MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
OCTOBER 23, 2023
COUNCIL CHAMBERS
5:30 P.M.
The following meeting was held pursuant t0 AB 361 and teleconferenced during the coronavirus disease (COVID-19) pandemic.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 5 :30 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
PUBLIC COMMENT ON CLOSED SESSION
Mayor Uhring opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 5:31 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with Legal Counsel — Anticipated Litigation
I. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government 54956.9(d)(2)
Communication from California Department of Housing and Community Development Regarding Noncompliance with Housing Element Deadlines Number of potential cases: (1)
REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:33 pm.
Code section 54956.9
Number of potential cases: (1)
2. Significant exposure to litigation pursuant to Government Code section Malibu City Council
Minutes of October 23, 2023
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Rob Houston, Interim Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Richard Mollica, Flaming Director; Susan Duenas, Public Safety Director; Rob DuBoux, Public Works Director; Jason Lawrence, Deputy City Clerk; and Tyler Eaton, Senior Planner
PLEDGE OF ALLEGIANCE
Scott Dittrich led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(2), with all Councilmembers present. He stated the Council discussed the items listed on the closed session agenda and took no reportable action. He reported separately that there were two recent decisions by the California Coastal Commission upholding Local Coastal Program Amendments that prohibit the timeshare proposition put forth by Pacaso and more information would be forthcoming.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on OCtober 13, 2023.
APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda.
FRIENDLY AMENDMENT
Mayor Pro Tem Stewart moved to continue Item No. l.A. to a date uncertain and adj ourn in memory of Pepperdine students Niamh Rolston, Peyton Stewart, Asha Weir, and Deslyn Williams; Luis Gonzalez; and Mayor Walt Keller.
The Council observed a moment of silence in their memory.
The amendment was accepted by the maker and the seconder of the motion.
ITEM 1
ITEM 2.A.
Malibu City Council
Minutes of October 23, 2023
The question was called, and the amended motion carried unanimously.
CEREMONIAL/PRESENTATIONS
Update on Slope Failure 2023
This item was continued upon approval of the agenda.
PUBLIC COMMENTS
City Manager McClary commented on the recent tragic vehicle incident that resulted in the death of four Pepperdine University students and conveyed the devastation felt throughout the community. He stated that the City was doing everything possible to prevent future fatalities, minimize injuries, and make Pacific Coast Highway (PCH) safer for the community and visitors. He stated that City staff was working with the Mayor Uhring and reported that local lawmakers reached out to the Governor’s office, California Highway Patrol (CHP), Caltrans, and many other local officials. He reported that Caltrans was pursuing increased CHP coverage of PCH, particularly at night to address speeding and racing. He stated that the City supported legislation recently signed into law that would open the door for speed cameras in California and the City was pushing to get those deployed as soon as possible. He stated that community safety was the City’s number one priority. He announced the availability of the PCH Safety Fact Sheet at City Hall and on the City’s Public Safety webpage.
Supervisor Lindsay Horvath, Los Angeles County Board of Supervisors, discussed the tragic deaths of the four Pepperdine students in the traffic incident on PCH and discussed the importance of the community coming together. She stated that she was devastated for the families of the four young women and she joined Malibu and the Pepperdine community in grieving the loss of precious lives cut far too short. She stated that the students were engaged in helping to build and better and safer Malibu and worked with the Chamber of Commerce as they studied and planned for a better future. She stated that it was a time for mourning and action.
She stated that safety along the 21 mile stretch of PCH in Malibu was a problem for far too long. She stated that she was committed to identifying and finding solutions in partnership with the City and State agencies that held authority over the roadways. She stated that she was in contact with Senator Ben Allen, Assemblymember Jacqui Irwin, and Govemor Gavin Newsome, and requested the recently approved speed camera pilot program be considered for Malibu immediately. She stated that there was a collective desire for all agencies be on the same page with real solutions for the high-volume highway. She thanked Captain Jennifer Seetoo and the Sheriff‘s Department for their leadership and partnership. She discussed commitment to partnership with agencies on all levels and would not let boundaries and bureaucracy inhibit action. She discussed working with Caltrans within existing laws to reduce speed limits, and provide CHP enforcement. She stated that she addressed the undersecretary of the California State Transportation Agency that oversaw both Caltrans and CHP to request their personal support in Malibu City Council
Minutes of October 23, 2023
reducing speed limits. She stated that she called for an emergency meeting of the PCH Task Force in November. She announced an emergency preparedness and resiliency event scheduled for Thursday, October 26, 2023, at 6:00 p.m. at Lindero Middle School in Agoura Hills. She stated that Malibu had undivided attention and commitment to PCH safety improvement.
