Agenda Item # 1.B.5.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: November 19, 2024 Meeting date: December 9, 2024 Subject: Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) RECOMMENDED ACTION: Adopt Resolution No. 24-61 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.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: On November 13, 2023, the Council adopted Resolution No. 23-52 declaring the existence of a local emergency in response to increasing reckless and illegal driving on PCH. The Council last reviewed and extended this declaration November 12, 2024.
The California Emergency Service Act allows the City to proclaim a local state of emergency when needed to protect the public safety in dire circumstances. The status and use of Pacific Coast Highway (“PCH”) currently constitutes a condition, or threatened condition, of extreme peril to the safety of persons and property within the City of Malibu.
PCH is the City’s main thoroughfare and each day serves as a commuting route, a residential street, a business corridor, and for persons accessing beaches and other local recreation amenities, a pathway used by pedestrians and cyclists. PCH is a California State Highway (State Route 1) that is managed and maintained by the California Department of Transportation (“Caltrans”) with a posted speed limit ranging between 45- City Council Meeting
12-09-24
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Agenda Item # 1.B.5.
55 miles per hour in the City. Excessive speeding, reckless driving, unsafe U-turns, and distracted driving caused by cell phone use and other distractions have resulted in increased collisions with other motorists, cyclists and pedestrians on PCH that have resulted in injury and death.
According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury mapping system, between 2018 and 2022, there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people. Data from the California Highway Patrol indicates that there have been 49 fatalities along PCH in Malibu from 2012-22. And finally, the Los Angeles Times has reported that there have been 170 combined deaths and serious injuries to drivers, passengers, cyclists, and pedestrians between 2011 and 2023 along PCH in the City. Further, countless other close calls or near misses from the danger posed by the conduct on PCH are impossible to quantify. Most recently, a crash occurred on PCH resulting in the tragic and unnecessary loss of four Pepperdine University students who were walking along PCH. According to authorities, the driver of the car was allegedly traveling at a speed in excess of 100 miles per hour when his vehicle lost control, sideswiped at least three parked cars, and then crashed into a group of people including the four Pepperdine University students and two others.
These statistics and the most recent tragedy are all consistent with the day-to-day experience of City residents, visitors, officials, and staff. PCH has become increasingly dangerous to residents and visitors due to the common occurrence of drivers speeding, driving recklessly, or driving while distracted. Residents and visitors are now forced to weigh and modify their use of PCH depending on the time of day and other factors (e.g., weather, weekend vs. weekday, existing traffic conditions, etc.) because of the danger posed. Despite efforts by the City and other governmental agencies to improve the safety of PCH, the point has been reached that the risk is just too great. The status quo is no longer acceptable and action must be taken to mitigate this local emergency.
PCH is a State Highway managed and controlled by Caltrans. Sections 83 and 90 of the Street and Highways Code state that Caltrans has jurisdiction, possession, control and responsibility for the maintenance of State Highways. Further sections of the Streets and Highways Code make clear that Caltrans is the entity with decision-making power over PCH in the City, including improvements, safety elements and speed limits. Further, Streets and Highway Code section 124 states that it is Caltrans, not the City, that can restrict the use of, or close, a State Highway for the protection of the public. Law enforcement agencies such as the Los Angeles County Sheriff’s Department (LASD) and the California Highway Patrol have enforcement jurisdiction over PCH for Vehicle Code violations and other code violations.
Safety on PCH is a problem that the City cannot address and fix alone. It and will need to work with Caltrans to make changes to PCH itself. Given its enforcement jurisdiction over PCH, the City can also work through the LASD to address vehicle code violations and related enforcement action. To effectively effect change, the City must coordinate and 2
Agenda Item # 1.B.5.
work together with its other governmental partners to implement strategies and solutions to reduce the danger on PCH for all users.
California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency.
