MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
MARCH 13, 2023
TELECONFERENCED - VARIOUS LOCATIONS
6:30 P.M.
The following meeting was held pursuant to AB 361 and fully teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.
MEETING CALL TO ORDER
Mayor Silverstein called the meeting to order at 5:30 p.m.
ROLL CALL
The following persons were recorded in attendance via teleconference by the Recording Secretary:
PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
PUBLIC COMMENT ON CLOSED SESSION
Mayor Silverstein opened the floor to public comment.
Speaker: Tim Pera indicated he would speak during the Regular session.
RECESS TO CLOSED SESSION
At 5:03 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)
1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu Unified School District
REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:30 p.m.
ROLL CALL
The following persons were recorded in attendance via teleconference by the Recording Secretary:
PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
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ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Rob Houston, Interim Deputy City Manager; and Adrian Fernandez, Assistant Planning Director
PLEDGE OF ALLEGIANCE
Mayor Pro Tern Uhring 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 5495 6.9(d)(1), with all Councilmembers present. He stated there was no reportable action.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on March 2, 2023, with the amended agenda posted on March 9, 2023.
APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
B. Presentation on Public Participation Options for Hybrid City Council Meetings City Clerk Pettijohn provided a presentation on public participation options for hybrid City Council meetings.
The Council directed questions to staff.
C. Update Regarding Separation from Santa Monica-Malibu Unified School District Deputy City Attorney Christine Wood provided an update regarding separation from Santa Monica-Malibu Unified School District.
A. Presentation on Los Angeles County Fire Department’s New Zone Zero Defensible Space Requirement
Forestry Division Chief Ron Durbin provided a presentation on Los Angeles County Fire Department’s new Zone Zero Defensible Space requirement.
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The Council directed questions to Forestry Division Chief Durbin.
ITEM 2.A. PUBLIC COMMENTS
Tim Pera, Mountains Recreation and Cqnservation Authority (MRCA) Ranger, provided an update for the prior two weeks. He stated that they completed a major graffiti removal at the Cliffside staircase at the Escondido Beach access area and a homeless encampment along the Sara Wan trail at Corral Canyon was cleared. He reported that they conducted daily patrols at Malibu Bluffs to check for possible new encampments and none were observed. He reported additional ranger patrols were implemented during the weekend. He stated that officers were added for parking enforcement and maintenance duties and there were no service calls or incidents reported. He stated that all beach accessways were patrolled daily.
Bill Sampson reported that arrangements for a trailer for use by the Little League as a temporary snack shack were being explored. He stated that he heard the MRCA removed mailboxes and other items from Winding Way and he requested the broken glass be removed. He stated that the Lechuza Beach accessway was open 24 hours per day, unlit, and unsafe and the dangerous situation needed to be remedied. He commented on mismanagement of money by Silicon Valley banks and stated that it affected Malibu because the prior City Manager made some questionable banking deposits and he hoped that it would be carefully examined by the finance staff at the City.
Ryan Embree commented on the School District Separation presentation and stated that the presentation referenced that the joint powers authority (JPA) was identified but not discussed by the two entities. He stated that the draft document released the previous year indicated that under the operational terms there would be a sevenmember board and three positions were lefi open and undesignated with no proposed process of how the positions would be filled or the qualifications of those members. He stated that he attended the most recent Public Safety Commission meeting he was happy illegal parking was addressed and that all the applicable codes should be utilized. He stated that that Malibu approved an increase in sales tax in November 2022 and it should be used for law enforcement of the mailbox thefts, night prowlers, the car burglaries.
Kraig Hill commented on the zone zero defensible space issue that was part of the Fire Department’s presentation, and inquired~if public input could be submitted and added into the policy. He inquired if there would be grandfathering for existing structures that were as old as 75 years that were possibly non-compliant and requested more information on aspects ofthe policy that did not involve vegetation.