Captain Jennifer Seetoo, Los Angeles County Sheriff Department, discussed the many fatalities that occurred on PCH since 2012 and the need for substantive change. She stated that prior to the Council meeting she met with three of the families of the victims of the incident and that it was one of the hardest things she had to do. She stated that her focus was on education, enforcement, and engineering. She reported that a grassroots group was assembling which included Michal Shein, Keenan Gibbs, Chris Frost, Chris Wizner, Dermott Stoker, Kathy Eldon, and Damian Kevitt. She discussed a meeting with elected officials tentatively scheduled for November 8, 2023, to formulate a plan of action. She discussed having the 21 Miles in Malibu documentary shown in all the schools, including Pepperdine. She stated that a highway running through a residential and college town did not make sense. She discussed reduced staffing challenges. She reported a driver was recently pulled over for speeding at 109 miles per hour who was aware of their speed and the recent fatalities. She referenced the 2015 PCH Safety report and stated that it needed to be reviewed to identify what recommendations were implemented. In response to Councilmember Grisanti, she stated that the driver traveling at 109 miles per hour was dealt with appropriately.
In response to Mayor Pro Tem Stewart, she stated that speed cameras and enforcement reduced fatalities, injuries, and non-injury collisions.
Traffic Sergeant James Aarons, Los Angeles County Sheriff Department, stated that he supervised detectives investigating the fatal crash, but as part of an ongoing investigation, he could not provide detailed information. He stated that the investigation would continue until a proper case was presented to the District Attorney’s office.
Seargent Chris Soderland, Los Angeles County Sheriff Department, provided statistics year-to-date, and reported there were 6,1 83 citations issued, with 3009 for excessive speed. He reported that two nights prior, at 1:23 a.m., a deputy monitoring traffic at PCH and Webb Way observed a vehicle traveling westbound at 109 miles per hour and he caught up to the driver at Zumirez Drive. He stated that the driver was 18 years old and unlicensed, and she was arrested, and her car impounded for 30 days. In response to Councilmember Grisanti, he stated that for the vehicle to be crushed there needed to be a law passed. In response to Mayor Pro Tem Stewart, he stated having four additional Lidar guns would be helpful.
In response to Councilmember Silverstein, Captain Seetoo stated that in 2019, the year that did not have a fatality traffic incident, they met with community members to understand PCH difficulties, which included restaurant valets crossing and driving on PCH unsafely and vehicles at restaurants causing congestion. She stated that $500,000 in funds from the Third District were allocated and PCH was divided Malibu City Council
Minutes of October 23, 2023
into four sections, and they provided high Visibility and a rapid response. She stated that funding was transferred to the City of West Hollywood.
Joel Price, Communications Director, Assemblymember Jacqui Irwin’s office, discussed his background in law enforcement with the Los’ Angeles Police Department. He agreed with Captain Seetoo that education, enforcement, and engineering were vital. He stated that Assemblymember Irwin grieved along with the families and community and was committed to safety improvement programs.
Channing Frykman discussed the October 17, 2023 fatal vehicle incident on PCH.
She discussed the tragedy and how it brought the community together. She discussed her personal experience with loss and the dangers of PCH.
Senator Ben Allen expressed his deep sorrow over the lives that were lost and the dangers ofPCH. He discussed collaboration with City staff for CHP patrols to PCH.
He discussed legislation that needed to be written for speed cameras on the State highway. He stated that signal synchronization was critical to making PCH safer and discussed lowering the speed limit. He stated that he spoke to the Governor he hoped the incident would galvanize people into action. He discussed rethinking PCH as a boulevard rather than a high-speed highway, as it was designed when Malibu was a much smaller city. He discussed changing rules and iimdamental changes to PCH. He expressed his condolences to those affected by the incident.
Michel Shane discussed the traffic incident on PCH that killed his 13-year-old daughter Emily Shane in 2010 and the impact it had on his family’s lives. He discussed efforts to make PCH safer and stated more measures and accountability by governmental agencies were needed. He discussed his documentary 21 Miles in Malibu for education and inspiration for a transformation that placed human life above all else.
