On Jan. 24, the City of Malibu participated in the 2024 Greater Los Angeles Homeless Count along with The Los Angeles Homeless Service Authority (LAHSA) and community volunteers. The local count showed 51 people experiencing homelessness in Malibu, the lowest number since 2016, when the City began participating in the Homeless Count, and a 30 percent decline since the 2023 Count. The data follows reports from the Citys Homeless Outreach Team through The People Concern that they helped 51 people in Malibu exit homelessness in 2023 through placement in permanent and interim housing, or family reunification. For more information about the City’s efforts to address homelessness, visit the webpage.  

Encampment cleared in Rambla Vista area

On Jan. 30, city staff coordinated clearance of an encampment in the Rambla Vista area in response to community concerns. City staff worked proactively to engage with the person experiencing homelessness on multiple occasions in hopes of providing outreach services but were unable to engage with the person. The encampment was cleared, and debris was removed. City staff will work with the Los Angeles County Sheriff’s Department to ensure the area remains free of any encampments. For more information about the city’s efforts to address homelessness, visit the webpage at www.malibucity.org/homelessness.

Old School Malibu remembers one of its own and embraces those he left behind

By Barbara Burke

Special to The Malibu Times

Hundreds gathered at Zuma Beach Tower 10 on a cold rainy morning to commune and share stories about one of Malibu’s own, Lyon Herron, 32, who passed away on Dec. 17. He entered hospice care after fighting a relentless disease he was diagnosed with at the age of 4. As he prepared to transition, Lyon was supported by loving family and friends. 

“Today was wrapped up in so many layers of emotion,” said Barbie Herron Conkling, Lyon’s mother. “Lyon started the day off by sending us the most vibrantly magical rainbow.” She referred to a stunningly gorgeous rainbow spanning over the entire expanse of Zuma Beach as the memorial at the beach began.

Beautiful Hawaiian leis were worn by many attendees and some were gently laid on the beach and placed in the ocean, their fragrance adding sweetness to the memorial paddle-out. 

At Duke’s, where Lyon used to work, an enormous group of locals and some folks who traveled a long way to join the memorial gathered to share and celebrate Lyon’s life.

“Lyon had the best nature and was the most good-hearted person,” Jimmy Chavez, Duke’s manager, said. “I knew him since he was a kid — he was generous and gracious and was a purely positive soul. He was always so humble and so kind.”

As attendees entered the reception room, large posters with Lyon’s pictures warmly embraced them. Lyon on his dirt bike, proud and strong. Lyon radiantly smiling as he stood in the ocean, immersed in a gentle, healing sea of tranquility that served as a source of strength for a fierce warrior battling an incessantly stubborn disease. Lyon surfing. Lyon the warrior bearing one of his hallmark T-shirts embossed with “F*#@k Cancer!”

Attendees signed a surfboard in Lyon’s honor.

“The Malibu tribe was reunited to embrace Lyon, one of our favorite natives.” Matt Diamond said. “Lyon’s last wishes were to be celebrated by Backbone 69, the heart and soul of the Malibu music scene from the mid-’90s to the mid-2000s. Today’s memorial jam was to celebrate Lyon’s life as well as that of Chris Williams, the founder of Backbone.”

Original members of Backbone who performed were: guitarist Duane Betts, drummer Alex Orbison, bassist Damon Webb and a special guest guitarist Elijah Blue. 

It was one of those uniquely Malibu parties celebrating Old Malibu, the Malibu where Barbie Herron grew up, had Lyon when she was young, raised him, and fiercely helped him wage his war against illness. 

“Lyon was an enormous foodie,” Barbie said. “So, of course it was fitting that the menu would be delicious, including Ahi poke, roasted hulu chicken, and Kalua pork, macaroni salad, jasmine rice and salad … and lots and lots of desserts.”

“Lyon’s energy was strong and everyone could feel it at the paddle-out,” Mike Curtis said. “Surfing today wasn’t easy — it certainly was not glassy.” 

Perhaps an unintended metaphor for Lyon’s lot in life — his life was anything but smooth as he constantly faced medical challenges. Yet, he still resolved to enjoy life as best he could, and then some.

