Commissioners continue to argue over the position of chair and vice chair; ends the meeting with a 2-2 vote

The first item on the Planning Commission’s agenda was the rules of procedure and decorum, and rescinding Planning Commission Resolution No. 23-47, and since the re-election of Kraig Hill as chair and John Mazza as vice chair on Nov. 30, the Planning Commission continues to debate over the position of chair and vice chair.

Commissioners expressed their concerns, saying the arguments and discussions have wasted staff and community time. 

On Nov. 30, the commission voted on the motion to strike section 2.I.B.2, which stated, “No Commissioner shall be elected as either Chair or Vice Chair if he or she served as Chair in the four months immediately preceding the election.” The rules of procedure and decorum have been updated to remove that language and subsequent rules have been renumbered.

The item failed with a 3-2 vote.

The commission moved on to Extension of Coastal Development Permit No. 16-024, Site Plan Review No. 18-027 and Demolition Permit No. 19-022. The request is to extend the Planning Commission’s approval to demolish the existing foundation, swimming pool, and spa; abandon the existing onsite wastewater treatment system (OWTS); and construct a new 11,170 square foot, one-story, single-family residence, including an attached four-car garage and 992 square foot basement, swimming pool and spa, fire department turnaround and driveway improvements, retaining walls, grading, decks, open-air trellises, two water tanks, hardscaping and landscaping, and install a new OWTS, including a site plan review for remedial grading to remediate slope failure due to failed drainage devices.

The commission motioned to approve the item. The item carried with a 4-1 vote. 

The commission moved on to The Nobu Ryokan Motel and Malibu Tidepool Health Club Project. 

The Ryokan Project consists of a General Plan, Zoning Map and Local Coastal Program mapping amendments from Community Commercial to Community Visitor-Serving-Two for the existing Ryokan Hotel (22752 PCH) and Tide Pool (22762 PCH), a coastal development permit and conditional use permit for the conversion of the existing non-conforming use (motel and adjacent private gym and pool) to a bed and breakfast inn, the sale of alcohol for onsite consumption, and a lot tie for the two lots to operate conjunctively and conversion of office space in the Tide Pool building into a new guest suite for the properties located at 22752 and 22762 Pacific Coast Highway. 

Hill and Mazza said they were both contacted by the same person complaining about the noise. 

“There’s already too much noise coming from the pool area where nobody goes in the pool,” Commissioner Skylar Peak asked. “So there’s no specific, but there’s too much noise coming from the pool area?” 

Mazza continued to compare the Ryokan Project with the Malibu Inn Motel project. Concerns of parking was discussed and Hill said the amount of parking spots for each room was insufficient.

“If you start with 17 rooms, times two, that’s 34 spaces, with six employees, that’s still 40 spaces, and yet they only have 26,” Hill said. “We’re substantially under-parked for the range of uses that we’re talking about here. I find that problematic.”

Alcohol usage was also a concern to some commissioners.

“I think the best solution is to make it a CV1 and allow them to operate legally and in a coordinated way but not expand the intensity use,” Hill said. 

Hill introduced a substitute motion, with a condition stated: the swimming pool should only be used by guests of the facility; all lights must be turned off no later than 10 p.m., and all parking for staff must be provided on site. 

The commission approved the project with a 3-2 vote.

The commission addressed the proposed 2024 calendar and planning commission meetings. The calendar was approved 4-1 vote. 

The commission addressed the Coastal Development Permit Amendment No. 20-068 Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development. Peak recused himself from hearing and voting on the item. 

After the concerns about slopes, heights, and, view corridor, the commission denied the Coastal Development Permit Amendment No. 20-068. Motion failed by a 2-2 vote. 

The commission motioned to direct the applicant to bring back the project with adjustments. Applicant Don Schmitz said they would not be able to redo the project with adjustments; they would have to redo the entire house. 

The commission directed staff to bring back a resolution of denial. Assistant City Attorney Pat Donegan asked Mazza what the findings were that were the reason for denial, and Mazza did not answer what was the reason for denial; he just motioned to deny the project.

“I don’t have to do anything, I could make a motion and they can loose,” Mazza said. “I’ll make a finding that I do not have the information to be able to vote for this project on any level.”

The commission motioned to deny the project, motion carrying with a 2-1 vote with Commissioner Drew Leonard abstaining. 

The meeting was adjourned in memory and honor of Lyon Herron. 

Writing campaign raises questions concerning city’s proposed award for triathlon and half marathon contracts

By Barbara Burke

Special to The Malibu Times

​For 39 years, the Malibu Triathlon has occurred at Zuma Beach, with participants and citizens providing donations to fund pediatric cancer research at Children’s Hospital Los Angeles. Now, the city is in the business of selecting what organization has the right to run a triathlon and a half marathon in Malibu every year.

“We’re the subject of a letter-writing campaign concerning the proposed triathlon and half marathon contract awards,” said City Councilmember Paul Grisanti, who along with City Councilmember Marianne Riggins served on a Road Race Ad Hoc Committee tasked with evaluating the four proposals timely submitted by interested vendors hoping to host non-motorized racing events in Malibu.