ITEM 2.B. COMMISSION I COMMITTEE I CITY MANAGER UPDATES City Manager McClary stated that the interim shelter beds provided by The People Concern were currently in use and prioritization was given to those who had housing vouchers and were ready for permanent housing once it was secured. He Malibu City Council
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stated that City staff and The People Concern met with the Sheriffs Department to coordinate weekly reports to help facilitate the enforcement of the City’s camping ordinance. He stated that he attended a presentation from Los Angeles County Sheriff Robert Luna at the Contract Law Enforcement Bureau meeting and that there would be an increase in officer staffing levels as they were down approximately 1,100 sworn officers. He reported that they had 8 to 10 academy classes scheduled, with approximately 100 attendees per class. He stated that the Short-Term Rental Ad Hoc Committee met and there would be follow up meetings with the California Coastal Commission (CCC). He announced that City Council meetings would shift to a hybrid-meeting format at the next meeting, Monday, March 27, 2023. He stated that at the suggestion of the Mayor, a reception for the public would precede the meeting by 30 minutes, beginning at 6:00 p.m. He stated that COVID- 19 information was issued by Los Angeles County early in the month and at that time there were 882 new cases, 15 new deaths, and their per-day new case average was 1,015. He stated that the numbers remained stable and the wastewater testing indicated the County was over 30 percent down from the winter peak surge. He stated that current rates were not driving up hospitalizations and there were no known new variants of COVID-19. He stated that the County had planned to end their COVID- 19 state of emergency at the end of March. He reported that 81 percent of Los Angeles County residents had received at least one dose of a COVID-19 vaccine and 73 percent had completed their primary series. He reported that the City met with Los Angeles County Department of Beaches and Harbors about the emergency work at Westward Beach in response to the landslide, which included rock revetment at the restroom and there were plans for dune restoration.
He stated that two to three inches of rain was expected during the upcoming storm, and that the situation would be monitored closely due to the current saturation. He advised the public to stay off the road during the storm period if at all possible. He reported that in response to the number of illegally parked vehicles along Cliffside Drive on the decomposed granite walkway there near the Point Dume Headlands, 18-inch-high delineators on the top of the wooden curb would be installed by the Public Works Department. He stated that the area was already posted with “No Parking Tow-Away” signs.
In response to Mayor Silverstein, Public Safety Director Dueflas stated that the three interim shelter beds were funded by a grant from Measure H. She stated that there were funds available if additional beds became available.
Mayor Silverstein inquired if the newest camping ordinance could be enforced without regard to whether there were shelter beds available since the ordinance limited when and where camping was allowed, and it was not entirely prohibited.
In response to Mayor Silverstein, Public Safety Director Dueflas stated that particular camping ordinance was not used but other parts of the Code were used to deal with encampments. She stated that Public Safety Liaison Luis Flores was out in the community frequently with Deputy Frank Espinoza and that there were individuals and not many group encampments. She attributed the reduction to enforcement and housing being provided. She stated that the appropriate code used Malibu City Council
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for enforcement was in part dependent upon where the illegal activity took place, when it occurred on private property, the nuisance ordinance applied. She stated that the recently developed camping ordinance was not applied because the instances they had encountered were either the jurisdiction of another agency, or factors dictated that a different Malibu code was more appropriate to facilitate enforcement, and when the circumstances dictated, the camping ordinance would be used.
Lieutenant Dustin Carr, Los Angeles County Sheriff Department, reported that crime decreased across the board year-over-year. He reported that traffic collisions had decreased from this time last year. He stated that there were seven recreational vehicles parked illegally in Malibu, and that number remained steady. He stated that parking for personnel of the new Sheriff substation was secured behind the former County Courthouse building and would be shared with other agencies and an access pathway for deputies was being worked on. He announced that full-time Sargeant Chris Soderlund was assigned to Malibu and that he would try to have him introduced at the next City Council meeting. He cautioned the community about potential rockslides as the next storm approached.
ITEM 2.C. SUBCOMMITTEE REPORTS I COUNCIL COMMENTS
Councilmember Grisanti reported that he attended an event on February 28, 2023 at Pepperdine University which featured a principal scientist from Hughes Research Laboratory on the topic of innovation particularly in the medical field. He stated that he attended a League of Cities meeting. He stated that he went on a morning hike at Charmlee Wilderness Park with the Chamber of Commerce in between rainstorms and he encouraged the public to enjoy the park. He stated that he was very proud ofwhat the City’ park and trail improvements. He stated that he attended the Little League opening where Councilmember Riggins gave a speech. He stated the event included a tribute to Doug O’Brien who was tremendously important in Little League in his own life and impacted many other lives. He stated on March 7, 2023, he participated in a radio call-in shift for arson watch and the Community Emergency Response Team (CERT), but due to atmospheric conditions he had no success calling in.
