MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
JANUARY 22, 2024
COUNCIL CHAMBERS
6:30 P.M.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 6:35 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 Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Richard Mollica, Planning Director; Susan Dueflas, Public Safety Director; Rob DuBoux, Public Works Director; Gail Karish, BBK; Parker Davis, Media Technician; Jason Lawrence, Deputy City Clerk; and Travis Hart, Deputy Public Works Director
PLEDGE OF ALLEGIANCE
Chris Frost led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on January 12, 2024, with the amended agenda posted on January l8, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Silverstein moved to approve the agenda, hearing Item No. 6.F. after the consent calendar.
FRIENDLY AMENDMENT
Councilmember Riggins seconded the motion and moved to hear Item No. 6.B. after Item No. 7.A.
The amendment was accepted by the maker of the motion.
FRIELDY AMENDMENT
Mayor Pro Tem Stewart moved to hear Item No. 6.D. after the consent calendar and before Item No. 6.F.
The amendment was accepted by the maker and the seconder of the motion.
ITEM 1
ITEM 6
Malibu City Council
Minutes of January 22, 2024
The question was called, and the amended motion carried unanimously.
CEREMONIAL/PRESENTATIONS
' Presentation of City Tile to Kelsey Pettijohn for Seven Years of Service to the City of Malibu Mayor Uhring presented the City Tile to City Clerk Pettijohn.
City Clerk Pettijohn thanked the Council for the recognition.
NEW BUSINESS
Pacific Coast Highway Safety Review
Recommended Action: Receive and flle the January 2024 Pacific Coast Highway Safety Report and provide direction to explore traffic calming measurers pursuant to the Declaration of Emergency.
Deputy City Manager Brown presented the staff report.
The Council directed questions to- staff.
Mayor Uhring opened the floor to public comment.
Speaker: Harris Hart, Margot Smit, Alexandria Andres, Michael Sugioto, Bridget Thompson, Brooke Doherty, Myers Mentzer, Kraig Hill, Jo Drummond, Ryan Embree, Barry Stewart, Robert Seltzer, Andy Lyon, and Georgia Goldfarb As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
MOTION
The Council discussed the item and directed questions to staff.
Councilmember Silverstein moved, and Mayor Uhring seconded a motion to direct staffto bring back a list of concrete actions the City can take to address PCH safety.
The Council discussed the motion.
FRIENDLY AMENDMENT
Mayor Pro Tem Stewart moved to direct staff to bring back an item in six weeks identifying additional feasible PCH Safety Projects.
The Council discussed the amendment.
The amendment was accepted by the maker and seconder of the motion.
Malibu City Council
Minutes of January 22, 2024
ITEM 2.A.
The question was called, and the amended motion carried unanimously.
PUBLIC COMMENTS
Tim Pera, MRCA Ranger, provided a ranger report for the last‘month. He stated 224 parking citations were issued, and four citations were issued for dogs on the beach and alcohol at Lechuza Beach. He stated additional officers were scheduled to patrol during the holidays and no incidents occurred. He stated four administrative citations were issued at Escondido Canyon Trail for off-trail use in a closed area and two citations were issued for dogs off—leash.
In responseto Councilmember Riggins, 'Mr. Pera stated the statistics reflected citations issued throughout the coastal division.
In response to Councilmember Silverstein, Mr. Pera stated MRCA Rangers also had the authority to pull over drivers for speeding.
Bobby LaBonge asked if the City was coordinating with Ventura and Santa Monica on PCH safety items. He discussed the Topanga Beach underpass and suggested it be utilized more to keep people safe when crossing PCH.
Mayor Uhring stated Los Angeles Councilmember Traci Park participated in the PCH tour with the Secretary of Transportation.
Mayor Pro Tem Stewart stated the Mayor of Santa Monica also participated in the PCH tour with the Secretary of Transportation.
Kraig Hill congratulated City Clerk Pettijohn. He suggested ways to address speeding on PCH, including bumper stickers and adding stop lights at entrances to the City. He discussed fractional ownership and taxes in Australia on unoccupied investment homes.
Ryan Embree discusseda Public Safety Commission assignment in the early 2000s to discuss and evaluate a traffic mitigation fee for new development. He recommended implementing a traffic mitigation fee. He recommended the City direct Sheriff’s Deputies escort drivers through the city, similar to mountain towns with heavy snow conditions.
Jo Drummond congratulated City Clerk Pettijohn. She stated the accident that killed four Pepperdine students was caused by a young male Malibu resident and discussed the importance of educating our students on driving safety. She thanked MRCA for clearing brush at Big Rock and PCH. She discussed weeding events at Point Dume Headlands every other Wednesday. She announced Malibu High School’s production of Frozen. She discussed’plans for Middle SchoolAthletics Pathway. She encouraged the public to attend the SM—MUSD districting meeting at the Santa Monica College Malibu campus. ‘ ITEM 2.B.
