, and in April, a 67-year-old woman was stabbed in the throat on a train by a robber taking her purse. Drivers are also being attacked, with 12 assaults in February and 10 in March. Fed up, the driver’s union organized a “sick out” this month to protest the violence, and Mayor Karen Bass and the LA County Board of Supervisors are paying attention and promising action. In deciding how to fix the obvious threats to public safety, it is important to see what transpired for us to get here. Gone is the catch-all excuse for everything bad, the COVID pandemic. Barring some general psychosis that has suddenly gripped transit riders, these violent trends are attributable to bad public policy. The first and obvious factor is the permissive attitude of District Attorney George Gascon. 

Word got out a long time ago that criminals have little to fear from the legal system in LA County. Misdemeanors, and sometimes felonies, are not prosecuted, while criminals are released without bail on their own recognizance the next day. The second factor is how policing of the transit system has evolved. In the 1990s the MTA Board decided to disband the MTA Transit Police, replacing it with a Sheriff Department contract. The LA County Sheriff’s Department is a highly professional and historied department that runs our prisons, and patrols various county areas and contract cities. However, the transit environment is specialized, and perhaps a general law enforcement agency isn’t the best fit. The MTA voted last year to create a new police force dedicated to patrolling the system. 

When the “defund the police” insanity gripped many left-leaning cities during the BLM/Antifa riots, the LAPD saw its budget slashed by $150 million in 2020, but in reaction to the spiking crime the MTA increased the transit police funding by $36 million in 2021. The beatings and murders are terrifying to riders, so Bass has announced an “immediate surge” in uniformed officers riding the buses and trains, and over time, the number will be increased by 20 percent. Riders are commenting on the obvious increase in police presence. County Supervisor Janice Hahn stated it was “essential” to increase visibility and that “We need law enforcement riding our buses and our train. The violence against our riders in recent days and weeks demands an urgent response.” 

The MTA is also going to improve cellphone reception in the underground stations and moving buses and create a unified command center. Plexiglass barriers to protect bus drivers are to be installed on all buses by the end of the year, and soon the board will vote on doubling the number of security officers, an increase in public safety spending by 11 percent. 

These logical steps aren’t without detractors. During the “defund” madness in 2020, “activists” called for redirecting MTA policing expenses to social programs. They argued that transit crime was “relatively low,” and that the money would be better spent on homeless outreach and free fares. Currently, LA Metro has a large group of purple-vest-wearing social workers assisting the homeless who are taking over cars and buses, jeopardizing public safety. California has spent $24 billion on homelessness in five years, which they didn’t track, while LA has spent billions more, yet the problem is worse, as is mental health and addiction. We are working on these problems, but public safety and law enforcement must be the priority. To their credit, mainstream Democrats have quietly abandoned the defund movement of the far left, as personified recently by the Democrat-dominated MTA. 

In 2022, our 25 largest cities police budgets increased from FY 2019 to 2022, most of them run by Democrats. Simply put, they tried slashing police in 2020/21 and replacing them with social programs, and it was an abysmal failure, with predictable spikes in violence and property crimes. Defunding was erroneously couched in racial and social justice terms, but polling has shown that blacks, more often victims of crime, were strongly opposed to the defund movement. It was a transitory period of insanity, whereupon radical activists like Mariame Kaba wrote an op-ed in The New York Times titled “Yes, We Mean Literally Abolish the Police.” They also advocated for abolishing prisons, and California has reduced its inmate population by 26 percent in five years, with a surplus of 15,000 empty beds. From our transit to our cities and our homes, the data is in —emptying our prisons and being soft on criminal policies have endangered us all, and citizens across the political spectrum are demanding a return to law-and-order policies.