Councilmember Stewart encouraged the public to contribute to The People Concern to assist individuals experiencing homelessness because donations would be matched up to $250,000 by Malibu residents Joan and Burt Ross. He commented on the importance of the City’s investment policy and stated that he worked with City staff to ensure that the policy was enforced. He stated that they checked to ensure that all deposits in a bank were collateralized with government securities and that the City’s civic deposits were not subject to a $250,000 limit. He stated that he attended the Library Speaker Series event on Citizen Kane and a Business Roundtable meeting. He stated that he watched the Half-Moon Bay short-term rental presentation at the CCC’s meeting and encouraged the people who worked on the City of Malibu’s short-term rental ordinance to watch that presentation. He stated that he watched the Malibu Planning Commission meeting on March 6, 2023.
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He congratulated City Clerk Pettijohn who was featured on the front page of the Malibu Times and stated that she was a real asset to the City Council and thanked her for her service.
Councilmember Riggins stated that she attended a Short-Term Rental Ad Hoc Committee meeting and had regularly attended the School District Separation Ad Hoc Committee meetings. She stated that she introduced Harlan Lebo at the Library Speaker Series, who was the author of “Citizen Kane: A Filmmaker’s Journey.” She stated that she attended the opening ofthe Little League and presented a plaque to Doug O’Brien’s family for his contributions to the community, recreation, and Little League. She thanked Mr. Sampson and confirmed that she was one of the people who looked into the use of the optimist trailer for a temporary snack shack.
She stated that she watched the Public Safety Commission meeting on the curbside delineators along Cliffside Drive and she hoped that people would be directed down toward Westward Beach where the parking lot for Point Dume State Beach was located.
Mayor Pro Tem Ubring stated that he attended the Santa Monica Bay Restoration Commission meeting, and that they had many projects in the works. He stated that attended the California Strategies meeting along with Mayor Silverstein. He stated that he attended a Las Virgenes Homeowners Association meeting which was a salute the Los Angeles County Supervisor Lindsey Horvath. He stated that he had a conversation with her about quarterly visits to speak with Malibu residents and business owners and then attend a City Council meeting in the evening. He stated that she seemed very receptive to that suggestion and requested that Mayor Silverstein and City Manager McClary have a discussion with her. He stated that he would like to be involved with an outline for the format of the visit that could then be presented to the City Council. He stated that he hoped that there would also be a discussion about Camp Kilpatrick with Supervisor Horvath. He discussed the most recent budget meeting and stated that metrics of the improvements to the Planning Department should be posted on the City’s website. He thanked public speaker Mr. Sampson for his help with arrangements for the possibility of the use of the trailer by the Little League at Bluffs Park. He commented on the Mayor of Huntington Beach who was concerned about the loss of local control and reportedly stated that he had no interest to follow the State’s housing element law. He expressed concern that there was something wrong with the process where residents had worked and saved for years to live in a beach community and then after decades something different was imposed upon them. He commented on the CCC’s position about short-term rentals in the community of Half Moon Bay and the loss of local control and stated concerns of loss of local control in Malibu.
Mayor Silverstein thanked the public speakers and those who submitted written comments. He commented on the snack shack and hoped for an item on the next City Council meeting agenda and encouraged out ofthe box solutions. He reported that he participated in the Short-Term Rental Ad Hoc Committee meeting with Councilmember Riggins. He stated that he attended weekly California Strategies meetings with Mayor Pro Tem Uhring and City Manager McClary. He commented Malibu City Council
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on the Los Angeles County Board of Supervisors plan to expedite the relocation of violent offenders to Camp Kilpatrick which the City opposed. He stated that he had a conversation with Supervisor Horvath who listened to his concerns and followed up with him and informed him that the decision had been delayed until Malibu’s concerns were better understood. In response to Mr. Embree, he discussed the importance ofthe JPA agreement. He stated that he was cautiously optimistic about the School Board memorandum of understanding, and it seemed progress was made. He stated that he spent significant time in preparation for the Item 4.A. hearing.
ITEM 3 CONSENT CALENDAR
MOTION Mayor Pro Tem Uhring moved, and Councilmember Stewart seconded a motion to approve the Consent Calendar. The question was called, and the motion carried unanimously, Councilmembers Riggins’ and Stewart’s abstaining from Item No.