“Lyon never let his illness take over his life,” Jackson Wirth said. “He was an amazing guy — one day he’d be out there surfing and then, he’d have surgery a few days later.”

Mike Downing recalled Lyon tagging along with his family on a visit to Hawaii. 

“My son Cheyne and Lyon were friends and Lyon was always at our house,” Downing said. “He was always a nice, friendly kid and he didn’t mind if he had to sleep on the couch in Hawaii — he was delighted to join us and surf. Everyone loved Lyon and his energy.”

So many memories. So many accolades. So many tributes.  Wirth summed up what those gathered at the memorial at Duke’s shared. 

“Lyon was the cornerstone of the community,” he said. “Even those who did not know him personally admired him greatly.”

“I’ve known Lyon since he was a teenager,” Dave Olan said, texting in from India where he is traveling. “He was a kind and cool guy who had an amazing style and he fought his disease against all odds for so many years with such dignity and poise. 

“The torrential downpours in Malibu today represent the tears of Lyon’s stalwart Malibu family.” 

Lyon is survived by his mother, Barbie Herron Conkling; his stepfather, Rich Conkling; sister, Bella Herron; brother, Harper Rae; his father, Troy Bygrav; his stepmother, Alison Bygrave; and his sister, Mackena Bygrave. Lyon is fondly remembered and sorely missed by a voluminous number of Malibuites who surfed with him, attended school with him, worked with him at Duke’s Restaurant and a wide community of well-wishers, all of whom comprise his tribe.

Private firm is appealing suspension handed down after allegation made by MRCA officials 

By Barbara Burke

Special to The Malibu Times

Gates Security, a private security company that offers services in Malibu under the moniker Malibu Patrol, has resumed full operations for clients in Malibu and nearby communities, according to the company’s CEO, Scott Wagenseller. 

He explained that the company’s license to operate was suspended for 60 days by the California Department of Consumer Affairs, Bureau of Security, and Investigative Services after an administrative hearing on Oct. 17, 2023. The hearing addressed, among other things, an allegation that, by using the term “ranger patrol,” Gates operated so as to give “the impression that it is connected with a federal, state or local law enforcement.”

Among other complaints at issue in the hearing was one made in February 2023 by Mountains Recreation and Conservation Authority Ranger Walt Young, now retired. Young investigated Gates, reviewing the company’s social media posts. He reported that there was a Gates security employee with the word “Ranger” on the back of his shirt, that some of Gates’ security cars did not have a statement that the cars were available for “security patrol,” and with regard to one of Gates’ vehicles, there appeared to be a long gun on a dashboard. Finally, Young determined that one of Gates’ security personnel was wearing a gold, star-shaped shield with the text “@gs.ranger.patrol out again on trespassing issues.” 

At a May 2023 BSIS hearing, Young juxtaposed photos of Gates Security cars and vehicles belonging to the U.S. Border Patrol, the Los Angeles Police Department and the California Peace Officers Association.  

Administrative law judge Cindy Forman ordered Gates to ensure within 10 days that the company’s vehicles had “Private Security” printed on them. Forman also ordered that a person had to be able to read the lettering with that statement from a distance of 50 feet. She also mandated that no employee was to openly carry a shotgun or rifle while on duty and all guards had to have uniforms that bear the patches approved by the Bureau on both shoulders identifying they were with Gates Security.

At the October 2023 Consumer Affairs hearing, MRCA Executive Director Joe Edmiston testified that he had received several anonymous complaints about the issues before the administrative tribunal. However, Edmiston could not produce the complaints or the dates and times he received them. Darrell Readyhoff, a California Department of Parks and Recreation ranger, said that he had seen several Gates vehicles with “Ranger Patrol” signage several times, but he did not produce any photographs to document his claim. 

According to the administrative hearing transcript, security companies are not allowed to be “force multipliers,” a phrase used in law enforcement circles. and Section 7582.1(b) of the applicable code prohibits a person licensed as a private patrol operator from undertaking investigations “except those that are incidental to the theft, loss, embezzlement, misappropriation or concealment of any property or any other thing enumerated in this section for which he or she has been hired or engaged to protect, guard or watch.” 

