Mayor of Malibu accuses City Attorney of favoring developers over skatepark 

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Photo by Samantha Bravo.

Public works director said he is encouraged by the collaborative effort from Caltrans on improving PCH safety

To start off the Malibu City Council meeting on Monday, March 11, City Manager Steve McClary provided an update on city events and the recent rockslide near Big Rock. 

“Just as a note, even though the rain may be subsisting, we’re still in a threat period here in terms of slides so even if we look outside and we see clear weather, we’re still in a risk situation here,” McClary said. “Even with no further rain, we could still be looking at some additional slides coming down and impacting our roadways.” 

McClary thanked a speaker for acknowledging Yolanda Bundy, Malibu’s city environmental sustainability director, for receiving the Supervisor of the Year award for the Los Angeles Basin Section (LABS) of the California Water Environment Association (CWEA). 

McClary said they will be setting up a presentation to celebrate her achievement. 

Councilmember Marianne Riggins asked Public Works Director Rob DeBoux about the rockslide near Big Rock, and DeBoux said they’re adding additional rails to prevent further rocks from falling. 

Malibu/Lost Hills Sgt. Chris Soderlund provided a brief update on the weather, road closures, and the recent speed chase that occurred last week with a stolen box truck. Soderlund mentioned the recent incident that occurred at Tracy Park Gallery on Feb. 29. Soderlund said they arrested a homeless individual who threw rocks at the windows. The damage was estimated to cost about $10,000. Soderlund said he was arrested for vandalism; however, due to the zero bail policy, he was cited out and was treated by the mental evaluation team for 72 hours. 

“He’s hopefully not in Malibu anymore,” Soderlund said. 

Soderlund said the Sheriff’s Department will be following up on an incident that occurred at Malibu Lagoon between Pepperdine students and a transient individual who was following the students. 

Soderlund also introduced the new Camera Registry Program that the Sheriff’s Department is launching. 

“Our Sheriff’s Department [Malibu/Lost Hills Sheriff’s Station] is the first Sheriff’s Station in the county to roll out this real time crime and disaster center and so part of it is a camera registry and the camera registry is going to enable us to solve crime a lot more efficiently and quicker,” Soderlund said. 

The additional security footage would help the department enhance its emergency response.

“This is the first program of its kind for the sheriff’s department and the Lost Hills Sheriff’s Station is rolling it out and I highly encourage everyone to register your cameras; it doesn’t matter if you’re residential or business, we take it all,” Soderlund said.

Councilmember Bruce Silverstein responded to a few speakers who shared their concerns about the parking at the Permanent Skatepark and the Pepperdine students who shared their experiences. 

“Residents pay attention if it’s becoming a problem for the Little League, if it’s a problem for the skateboarders, it’s a problem for anyone using the park, let the city know, because we’re listening, ” Silverstein said

Silverstein also responded to the homelessness incidents that recently occurred in Malibu.

“I believe it’s our responsibility to protect our community, and safety and the protection of our community is our number one responsibility,” Silverstein said. “We have tools, we have a camping ordinance that we’ve adopted, and if there are people living unhoused in our community, especially if they are committing a crime, we need to be tough; I think it’s appropriate and necessary in some instances.” 

Mayor Steve Uhring said they would move Appeal No. 23-008, the Permanent Skatepark, to a future meeting but will keep the item on the agenda for when the council needs to address it.

For his comments, Uhring said the settlement agreement with the Permanent Skatepark, “weakened the protection for the city and strengthened the protection for Scott Gillen.” Gillen is the neighboring property developer who appealed the approval of the skatepark.

“That decision weakened the decisions for the city; it eliminated our ability to defend ourselves and gave more power to Scott Gillen because he didn’t have to deal with that,” Uhring said. “The action demonstrates that our city attorney, who is paid with residents’ dollars, cannot be trusted to follow the will of the people as dictated by the City Council; instead he was willing to remove protection from the city and transfer them to developers. That worries me, that should also worry you.” 

Uhring said he hopes they don’t see an incident with an appeal like that again. 

Vice Chair Doug Stewart said he asks councilmembers to save personal opinions about staff members in private.

“If I’ve got an opinion, I’m going to say it,” Uhring said. 

The council motioned to authorize the mayor to send a letter of support for Senate Bill – NOT in California Act (Stern) which would amend existing traffic laws to designate convictions of driving 26 miles per hour or greater over the posted speed limit a two-point violation.

The council received a report on the Malibu Pacific Coast Highway Safety Projects Report; received a presentation on Analysis of Proposed Traffic Calming Measures; and directed staff to explore certain measurers within the city’s jurisdictional authority.

Under existing law, driving 1-15 mph over the speed limit results in a $238 ticket under the uniform bail and penalty schedule. Driving 16-25 mph over the speed limit results in a $367 ticket. Driving 26 mph over the speed limit would result in a $490 ticket. While speeding fines are gradual, points are not. All of the violations above are 1-point violations unless the driver hits or exceeds 100 mph.

According to the staff report, the proposed legislation would amend existing law under California Vehicle Code 21400 Sect 12810 (c) to include the following language: “Make convictions of driving 26 MPH or greater over the posted speed limit a two-point violation.”

The council also received an extensive report on the Malibu Pacific Coast Highway Safety Projects. On Jan. 17, the City Council directed staff to conduct a review of traffic calming measures as proposed by Silverstein and Uhring on Jan. 8. 

As directed by the City Council during its regular meeting on Dec. 15, 2023, staff produced a report to better track the various projects and initiatives aimed at enhancing safety along PCH. The report provides an update on the ongoing efforts and recent developments concerning PCH initiatives, outlining the progress made and challenges encountered.

This graphic shows the areas that are most prone to accidents on Pacific Coast Highway in Eastern Malibu from January 2013 to December 2023. Contributed graphic.
This graphic shows the areas that are most prone to accidents on Pacific Coast Highway in Eastern Malibu from January 2013 to December 2023. Contributed graphic.

“This is very encouraging to see how fast they are moving on some of these projects, I haven’t seen them move this fast in my career in the city, so it’s really encouraging and it’s exciting seeing that they’re stepping up on doing these improvements, they see the need to do these,” DeBoux said. “I’m seeing action, it’s a good feeling it’s a good partnership as it is right now.”

Councilmembers said they’re optimistic about the report.

“I’m really pleased to hear that the consideration is accelerating more so than you seen before,” Silverstein said. 

Silverstein was pleased to hear Caltrans is looking to eliminate some parking on PCH. 

“It’s nice to see that they’re finally recognizing that the safety of the community is more important then how fast they can move traffic through the area,” Silverstein said. “We need to stay on them and make sure that they stay focused on the safety of the community and not the safety of the vehicles moving through the area.”

Councilmembers said they hope to see the city collaborate with students to encourage them to drive safer on PCH.

The council asked for an update from Caltrans, such as what has been improved on PCH since the tragic incident that took the lives of four Pepperdine students in October. McClary said they can provide an update on the first week of May. 

Councilmember Paul Grisanti presented the proposed advocacy for changes to the California State Vehicle Code to Deter Excessive Speeding on PCH.

Stewart and Grisanti recommend that the City of Malibu petition Gov. Gavin Newsom, State Senator Ben Allen, Assemblymember Jacqui Irwin, County Supervisor Lindsay Horvath, Sheriff Robert Luna, Secretary of Transportation Toks Omishakin, and Director of Caltrans Tony Tavares to update the California State Vehicle Code.

The letter states:

“Whereas the City of Malibu has witnessed the loss of 59 precious lives on the Pacific Coast Highway since 2010;

And whereas excessive speeding is the leading cause of so many fatalities;

Therefore, the City Council of Malibu hereby petitions Governor Newsom, State Senator Allen, Assemblymember Irwin, County Supervisor Horvath, Sheriff Luna, Secretary of Transportation Omishakin, and Director of Caltrans Tavares to work collaboratively to make the following changes to the State Vehicle Code:

1) Anybody who exceeds 100 miles per hour shall lose their license to drive for three months; and Anybody who exceeds 100 miles per hour more than once in a 12 month period shall lose their license to drive for six months;

2) Anybody who exceeds twice the posted speed limit shall lose their license to drive for one month; Anybody who exceeds twice the posted speed limit more than once in a 12 month period shall lose their license to drive for two months.

The loss of license in these instances shall be mandatory not discretionary.”

The council motioned to revise and send the letter. 

McClary presented the strategic plan project update. To view the list efforts watch the meeting on YouTube at the city’s website malibucity.org. The next strategic workplan will be presented at a special City Council meeting on Wednesday, March 20.