Joshua Hoffman stated that his heart and prayers went out to the parents that lost their children in the incident. He discussed racing, speeding, and other hazards on PCH. He suggested more signage that reminded drivers to slow down, curbs adj acent to driveways painted red, better bicycle lanes, and more sidewalks.
Ted Vaill stated he was a 49-year resident who was nearly killed on PCH several times. He suggested speed cameras, a lowered speed limit, and more law enforcement on PCH to protect residents and visitors. He discussed the unused Sheriff substation at Santa Monica College, Malibu campus. He stated that the carnage on PCH was the fault of other bureaucrats that deal with the City.
Tina Segel stated her family lived in Malibu for over 50 years and was a small town with a big following. She discussed the number of visitors to the City each year and hazards on PCH. She discussed racing on PCH and discussed concerns that there were not enough Sheriff deputies, and they were located too far away to be effective when called. She discussed the recent deaths and encouraged action by the City.
Malibu City Council
Minutes of October 23, 2023
Chris Wizner stated that he lived and worked on PCH for twenty years. He shared his Vision of PCH, where it was safe to walk, bike, run, and drive. He suggested increased patrols, speed cameras, bollards, slower speeds, much stricter tickets, a continual and diverse educational campaign, and drones. He suggested it be called Pacific Coast Roadway instead of Highway. He shared that he knew Ms. Weir as an exemplary human being who was scheduled to babysit his child and worked for him at the Chamber of Commerce and his marketing agency. He discussed the many deaths on PCH over the years and stated Caltrans should be held accountable.
Jefferson Wagner discussed his experience as a former Councilmember and reserve Sheriff Deputy, and saw the issue from both a law enforcement and municipal perspective. He recommended the City work with Pepperdine and the Las Virgenes-Malibu Council of Govemments (COG). He discussed the importance of more law enforcement coverage with theright offlcers in the fleld. He discussed education and social media to make PCH safer. He suggested Pepperdine join the City in advocating for funding currently going to the County to be given to the City.
Jennifer deNicola discussed her efforts as part of the PCH Safety Task Force. She commented that she lived near the scene of the accident and discussed prior accidents in the area. She thanked the Council for their efforts and commended Supervisor Horvath for attending the meeting and saying what needed to be said.
She commended Captain Seetoo and Senator Allen for their support and was glad that everyone was proactive and ready to have positive changes made.
Hap Henry deferred time to Mr. Simmens.
Lance Simmens stated that he was a former Public Works Commissioner and avid cyclist, who lived on PCH on the eastern end of Malibu and discussed suggestions he had for safety improvement. He displayed a presentation on a proposed road design. He discussed funding and a recent Federal infrastructure bill for road projects and suggested the City partner with State and Federal governments for long-term solutions.
Burt Ross stated that he lived in Malibu for almost 12 years. He stated public safety was the number one issue for elected officials. He discussed the lack of law enforcement on PCH due lack of staff and not a lack of money. He discussed the petition he submitted to the City.
Kevin Shenkman discussed traffic accidents involving his car and motorcycle. He discussed structural flaws on PCH and discussed removal of parallel parking. He discussed the importance of working with State agencies and that it took the recent deaths to get the City to do something.
Susan Saul stated that she agreed with the previous comments made by the public speakers. She stated that she was a friend ofEmily Shane and that it was tragic what the families were going through. She inquired why it took such a tragedy for something to be done about public safety on PCH. She stated that there was funding Malibu City Council
Minutes of October 23, 2023
to make the necessary changes that should have been done years prior.
Jessica Horwath stated that she lived on Las Flores Canyon Road and that she called the police on many occasions for racing. She commented that there were suggestions to make PCH safer for many years and she did not understand Why it took so long. She stated that there should be public facing goals and timelines for accountability. She requested in addition to speed regulation, a red-light camera at the intersection of PCH, Las Flores Canyon Road and Rambla Pacifico Street.
Tina Oervantes deferred time to Ms. Horwath.
Damian KeVitt discussed his organization Streets are for Everyone (SAFE). He stated that he did not live in Malibu but understood the issues of traffic violence as he was involved in a serious accident on his bicycle. He discussed collaboration with State agencies and offered his organization’s assistance to the City. He stated that PCH was not designed for the current development and activities.
Norm Haynie deferred time to Mr. Dittrich.