The Administrative Judge noted that the use of the term “ranger” is prohibited because members of the public could confuse Gates, a private security company, with an official government vehicle. The judge gave Gates a 60-day suspension and placed the company on probation. She also ordered Gates to pay $5,000 for the investigation costs and the costs of prosecuting the case.

“Joe Edmiston took umbrage that we were using the term ‘ranger’ on some of our vehicles,” Wagenseller told The Malibu Times. “He and Walt Young created an egregious narrative against us.”

Wagenseller stated, “We made overtures to settle, but they wanted us to sign a settlement agreement admitting guilt and agreeing to the revocation of all of our licenses, one each for patrol, training, and alarms. We have an alarm license to respond to alarms going off and to install alarms. My alarm company wasn’t even involved in their allegations.”

Wagenseller recounted an incident in May 2022 when he was driving in his Ford Bronco and was carrying a longarm: “Park Ranger Readyhoff initially cited me for improperly having the weapon, but I carry federal credentials to have the weapon because I am in Navy Security operations. Therefore, the judge dismissed the allegation.” Wagenseller explained that federal law enforcement officials are exempt from state law requirements regarding having weapons.

“I learned that Joe Edmiston is responsible for a little-known law about the use of the term ‘ranger’ in private security firms,” Wagenseller said, adding, “Joe Edmiston is the only one who has complained about our company and, indeed, our officers spent a week helping officials from MRCA and the State Land Department when they needed help to keep hikers, mountain bikers, and visitors away from a burn area.  We donated our time and we do so on a regular basis.” 

Wagenseller notes that his company helps the City of Malibu and the Malibu Navy League with Navy Days and he stated, “we are glad to be of service.”

Wagenseller noted, “Joe Edmiston contracts MRCA’s security services with municipalities and agencies and apparently perceived our company as a competitor. I find it highly objectionable that he would use his state agency authority to cut down a competitor.” 

Wagenseller is seeking reversal of the entire administrative ruling.

“We are appealing the administrative ruling to Los Angeles Superior Court,” Wagenseller told The Malibu Times on Jan. 30, adding, “We are challenging all bases set forth in the administrative law judge’s ruling.”

According to Wagenseller, a conference hearing is scheduled for the end of this month and during that hearing, a date will be set for the Superior Court proceedings.

Joe Edmiston and MRCA did not respond to The Malibu Times’ request for an interview or comments as of press time.

On Friday, Feb. 9, Malibu Search & Rescue, LA County Fire Department, and California State Parks responded to a hiker stranded on a boulder above fast moving water. The hiker was unable to safely extricate himself. LA County Fire Department Air Operations helicopter 18 made quick work of the operation, safely hoisting the hiker.

The event will raise funds to benefit youth organizations, collaborate with local schools 

By Barbara Burke

Special to The Malibu Times

A few weeks have passed since the City Council issued a permit at its Jan. 8 meeting to Malibu Moves, LLC, authorizing that business to host a weekend of running races, including a half marathon, a 5K race and a children’s racing event as well as a series of other movement experiences to encourage participants of all skill levels to turn up and participate.

By awarding Malibu Moves the contract, the city rejected the recommendations of its ad hoc subcommittee that administered a request for proposals and evaluated the submitted bids. The committee recommended that the contract be awarded to Malibu Race Series, which operated the half marathon event last year under the moniker Run Malibu and was operated by Malibuites Cassidy Case Benadum and her spouse, Blue Benadum. 

Councilmember Marianne Riggins, an ad hoc subcommittee member, voted against the contract award decision.

Malibu Moves is owned by Erica Segel, who moved from her native Italy in 2011, spent five years as a personal assistant in Malibu, and started operating the half marathon in 2015. Until March of 2023, Segal was employed by Run Malibu. She plans to run the event in November 2024, according to the website.

“I am delighted that the city has awarded Malibu Moves an exclusive contract to operate the event,” Segel said. “I am taking the half marathon event to the next level by essentially reverse engineering it and analyzing the experience that participants will have to ensure they have a great time. Further, I am adding a 10K and am also including persons of every fitness level, including kids and our seniors who are sometimes left out of such events.”

