MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
JANUARY 8, 2024
COUNCIL CHAMBERS
6:30 P.M.
MEETING CALL TO ORDER
Mayor Pro Tem Stewart called the meeting to order at 5:31 pm. [j
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring (arrived 5:45 p.m.); Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
PUBLIC COMMENT ON CLOSED SESSION
Mayor Pro Tem Stewart opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 5:32 p.m., the Council recessed to Closed Session to discuss'the following items listed on the Closed Session agenda:
Conference with Legal Counsel — Existing litigation pursuant to Government Code Section 54956.9(d)(1):
Case Name: City’s Petition to Form Malibu USD from'Territory in the Santa Monica-Malibu USD
REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:48 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 ALSO PRESENT: Trevor Rusin, Interim City Attomey; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Susan Duefias, Public Malibu City Council
Minutes of January 8, 2024
Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Christina Munoz, Deputy City Clerk; and Adrian Fernandez, Assistant Planning Director
PLEDGE OF ALLEGIANCE
Norm Haynie 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)(1). He stated Mayor Uhringjoined the meeting at approximately 5:45 p.m. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on December 21, 2023, with the amended agenda posted on January 4, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda and adjourn in memory of Ray Humphrey and Lyon Herron.
FIRENDLY AMENDMENT
Councilmember Stewart moved to hearing Item No. 6.C. before Item No. 6.B.
The Council discussed the amendment.
The maker and seconder of the motion accepted the amendment.
The question was called, and the amended motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation on Southern California Edison Updates
Andrew Thomas, Southern California Edison (SCE) Government Relations Manager, presented on recent public safety power shutoff (PSPS) events and communication tools. John Morehouse, SCE, had technical difficulties and was unable to present.
The Council directed questions to Mr. Thomas.
ITEM 6 NEW BUSINESS
MOTION
Malibu City Council
Minutes of January 8, 2024
Road Race Agreement
Recommended Action: At the recommendation of the Road Race Ad Hoc Committee, approve the Agreements with Malibu Race Series LLC and Zuma Foundation Inc. for the two allowable Road Race Temporary Use Permits.
Community Services Director Riesgo presented the staff report.
Mayor Uhring announced that, due to the number of speakers, each speaker would have two minutes to speak.
Mayor Uhring opened the floor to public comment.
Speaker: Jim Duncan, Elizabeth Rodrigues, Meril May, Linda Rooney, Pamela Conley Ulich, Merlin Clarke, Michael Epstein, Eric Gilseman, Keith Simmons, Nick Angio, Kasey Earnest, Cassidy Case, Erica Segel (Scott Brockwa deferred time to Ms. Segel), Ben Dewitt, Marty O’Malio, Robyn Simon, Jo Drummond, Veronica Hoomani, Maksym Shepitko, Tony Mark, Mikke Pierson, Brennan Lindner (Tim Bomba, Jake Ralph, and Paul Hekimian deferred time to Mr. Lindner), Heather Wildman, Lara Weberling, Robert Laurita, Teri Brown, Bill Sampson, Valentina, Tanvir H., and Rosa O’Reilly Christian Markey was not present at the time of the hearing.
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 the Road Race Ad Hoc Committee, Mr. Epstein, Mr. Lindner, Ms. Segel, and Mr. Angio.
Councilmember Silverstein moved to: 1) approve the agreement with Zuma Foundation Inc., amending Sections 6.6 and 6.9 as presented, and 2) approve an agreement with Malibu Moves, amending Sections 6.6 and 6.9 as presented.
FRIENDLY AMENDMENT
Mayor Pro Tem Stewart seconded the motion and moved to amend Section 6.6 to direct the donation to “Malibu youth based 501(c)(3) organizations” and revert section 6.9 for the Zuma Foundation Inc. agreement.
The maker accepted the amendment.
The Council discussed the motion and directed questions to Ms. Case.
Councilmember Silverstein withdrew the motion to consider the two agreements separately.
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to approve the agreement with Zuma Foundation Inc., amending Section 6.6. The MOTION
Malibu City Council
Minutes ofJanuary 8, 2024
question was called, and the motion carried unanimously.
Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to approve an agreement with Malibu Moves, amending Sections 6.6 and 6.9, and direct staff to make any further changes to form as recommended by the City Attorney and approved by the City Manager. The question was called, and the motion carried 4-1, Councilmember Riggins opposed.
At 9:26 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 9:38 p.m. with all Councilmembers present.
RECESS
PUBLIC COMMENTS
Meril May thanked the City for the increased presence of law enforcement on Pacific Coast Highway (PCH). He recommended the City advertise upcoming Caltrans projects and warn motorists to drive carefully. He stated speed cameras were the next step for PCH safety. He stated palm trees across from HRL posed a fire hazard. He discussed the December 21, 2024 Tesla crash at Busch Drive.
ITEM 2.A.
Scott Dittrich discussed the SCE presentation and recent PSPS events.
Jo Drummond stated the City should focus on safety and the environment. She recommended the Council direct staffto focus on the permanent skate park project, getting the communicatiOns tower at the SMC Malibu Campus lowered and camouflaged, lowering permit fees for small projects, prioritizing like-for—like fire rebuilds, developing recreation facilities on the City’s vacant land, removing fire hazards, and undergrounding utilities. She recommended having a potluck at City Council meetings.
Andy Lyon discussed the appeal of the Coastal Development Permit (CDP) for the permanent skate park. He recommended the Council deny the appeal and approve the project as proposed.
Colin Drummond stated he intended to speak on Item No. 7.A.
Tamikofuote discussed the importance of controlling speeding on PCH. She discussed her husband’s death on PCH.
Kraig Hill stated he intended to speak on Item No. 7.A.
Ryan Embree was not available at the time of the hearing.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
City Manager McClary stated in December 2023 the California Secretary of Transportation visited Malibu and toured PCH with City staff and other Caltrans officials. He stated the Secretary shared that he had committed $4.25 million ITEM 2.B.
Malibu City Council
Minutes of January 8, 2024
dollars for improvements on PCH in Malibu. He stated the City had a PCH Safety webpage that was regularly updated with infomation from all relevant agencies.
He stated staffwas working on a long-term contract with California Highway Patrol (CHP) for enforcement on PCH. He stated staff had requested modifications to the contract and they were being reviewed by legal teams in Sacramento. He reported on other recent accidents on PCH. He announced a screening of 21 Miles in Malibu on January 18, 2024. He announced the Homeless Count on January 24, 2024 and stated volunteers were still needed. He announced a City Council Study Session on the Draft Housing Element on January l7, 2024. He stated the Temporary Use Permit (TUP) Ordinance was scheduled for the February 12, 2024 City Council meeting.
Captain Jennifer Seetoo, Los Angeles County Sheriff’s Department, discussed a fatal accident in Malibu and stated detectives did not believe that accident was caused by speed. She discussed a speeding incident on December 28, 2023 where the suspect was driving over 100 mph. She discussed joint operations with CHP.
She discussed the importance of adding speed cameras in the City. She discussed the importance of focusing on school safety in addition to PCH safety. She stated the School Safety Sergent would be returning later this month and she planned to meet with the mother of a school shooter who educated the public on this issue.
She stated the Los Angeles County Sheriff’s Department was partnering with the Las Virgenes School District to add their public facing cameras to the real time crime system. She stated she looked forward to partnering with the City and Santa Monica-Malibu Unified School District on more school safety efforts.
Mayor Uhring stated the City’s lobbyist California Strategies was working on a draft bill to permit speed cameras in Malibu and the draft would be provided to Senator Ben Allen by January 18, 2024. He requested Captain Seetoo provide statistics on the number of speeding tickets issued to the City so that information could be conveyed to California Strategies.
ITEM 2.C.
Scott Dittrich, Public Works Commission, stated that since the accident on PCH that killed four Pepperdine students, the Commission had been focusing on aspects of Public Works that can be used to enhance safety. He discussed Public Works Director DuBoux’s efforts to work with Caltrans on PCH improvements. He discussed the broken windows theory and recommended focusing on minor violations such as excessive noise, in addition to speeding Violations.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he enjoyed the holidays and spoke to a lot of residents. He encouraged everyone to obey the speed limit.
Councilmember Riggins stated she received positive feedback from the employees about the winter holiday closure. She stated she attended a League of California Cities event last week on the zero bail policy. She announced a volunteer weed pulling event at Point Dume Headlands on January 10, 2024.