Scott Dittrich discussed the recent tragedy and the impact it had on the community and that he prayed for all those affected. He commented on the prominence of PCH through Malibu and the number of residents and visitors to the area. He commented on the need for more law enforcement on PCH and the number of drivers speeding on PCH. He requested that PCH safety be made a priority.
Linda Budge deferred time to Ms. Russell.
Karen Russell discussed her son’s death in Malibu Canyon one year prior and the poetry Ms. Weir planned on contributing to a tribute book for her son. She discussed off-campus college parties and stated that partygoers used PCH, Malibu Canyon Road, and Kanan Dume Road. She stated that her son’s life might have been spared had there been a guardrail along the side of the road.
Crystal Hoang stated that she represented Crystal Falls Malibu, the future horse hotel located above Escondido Falls. She commented on pedestrians crossing PCH dangerously. She discussed conversations with Ms. Rolston about horses just 24 hours before her passing. She discussed her mountain lion encounter. She discussed communities with roundabouts, parks that spanned over highways, parking structures in Italy that blended with the hillsides, trolley systems, efficient public transportation, and pedestrian walkways as solutions to pedestrian safety.
Elsa Conrad expressed her condolences to the families of those who were lost in the traffic incident. She stated she wanted to make sure the road was safe for her and her brother. She discussed the lack of law enforcement on PCH and redesigning PCH should be considered. She requested changes and discussed the recent death of a motorcyclist and racing on PCH.
Malibu City Council
Minutes of October 23, 2023
Jane Albrecht thanked the Council, Supervisor Horvath, Assemblymember Irwin, and Senator Ben Allen for their ideas and commitment. She recommended the Council hold dedicated meetings on PCH safety every 3 months to get feedback from the community. She indicated support for speed cameras on PCH. She requested the safety fence at Deadman’s Curve be put back up by the Mountains Recreation and Conservation Authority (MRCA), or the City use emergency powers to have it reinstalled. She discussed guardrails on the canyon roads. She expressed hope that Pepperdine and the City would work closely together.
Barbara Fish stated that she was a Malibu resident for 5 1 years living on PCH and Bonsall Drive. She stated that she and her husband called 911 multiple times in response to highway accidents. She discussed the dangers of the intersection of Westward Beach Road and Busch Drive where they could no longer go under the highway to access Zuma Beach. She commented on public participation after the tragic deaths. She discussed Caltrans, the Sheriff Department, and Pepperdine collaboratively finding solutions.
Jo Drummond discussed the Pepperdine students, their backgrounds, interests, and aspirations. She discussed past fatalities on PCH and the role of development on making the highway unsafe. She discussed speed cameras and the need for increased law enforcement. She discussed the many visitors to Malibu.
Julie Bacino discussed the recent fatalities and stated that the lives lost should not be in vain. She stated that her father fought for 7O years to change the highway and discussed her family’s experience in helping accident victims. She advocated for improvements to PCH that would save lives and an increased CHP presence.
Francis Appiah stated that representatives from Caltrans should be involved in public meetings. He expressed his condolences to the families of those who were lost. He stated that he was a frequent visitor to Malibu and enj oyed its features and obeyed the rules but had seen people die because of unsafe highways. He encouraged leaders to take measures that would improve safety in Malibu.
Becky Hartung-Morrow stated that she was an adjunct lecturer in public speaking at Pepperdine for three years. She discussed the impact of the recent deaths on her former students. She discussed negligent driving and State, County, and City officials who allowed unsafe highways. She stated that their thoughts and prayers must become action. She expressed her support for the speed camera bill and better street design that served everyone, not just vehicles. She requested temporary barriers at the crash site to protect those who paid tribute in the area.
Bill Sampson commented on Mayor Uhring’s KNX AM Radio interview that moming. He discussed a vehicle accident on PCH that OCCurred shortly after he moved into his Cottontail Lane home in 1980, and safety had not improved. He suggested immediate CHP patrols. He discussed Walt Keller’s contributions to the City and the previous request for recognition during his lifetime, and now that he passed, he requested the Council honor Walt and Lucille Keller. He expressed ITEM 2.B.
U
ITEM 2.C.
Malibu City Council
Minutes of October 23, 2023
condolences to the families of those killed on PCH.
Matt DeNicola, Barabara Brudelin, Red Chief Hunt, and Howard Rudzki were not present at the time of the hearing.