Segal added that her concept includes a movement festival with booths where participants can experience the benefits of pilates, stretching, exercising for injury prevention, yoga on the beach, mindfulness, and meditation. Further, she noted that the event will provide local vendors in the health, exercise, and wellness sectors a spotlight so that attendees can be informed concerning all that they offer.

With regard to the community benefiting philanthropically, Segal stated that the event will raise funds to benefit youth organizations as the city requested and that her efforts will include collaborating with local schools. 

“There is power in feeling that one is a part of a group of between four and five thousand people who are exercising,” Segal said. “It elevates one’s energy.”

Run Malibu, which lost the contract award, reacts to the city’s decision

The owners of Run Malibu, the organization to whom the city’s ad hoc committee recommended be awarded the contract, chatted with The Malibu Times about the council’s decision to award the contract to Segal’s Malibu Moves.

“It is my understanding that not all members of the City Council had reviewed the requested and submitted event proposals prior to the Jan. 8 meeting,” Blue Benadum, co-owner of Run Malibu, said.  

“The decision was then made based upon the presentations,” he added, referring to the ad hoc subcommittee both reviewing the competing bidders’ written proposals submitted by those responding to the RFP and to the committee receiving live presentations from the competitors. 

“The Run Malibu presentation contained little more than a thank you speech as they had already been selected by the ad hoc (due to their review of the proposals) and had already signed the 5-year permit with the city prior to the meeting,” Benadum said. “The Malibu Moves presentation contained both slanderous and accusatory language in an effort to win the vote through a smear campaign. Specifically, the speaker, Ben DeWitt, accused Run Malibu of conducting an unsafe event when he was the paid contractor responsible for the safety plan, as well as race logistics, during the 2023 Run Malibu half. If the proposals had been reviewed by the entire council I believe it’s a no contest. 

“The Malibu Moves proposal lifts every organizational detail from Erica’s time as a paid employee of Run Malibu while offering nothing new or original. She was a paid employee for Run Malibu until early 2023.”

Benadum finished by stating, “ As one of the original founders of the Malibu International Marathon in 2009, I have enjoyed watching the legacy continue to grow and be a source of inspiration for our community for the last 15 years. Running is a big part of my family’s culture and we are passionate about what it can do for the health and happiness of an individual and for the community.” 

“Run Malibu began as a dream 16 years ago,” Blue’s wife, Cassidy Case Benadum said. “Blue had the idea to bring something he loved — running — to Malibu, where he lives, and he laid the foundation for the legacy we know today. He and his late friend, Alberto Perusset, came up with the idea while running around Lake Tahoe in 2008.”

Cassidy continued, stating, “Ultimately, the legacy of our event is far bigger than us. This legacy is for the countless people who join us to discover self-empowerment, achieve better health or take on a personal challenge. It is for the Boys & Girls Club of Malibu and our incredible community partners. Our legacy is our community, and one way or another, the legacy of the event will continue.”

Cassidy stated that one way they are carrying on the legacy is with their run program for kids called RunGroms that they brought to Boys & Girls Club of Malibu and Webster Elementary. 

Director of Streets Are For Everyone (SAFE) counters arguments against speed cameras 

It’s an unfortunate statistic making news recently. Traffic accidents killed more people than homicides in Los Angeles last year. Pedestrians made up most of those deaths as we know all too tragically with the deaths of four Pepperdine students in October. 

A frequent call to help make Pacific Coast Highway, that has seen the deaths of 58 people since 2010, safer is for speed cameras and red-light cameras to be installed in Malibu as soon as possible.

A lifesaving speed camera bill, AB 645, was signed into law by Gov. Gavin Newsom, but unfortunately Malibu is not one of the six cities authorized to launch the test program.

That news is unsettling for activist Damian Kevitt, founder and executive director of Streets Are For Everyone (SAFE), whose mission is to improve the quality of life for pedestrians, bicyclists, and drivers by reducing traffic fatalities to zero. 