3.B.3.
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
Recommended Action: Allow and approve warrant demand numbers 68395-68489 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. 720 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,690,271.22. City of Malibu payroll check number 5320-5322 and ACH deposits were issued in the amount of $246,626.43.
3. Approval of Minutes
Recommended Action: Approve the minutes for the February 28, 2022 Malibu City Council Regular meeting.
4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 21- 64, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.
5. Delegation of Staff to Execute Federal and State Documents Recommended Action: Adopt Resolution No. 23-10 authorizing the City Manager, the Assistant City Manager and the Public Works Director to execute documents pertaining to federal and state disaster documents, including applications with the State of California Office of Emergency Services and Federal Emergency Management Agency on behalf ofthe City of Malibu.
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6. Professional Services Agreement with Ultimate Maintenance Services Inc.
Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Ultimate Maintenance Service Inc. for custodial services at Malibu City Hall and City parks.
7. Resolution Extending the Declaration of a Local Emergency Recommended Action: Adopt Resolution No. 23-13 extending the declaration of the existence of a local emergency.
ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Appeal No. 21-019 - Appeal of Planning Commission Resolution No. 21-68 (6968 Dume Drive: Owner, Highlands Investment Group LLC: Neighbor/Appellant. John Roesler)
Recommended Action: Adopt Resolution No. 23-11, determining that the California Environmental Quality Act does not apply to the project; upholding Appeal No. 21-019, and denying Coastal Development Permit No. 17-088 for the construction of a new 7,472 square foot, two-story single-family residence with a 999 square foot basement, swimming pool, onsite wastewater treatment system, associated development, and after-the-fact retaining walls, grading and front yard gates, including Site Plan Review No. 19-030 for construction in excess of 18 feet in height, up to 28 feet for a pitched roof, and Demolition Permit No. 19- 023 for the demolition of the existing 2,257 square foot, single-story single-family residence and onsite development located in the Rural Residential, One-Acre (RR 1) zoning district at 6968 Dume Drive (Highlands Investment Group LLC).
Assistant Planning Director Fernandez presented the staff report.
Disclosures: Councilmembers Grisanti, Riggins, and Stewart, Mayor Pro Tern Uhring, and Mayor Silverstein
Mayor Silverstein opened the floor to public comment.
Speakers: John Roesler, Don Schmitz, and Stan Lamport.
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff and Mr. Lamport.
MOTION Mayor Silverstein moved, and Mayor Pro Tern Uhrhing seconded a motion to have staff return with a resolution memorializing the Council’s reasoning for determining that the California Environmental Quality Act does not apply to the project; upholding Appeal No. 21-019, and denying Coastal Development Permit No. 17-088 for the construction of a new 7,472 square foot, two-story single-family residence with a 999 square foot basement, swimming pooi, onsite wastewater treatment system, associated development, and after-the-fact retaining walls, grading and front yard gates, including Site Plan Review No. 19-030 for Malibu City Council
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construction in excess of 18 feet in height, up to 28 feet for a pitched roof, and Demolition Permit No. 19- 023 for the demolition ofthe existing 2,257 square foot, single-story single-family residence and onsite development located in the Rural Residential, One-Acre (RR-1) zoning district at 6968 Dume Drive.
The Council discussed the motion and directed questions to staff and Mr. Schmitz.
The motion was withdrawn.
MOTION Councilmember Stewart moved, and Mayor Silverstein seconded a motion to allow the applicant (6968 Dume Drive; Owner, Highlands Investment Group LLC) to return to the Planning Department with a redesigned project so that no portion over 18 feet in height exists in a primary view corridor, with the application not treated as a new application for purposes of fees; and 2) that if the applicant failed to redesign the project within one year staff shall return to the City Council with a resolution denying the project and granting the appeal.
The Council discussed the motion and directed questions to staff.
The question was called, and the motion carried 3-2, Councilmembers Grisanti and Riggins opposed.
RECESS At 9:48 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 10:00 p.m. with all Councilmembers present.
B. Adoption of Ordinance No. 504 - Los Angeles County Fire Code Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 504, adopting by reference Title 32 of the Los Angeles County Code, which incorporates the California Fire Code, 2022 Edition, as amended; adopting local amendments to said code; ratifying the Consolidated Fire Protection District of Los Angeles County’s Building Standards contained in Title 32, as amended; and finding the action exempt from the California Environmental Quality Act; and 2) Direct staff to schedule a Public Hearing for the second reading and adoption of Ordinance No. 504 for the April 10, 2023 City Council Regular meeting.
