MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
APRIL 24, 2023
COUNCIL CHAMBERS
6:30 P.M.
The following meeting was held pursuant to AB 361 and teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.
MEETING CALL TO ORDER
Mayor Pro Tem Uhring called the meeting to order at 6:30 pm.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Bruce Silverstein (Via teleconference); Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins (Via teleconference), and Doug Stewart
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Acting Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Flaming Director; Susan Duef1as, Public Safety Director; Rob DuBouX, Public Works Director; Ruthie Quinto, City Treasurer; Alex Montano, Media Technician; Caryn De La Cruz, Environmental Sustainability Analyst; Tracey Rossine, Environmental Programs Manager; and Rebecca Evans, Administrative Assistant
PLEDGE OF ALLEGIANCE
Tom Bates led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettij ohn reported that the agenda for the meeting was properly posted on April 14, 2023.
APPROVAL OF AGENDA
Councilmember Stewart moVed, and Councilmember Grisanti seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.
MOTION
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Proclamation Declaring April 2023 as National Donate Life Month in Malibu Mayor Pro Tem Uhring presented the proclamation to Bob Thompson, One Legacy.
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Mr. Thompson thanked the Council for the proclamation.
Presentation on 2022 Environmental Programs Accomplishments (WASTE REDUCTION) Environmental Sustainability Director Bundy and Environmental Sustainability Analyst De La Cruz presented information on the City’s waste reduction programs.
ITEM 2.A. PUBLIC COMMENTS
Councilmember Riggins left the meeting at 6:47 p.m.
Jefferson Wagner thanked the Council for their representation of the City. He introduced a video presentation that played a portion ofthe April l7, 2023 Flaming Commission meeting.
Councilmember Riggins joined the meeting at 6:49 p.m.
Tom Bates discussed harassment he said was experienced by his friend Christina Wolford by her neighbors who tried to pressure her to move.
Christina Wolford discussed what she perceived as police misconduct while she attempted to ensure her safety from harassment by her neighbors.
Richard Sol discussed the 12-year impact the Civic Center Water Treatment Facility Phase II septic prohibition zone had on property owners in the Serra Retreat and Malibu Colony areas. He stated restrictions in the prohibition zone disallowed the addition of new plumbing fixtures to remodel, addition, and new construction projects. He requested interim relief to those impacted that allowed project plan submittal during Phase II implementation.
Jo Drummond stated that she knew of a Flaming Commissioner who worked on proj ects they had approved as a Commissioner and requested an investigation. She suggested the allowance of more total plumbing fixtures in the prohibition zone provided they were low-flow fixtures. She stated if the Homelessness Task Force was disbanded and their responsibilities given to the Public Safety Commission, then the Public Works Commission duties should be revised to include wireless reviews that were transferred to the Commission when the Telecommunications Commission was disbanded.
Ryan Embree stated he was the Telecommunications Commission Chair, and worked on the City’s Telecommunications Ordinance and the antenna at Santa Monica College was not reviewed. He stated there was an error and specific duties were not added as part of the responsibilities of the Public Works Commission when the Telecommunications Commission’s duties were transferred over. He requested the Council clarify that the Public Works Commission was responsible for wireless telecommunications review for projects beyond just capital Malibu City Council
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1mprovement proj ects.
ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Councilmember Riggins left the meeting at 7:06 pm.
Dane Skophammer Parks and Recreatlon Commlss1on thanked the Counc1l for pr10r1t1z1ng the snack shack at Bluffs Park and pr0V1ded an update on the progress of the prOJ ect He stated that he and the other Parks and Recreation Commlss1oners attended the recent Chumash Day event and thanked City staff and those who made the event a success. He provided an update on the Commission’s priorities for the upcoming year which included the skate park, temporary snack shack, and a permanent snack shack. He requested the establishment of a multi-generational recreation facility which included a swim center and library services on the Heathercliff property as an addition to the 2023 -2024 workplan.
Councilmember Riggins joined the meeting at 7:09 p.m.