Grisanti noted that the evaluation process included interviews with representatives of all the entities who submitted contract proposals.

​“At the council meeting, we’ll see whether the residents think we are correct regarding one or both of the proposed contract awardees and whether they are happy with them.” Grisanti added, noting that the request for proposals issued by the City on Aug. 30 stated that the city retained the option to award only a triathlon contract, only a half-marathon contract, to select both options, or to not award any contracts. The matter is slated for consideration at the Dec. 11 City Council meeting.

The triathlon’s decades-long history

​A bit of background assists in understanding the current triathlon contract situation. On Dec. 11, 2012, the council adopted City Council Policy #47 entitled the Road Race Policy, which provides that the city may grant a maximum of two temporary use permits for non-motorized racing such as marathons, triathlons, and cycling events per calendar year. 

​On Aug. 12, 2013, the city entered into a 10-year agreement with Michael Epstein Sports Productions Inc. to host the Malibu Triathlon through Nov. 1, 2023. However, in 2017, that right was transferred between two other organizations, Motiv Running and Nautica Malibu Triathlon, until Super League Holdings PTE LTD assumed the right to organize and operate the triathlon from 2020 through 2023. 

Readers may recall that the event almost did not occur in 2023 because Super League’s application for a temporary use permit was initially denied by the Planning Commission at staff’s recommendation, which was based on area residents not being timely provided with notice about the race. At the commission hearing, city staff stated such notice to residents was attributable to Super League not timely submitting a proposed map depicting the boundaries of the cycling portion of the event, which had to be reconfigured because the Zuma underpass remained closed due to intense rains in Malibu this spring. 

At the commission hearing, there was much discussion concerning alleged miscommunications between various agencies having jurisdiction over the Zuma underpass and the fact that federal officials stated that the lagoon fed by Malibu Creek holds tidewater gobies, a threatened species whose habitat cannot be disturbed. On Sept. 18, Planning Commissioners Kraig Hill and John Mazza voted to decline Super League’s application for a temporary use permit. 

Commissioner Dennis Robert Smith was unable to cast a vote due to technical difficulties he encountered when he tried to attend the meeting by Zoom, resulting in a 2-2 deadlock, which meant the application was denied.

Super League timely appealed and, on Sept. 25, the City Council conducted a thorough de novo review of the entire record before a full house of concerned citizens, most of whom urged the council to find a way to let the triathlon proceed. The council approved Super League’s application for a temporary use permit by a vote of 4-1, with Councilmember Bruce Silverstein objecting. 

The triathlon occurred on Sept. 30 and Oct. 1, raising nearly $1.25 million for CHLA, monies which many of those who testified before both the commission and the council noted helped CHLA to conduct cancer research and provide treatment to pediatric cancer patients, some of whom are from Malibu. Thousands of athletes, ordinary people, families with pediatric patients, and CHLA physicians and staff participated in the race.

The status of the triathlon and half marathon contracts

On Dec. 11, the council will consider whether to award the contracts for a triathlon and a half-marathon to the ad hoc committee’s proposed awardees, Malibu Race Series, LLC for the half marathon and Zuma Foundation, Inc., a new entity created by Malibu local Michael Epstein, who used to operate the marathon under the auspices of Michael Epstein Sports Productions Inc. 

“Malibu Race Series, LLC and Zuma Foundation, Inc. demonstrated a commitment to minimizing road closures and community impacts,” a staff report dated Nov. 9 stated. “The organizations will incorporate programs and partnerships with local organizations.” 

The report continues, “In addition to coordinating the adult races, each organization will plan a children’s race that will encourage fitness, goal setting, and the race experience. Fundraising opportunities will be prioritized for local, nonprofit organizations such as the Boys & Girls Club of Malibu and Malibu schools.”

Not everyone is happy with the proposals. Super League, which also sought the triathlon contract award, seeks to change the council’s mind.

The Malibu Times chatted with Kristin Riesgo, the city’s community service director, who oversaw the procurement process. 

“Councilpersons Grisanti and Riggins served as the procurement evaluation committee, reviewed the four submitted proposals, and decided to recommend awarding contracts to Malibu Race Series, LLC and Zuma Foundation, Inc.” Riesgo stated. 

Grisanti noted that “There was a keen interest in ensuring that local nonprofit organizations benefited from the events.”  

Super League Director Brendan Lindner disagreed with the decision.

“Super League Triathlon is extremely disappointed by the decision of the ad hoc committee to recommend that a permit be issued to Michael Epstein, who has sold the triathlon in the past for commercial gain,” he said. “We would only urge the full City Council to consider all the facts in their deliberations. Super League remains the owner of the event and its intellectual property, and this decision would set a very dangerous precedent for the industry in general and all who want to invest in sporting events.” 

Lindner elaborated, stating, “Super League Triathlon has owned Malibu Triathlon since 2020 and steered it through the challenging times of COVID, raising substantial funds for CHLA as well as revitalizing a race with a tremendous history and legacy in the sport. If this decision is made to award a new permit, it will be the end of 38 years of the Malibu Triathlon as we know it and its proven substantial fundraising for CHLA, which as so far brought in $18 million for pediatric cancer research, as well as being an important part of the community and delivering support for a significant number of local charities and businesses.”