ITEM 3
MOTION
Malibu City Council
Minutes of January 8, 2024
Councilmember Silverstein thanked the public speakers and those who submitted written comments. He stated he had spent a lot of time on research for Item No. 7.A. and on understanding issues related to the farmer’s market. He stated he spoke with Supervisor Horvath on both issues. He stated he had been conscientiously driving the speed limit and stated many people were speeding, including in construction zones.
Mayor Pro Tem Stewart encouraged everyone to set the pace on PCH by obeying the speed limit. He discussed the meeting with the Secretary of Transportation and stated he learned that in California speed limits were determined based on the actual speed of drivers. He stated it was important to encourage slower driving so the speed limit on PCH could be lowered. He recommended the Public Safety and Public Works Commissions have more joint meetings to work on PCH safety items. He stated he attended a PCH Task Force meeting, and the PCH tour with the Secretary of Transportation. He stated the PCH tour was planned at the direction ofthe Governor’s office and included many high-level officials from the State. He stated he attended a meeting with California Strategies and discussed the bill to approve speed cameras in Malibu. He discussed the challenges to get the bill approved and the limitations of the bill.
Mayor Uhring indicated agreement with all the comments about the importance of limiting speeding on PCH. He stated he enjoyed the holidays.
Mayor Pro Tem Stewart discussed The Malibu Times articles on PCH safety and thanked them for their support on the issue. He thanked Hans Laetz for covering the issues on KBUU.
In response to Mayor Uhring, the Councilmembers indicated that they intended to complete the agenda tonight and hear Item No. 7.A.
CONSENT CALENDAR
Item No. 3.A.1. was pulled by the public. Item Nos. 3.B.6. and 3.B. 12. were pulled by the Council.
Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion .to approve the Consent Calendar, pulling Item Nos. 3.A.1., 3.B.6., and 3.B.12. The question was called, and the motion carried unanimously.
The Consent Calendar consisted of the following items:
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 of January 8, 2024
Recommended Action: Allow and approve warrant demand numbers 70991-71201 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. 738 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,518,910.43. City of Malibu payroll check number 5394-5395 and ACH deposits were issued in the amount of $452,344.84. Approval of Minutes Recommended Action: Approve the minutes for the May 22, 2023 Malibu City Council Regular meeting, May 24, 2023 Malibu City Council Special meeting, and May 31, 2023 Malibu City Council Special meeting. Door Security Card Access Control System Upgrade and Expansion Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Westem Audio Visual & Security Card Access Control System Upgrade and Expansion not to exceed $80,648.80. Digital Multifunction Device Award Recommended Action Authorize the Mayor to execute an Agreement with Toshiba Busmess Solutlons for Multlfunction printer leas1ng, malntenance and serv1ces 1n the amount of $42 644 16 ' Resolut1on to Approve CALFIRE Grant Application Recommended Action: Adopt Resolution No. 24-02 approving an application for the “California Climate Investment Fire Prevention Grant Program” and appointing the City Manager, or designee the authority to take actions pursuant to the program. Request for Letter of Support Recommended Action Authorize the Mayor to sign a letter of support for the CAL FIRE Wlldfire Preventlon Grant for the Santa Monica Mountains Reglonal F1re Safe Councll Amendment to Professmnal Services Agreement with Record Xpress of California LLC, DBA Access Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Professional Services Agreement with Record Xpress of California LLC, DBA Access, for storage of the City’s offsite records, services and transportation pertaining to records management to extend the term of the Agreement to December 3 1 , 2025 and update the fee schedule. 10. Amendment No. 7 to Agreement with Turbo Data Systems Recommended Action: Authorize the Mayor to execute Amendment No. 7 to the Professional Services agreement with Turbo Data Systems for Parking Citation Processing Services. 11. ~ Pacific Coast Highway Median Improvements Project Recommended Action: 1) Authorize the Mayor to execute an agreement with Stacy and Witbeck, Inc. in the amount cf $1,362,986 for the Pacific Coast Highway Median Improvements Project Specification No. 2049; and 2) Authorize the Public Works Director to approve potential change orders up to 20%.