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Minutes of January 22, 2024
Ted Vaill stated he was not recognized to speak on Item No. 6.A. because he submitted a speaker slip after the item was called. He indicated support for Councilmember Silverstein’s comments. He questioned why the Sheriff’s Department could not hire additional staff when CHP was hiring new officers. He questioned why the Malibu Film Society did not have a location in the City to host film screenings.
Farnaz Gaminchi discussed a homeless encampment near Rambla Orienta. She discussed safety concerns related to the homeless encampment.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
City Manager McClary stated he attended a Las Virgenes-Malibu Council of Governments (COG) meeting where a fiber optic project was discussed. He discussed the Special City Council meeting on the draft housing element last week and stated public comment on the draft housing element was open through January 24, 2024. He stated after public comment closed the draft housing element would be provided to the California Department ofHousing and Community Development (HCD). He stated he attended a screening of 21 Miles in Malibu and participated in a panel discussion with the filmmaker Michel Shane and Captain Jennifer Seetoo. He stated the event was hosted by Santa Monica College and the Community Services Department.
Public Works Director DuBoux provided an update on the PCH Signal Synchronization Project. He stated the majority of the work going forward would be installing conduit on the land-side of PCH. He stated there were traffic control measures to ensure the work was completed safely, but it did have traffic impacts. He stated staff had submitted a new plan to Caltrans that would maintain two lanes of traffic in each direction.
In response to Councilmember Silverstein, Public Works Director DuBouX stated Caltrans had to approve traffic control measuresfor the project and they had been very‘accommodating for this project. He stated this project would not-have any night work. He stated staff could look into closing lanes at night.
In response to Councilmember Riggins, Public Works Director DuBoux stated members of the public could sign up for traffic notifications through the City’s website.
In response to Mayor Pro Tem Stewart, Public Works Director DuBoux discussed the challenges for this project that made night work impractical. He discussed the safety impacts.
City Manager McClary stated the annual homeless count was scheduled for January 24, 2024. He announced Mary Bradley had been brought on as the Interim Human Resources Manager. He announced a Los Angeles County Committee meeting on January 31, 2024 for a public hearing on SM-MUSD district elections. He stated Malibu City Council
Minutes 0f January 22, 2024
this hearing was unrelated to the City’s efforts to separate from SM-MUSD. He stated that the next Regular City Council meeting would be held in three weeks on February 12, 2024.
Sergeant Chris Soderlund, Los Angeles County SheriffDepartment, discussed a hit and run accident at Big Rock and stated a person of interest had been identified. He discussed an accident on January 11, 2024 near Duke’s Restaurant and stated DUI was suspected. He discussed a CHP pursuit that led through Malibu and led to an arrest. He stated that individual had bonded out. He discussed 2023 crime statistics. He stated there were 44 part one crimes in December 2023 and 476 part one crimes in 2023, down from 484 in 2022. He discussed an increase in vehicle burglaries at the beach and reminded members of the public not to leave valuables in their cars. He broke down crime statistics by age range and zip code and explained that majority of citations were issued to 20—34-year-olds and only 10% of citations were issued to residents in the 90265-zip code. He discussed a traffic stop with a speeding driver today.
In response to Councilmember Silverstein, Sergeant Soderlund stated the traffic stop did not involve a Malibu resident. He stated the individual pursued by CHP was a Malibu resident.
Counc11member Sllversteln thanked Sergeant Soderlund for staylng for the durat1on of every CounCII meetlng Councilmember Grisanti discussed a homeless encampment near La Costa that may be on property owned by Los Angeles County.
Mayor Pro Tem Stewart stated Public Safety staff may be working on the encampment near La Costa.
Mayor Uhring requested a list of citations broken down by zip code.
ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended a Las Virgenes-Malibu Council of Governments meeting and the 21 Miles in Malibu screening. He stated Malibu was 21 miles long in a straight line, but it was a 27‘mile long drive on PCH.
Councilmember Riggins stated she attended the 21 Miles in Malibu screening. She stated Malibu High School (MHS) had a safe driving event Every 15 Minutes every few years She dlscussed Klan and Joel Schulman s work on earth friendly management p011c1es 1n other Cltles She announced tree plantlng events at Topanga and Encmal Flats With the Resource Conservation District of the Santa Monica Mountains. She encouraged Malibu and County residents to get a home hardening assessment from the City of Malibu or the Resource Conservation District. She announced the Agents of Discovery program launching at Legacy Park and encouraged the public to download the app.