Environmental Sustainability Director Bundy presented the staff report.
Mayor Silverstein opened the floor to public comment. As there were no speakers present, Mayor Silverstein returned the matter to the table for discussion.
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to: 1) introduce on first reading Ordinance No. 504, adopting by reference Title 32 of the Los Angeles County Code, which incorporates the California Fire Code, 2022 Edition, as amended; adopting local amendments to said code; ratifying the Consolidated Fire Protection District of Los Angeles County’s Building Standards contained in Title 32, as amended; and finding the action exempt from the Malibu City Council
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California Environmental Quality Act; and 2) direct staff to schedule a Public Hearing for the second reading and adoption of Ordinance No. 504 for the April 10, 2023 City Council Regular meeting.
Interim City Attorney Rusin read into the record the title of Ordinance No. 504.
The question was called, and the motion carried unanimously.
C. Updated Developer Fee Program for the Benefit ofthe Consolidated Fire Protection District of Los Angeles County
Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 23-12, adopting the updated developer fee and fire station plan for the benefit of the Consolidated Fire Protection District of Los Angeles County and rescinding Resolution No. 22-09.
Environmental Sustainability Director Bundy presented the staff report.
The Council directed questions to staff.
Mayor Silverstein opened the floor to public comment.
Speaker: Norm Haynie
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 23-12, adopting the updated developer fee and fire station plan for the benefit of the Consolidated Fire Protection District of Los Angeles County and rescinding Resolution No. 22-09. The question was called, and the motion carried unanimously.
ITEM 5 OLD BUSINESS
A. Malibu Community Labor Exchange Office Update
Recommended Action: Receive and file an update on Malibu Community Labor Exchange office project.
Interim Deputy City Manager Houston presented the staff report.
Mayor Silverstein opened the floor to public comment. As there were no speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
The Council received and filed an update on Malibu Community Labor Exchange office project.
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B. Permanent Outdoor Seating Areas
Recommended Action: 1) Receive a presentation on the status of outdoor dining and the current application process and consideration for approval of permanent outdoor dining; and 2) Provide guidance to staff on whether to process amendments to the City’s Ordinances pertaining to the operation of restaurants.
Planning Director Mollica presented the staff report.
Mayor Silverstein opened the floor to public comment.
Speakers: Howard Rudzki and Jo Drummond
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to work with the Zoning Ordinance Revisions and Code Enforcement Subcommittee on code amendments to allow additional outdoor seating similar to the seating permitted under the Temporary Restaurant Recovery Program, specifically considering parking requirements, a streamlined permitting process, and how parking and wastewater requirements could be calculated using service area, total number of seats, or occupancy load.
ITEM 6 NEW BUSINESS
None.
MOTION Mayor Silverstein moved, and Councilmember Riggins seconded a motion to hear Item No. 7.A. after 10:30 p.m. The question was called, and the motion carried unanimously.
ITEM 7 COUNCIL ITEMS
A. Recommended Alternate Appointment to Santa Monica Bay Restoration Commission
Recommended Action: Provide a recommendation to the Las Virgenes-Malibu Council of Governments (COG) for appointment as the COG’s Alternate to the Santa Monica Bay Restoration Commission Governing Board.
City Manager McClary presented the staff report.
Mayor Silverstein opened the floor to public comment. As there were no speakers present, Mayor Silverstein returned the matter to the table for discussion.
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The Council discussed the item.
MOTION Mayor Silverstein moved, and Councilmember Stewart seconded a motion to recommend the Las Virgenes-Malibu Council of Governments (COG) appoint Councilmember Paul Grisanti as the COG’s Alternate to the Santa Monica Bay Restoration Commission Governing Board.
The Council discussed the motion and directed questions to staff.
The question was called, and the motion carried 4-1, Mayor Pro Tern Urhing opposed.
ADJOURNMENT
At 11:07 p.m., Councilmember Riggins moved, and Councilmember Stewart seconded a motion to adjourn the meeting. The question was called, and the motion carried unanimously.
Approved and adopted by the City Council of the
ber 13, 2023.
STEVE UHRING, Mayor
ATTEST: