Farmers Market dispute has been brewing for years Play

Over the last few months, complaints of the unsafe layout, and of the market organizers thumbing their nose at the city, have been growing.

Some planning commissioners and public safety commissioners have objected to the Farmers Market in the street. Sheriff's deputies say there have been several pedestrians nearly hit as a result of an unsafe layout.

But the Cornucopia Foundation, operators of the Farmers Market, continued to rent out spaces in Legacy Park and on Civic Center to vendors. For months, commercial operations were moving further and further away from the street and down into the park property.

That's crucially important to the city, because the property was sold to them with a deed restriction. Theoretically, the previous ownership could reclaim ownership of the land if the city violates the terms of its sale.

The issue came up at a city council meeting in 2023, when the Cornucopia Foundation appeared before the city council to ask the city to let them stay at Legacy Park.

"We are grateful to the city council for temporarily hosting the Malibu Farmers Market at Legacy Park," said Ingrid Jensen, Bianco's associate, reading a prepared statement Nov. 27, 2023. "This gesture was a lifeline when Los Angeles County overlooked our existence, dismantling our market piece by piece to facilitate the construction of the college."

Notice: she used the word "temporarily."

Jensen said the county was only offering part of its parking lot across the street at the library for the Farmers Market to use.

"We were offered a significantly reduced space, a loss that would account for a loss of 740 feet, which equates to 74 farmers and vendors," she said. "This would be devastating."

Particularly devastating because the Cornucopia Foundation charges each vendor as much as $300 per month, plus a 10 percent take of their sales.

That night in November 2023, city council members said they simply could not grant permission for the market to stay in Legacy Park. The item was not on their agenda. And there was the intractable legal problem: the deed restriction.

The city is legally prohibited from allowing any commercial activity on Legacy Park land. The seller would have the permanent right to take the land back if the city violates the terms of its sale. Like selling vegetables.

Council member Doug Stewart, that night 21 months ago:

"The city manager has pointed out, we have a deed restriction and we also have a zoning issue, it being at Legacy Park. So let's don't play with fire here on a deed restriction. Let's get these people at the Farmers Market open at the county lot where they used to be for — what, 16 years? 13 years? Whatever it was. It worked fine over there. It's not as nice as Legacy Park, but Legacy Park is not available to it now."

The very next Saturday, KBUU News went to the Farmers Market and asked Debra Bianco if we could interview her on tape. She said yes.

Our question, same as the city's:

REPORTER: "The deed for this piece of land says 'no commercial activity' and you are doing commercial activity."

BIANCO: "I have, I have, I could show you the writing, darling. But let's not, 'cuz now you're going back to the city. I had a CUP, I had a temporary use permit —"

REPORTER: "I understand. But a permit does not supersede a deed. A deed is the ownership of the land."

BIANCO: "Then you have to interview — I'm sorry — then you need to interview the city. Because they gave me a TUP. The City of Malibu gave me a TUP."

A TUP is a temporary use permit. And the Farmers Market did have a TUP to operate in the street. But not in Legacy Park right next to it. And that TUP has long since expired. The T stands for temporary.

Of course, Bianco has every right not to talk to a reporter. That was two years ago and the Farmers Market director has yet to make herself available.

She has every right not to talk to a reporter who is asking hard questions. But the hard questions remain.

And a new one: Why did she make City of Malibu taxpayers pay tens of thousands of dollars in staff time for Sunday's showdown at Legacy Park? Eight city workers on their days off. Six deputies at $130 an hour. The cost adds up.

Coincidentally, the Malibu city council has a meeting Monday at 5:30 p.m. at City Hall.