These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community. Further, the City’s Municipal Code (Chapter 2.52) establishes the City’s disaster council and policies and procedures for dealing with a local emergency. The City’s purchasing ordinance (Chapter 2.56) allows for greater flexibility when making purchases for supplies or services in response to a local emergency. Thus, a declaration of local emergency provides the City greater flexibility to act expediently when trying to address and mitigate the danger posed by the local emergency. It may also aid in coordination with other governmental entities and allow the City access to other resources.
Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.
As such, City staff recommends adopting Resolution No. 24-61 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.
ENVIRONMENTAL REVIEW:
This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. These actions are also exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines. They also are exempt under CEQA Guidelines Section 15301 – existing facilities. Coordinating and improving infrastructure and safety as well as education and enforcement efforts for safer driving and use of PCH are all exempt activities. Further, to the extent there are minor/temporary uses of land having a negligible or no permanent effect on the environment, these activities are exempt under Section 15304(e) of the CEQA Guidelines.
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Agenda Item # 1.B.5.
ATTACHMENTS:
Resolution No. 24-61
4 RESOLUTION NO. 24-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
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 City Council of the City of Malibu does hereby find, order, and resolve as follows:
SECTION 1. Recitals.
A. Condition or threatened conditions of extreme peril to the safety of persons and property have arisen within the City of Malibu caused by the increase in reckless and illegal driving on Pacific Coast Highway (“PCH”) in the City. This reckless and illegal driving has led to increased collisions with other motorists, cyclists and pedestrians, resulting in injury and death.
B. According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury mapping System, between 2018 and 2022 there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people. According to data from the California Highway Patrol, there have been 49 fatalities along PCH through Malibu from 2012-22. According to the Los Angeles Times there have been 170 deaths and serious injuries to drivers, passengers, cyclists and pedestrians between 2011 and 2023.
C. On October 17, 2023, a crash occurred in the 21500 block of PCH resulting in the tragic loss of four Pepperdine University Students who were walking along the road. According to authorities, the driver of the car was traveling at a speed in excess of 100 miles per hour when he lost control, sideswiped at least three parked cars and then crashed into a group of people including the four Pepperdine University Students and two others.
D. PCH is a California State Highway managed and maintained by the California Department of Transportation (“Caltrans”). The posted speed limit along PCH in the City ranges between 45-55 miles per hour.
E. PCH is the City’s main thoroughfare and serves as a commuting route, a residential street and business corridor in the City.
F. City officials, City staff and City residents are tragically aware that PCH has become increasingly dangerous to residents, visitors and commuters, with drivers regularly exceeding the posted speed limits or driving recklessly or distracted which 5 Attachment 1
Resolution No. 24-61
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has resulted in not only the killing and maiming of pedestrians, cyclists and other motorists, but a collective fear and trauma about the risks posed by accessing PCH.
G. Despite efforts by the City and other governmental agencies to improve the safety of PCH, PCH continues to pose a threat to those who drive, walk and/or cycle along it. Serious and dangerous collisions continue to occur too regularly, with four additional fatalities since November 2023.
H. California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code Section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency. These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community.
SECTION 2. It is hereby proclaimed that:
A. The above recitals are true and correct.
B. The increase in dangerous, illegal, reckless and/or distracted driving on PCH in the City currently poses extreme peril to persons and property in Malibu. As such, the City Council finds that the declaration of local emergency remains valid and necessary, and will remain in effect until the extreme danger has subsided.
C. To reduce and prevent the risks associated with dangers posed on PCH, City staff are directed to coordinate with Caltrans, the Los Angeles County Sheriff, the California Highway Patrol, and other entities and government agencies to implement programs, increase enforcement of existing laws and/or develop solutions to reduce the danger on PCH to pedestrians, cyclists and other motorists from dangerous, illegal, reckless and/or distracted driving on PCH.
D. The City Director of Emergency Services, or designee, is directed and authorized to address any and all impacts and conditions caused by the emergency and to obtain any and all aid and assistance from local, county, state, or federal agencies, including but not limited to aid and assistance pursuant to the California Disaster Assistance Act, California Government Code Section 8690 et. seq.
E. The City Manager, as the Purchasing Officer of the City pursuant to Malibu Municipal Code Section 2.56.040 (B) is authorized to make purchases of supplies or services exceeding twenty-five thousand dollars ($25,000.00) in compliance with Malibu Municipal Code, Chapter 2.56.
6 Resolution No. 24-61
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F. City staff are directed to report back to the City Council regarding programs and strategies proposed or implemented to mitigate the risk associated with this local emergency.
SECTION 3. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.
SECTION 4. This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. In the alternative, find that the actions are exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines.
SECTION 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this __th day of ____ 2024. _____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
7
Agenda Item # 1.B.6.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: November 19, 2024 Meeting date: December 9, 2024 Subject: Resolution Extending the Declaration of the Existence of a Local Emergency and Continuing a Program for Reducing the Risk of Fires Associated with Individuals Engaged in Unpermitted Camping RECOMMENDED ACTION: Adopt Resolution No. 24-62 extending the declaration of the existence of a local emergency and continuing a program for reducing the risk of fires associated with individuals engaged in unpermitted camping.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item supports the Public Safety priority identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: California Government Code Section 8630 empowers the City Council to proclaim the existence of a local emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. At the June 24, 2024, Regular City Council Meeting, the Council adopted Resolution 24-30 which established criteria for declaring the existence of a local emergency and initiating a program for reducing the risk of fires associated with individuals engaged in unpermitted camping in Very High Fire Hazard Severity Zones (VHFHSZ) and establishing criteria for when to terminate the local emergency. The criteria for declaring the existence of a local emergency was set at a Live Fuel Moisture (LFM) of 65% or less as determined by the Los Angeles County Fire Department Forestry Division for Santa Monica Mountains Chamise.
On September 27, 2024, the Los Angeles County Fire Department Forestry Division posted an LFM of 65% for Santa Monica Mountains Chamise. On October 14, 2024, the Council adopted Resolution No. 24-54, declaring the existence of a local emergency and City Council Meeting
12-09-24
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Agenda Item # 1.B.6.
initiating a program for reducing the risk of fires associated with individuals engaged in unpermitted camping.
Staff has implemented the program for reducing the risk of fires associated with individuals engaged in unpermitted camping, which includes:
• Collaborating with the City of Malibu Outreach Team (MOT), Los Angeles County Sheriff’s Department (LASD), and LASD-Homeless Outreach Services Team (HOST) to identify encampments within the areas designated as VHFHSZ, provide outreach, and offer available resources;
• Collaborating with the MOT, LASD, and HOST to provide appropriate notification to those individuals living in hillside encampments of the potential threat to life and the prohibition in effect;
• Collaborating with the MOT, LASD, and HOST to ensure that the VHFHSZ remains free of encampments while also ensuring these efforts do not criminalize individuals living unhoused; and,
• Collaborating with LASD Arson Watch during Red Flag events to watch for signs of smoke columns and fire and communicate early alert and notification of potential wildfire incidents as well as unpermitted activity in canyons and VHFHSZ areas.
Resolution 24-30 also sets minimum criteria for terminating the local emergency, which includes:
• When the City has received a minimum of 2" of recorded rainfall as determined by Los Angeles County Department of Public Works Season Total (October 1- May 1) for the Big Rock Mesa site; and
• The Live Fuel Moisture is 80% or greater as determined by the Los Angeles County Fire Department Forestry Division for Santa Monica Mountains Chamise; and • There has been no Fire Weather Watch or Red Flag Warning in the previous two weeks; and
• When there is no Fire Weather Watch or Red Flag Warning in the extended forecast as determined by the National Weather Service (NWS) California Fire Weather Forecast for either the Malibu Coast or Santa Monica Mountains NRA.
On November 22, 2024, the Los Angeles County Fire Department Forestry Division posted an LFM of 62% for Santa Monica Mountains Chamise.
Government Code Section 8630 requires the City Council to review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency. As the minimum criteria for termination the local emergency established in Resolution No. 24-30 have not been met, Staff recommends that the Council adopt the attached Resolution extending the local emergency for fire risk conditions.