Malibu City Council
Minutes 0f January 22, 2024
Councilmember Silverstein stated he had been researching PCH safety issues. He stated he attended the 21 Malibu in Malibu screening. He stated the Council had taken actions to help the Malibu Film Society find a venue in the City and make their screenings available to all residents in Malibu, but it had not worked out. He stated under the City’s emergency declaration the City had the authority to enact a curfew and suggested implementing a curfew that prevented people from driving on PCH unless they were driving to or from their home.
In response to Councilmember Silverstein, Councilmember Grisanti stated Los Angeles County owned the property with the homeless encampment near La Costa.
Councilmember Silverstein discussed the City’s no camping ordinance and how it can be enforced. He stated the individual camping near La Costa was violating the City’s law. He suggested the City of Malibu file an amicus brief in the City of Grants Pass V. Johnson case. He discussed how Malibu attracted individuals experiencing homelessness who had never lived in Malibu.
Mayor Pro Tem Stewart indicated support for sending an amicus brief.
Councilmember Grisanti discussed the negative attention Malibu sometimes . received when it attached its name to an issue. He questioned ifthe City’s lobbyist California Strategies would recommend filing a brief.
In response to Councilmember Riggins, Interim City Attorney Rusin stated he believed the League 0f California Cities was filinga brief and discussed briefs by other cities. l]
CONSENSUS
By consensus, the Council directed staff to bring back an item to consider filing an amicus brief for the City of Grants Pass v. Johnson case.
In response to Councilmember Grisanti’s comments, Councilmember Silverstein stated he did not see Malibu becoming the subject of derision on this issue when many other officials and agencies had a similar position.
Mayor Pro Tem Stewart stated he attended the 21 Miles in Malibu screening. He discussed law enforcement officer recruitments and the limit on academy class sizes. He stated he attended a Los Angeles County City Selection Committee meeting on behalf of the Mayor. He stated he attended the homeless outreach community meeting. He stated he attended an Administration and Finance Subcommittee meeting to discuss an item for vacant land outreach.
Mayor Uhring stated he attended the 21 Miles in Malibu screening. He expressed concern that more children would be visiting Legacy Park for the Agents of Discovery program when there were individuals experiencing homelessness in the park.
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Councilmember Riggins stated City staff would be present at the event on Sunday and she did not expect children to have issues visiting the park with their parents during daytime hours.
ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.6. was pulled by the public.
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.6. The question was called, and the motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
None.
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 71202-71299 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. 739 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $826,373.49. City of Malibu payroll check number 5396-5398 and ACH deposits were issued in the amount of $975,423.03. 3. Approval of Minutes Recommended Action: Approve the minutes for the June l2, 2023 Malibu City Council Regular meeting, June 21, 2023 Malibu City Council Special meeting, and June 26, 2023 Malibu City Council Regular meeting. 4. Amendment to Professional Services Agreement with California Skateparks Recommended Action: l) Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with California Skateparks in the amount of $68,400, 2) Appropriate $68,400 from the Designated Reserve for the Case/Crummer Parcel to Account Number 310-9090-5100-00 (CIP ~ Skate Park).
5. Hazard Tree Removal and Fuel Reduction Grant Acceptance Recommended Action: l) Authorize the Mayor to enter into a grant agreement with the Santa Monica Mountains Conservancy (SMMC) for the continuation of grant funds for fire prevention and resiliency projects; and 2) Authorize the Mayor to execute Amendment No. 2 to the Agreement with Newbury Park Tree Services through December 31, 2024, or until grant services are completed.
Malibu City Council
Minutes of January 22, 2024
7. Los Angeles County Measure R Transportation Funding Agreement Amendment
Recommended Action: Authorize the Mayor to execute Amendment No. 3 to Measure R Funding Agreement extending a portion ofthe proj ect funding lapse date to June 30, 2024 for the Pacific Coast Highway (PCH) Signal Synchronization Proj ect.
8. Bluff’ s Park South Walkway Repair Proiect
Recommended Action: 1) Authorize the Mayor to execute a construction contract with Ardalan Construction Company, Inc. in the amount of $1 32,900 for the Bluff” s Park South Walkway Repair Project, Specification No. 2106; 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount; and 3) Appropriate $50,800 in Account No. 310-9097-5100 (Malibu Bluff’s Park South Walkway).
9. Amendment to'Professional Services Agreement with CJ Biomonitoring, LLC for Biological Review Consulting Services
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Agreement with CJ Biomonitoring, LLC. extending the tenn of agreement.
10. Investment Report for the Month Ending December 31, 2023 Recommended Action: Receive the Investment Report for the month ending December 3 1, 2023.