Kevitt knows first-hand the grave consequences of reckless driving. In 2013, while bicycling through Griffith Park, he was the victim of a hit-and-run speeder. Kevitt was pinned underneath the car and dragged a quarter-mile onto the Interstate 5 freeway. He lost his right leg and 20 pounds of flesh. The driver has still not been caught and Kevitt is lucky to be alive. He’s dedicated his life to helping prevent further tragedies on Southern California highways and is a member of Fix PCH, a local safety advocacy group.

Kevitt reminded that speed is the chief factor causing traffic accidents. He is a strong proponent of speed and red-light cameras, legal in California, though controversial.

Vehicles that pass intersections after the light has changed red or turn right on red where it’s not allowed could be ticketed with the use of these much-criticized cameras. “The red-light camera law is pretty crappy,” Kevitt admitted. He called the legislation “poorly written. 

“There’s a legal loophole. They have to identify the driver and the fines are atrocious at $500,” he said.

Many argue the fines are not equitable. The cities of Los Angeles, Glendale, Pasadena, and Long Beach gave up on the cameras. They are still used, however, in Beverly Hills and Culver City.

“Using technology, there’s not an officer involved,” Kevitt said. “You’re essentially supercharging the system. The fines should not be $500. It should be more equitable.” 

Even though Kevitt is not a fan of red-light cameras, he makes an exception recommending them for Malibu. 

“The basic problem with PCH is speeding,” he said. “It’s designed as a fast road, essentially a freeway going through a city with a lot of pedestrians, businesses, and residences. It’s nuts to have a freeway at high speed going through the center of Malibu. It’s bonkers.”

Speed cameras used in the new state pilot program AB645 work differently according to Kevitt. After a warning for the first offense, a $50 fine is issued automatically to the registered owner of the vehicle going more than 10 miles over the limit. Fines increase as speeds do. No warning is given to extreme speeders going 50 miles over the speed limit. Funds raised from the program must be funneled back into traffic safety measures. 

“There’s more experience in what is an equitable use of technology to do traffic enforcement. So, it’s not a speed trap. It’s saving lives,” said Kevitt.

The SAFE director is calling for an immediate redesign of PCH, but called Caltrans a “slow, lumbering beast” due to bureaucracy. 

“Best case in five to seven years they will start redesigning a section,” he said.

Since speed cameras will take some time to implement, Kevitt suggests the use of red-light cameras that are currently legal. “You’ve essentially created a corridor speed can be managed,” he said.

While other speed lowering measures are planned, “you’ve got to do something to save lives,” he added. “Most people in Malibu can afford that ticket and honestly if they’re in Malibu and driving that rate of speed, f— ’em, they need a $500 ticket.”

Kevitt advocates for speed cameras on sections of PCH without traffic signals that may not see as much attention from patrols. “The combination of both types of cameras could be very effective for catching speeders,” he said.

And Kevitt has an answer for those who argue that usage of speed and red-light cameras with license plate readers violate privacy. AB645 he explained, “has more privacy provisions than your average parking tickets that are given by cameras.”  

AB645 is not allowed to use facial recognition software, only stills of license plates. 

“We don’t know who’s driving the car. We only know who it’s registered to. The ticket only goes to the registered owner, just like a parking ticket goes to the registered owner,” Kevitt said. “It doesn’t count on your record or against your insurance. It is literally a parking ticket. If you lend your car to someone who is irresponsible enough to get a $50 ticket, then you need to be a little more responsible about who you lend your car to.  There are provisions for those who cannot afford the fee. If a person’s image is captured on camera, the image must be destroyed under regulation within a week. Once the ticket is resolved, any photographic evidence must be scrubbed from the system within 60 days. It’s anonymized data.”

“The key to solving PCH is making sure the appropriate section, high density areas are slowed to appropriate speeds and designed to be slower. Ensure speeding laws are enforced,” Kevitt said. “Residents should be thankful there is more enforcement now, but you can only pull over one person at a time. Using speed cameras, so you essentially have a traffic officer there 24/7 is also key. Without either one of those you haven’t solved PCH. We can’t give up.”