ATTACHMENTS: Resolution No. 24-62
2 RESOLUTION NO. 24-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
EXTENDING THE DECLARATION OF THE EXISTENCE OF A LOCAL
EMERGENCY AND CONTINUING A PROGRAM FOR REDUCING THE
RISK OF FIRES ASSOCIATED WITH INDIVIDUALS ENGAGED IN
UNPERMITTED CAMPING
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. Wildfires are a frequent disaster in California, causing significant harm and loss to individuals, communities, and wildlife. Malibu is among the areas devastated by wildfire - losing hundreds of homes and acres of vegetation and suffering hundreds of millions of dollars in damages in the 2018 Woolsey Fire which also took three lives.
B. A vegetation fire in Malibu at any time of the year poses a danger to life and property. A vegetation fire during a Red Flag event poses extreme peril to the safety of persons and property within Malibu. Historically, the most devastating wildfires in Malibu have occurred between September and January when the wildland and chaparral are at their driest, the Santa Ana winds are most prevalent, and the humidity is at its lowest.
C. CAL Fire has identified three zones based on increasing fire hazard severity:
medium, high, and very high. Considering various factors such as historical fire patterns, proximity to wildland and parkland, abundant chaparral, and severe drought, CAL FIRE has classified the entire area where the City of Malibu is situated as a Very High Fire Hazard Severity Zone (VHFHSZ).
D. Live fuel moisture (LFM) is a common indicator of fire risk and an LFM of 60% or lower is considered critical. Each year, local fire risk conditions have continually hit critical levels. And as climate change extends and exacerbates our local fire season, the risk of harm or loss of life for individuals increases.
E. Individuals engaged in unpermitted camping in the VHFHSZ are at significant risk of loss of life due to being trapped by wildfires since they are not likely to receive traditional emergency alerts sent through cell phones. In addition, individuals who are attempting to leave the mountainous region during a wildfire could be trapped by fires that start from the ember cast that precedes the fire front in a wind-driven fire. This situation also increases the risk that emergency responders may have to divert resources from fighting the fire to assist these individuals.
F. Individuals engaged in unpermitted camping in the VHFHSZ may be reliant on fires for everyday activities, including cooking food and keeping warm. These activities increase the risk of nearby brush catching fire and rapidly spreading.
G. Malibu has experienced numerous vegetation fires linked to individuals engaged in unpermitted camping in areas designated as VHFHSZ and in 2021, Malibu 3 Attachment 1
Resolution No. 24-62
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experienced more than twenty-three fires attributed to this cause.
H. On June 24, 2024, the City Council adopted Resolution 24-30 which established criteria for declaring the existence of a local emergency and initiating a program for reducing the risk of fires associated with individuals engaged in unpermitted camping in VHFHSZ and establishing criteria for when to terminate the local emergency.
I. The criteria for declaring the existence of a local emergency were set at an LFM of 65% or less as determined by the Los Angeles County Fire Department Forestry Division for Santa Monica Mountains Chamise.
J. On September 27, 2024, the Los Angeles County Fire Department Forestry Division posted an LFM of 65% for Santa Monica Mountains Chamise.
K. On October 14, 2024, the Council adopted Resolution No. 24-54, declaring the existence of a local emergency and initiating a program for reducing the risk of fires associated with individuals engaged in unpermitted camping L. On November 22, 2024, the Los Angeles County Fire Department Forestry Division posted an LFM of 62% for Santa Monica Mountains Chamise.
SECTION 2. It is hereby proclaimed that:
1. The criteria for declaring the existence of a local emergency have been met. As such, the City Council finds that a declaration of local emergency remains valid and necessary, and will remain in effect until the extreme danger of wildfire subsides.
2. To prevent the occurrences of fire and loss of life and property, unpermitted camping is prohibited in areas designated as a VHFHZ in Malibu.
3. City staff is directed to act in collaboration with the Malibu Outreach Team, Los Angeles County Sheriff’s Department (LASD), and the LASD Homeless Outreach Services Team (HOST) to implement a program for reducing the risk of fires associated with individuals who are engaged in unpermitted camping.
SECTION 3. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.
SECTION 4. This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or 4 Resolution No. 24-62
_____________________
administrative activities of government which will not result in direct or indirect physical changes in the environment. In the alternative, find that the actions are exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this __th day of ______ 2024. _____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
5
Agenda Item # 1.B.7.
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: November 19, 2024 Meeting date: December 9, 2024 Subject: November 5, 2024 General Municipal Election Results RECOMMENDED ACTION: Adopt Resolution No. 24-63 reciting the facts of the General Municipal Election held on November 5, 2024 and declaring the result and such other matters as provided by law.
DISCUSSION: This report will be distributed under separate cover once the Official Canvass Certificate and Official Statement of Votes Cast Precinct for the City of Malibu is received from the Los Angeles Registrar Recorder/County Clerk.
City Council Meeting
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1.B.7.
Agenda Item # 1.B.7.
Supplemental
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: December 4, 2024 Meeting date: December 9, 2024 Subject: November 5, 2024 General Municipal Election Results RECOMMENDED ACTION: Adopt Resolution No. 24-63 reciting the facts of the General Municipal Election held on November 5, 2024 and declaring the result and such other matters as provided by law.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2024-25 Strategic Priority Project List.
DISCUSSION: A General Municipal Election was held in the City of Malibu on Tuesday, November 5, 2024, consolidated with the Statewide General Election for the purposes of election of three City Councilmembers. The election was conducted by the Los Angeles Registrar Recorder/County Clerk (RR/CC). On December 4, 2024, the City received from the RR/CC the Official Canvass Certificate and Official Statement of Votes Cast by Precinct for the City of Malibu. The results are attached as Exhibit A to Resolution No. 24-
63. As a result of the election, the following candidates were each elected to City Council for a term of four years:
• Bruce Lee Silverstein
• Steve Uhring
• Haylynn Conrad
ATTACHMENTS:
Resolution No. 24-63
City Council Meeting
12-09-24
Item
1.B.7.
RESOLUTION NO. 24-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024 AND DECLARING THE RESULTS AND SUCH
OTHER MATTERS AS PROVIDED BY LAW
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. A General Municipal Election was held and conducted in the City of Malibu on Tuesday, November 5, 2024, as required by law.
B. Notice of the election was given in time, form and manner as provided by law.
Voting precincts were properly established. Election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities.
C. The Los Angeles County Election Department canvassed the returns of the election and has certified the results to the City Council. The results are hereby received, attached and made a part hereof as Exhibit A.
SECTION 2. The whole number of ballots cast in the precincts including vote-by-mail ballots and provisional ballots are detailed in the Official Canvass attached as Exhibit A.
SECTION 3. The names of the persons voted for at the election for Member of the City Council are as follows:
C. Channing Frykman
Paul Grisanti
Haylynn Conrad
Steve Uhring
Bruce Lee Silverstein
Andy Lyon
SECTION 4. The number of votes given in each precinct and the number of votes cast in the City for each of the persons above-named for the respective offices for which the persons were candidates are set forth in Exhibit A.
SECTION 5. The City Council does declare and determine that as a result of the election Bruce Lee Silverstein, Steve Uhring, and Haylynn Conrad were elected as Members of the City Council for the full term of four years.
Resolution No. 24-63
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SECTION 6. The City Clerk shall enter on the records of the City Council of the City of Malibu, a statement of the result of the election, showing: 1) the whole number of ballots cast in the City; 2) the names of the persons voted for; 3) the offices to which each person was voted for; 4) the number of votes given in each precinct to each person; and 5) the total number of votes given to each person.
SECTION 7. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 9. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
PASSED, APPROVED, and ADOPTED this __th day of ____ 2024. _____________________________
DOUG STEWART, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Resolution No. 24-63
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EXHIBIT A
Resolution No. 24-63
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Resolution No. 24-63
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Resolution No. 24-63
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Resolution No. 24-63
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