Lindner stated, “We believe that we are the only operators in the process that can deliver events on this scale and with this level of impact for the community and charity.”

Most notably, Linder stated that he inquired about the ad hoc committee’s proposal evaluation process. 

“Super League is disappointed with the lack of clarity around the decision-making process and will be closely monitoring the final remarks,” he said. 

Linder noted that he was told by city staff that Super League did not win the proposed contract because it is owned by an out-of-country entity. 

“However, Malibu Race Series LLC, the proposed awardee for the half-marathon is also owned by a non-US entity.” Lindner noted. “The other reason staff provided for not awarding Super League the contract is that we suggested offering a two-day event, not a one-day event.”

That dog doesn’t hunt, Lindner maintained, as the proposed triathlon contract award also provides for a two-day event. 

“We have asked the City Council several times for a meeting to discuss the criteria used in the process, but have not received a response,” he said. “We are eager to engage in conversation about the future of the event and hope our continued requests to do so will be answered.”

Summing up, Lindner said, “Above all, Super League Triathlon remains committed to our partnership with Children’s Hospital Los Angeles and to raising money to support some of the most vulnerable people in our society, and we will take all necessary measures to robustly protect and defend this.”

Providing some perspective, local resident Will Gelner, who has participated in the triathlon several times, noted “The triathlon is for the good of the community and there are not that many things in Malibu that bring people together for a good cause.” 

Gelner added, “The triathlon is also good for people’s physical and mental health — it’s a win-win for the community and the participants. It’s Malibu at its best.” 

The Malibu Times reached out to Epstein, but has not received a response. We will keep readers informed about the council’s decision regarding the awards of the non-motorized race event contracts.

City of Malibu hosts holiday event featuring breakfast, storytime, arts and crafts, and visits with Santa and Mrs. Claus

By Barbara Burke

Special to The Malibu Times

The mood was festive, the breakfast delicious, and the story time entertaining.

The City of Malibu hosted Breakfast with Santa on Dec. 16. The event was a huge hit with attendees of all ages. Little ones decked out in PJs gazed in wonder at the lovely, brightly decorated room. City staff went all out — the idyllic event included a scrumptious full breakfast, enjoyed at tables with gorgeous decorations.  

Children thoroughly enjoyed the arts and crafts.

“I’m making a reindeer and I had a waffle for breakfast!” little Devi Khanna, 3, shared, sporting a shy grin.

“I think it’s a wonderful way to bring the community and families together in remembrance of one of the reasons for the season that is all about sharing goodwill and cheer.” Devi’s father, A.M. Khanna, said.  

“It’s my first Breakfast with Santa!” Kio Novina, a City of Malibu recreation assistant, said. “It’s very exciting to work at such a great holiday event that means a lot for the community.”

Oliver Hampel, 9, furrowed his brows in concentration as he finished all the details in his letter to Santa. 

“I’m asking for Roblox mini figures and comics,” he said resolutely, as his mother, Anna Hampel and little brother, Oliver, looked on.  

Three generations of the Solomon family thoroughly enjoyed the festivities. 

“We came to Breakfast with Santa last year, and now it’s a part of our holiday tradition as we celebrate Christmas and the birthday of our little Naomi, who will turn three next Sunday.” Caroline Solomon said. 

“This is a great event!” Ingrid Solomon, mother of the children’s father, Maurice said, as she smiled at Celeste, 8, Flora, 5, and Naomi. “It’s also a wonderful experience for our au pair.”

Smiling behind her stood the family’s new au pair, thoroughly enjoying being immersed in another culture’s holiday celebration. 

“I’m from a small village in Poland, Dolny Śląsk Świdnica,” Julia Plichta, the Solomons’ au pair, said. “I’m in love with this event and I’m so thrilled to come to Malibu!”

Down the hall, three generations of the Tellez family enjoyed participating in all the activities.

“We’re blessed to come down Pacific Coast Highway watching the ocean glisten and to have a joyful time as three generations come together in excitement to have fun.” Vesi Tellez said. 

The children’s abuela, Ana Tellez, added, “Spending family time during the holiday season with my daughters and granddaughters is a blessing!”

The littlest among the attendees, wee Bonde Gallin, a mere 6 weeks old, was quite oblivious to the gathering, but he vied for best costume as he sported a wee, wee Santa outfit. 

Adorable! Smiling, his mother, Chloe, assisted by nanny, Nicole Walker, shepherded the five Gallin children as they visited Santa and Mrs. Claus.

“It’s a beautiful day in Malibu and it’s exciting to be visiting from the North Pole!” Mrs. Claus said joyfully. “It’s fun to see all the smiling faces and to help make sure that everyone is ready for Christmas next week!”

Soon, it was approaching nap time for many — children and parents alike.  As they slowly left the event, tiny tots enjoyed taking a fun book and a Get Ready for School activity packet, compliments of the Los Angeles County Department of Mental Health in collaboration with the Malibu Branch of the Los Angeles County Library. 

“Merry Christmas!” Santa called out to all.