The following item was pulled from the consent calendar for individual consideration:
6. Purchase of Beach Team Equipment
Recommended Action: Authorize the purchase of five all-terrain vehicles for use by the Los Angeles County Sheriff’s Department Beach Team.
Mayor Uhring opened the floor to public comment.
Speakers: Ryan Embree and 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.
MOTION Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to authorize the purchase of five all-terrain vehicles for use by the Los Angeles County Sheriff” s Department Beach Team.
The Council discussed the item and directed questions to staff.
FRIENDLY AMENDMENT
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Minutes of January 22, 2024
Councilmember Silverstein moved to direct staffto work with Los Angeles County and explore whether County resources could be identified to fund the Beach Team.
The Council discussed the amendment and directed questions to staff and Sergeant Soderlund.
RECESS
The amendment was accepted by the maker and the seconder. The question was called, and the motion carried unanimously.
At 10:26 p.m., Mayor Uhring recessed the meeting. The meeting resumed at10:37 p.m. with all Councilmembers present.
ITEM 4 ORDINANCES AND PUBLIC HEARINGS
Exterior Elevated Elements (E3) Ordinance
Recommended Action: Continue this item to the February 12, 2024 Regular City Council‘meeting This item was continued upon approval of the agenda. [l OLD BUSINESS None.
ITEM 6
MOTION
NEW BUSINESS (Continued)
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.
Wireless Local Coastal Program Amendment Coastal Commission Staff Comments Recommended Action: 1) Receive and flle staff” s report; 2) Review and direct staff to submit a letter of objection regarding the suggested modifications for the California Coastal Commission (CCC) to consider at the February 7-9, 2024 CCC hearing; or 3) Direct staff to withdraw the application for the proposed Local Coastal Program Amendment (LCPA) and initiate a new LCPA to address comments from the CCC and hold public hearings on the new LCPA.
Planning Director Mollica presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speaker: Nichole McGinley (Jo Drummond deferred time to Nichole McGinley), Jenny Rusinko, Stephanie Sunwoo, and W. Scott McCollough Malibu City Council
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MOTION
MOTION
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. McCollough.
Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to receive and file staff’s report. The question was called, and the motion carried unanimously.
Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 6.F. after 10:30 p.m. The question was called, and the motion carried unanimously.
Agreement with California Highway Patrol
Recommended Action: Authorize the Mayor to execute an agreement with the California Highway Patrol for traffic enforcement services.
Public Safety Director Duenas presented the staff report.
Mayor Uhring opened the floor to public comment.
Speaker: Jo Drummond, 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.
Mayor Pro Tem Stewart moved, and Councilmember Silverstein seconded a motion to authorize the Mayor to execute an agreement with the California Highway Patrol for traffic enforcement services.
MOTION >
The Council discussed the motion.
The motion carried unanimously.
School Safetv Assessment
Recommended Action: l) Receive a report on the School Safety Assessment; and 2) Provide direction to staff as appropriate.
CONSENSUS
By consensus, the City Council: l) continued this item to the February 12, 2024 meeting; and 2) directed staff to schedule the item to be heard after the consent calendar on the February l2, 2024 agenda.
Malibu City Council
Minutes of January 22, 2024
E. Formula Retail Clearance Process
Recommended Action: Receive a presentation from the Planning Department describing the Formula Retail Clearance process established by Ordinance No. 43 1.
This item was continued to the February l2, 2024 meeting.
ITEM 7 COUNCIL ITEMS
A. Designation of Voting Delegate and Altemate Voting Delegatem for the 2024 Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly Recommended Action: Designate the City’s voting delegate and altemate voting delegate for the Southern California Association of Governments 2024 Annual Regional Conference and General Assembly scheduled for May 2—3, 2024 in Palm Desert. , This item was continued to the February 12, 2024 meeting.
ITEM 6 NEW BUSINESS (Continued)
B. Reorganization of City Council Agenda Format forMular City Council Meetings (Continued from January 8, 2024)
Recommended Action: l) Adopt Resolution No. 23-53 superseding and replacing Resolution No 99 007 and Section l (VI)(A) ofResolutlon No 98 083 to establlsh the start tlme and format for Regular C1ty Counc11 Meetlngs 2) After the C1ty Attorney reads the tltle of the ordinance introduce on first reading Ordinance No 5 14 amending Mallbu Mun1c1pal Code Sectlon 2 08 010 and determlnlng 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. 514 for the January 22, 2024 City Council Regular meeting.
This item was continued to the February 12, 2024 meeting.
ADJOURNMENT
Mayor Uhring adjourned the meeting on January 23, 2024 at 12:03 a.m.
Approved and adopted by the C1ty Counc11 of the