Mayor Silverstein encouraged the community to stay involved in effecting change in Malibu and contact elected officials for help.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Fireball Lawrence, Malibu Arts Commission, discussed the Art Talk Series at Santa Monica College Malibu Campus beginning January 19, 2024, with a screening of 21 Miles in Malibu. He stated that there might be a screening of the documentary at Pepperdine. He commented on the current City Art Gallery exhibit, Vistas, featuring the art of Wes Van Dyke. He announced the upcoming Dick Van Dyke photograph exhibit scheduled to open November 19, 2023. He announced the new Poet Laureate Nathan Hassal would host The Caffeinated Verse event on November l9, 2023 at 12:00 noon. He reported that two new poetry stones by former Poet Laureates Dr. John Struloeff and Ann Buxie would be installed in Legacy Park.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated that the week was the worst he could remember in Malibu and the communications from the community were heartbreaking. He stated that the best memorial to those killed on PCH was for pressure for the changes discussed that evening be kept strong and contact with the elected officials for follow through of solutions suggested during the meeting.
Councilmember Riggins stated that the tragic loss of the students was devastating.
She stated that the current Council worked hard on the issue. She suggested that the entire community contact their elected representatives to encourage change to make PCH safer.
In response to Councilmember Riggins, Sergeant Soderlund confirmed the program Every 15 Minutes was currently used in schools.
Councilmember Riggins conveyed the effectiveness of the program in instilling the seriousness of vehicle safety in students.
Councilmember Silverstein stated if measures to make PCH safer could have been taken by the State, County, or City, but were not, they should be ashamed. He shared that a couple years prior, while driving on Malibu Canyon Road, he encountered a fatal accident and stated that those were not rare occurrences. He discussed the research he conducted during the past week to determine how the number of fatal crashes and the number of fatalities, including pedestrians in Malibu, compared to the same occurrences in other cities in California. He concluded that the. deadliest road in the state traveled through Malibu. He suggested Malibu City Council
Minutes of October 23, 2023
the declaration of a local emergency which opened a degree of police powers not otherwise available in ordinary circumstances and might open a source of Federal, State, and Local funding to find and implement long-term solutions. He asked for consensus to direct staff to bring back a resolution for the Council’s consideration, declaring a local emergency, stemming from dangerous conditions created by lawless motorists on PCH. He suggested speed limit reduction, temporary traffic signals located where they did not currently exist, and temporary speed bumps that could be removed to accommodate emergency responders. He stated that funds needed to be allocated immediately, which could potentially be recouped from the State. He discussed CHP and Sheriff Department patrols. He suggested PCH lane closures on evenings and weekends for routine maintenance, events, and sobriety checkpoints to slow traffic. He discussed slow traffic through Malibu and encouraged drivers to use Highway 101 instead.
Councilmember Grisanti indicated support for directing the City Attorney to bring back a report on the feasibility of declaring a local state of emergency.
Councilmember Silverstein stated that there were a lot of things the City could do, that conservative City attorneys advised them that they could not do.
Mayor Pro Tem Stewart stated that Mayor Silverstein’s proposal was novel and aggressive. He indicated support for working with other elected officials and supporting the process and whatever the City Attorney advised could be done, should be done with cooperation from those who supported them.
Councilmember Riggins indicated support for Mayor Pro Tem Stewart’s comments.
Mayor Uhring stated that over the past 30 years the City sent a delegation to Sacramento to discuss CHP coverage in Malibu and was turned down repeatedly.
He stated that they needed to get their attention and requested the City Attomey retum with analysis of any risks to declaring a state of emergency. He stated that he would speak to the newly elected officials about their plans, and if they came back with some significant reasons Why it should not be done, they could rethink the proposal. He stated that they understood and might be on the same side as the City.
Councilmember Silverstein stated that officials talked and the Council had the power to do something immediately.
Councilmember Grisanti stated that the new County Supervisor listened and was willing to work with the City. He suggested giving the newly elected officials a chance, and if they failed to act, then further action could be considered.
Councilmember Silverstein expressed gratitude for Supervisor Horvath’s support.
He stated that taking matters into their own hands immediately was not an insult to those trying to help, but supplemented help that was provided.
Malibu City Council
Minutes of October 23, 2023
j Mayor Uhring stated that he would like to talk to the three newly elected officials and have them say yes or no before the matter was pursued.
Councilmember Grisanti stated that he supported the proposal provided Mayor Uhring spoke to the elected officials. He emphasized that he wanted their good rapport preserved and suggested asking them if this plan was helpful.
Councilmember Riggins stated that she was in favor of taking decisive action and changes. She stated that she wanted practical items included on the list,.with exactly what changes were proposed, and timelines for when they were to be done. She stated that her biggest concern was they would go through the emergency action, but there was no substance behind it of exactly what was to be done. She requested that when the matter returned for discussion, with three to flve practical items and a timeline of implementation was provided, so residents were shown the implementation of those changes immediately.
Councilmember Silverstein reiterated his proposals: speed limit reduction, temporary traffic signals, and removable speed bumps.
CONSENSUS
By consensus, the Council directed staff to bring back an item to consider declaring a local emergency due to dangerous conditions on PCH, as well as options for related actions.
Mayor Pro Tem Stewart discussed fire safety and the citizens volunteer fire brigade program. He thanked Keegan Gibbs, Brett Woodworth, and the command staff of the Los Angeles County Fire Department for their support of the fire brigade program. He stated that before the fatal incident on PCH, he met with Supervisor Horvath and her staff to discuss speed cameras and Sheriff Department staffing. He stated that a Sheriff Department year-to-date statistic report was provided to representatives in Sacramento and that PCH safety in Malibu was now a high priority. He stated that greater law enforcement presence made a difference in traffic safety. He urged the public to observe the speed limit which caused other drivers to drive the speed limit.
Mayor Uhring thanked everyone for their input and stated that the Council was elected to help the public and improve the quality of life for Malibu residents and they had started on that path.
RECESS At 9 07 p m Mayor Uhring recessed the meetmg The meetlng resumed at 9 15
1. p m With all Counc1lmembers present
‘44 ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.4. and 3.B.8. were pulled by the Council.
Malibu City Council
Minutes of October 23, 2023
Councilmember Grisanti requested Item N0. 3.B.5. have the mayor’s name corrected on the signature page.
MOTION Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.4. and 3.B.8. The question was called, and the motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
1. ‘ Second Reading and Adoption of Ordinance No. 5 12
RecoMended Action: Conduct second reading, unless waived, and adopt Ordinance No. 512, an ordinance of the City of Malibu amending LCPA No. 21—002, Zoning Text Amendment (ZTA) No. 22-002, and Zoning Map Amendment (ZMA) No. 22—001, as adopted by Ordinance No. 501 and pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the California Environmental Quality Act and consistent with the EIR for the project with no further environmental review under CEQA required.
B. New Items
l. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 70479-70591 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 734 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,810,470.94. City of Malibu payroll check number 5377—5381 and ACH deposits were issued in the amount of $575,804.12. 3. Approval of Minutes Recommended Action: Approve the minutes for the January 23, 2023 Malibu City Council Regular meeting, and February l3, 2023 Malibu City Council Regular meeting.
5. Amendment to Agreement with Fox Weather, LLC
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Professional Services Agreement with Fox Weather, LLC to allow for a two-year extension for quantitative weather forecasting services.
6. Award Trancas Canyon Park Upper and Lower Slopes Repair Proj ect Recommended Action: l) Authorize the Mayor to execute a construction contract with GMZ Engineering, Inc. in the amount of $1,599,001 for the Trancas Canyon Park Upper and Lower Slopes Repair Project, Specification No. 2092; 2) Authorize the Public Works Director to approve Malibu City Council
Minutes of October 23, 2023
potential change orders up to 15% of the contract; and 3) Appropriate $ 1 ,1 17,655 in Account No. 102-9209-5 1 00 (Trancas Canyon Park Repairs).
7. Amendment to Professional Services Agreement with 30 Three Sixty Public Financet Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with 30 Three Sixty Public Finance, Inc. to allow for a two-year extension of the existing agreement through October 12, 2025, for Assessment Engineering Services for the formation and administration of an assessment district for Civic Center Water Treatment Facility Phase Two (CCWTF Phase Two).
9. CalTrans Solstice Canyon Creek Beautification Proj ect Recommended Action: Approve the recommendation from the Malibu Arts Commission to ,withdraw the City's involvement with the California Department of Public Transportation Solstice Canyon Creek Beautification Project.
10. Information Technology Strategic Plan Consultant Award Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with SDI Presence LLC for information technology administrative services in an amount not to exceed $85,780. 1 1. Agreement for Video Broadcast Services
Recommended Action: 1) Authorize the Mayor to execute Professional Services Agreement with Pegasus Studios to provide Video Broadcast Services for City meetings and other City events in the amount of $1 50,000; and 2) Appropriate $1 15,500 from the General Fund Undesignated Reserve to Account Number 100-7002-5 100 (Media Operations, ProfessionalServices).
Agreement for Human Resources Support Services
Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Municipal Resource Group, LLC. to assist the City of Malibu with various human resource organization and operations, including strategy, recruitment, retention, training and HR Information Systems improvement.
13. Commni men Bl rant — Di e MHP Pr
Funding
Recommended Action: Receive an update on the Community Development Block Grant — Disaster Recovery (CDBG-DR) Multifamily Housing Proj ect (MHP) program funding and consent to termination of the Master Standard Agreement between the City and the Department of Housing and Community Development (HCD).
The following items were pulled from the consent calendar for individual consideration:
Item Nos. 3.B.4. and 3.B.9. were heard concurrently.
4. Hold il Cit uncil on d
her Ci BMin 61
uty Developt ock G saster Recovry ogram
Findings to Vrtua y Co, Commissi, Committee, Board an
Ot ty odies,_eetgs Under AB 3
Malibu City Council
Minutes of October 23, 2023
Recommended Action: Consider a motion to reaffirm Resolution No. 23- 14, re-authorizing remote teleconferencing/Virtual meetings pursuant to AB 361.
8. Resolution Extending the Declaration of the COVID-l9 Local Emergency Recommended Action: Adopt Resolution No. 23-49 extending the declaration of the existence of a local emergency.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to reaffirm Resolution No. 23-14, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361. The question was called, and the motion carried 4-1, Councilmember Silverstein opposed.
MOTION Councilmember moved, and Mayor Uhring second a motion to terminate the COVID-19 Local Emergency.
The Council discussed the motion.
The question was called, and the motion carried unanimously.
MOTION Councilmember Riggins moved to hear Item Nos. 6.C., 6.D., and 7.B. after the Consent Calendar.
FRIENDLY AMENDMENT
Councilmember Silverstein seconded and moved to also hear Item No. 6.A. after the Consent Calendar.
The amendment was accepted by the maker of the motion.
FRIENDLY AMENDMENT
Mayor Pro Tem Stewart moved to hear Item No. 6.B. after Item No. 6.A.
The Council discussed the motion.
The amendment was not accepted by the maker or the seconder of the motion.
The question was called, and the amended motion carried unanimously.
ITEM 6 NEW BUSINESS
A. Malibu Community Labor Exchange Permanent Office Proj ect Update Recommended Action: Receive and file an update on the Malibu Community ' Labor Exchange Permanent Office Project.
Malibu City Council
Minutes of October 23, 2023
Mayor Uhring oponed the floor to public comment. As there were no speakers present, Mayor Uhring returned the matter to the table for discussion.
Without objection, Mayor Uhring received and filed the update on the Malibu Community Labor Exchange Permanent Office Proj ect.
Item No. 6.C. and 6.D. were heard concurrently.
Veterans Dav Recognition Ceremony Fee Waiver
Recommended Action: Consider Whether to approve the request from The Navy League to waive the facility use and staffing fees and incur event costs for the Veterans Day Recognition Ceremony.
Communitv Christmas Tree Lot Fee Waiver
Recommended Action: Consider whether to approve the request from the Malibu High School Athletic Booster Club to waive the facility use and staffing fees for the Ioki Property for the Annual Community Christmas Tree Lot. dL.__‘_._
MOTION
Mayor Uhring opened the floor to public comment.
Speakers: Annie Demirjian, and Katherine Alice
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item.
Mayor Uhring moved, and Councilmember Riggins seconded a motion to: 1) approve the request from The Navy League to waive the facility use and staffing fees and incur event costs for the Veterans Day Recognition Ceremony; and 2) approve the request from the Malibu High School Athletic Booster Club to waive the facility use and staffing fees for the Ioki Property for the Annual Community Christmas Tree Lot. The question was called, and the motion carried unanimously.
ITEM 7 COUNCIL ITEMS
Council Appointment to the Planning Commission
Recommended Action: Councilmember Stewart may make a new appointment to the Planning Commission.
Mayor Uhring opened the floor to public comment. As there were no speakers present, Mayor Uhring returned the matter to the table for discussion.
