MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
NOVEMBER I3, 2023
COUNCIL CHAMBERS
6:00 P.M.
The following meeting was held pursuant to AB 361 and teleconferenced during the coronavirus disease (COVID-l9) pandemic.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 6:00 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 6:01 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
1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: 1
REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:42 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
Malibu City Council
Minutes ofNovember 13, 2023
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Richard Mollica, Planning Director; Susan Duefias, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; and Christina Munoz, Deputy City Clerk
PLEDGE OF ALLEGIANCE
Norm Haynie led the Pledge ofAllegiance.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 6:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956 9(d)(4) With all Counc1lmembers present He stated the Counc1l d1scussed the 1tem llsted on the Closed Sessron agenda and took no reportable actlon
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on November 3, 2023.
APPROVAL OF AGENDA
MOTION Counc1lmember Grisantl moved and Mayor Pro Tem Stewart seconded a motlon to approve the agenda
1_#
FRIENDLY AMENDMENT
Mayor Uhring moved to amend the agenda to continue Item No. l.A. to the November 7, 2023 Regular City Council meeting.
The amendment was accepted by the maker and the seconder of the motion.
The question was called, and the amended motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Proclamation Declaring December 13, 2023 Dick Van Dyke Day This item was continued upon approval of the agenda.
ITEM 2.A. PUBLIC COMMENTS
Jill Hawkins discussed children who were not allowed to attend public schools because they were not vaccinated and were discriminated against due to their vaccine status. She discussed her concerns about vaccines.
Malibu City Council
Minutes ofNovember 13, 2023
Keegan Gibbs discussed a motorcycle accident that involved two of his friends approximately 20 years prior. He announced a memorial on Webb Way and Pacific Coast Highway (PCH) would be held on November 14, 2023 at 5:00 pm. and November 19, 2023 at 9:00 a.m. in memory of all the people who died on PCH since Emily Shane’s death in 2010 at the age of 13. He announced white “ghost” tires would be placed for everyone who died on PCH. He thanked City staff and Captain Jennifer Seetoo for their efforts in helping to make the memorial possible.
Tim Pera, Mountains Recreation and Conservation Authority (MRCA), provided the October 2023 ranger activity report. He reported a total of 15 citations were issued, 10 of which were at La Chuza Beach for dogs on the beach, possession of alcohol, and smoking violations, and four were at Escondido Trail for dogs offleash and illegal trail use. He reported that fire patrols were deployed overnight during the Red Flag wind event and no fires occurred. He reported additional rangers were staffed on busy weekends and no homeless encampments were observed in any parks. He reported a total of 249 parking citations were issued. In response to Councilmember Riggins, he stated that during Red Flag events, five extra overnight foot and vehicle patrol rangers were brought in. In response to Mayor Pro Tem Stewart, he stated that the five extra rangers, in addition to patrolling Malibu, patrolled the hills outside of the city. In response to Councilmember Silverstein, he stated that the citations he reported were issued on MRCA property.
Tina Segel thanked the Council for its work to improve safety PCH. She commented on changes over the years and the increased noise. She discussed the crash on PCH that killed four Pepperdine students and expressed her sorrow at their loss and the ghost tire memorial. She thanked all involved in making the memorial possible. She requested Caltrans take action to make PCH safe.
Josh Spiegel discussed the City’s priorities including public safety, schools, parks, and the environment. He stated that the City had not made progress on parks and questioned the City conducting another community survey on how to use the City’s vacant land. He questioned the story poles placed for the permanent Skate Park. He expressed concern that there was insufficient parking at Bluffs Park.
Ann Doneen deferred time to Ms. Drummond.
Jo Drummond encouraged people to attend the PCH Task Force meeting on November 14, 2023. She encouraged Mayor Pro Tem Stewart to replace his Planning Commission appointee Drew Leonard. She discussed Mr. Leonard’s fire rebuild proj ects, despite not being a homeowner affected by the 201 8 Woolsey Fire.
She stated that he was not allowed to join his own neighborhood homeowner’s association board because they did not want the neighborhood’s rural character changed. She commented that she heard he was unwilling to disclose his financial holdings. She discussed the Ann Ravel letter and that Mr. Leonard’s appointment to the Flaming Commission made three local contractors currently seated on the Commission. She requested his removal based upon complaints and his character Malibu City Council
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B
Issues.
Lloyd Ahern, Malibu appointee to the Santa Monica Mountains Conservancy, likened Ms. Drummond to Sam Hall Kaplan. He stated Joe Edmiston instructed him to notify the City he would bring two flre engines to Bluffs Park.
Jenny Rusinko discussed the City’s wireless ordinance and a letter from Scott McCollough to the City. She stated her concerns that the wireless ordinance was not being applied properly, particularly fire safety protocol. She requested an update to the ordinance to match the non-public right-of—way ordinance. She stated that she represented more than 200 concerned residents. She voiced her concerns about a planned cell tower installation near her home.
Lonnie Gordon indicated support for Ms. Rusinko’s comments.
Jenny Root stated her daughter was a Pepperdine student and she wanted her to be safe. She stated that she supported speed cameras, but also proposed measures like speed bumps to slow down traffic to prevent accidents.
ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary announced the Zuma Beach underpass would be cleared of debris by Caltrans after the Corral Canyon cleanup was completed. He reported the City held evacuation drills for staff in conjunction with Sheriff’s Department and Fire Department staff. He stated he attended the groundbreaking for the Malibu Middle and High School (MMHS) project and stated that he appreciated their acknowledgement of the City’s work with the school district to move the project ahead. He stated he attended a Business Roundtable meeting the prior Friday and PCH safety was discussed. He stated the Public Safety Department hosted an open house at City Hall in recognition of the five-year anniversary of the Woolsey Fire and Malibu’s annual day of preparedness. He provided an update on Woolsey Fire rebuilds and stated 275 permits for single-family homes were issued, 146 single- family dwellings were completed, 18 permits were issued for multi-family units, and 12 multi-family units were completed. He announced coastal vulnerability assessments would be hosted by the City on November 13, l4, and l6, 2023. He announced the PCH Safety Task Force meeting was scheduled for 10:00 a.m. November 14, 2023, at City Hall. He reported that he worked on proposals for CHP patrols of PCH. He announced the Ghost Tire Memorial installation event would be held November l4, 2023, at 5:00 pm. and a dedication of the full memorial on November 19, 2023, at 9:00 a.m. at Webb Way and PCH to honor those who lost their lives on PCH. He announced the next City Council meeting would be held after the Thanksgiving holiday closure, on Monday, November 27, 2023.
Mayor Uhring announced California State Senator Ben Allen and Assemblymember Jacqui Irwin, Los Angeles County Supervisor Lindsey Horvath, Los Angeles County Sheriff Robert Luna and Captain Seetoo, and representatives from Caltrans and CHP would attend the PCH Task Force meeting.
Malibu City Council
Minutes ofNovember 13, 2023
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided crime statistics for October 2023. He reported year-to—date there were 390 part one crimes, compared to 438 the year prior at the same time, representing an 11 percent decrease. He discussed PCH safety and reported that on November 7, 2023, six deputies from the Lost Hills Sheriff station conducted operation Safe Canyons with patrols from late evening to early morning, which yielded 35 citations, 25 of those for speeding. He stated that a traffic enforcement operation on PCH was planned for that week. He discussed recent accidents near Neptune’s Net, Decker Canyon, and PCH caused by speeding and inattention. He reported a student was speeding at 100 miles per hour was arrested the week prior on PCH at Webb Way. He stated that the Sheriff Department was collaborating with Pepperdine on a safe driving campaign. He discussed additional deputies mnded by the City yielded 12 speeding citations, two unlicensed drivers, one suspended license, with three cars towed. He reported the arrest for reckless driving of an intoxicated unlicensed driver speeding at 80 miles per hour in a 45 mile per hour zone near the fatal crash site and stated their car was impounded. He reported a recreational vehicle was towed. He announced the Coffee with a Cop event was scheduled for 1:00 to 3:00 pm. on November 14, 2023, in the courtyard at Malibu Country Mart near Cross Creek Road.
In response to Councilmember Riggins, Sergeant Soderlund stated from his observation speeding drivers were in the 20- to 30-year-old age group. In response to Councilmember Grisanti, he stated individuals arrested for reckless driving had a court case and an administrative Department of Motor Vehicles (DMV) hearing to determine the penalty. He stated that the DMV automatically suspended licenses of those convicted of driving while intoxicated. He stated that the DMV examined the license which was separate from the criminal proceedings. He stated that suspension of a license could be imposed by the court for reckless driving. In response to Councilmember Silverstein, he explained if a driver refused a chemical test, they automatically lost their license for a minimum of one year. He stated that those who submitted to a chemical test had their license suspended, pending a DMV hearing where their license could be suspended or restricted. In response to Mayor Pro Tem Stewart, he stated that the District Attorney instructed that unlicensed drivers or those driving on a suspended license were treated as a misdemeanor infraction.
ITEM 2.C.
Mayor Uhring thanked Sergeant Soderlund for his service and commented that thei efforts made a positive impact.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Riggins reported she attended the MMHS groundbreaking, Malibu Half Marathon and 5K, and Assemblymember Irwin’s event at the 69 Bravo helicopter pad and discussed the improved public safety it provided. She reported she attended a County Community Resilience meeting with LA County Supervisor Lindsey in Agoura Hills and encouraged the community to avail themselves of the resources provided. She reported she attended a Clean Power Alliance board r
Malibu City Council
Minutes ofNovember 13, 2023
meeting. She reported she attended the Optimist Club Youth Appreciation event honoring students on community spirit and read their credo for community inspiration. She encouraged drivers to focus on driving and refrain from multitasking.
Councilmember Grisanti reported he attended the MMHS groundbreaking, Business Roundtable meeting, and Malibu Half Marathon and 5K. He stated that he directed people to use the crosswalk at the half marathon rather than jaywalking. He stated he and Councilmember Riggins attended school district separation team meetings. He stated he attended the community safety meeting in Agoura Hills. He stated he planned to attend State of the City events for Calabasas and Agoura Hills.
Councilmember Silverstein stated he did not attend many events and focused on research and answering questions from the public. He stated he attended an Administration and Finance Subcommittee meeting. He stated he hoped the PCH Task Force meeting resulted in action. He discussed Public Safety Power Shutoff (PSPS) events and stated that they inordinately impacted specific segments of the population but benefited the entire population. He recommended the City explore ways to support residents who repeatedly lost power. He suggested the City lobby the State to adopt legislation that imposed a fine or fee on power companies for PSPS events based on the number of households and hours without power to fund solutions and mitigation of the negative effects.
Mayor Pro Tem Stewart suggested more research on how PSPS events and Southern California Edison (SCE) operated before flnes and mitigation solutions were proposed.
Mayor Uhring stated he would like an explanation and additional information from SCE about their operation.
Councilmember Grisanti pointed out that under SCE’s license to operate in the State of California, they were guaranteed a profit and when they lost litigation, they received permission to have costs passed on to the customers.
Councilmember Silverstein stated that SCE was a for profit organization that had no incentive to spend money to harden areas unless legislatively required or the cost of not doing so was greater.
Mayor Pro Tem Stewart stated he attended the 69 Bravo event, Assemblymember Horvath’s presentation, the Malibu Half Marathon and 5K, and the Business Roundtable.
Mayor Pro Tem Stewart requested a consensus to direct staff to bring back an item to allow each Councilmember to have the option to appoint an alternate planning commissioner to serve in the event of recusal, or medical, travel, or business reasons. He requested the City Attorney prepare a memo outlining how that might be accomplished. He stated that this had never been done in California before and Malibu City Council
Minutes ofNovember 13, 2023
they would be setting a new standard. He suggested a meeting to discuss the proposal once the City Attorney prepared a memo and there was a better understanding of the proposal.
Councilmember Grisanti stated that he was in favor of the City Attorney providing the information needed for them to make an informed decision.
Councilmember Riggins indicated agreement with Councilmember Grisanti.
Mayor Uhring stated that during the four years he served on the Flaming Commission, there was only one occasion where there was a tie vote, and that was due to a Flaming Commissioner recusal. He voiced concern that Flaming Commissioners needed to fully understand and apply the rules and an alternate Commissioner might not be called upon for years and questioned their effectiveness. He stated that he did not see the matter as an enormous problem.
Councilmember Silverstein stated that he supported bringing the matter back for discussion, because he supported bringing baCk anything that anyone on the Council felt was important to discuss. He stated that he was inclined to be opposed to the proposal itself but would wait to hear more information. He stated that a two— two tie vote was a rej ection. He stated that it was not a problem when there was an occasional two-two tie, it was just another way to get a no. He stated that proj ects that were not obj ectionable, did not end up with a no vote. He stated that obj ectional projects often ended up with a yes vote.
Mayor Pro Tem Stewart clarified that it was not about breaking the two-two ties as much as ensuring everyone on the Council had a representative at the Plaming Commission meetings. He stated that the commitment to 24 meetings per year was a deterrent for potential commissioners and splitting up duties amongst people was beneficial. He stated that bringing it back for discussion was worthwhile.
Councilmember Silverstein stated that the Council could do many things by adopting ordinances, which included the matter at hand. He stated that the Council did not need the City Attorney to tell them whether they could do it.
In response to Councilmember Silverstein, Interim City Attorney Rusin stated that assertion depended upon whether it conflicted with State law. He stated that the Council had police power and ability to regulate things not controlled by the State or County. He stated the Avalon had one alternate Plaming Commissioner and was not aware of a one-to-one type of replacement but could research the matter.
CONSENSUS
By consensus, the Council directed staff to bring back a report on feasibility and actions needed for appointment of an alternate Plaming Commission by each Councilmember.
Mayor Pro Tem Stewart commended City staffs performance when fire broke out Malibu City Council
Minutes of Novemb6r 13, 2023
just after 1:00 am. in Topanga on November 9, 2023. He stated that there were marked improvements from the City’s understaffed response to the 2018 Woolsey Fire. He reported that he. attended the Veterans Day ceremony in the Council Chambers, and it was an honor to be in the presence of the heroes and remember those Who were no longer with them. He emphasized the importance of the PCH Task Force meeting. He reported that he attended the November 6, 2023, swearing in of his appointee on the Flaming Commission. He stated that over the past eight months, he interviewed seven candidates potential commissioner candidates, three ‘ of whom were women. He stated that all but one of the seven very qualified people expressed concerns about the unwarranted comments on social media and elsewhere and how it would affect their professional careers and their reputations even more than the time commitment. He discussed the damage uninformed social media posts had on recruitment of qualified commissioners. He urged the community to set the pace on PCH by observing the speed limit.
Mayor Uhring reported that he, Councilmember Riggins, Environmental Sustainability Director Bundy, and Dark Sky Ordinance consultants toured commercial properties to see compliance progress. He announced an Environmental Sustainability Subcommittee meeting would be held November 15, 2023, for discussion on changes to the ordinance that allowed for quicker implementation. He reported that he attended the Veterans Day ceremony.
ITEM 3
MOTION
Councilmember Grisanti stated that he attended the Veterans Day ceremony and commended Mayor Uhring’s introduction and. representation of the City.
By consensus, the Council directed staff to invite a representative from Southern California Edison to provide an update on Public Safety Power Shutoffs.
CONSENT CALENDAR
Item No. 3.B.8. was pulled by the Council.
Mayor Uhring moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item No. 3.B.8. The question was called, and the motion carried unanimously, Councilmember Silverstein opposed Item No. 3.B.4.
CONSENSUS
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
None.
B. New Items
1. 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
Malibu City Council
Minutes ofNovember 13, 2023
Recommended Action: Allow and approve warrant demand numbers ' 70592-70814 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. 735 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 5,059,745.94. City of Malibu payroll check number 5382-5384 and ACH deposits were issued in the amount of $722,284.47. Approval of Minutes Recommended Action: Approve the minutes for the February 27, 2023 Malibu City Council Regular meeting, March 13, 2023 Malibu City Council Regular meeting, and March 22, 2023 Malibu City Council Special ‘ meeting.
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 23- 14, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.
Award Malibu Park Resurfacing Proj ect
Recommended Action: 1) Approve the award and authorize the Mayor to execute a construction contract with J & H Engineering General t Contractors, Inc. in the amount of $658,817 for the construction of the Malibu Park Resurfacing Proj ect, Specification No. 21 07; and 2) Authorize the Public Works Director to approve any potential change orders up to 19% of the contract amount.
Westward Beach Road Shoulder Repair Proj ect
Recommended Action: l) Approve the award and authorize the Mayor to execute a construction contract with J & H Engineering General Contractors, Inc. (J&H) in the amount of $64,363.50 for the construction of the Westward Beach Road Shoulder Repair Proj ect, Specification No. 2070; and 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount.
Award Professional Services Agreement with Water Resources Economics, LLC
Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Water Resources Economics, LLC to prepare the 2024 Wastewater and Recycled Water Rates Update for the Civic Center Water Treatment Facility (CCWTF) — Phase One.
Investment Report for the Month Ending September 30, 2023 Recommended Action: Receive the Investment Report for the month ending September 30, 2023.
10. ‘ Fee Study Professional Services Agreement
Recommended Action: Authorize the Mayor to execute the Professional Services Agreement with Matrix Consulting Group, Ltd., for conducting a Fee Study.
ll. Amendment to Professional Services Agreement with Stoel Rives LLP Malibu City Council
Minutes ofNovember 13, 2023
Recommended Action: Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with Stoel Rives LLP for a total contract amount not—to-exceed $175,000.
The following item was pulled from the consent calendar for individual consideration:
8. Reiection of Bids for the Legacy Park Benches and Arbors Renovations Project
Recommended Action: l) Reject all bids received for the Legacy Parks Benches and Arbors Renovations Proj ect, Specification 2105 and 2) Direct p staff to split up the project into two separate projects and rebid the bench renovations portion of the proj ect.
The Council directed questions to staff.
MOTION
ITEM 4
Public Works Director DuBoux presented the staff report.
The Council discussed the item and directed questions to staff.
Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to: 1) reject all bids received for the Legacy Parks Benches and Arbors Renovations Project, Specification 2105 and 2) direct staff to split up the project into two separate projects and rebid the bench renovations portion of the project. The question was called, and the motion carried unanimously.
ITEM 5 OLD BUSINESS
ORDINANCES AND PUBLIC HEARINGS
An amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) and the Local Coastal Program to Update Regulations Related to Accessory Dwelling Units Recommended Action: Continue this item to the November 27, 2023 City Council Meeting.
This item was continued to the November 27, 2023 City Council meeting upon approval of the agenda.
Woolsey Fire Fee Waiver Program
Recommended Action: Adopt Resolution No. 23—50 superseding and replacing Resolution No. 23-40, directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence, and finding the action to be exempt from the California Environmental Quality Act.
Flaming Director Mollica presented the staff report.
Malibu City Council
Minutes ofNovember 13, 2023
MOTION
MOTION
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speaker: Norm Haynie
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 and Mr. Haynie.
Mayor Uhring moved, and Councilmember Riggins seconded a motion to: l) adopt Resolution No. 23-50 superseding and replacing Resolution No. 23-40, directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence, andflnding the action to be exempt from the California Environmental Quality Act; 2) direct staff to bring back an item to discuss Ordinance No. 450 (Primary View Moratorium in Disaster Areas). The questi was called, and the motion carried 4-1, Councilmember Silverstein opposed.
Ite nitia Cdeo Amendmsent to Asddres Home Saing hr
Recommended Acio 1) Receive a report from staf and 2) Adopt Resolulon No 23 16 1n11a1ng an amendment to the Malibu Mun1c1pal Code (MMC) and 1n11a1ng an amendment to the Local Coastal Program Local Implementalon Plan confirming that timeshare use in the City is prohibited and finding the action exempt from the California Environmental Quality Act.
Plannng i Director Mollica presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speaker: Jo Drummond
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.
Councilmember Grisanti moved to adopt Resolution No. 23-16 initiating an amendment to the Malibu Municipal Code (MMC) and initiating an amendment to the Local Coastal Program Local Implementation Plan confirming that timeshare use 1n the City 1s proiblted and finding the aclon exempt from the Califorma Env1ronmental Quaity Ac
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Malibu City Council
Minutes ofNovember 13, 2023
Councilmember Riggins seconded the motion and moved to direct the Flaming Commission to schedule a public hearing to consider a Zoning Text Amendment and Local Coastal Program Amendment clarifying the timeshare prohibition.
The amendment was accepted by the maker of the motion.
The Council discussed the amended motion and directed questions to staff.
Councilmember Silverstein moved to amend the amended motion to instruct the Flaming Commission to not address existing timeshares.
FRIENDLY AMENDMENT
FRIENDLY AMENDMENT
O
ITEM 6
S
MOTION
,The amendment was accepted by the maker and the seconder of the motion.
The question was called, and the amended motion carried unanimously.
NEW BUSINESS
MOU and License Agreement with Zuma Beach FM Emergency and Community Broadcasting. Inc. (KBUU) for a Booster Antenna at Malibu Bluffs Park (Continued from October 23. 2023)
Recommended Action: Authorize the Mayor to enter into a License Agreement and Memorandum of Understanding with Zuma Beach FM Emergency and Community Broadcasting, Inc. to utilize Malibu Bluffs Park as the location for an FM booster station.
In response to Interim City Attorney Rusin, Councilmembers Grisanti and Riggins and Mayor Pro Tem Stewart stated any donation they had made to KBUU was not donated for the proj ect being discussed.
Public Safety Director Dueflas presented the staff report.
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 table for discussion.
Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to authorize the Mayor to enter into a License Agreement and Memorandum of Understanding with Zuma Beach FM Emergency and Community Broadcasting, Inc. to utilize Malibu Bluffs Park as the location for an FM booster station. The question was called, and the motion carried unanimously.
Resolution No. 23-51 Authorizing One-Time Winter Closure of Cigl Hall MOTION
Malibu City Council
Minutes ofNovember 13, 2023
Recommended Action: Adopt Resolution No. 23-51 authorizing the one-time closure of City Hall for the designated period of Friday, December 22, 2023, through Monday, January 1, 2024.
Deputy City Manager Brown presented the staff report.
Mayor Uhring opened the floor to public comment. As there were no speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item.
Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to adopt Resolution No. 23-51 authorizing the one-time closure of City Hall for the designated period ofFriday, December 22, 2023, through Monday, January 1, 2024. The question was called, and the motion carried unanimously.
RECESS
MOTION
At 8:45 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 8:56 p.m. with all Councilmembers present.
Consideration of Declaration of Emergency Regarding Conditions on PCH Recommended Action: Adopt Resolution No. 23-52 declaring the existence of a local emergency.
Mayor Uhring opened the floor to public comment.
Speakers: Jo Drummond and Ryan Embree
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.
Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to adopt Resolution No. 23-52 declaring the existence of a local emergency.
The Council discussed the motion and directed questions to staff.
FRIENDLY AMENDMENT
Councilmember Riggins moved to amend the language in Recital F from “noticed” to “tragically aware.”
The amendment was accepted by the maker and the seconder of the motion.
The Council discussed the item and directed questions to staff.
Interim City Attorney Rusin presented the staff report.
MOTION
ITEM 7
MOTION -
Malibu City Council
Minutes of November 13, 2023
The question was called, and the amended motion carried unanimously.
Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 7.A. before 6.D.
The Council discussed the motion.
The question was called, and the motion carried 3-2, Councilmember Silverstein and Mayor Uhring opposed.
COUNCIL ITEMS
'Smart Coast California Presentation (Councilmember Grisanti) (Continued from October 23, 2023) 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.
Councilmember Grisanti presented the staff report.
Mayor Uhring opened the floor to public comment.
Speakers: Marta Brown, Howard Rudzki, Jo Drummond, Norm Haynie, and Ryan Embree 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 and Ms. Brown.
Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to table for one year consideration ofj oining the Smart Coast Municipal Collective group.
The Council discussed the motion.
The question was called, and the motion carried unanimously.
NEW BUSINESS (Continued)
Consideration of Gift of Smart Coast California Membership Fees from Councilmember Grisanti (Continued from October 23, 2023) Recommended Action: Determine whether to accept a giftfrom 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.
MOTION
MOTION
ITEM 7
. Malibu City Council
Minutes ofNovember 13, 2023
Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to postpone for one year the determination of 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 was on the City Council.
The question was called, and the motion failed, 2-2-1, Councilmember Silverstein and Mayor Uhring opposed, and Councilmember Grisanti abstained.
Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to remove from the agenda consideration of the gift of Smart Coast California membership fees from Councilmember Grisanti. The question was called and the motion carried 4-1, Councilmember Grisanti abstained.
COUNCIL ITEMS (Continued)
MOTION
Proposed 2024 Calendar of City Council Meetings
Recommended Action: Approve the proposed 2024 Calendar of City Council meetings.
City Clerk Pettij ohn presented the staff report.
Mayor‘Uhring opened the floor to public comment. As there were no speakers present, Mayor Uhring returned the matter to the table for discussion.
Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to approve the proposed 2024 Calendar of City Council meetings. The question was called, and the motion carried unanimously.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 10: 19 p.m.
Approved and adopted by the City Council of the ,
Ci of Malib arch 25, 2024.
STEVE UHRING, Mayor L ATTEST: ‘