13. Investment Report for the Month Ending November 30, 2023 Malibu, City Council
Minutes of January 8, 2024
Recommended Action: Receive the Investment Report for the month ending November 30, 2023.
14. Amendment to Professional Services Agreement with CSG Consultantst Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Agreement with CSG Consultants, Inc. for planning contract services to increase the total compensation.
The following items were pulled from the consent calendar for individual consideration:
A. Previously Discussed Items
1. Second Reading and Adoption of Ordinances Nos. 5 1 0 and 511 Recommended Action: l) COnduct second reading, unless waived, and adopt Ordinance N0. 510, an ordinance of the City of Malibu approving Local Coastal Program Amendment No. 18-002, an amendment to the LCP to update accessory dwelling units (ADU) Regulations, and Zoning Text Amendment (ZTA) No. 18-004, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes, and changing the term second units to ADUs, and flnding the amendments exempt from the California Environmental Quality Act (CEQA); and 2) Conduct second reading, unless waived, and adopt Ordinance No. 511 approving ZTA No. 18-004, an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and finding the amendments exempt from CEQA.
Mayor Uhring opened the floor to public comment.
Speakers: Norm Haynie
As there were no other speakers present, Mayor Uhring retumed the matter to the table for discussion.
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adopt Ordinance No. 510, an ordinance of the City of Malibu approving Local Coastal Program Amendment No. 18-002, an amendment ' to the LCP to update accessory dwelling units (ADU) Regulations, and Zoning Text Amendment (ZTA) No. 18-004, an amendment to Title 17 (Zoning) ofthe Malibu Municipal Code (MMC) related to definitions, guest homes, and changing the term second units to ADUs, and finding the amendments exempt from the California Environmental Quality Act (CEQA); and 2) Conduct second reading, unless waived, and adopt Ordinance No. 5 11 approving ZTA No. 18-004, an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and finding the amendments exempt from CEQA.
The Council discussed the item and directed questions to staff.
MOTION
Malibu City Council
Minutes of January 8, 2024
The question was called, and the motion carried 3-2, Councilmember Silverstein and Mayor Uhring opposed
B. New Items
6. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) Recommended Action: Adopt Resolution No. 24-01 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with pacific coast highway in the City.
The Council discussed the item.
Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 24-01 extending the declaration of the ’ existence ofa local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other govemmental agencies to increase attention and create programs to reduce the risk and danger associated with pacific coast highway in the City. The question was called, and the motion carried unanimously.
12. Emergency Purchase of Lidar Speed Guns
Recommended Actlon Receive and file a report on an emergency purchase of lldar speed guns for traffic enforcement serv1ces The Council discussed the item and directed questions to staff.
Councilmember Silverstein, and Councilmember Grisanti seconded, a motion to receive and file a report on an emergency purchase of lidar speed guns for traffic enforcement services. The question was called, and the motion carried unanimously.
MOTION
ITEM 4
MOTION
ORDINANCES AND PUBLIC HEARINGS
Mayor Uhring moved, and Councilmember Riggins seconded a motion to hear Item No. 4.‘A. after 10:30 p.m. The question was called, and the motion‘carried unanimously.
Code Amendment to Extend Deadlines for Nonconforming In-kind Disaster Rebuild Projects
Recommended Action: 1) Conduct a second public hearing; and 2) Conduct a second reading, unless waived and adopt Ordinance No 5 l 3 adopting Zoning Text Amendment No 23 003 to amend Mallbu Mun1c1pal Code Sectlon 17 60 020(C) to add three years to the deadline to 1n1t1ate the plannlng appllcation process and obtaln bulldlng perm1ts to rebulld a nonconforming structure that was damaged or MOTION
ITEM 5
ITEM 6
MOTION
Malibu City Council
Minutes of January 8, 2024
destroyed in the Woolsey Fire and finding the action exempt for from the California Environmental Quality Act.
Mayor Uhring opened the floor to public comment.
Speakers: Jo Drummond, Georgia Goldfarb
As there were no other speakers present Mayor Uhring returned the matter to the table for d1scuss1on The Council discussed the item.
Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to adopt Ordinance No. 5 l 3 adopting Zoning Text Amendment No. 23-003 to amend Malibu Municipal Code Section 17.60.020(C) to add three years to the deadline to initiate the planning application process and obtain building permits to rebuild a nonconforming structure that was damaged or destroyed in the Woolsey Fire and finding the action exempt for from the Califomia Environmental Quality Act. The question was called, and the motion carried unanimously.