ITEM 4
Mayor Pro Tem Stewart appointed Drew Leonard to the Flaming Commission.
ORDINANCES AND PUBLIC HEARINGS
Malibu City Council
Minutes of October 23, 2023
Coastal Development Permit No. 20-068t Site Plan Review No. 21-009, and Demolition Permit No. 20-028 — An application to demolish an existing singlefamilV residence and construct a new single-family residence. second unit and associated development (6734 Zumirez Drive; Owner: IBN Properties. LLC) (Continued from October 9, 2023)
Recommended Action: Adopt Resolution No. 23-45 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 20-068 and Demolition Permit (DP) No. 20-028 for the demolition of an existing single-family residence and construction of a new 6,284 square foot single-family residence, 986 square foot basement, 510 square foot attached garage, 462 square foot detached garage, 471 square foot detached second unit, swimming pool, two spas, onsite wastewater treatment system (OWTS) and associated development; including Site Plan Review (SPR) No. 21-009 for construction up to 24 feet in height for a flat roof, located in the Rural Residential, One-Acre (RR-1) zoning district at 6734 Zumirez Drive (IBN Properties, LLC).
MOTION
Senior Planner Eaton presented the staff report.
Disclosures: Councilmembers Grisanti, Riggins, and Silverstein, Councilmember, Mayor Pro Tem Stewart, and Mayor Uhring
The Council discussed the matter and directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speakers: Don Schmitz, Mark Johnson (Casandra Ross, Patt Healy, Janet Friesen, and Jo Drummond deferred time to Mr. Ross), Ginetta Giovinco, Cooper Kass, and Edith Read
Mr. Schmitz and Jake Holt provided rebuttal.
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff, Mr. Schmitz, Mr.
Holt, and Matthew Hinks.
Councilmember Silverstein moved, and Mayor Uhring seconded a motion determining that the matter of Coastal Development Permit 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 (6734 Zumirez Drive; Owner:
IBN Properties, LLC) remains before the Planning Commission.
The Council discussed the motion and directed questions to staff.
MOTION
ITEM 5
ITEM 6
Malibu City Council
Minutes of October 23, 2023
The question was called, and the motion carried 4-1, Councilmember Grisanti opposed.
Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to hear Item No. 6.B. after 10:30 p.m.
The Council discussed the motion and directed questions to staff.
The question was called, and the motion carried unanimously.
OLD BUSINESS
None.
NEW BUSINESS (continued)
MOU and License Agreement with Zuma Beach FM Emergency and Community Broadcasting Inc. (KBUU) for a Booster Antenna at Malibu Bluffs Park Recommended Action: Authorize the-Mayor to enter into a License Agreement and Memorandum of Understanding (MOU) with Zuma Beach FM Emergency and Community Broadcasting, Inc. (KBUU) to utilize Malibu Bluffs Park as the location for an FM booster station.
Public Safety Director Duefias presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speaker: Hans Laetz
As there were no other speakers present, Mayor Uhring returned the matter to the able for discussion.
The Council discussed the item.
This item was continued to the November l3, 2023 meeting upon adjournment of the meeting.
Consideration of Gift of Smart Coast California Membership Fees from Councilmember Grisanti
Recommended Action: Determine whether to accept {a gift from Councilmember Grisanti to underwrite the cost of'the City joining the Smart Coast California Municipal Collective for each year that he is on the City Council.
This item was continued to the November l3, 2023 City Council Regular meeting. t
Malibu City Council
Minutes of October 23, 2023
J ITEM 7 COUNCIL ITEMS (continued)
A. Smart Coast California Presentation (Councilmember Grisanti) Recommended Action: At the request of Councilmember Grisanti, receive a presentation from Smart Coast California describing the organization’s purpose and their efforts to facilitate collaboration between local municipalities and state agencies, and determine whether to join the Smart Coast Municipal Collective group.
This item was continued to the November 13, 2023 City Council Regular meeting.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 11:57 p.m. in memory of Niamh Rolston, Peyton Stewart, Asha Weir, Deslyn Williams, Luis Gonzalez, and Walt Keller.
Approved and adopted by the City Council of the
city aiib s. M ch 25,2024.
w
\ \ [l TEVE‘ UHRING, Mayor ATTE‘ST:
KELSEYBP‘t: r110Hp City Clerk—e) " (85‘: :‘1 ‘
@
''w w ;