OLD BUSINESS
None.
NEW BUSINESS
Councilmember Riggins moved and Mayor Pro Tem Stewart seconded a motion to hear Item No 6 C after 10 30 p m The questlon was called and the motlon carrled unanimously
Malibu Schools Centralized Fundraising & Athletic Pathways Recommended Action: Direct staffto increase the General Fund Grant program to $553,100, for FY 2023—24, and make a one-time appropriation of $353,100 to the Malibu School Leadership Council through the Shark Fund.
Assistant City Manager Toney presented the staff report. ’Karin Al-Hardan, Malibu Education Foundation, presented the proposal.
Mayor Uhring opened the floor to public comment.
Speaker: Sion Roy, Kevin Keegan, Jo Drummond, Georgia Goldfarb, Wade Major, and Ryan Embree CZ: As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
Malibu City Council
Minutes of January 8, 2024
The Council dcussed is the item.
MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to direct staff to bring back on the Consent Calendar a Memorandum of Understanding with the Malibu Education Foundation to approve a one-time grant of $353,100. The question was called, and the motion carried unanimously.
B. Reorganization of City Council Agenda Format for Regular City Council Meetings (Continued from December 11, 2023)
Recommended Action: 1) Adopt Resolution No. 23-53 superseding and replacing Resolution No. 99-007 and Section 1 (VI)(A) ofResolution No. 98—083 to establish the start time and format for Regular City Council Meetings, 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 514 amending Malibu Municipal Code Section 2.08.010 and determining the start time of regular City Council meetings shall be set by resolution, and 3) Direct staff to schedule second reading and adoption of Ordinance No. 5 14 for the January 22, 2024 City Council Regular meeting.
MOTION Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to continue Item N0. 6.B. to the January 22, 2024 meeting. The question was called, and the motion carried unanimously.
MOTION Councilmember Riggins. moved, and Councilmember Silverstein seconded a motion to hear Item No. 6.D. after 10:30 p.m. The question was called, and the motion carried unanimously. ,4
D. ‘Malibu Farmer’s Market
Recommended Action: Review proposed options, including for possible relocation of the Malibu Farmer’s Market, and provide direction to staff.
Deputy City Manager Brown presented the staff report.
The Council directed questions to staff and Debra Bianco.
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded the motion to continue this item to the February 12, 2024 meeting.
Mayor Uhring opened the floor to public comment on the proposed continuance.
Speaker: Georgia Goldfarb, and Debra Bianco
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion. , I The question was called, and the motion carried unanimously.
ITEM 7 ' COUNCIL ITEMS
Malibu City Council
Minutes of January 8, 2024
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 7.A. after 10:30 p.m. The question was called, and the motion carried unanimously.
Traffic Calming Measures on Pacific Coast Highway (Mayor Uhring and Councilmember Silverstein)
Recommended Action: At the request of Mayor Uhring and Councilmember Silverstein, determine whether to direct staff to explore and implement traffic calming measures on Pacific Coast Highway pursuant to the Declaration of Local Emergency duly adopted by the City Council.
Mayor Uhring opened the floor to public comment.
Speaker: Michael Sugimoto (Marshall Craig and Ava Heinart deferred time to .Michael Sugimoto), Bridget Thompson (Zoe Hunt and Carolyn Kimball deferred time to Bridget Thompson), Jo Drummond, Jefferson Wagner, David Rolston, Colin Drumond, Kraig Hill, Damian Kevitt, Georgia Goldfarb, and Ryan Embree As there. were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
MOTION
The Council discussed the item.
Councilmember Silverstein moved, and Mayor Uhring seconded a motion to continue to: 1) continue this item to the January 22, 2024, and 2) direct staff to combine the report with information on ongoing PCH safety projects and schedule the item before Item No. 2.A. on the January 22, 2024 agenda. The question was called, and the motion carried unanimously.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 12:22 a.m. on Tuesday, January 9, 2024 in memory of Coach Humphrey and Lyon Heron A
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ed and adopted by the City Council of the
Malibu il 8, 2024.
MRING, Mayor
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