City Manager McClary announced a Coffee with a Deputy event on April 25, 2023 from 4:00 to 6:00 p.m. at the Malibu Park playground. He stated that he attended the ribbon cutting ceremony at the Santa Monica College (SMC) Malibu campus the prior Saturday. He stated he attended the Las Virgenes-Malibu Council of Governments (COG) meeting and met with State Assemblymember Jacqui Irwin. He announced the State of the City event scheduled for May 3, 2023 at 10:00 a.m. at the SMC Malibu campus. He provided an update on the automatic license plate reading cameras and stated that two were installed, eight units would be installed on Southern California Edison poles, and two would be installed on Caltrans poles in the coming months. He stated that 20 beacon boxes were installed with installation of all 47 units expected by September 2023. He stated Malibu High School would be used for the day use impound yard during the summer of 2023 He announced the outdoor screening of the documentary 2] Mlles m Malzbu scheduled for May 19 2023 at 7 30 p m at Malibu Bluffs Park preceded by a highway safety discussmn by the Sherlff Department He announced the Mahbu Senior Center 20-year anniversary event scheduled for April 27, 2023, from 12:00 to 1:00 p.m. at City Hall. He announced the Library Speaker Series featuring Poet Laureate Ann Buxie scheduled for May 6, 2023, at 4:00 p.m. He stated Assembly Bill 1500 (AB 1500), which provided an additional three-year base property tax extension for Woolsey Fire affected properties, had progressed to the Appropriations Committee and included an urgency clause for it could become effective prior to January 2024.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided an update on the ovemight parking enforcement operation on PCH April l3, 2023 to April l4, 2023. He stated that 51 citations were issued, four vehicles were towed, and one felony and one misdemeanor arrest were made. He stated that on the prior Sunday, Volunteer on Patrol (VOP) Mark Russo’s patrol car was hit from behind while stopped with lights flashing at the scene of a previous accident in the Trancas :73
ITEM 2.C.
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Minutes of April 24, 2023
area. He reported Law Enforcement Technician Sharona Kay collected evidence during a 2021 residential burglary investigation in Malibu and found a match through the Combined DNA Index System (CODIS) to a suspect in a separate incident in the state of Missouri and a warrant was issued for the suspect’s arrest.
He assured the community that the Sheriff Department worked with diligence on all cases.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti reported that he attended the grand opening ceremony of the SMC Malibu Campus the prior Saturday and encouraged the public to Visit the facility.
Councilmember Stewart stated that he was grateful that VOP Russo was not injured in the traffic incident on PCH and that illustrated the importance ofthe documentary 21 Miles in Malibu. In response to Mr. Sol, he stated that the impact the septic prohibition zone had on property owners in the Serra Retreat and Malibu Colony areas should be researched. In response to Parks and Recreation Commissioner Skophammer, he acknowledged that much needed to be accomplished for the community. He stated that license plate reading equipment was important for law enforcement and public safety. He thanked those who had worked on AB 1500. He stated that he missed the SMC Malibu Campus opening due to another commitment. He requested a presentation at a future Council meeting on Homeowners’ Association (HOA) and Property Owners” Association (POA) insurance matters that Assemblymember Jacqui Irwin’s office was working on and requested the organizations’ contact information be provided to the City so they could stay informed on the City’s efforts in the development ofprograms. He stated that he attended the April 18, 2023 COG meeting as an altemate. He stated that he met on April 18, 2023, with Los Angeles County Fire Department representatives and Malibu Public Safety Commission members and reviewed the fire brigade program that was under development. He stated that he thought the April 20, 2023 workplan meeting he attended at City Hall was very productive. He suggested including a review of the rules of procedure and decorum as established in Resolution No. 98-083 in the May 31, 2023 Brown Act training.
Councilmember Riggins reported that she attended the League of Califomia Cities conference in Sacramento and stated that she enj oyed the solutions she heard from around the state and encouraged other Councilmembers to attend future conferences. She stated she attended a Library Subcommittee meeting with Mayor Silverstein. She thanked Community Services Department staff for their rapid removal of graffiti in Legacy Park. She encouraged the public’s attendance at the City’s commission and committee meetings. She stated that she attended the SMC Malibu campus ribbon-cutting ceremony, and that the facility was an asset to the community. She commented on the April 17, 2023 Flaming Commission meeting and misinformation on social media that surrounded Skylar Peak, her appointee to the Commission. She stated that staff provided thorough reports to the Flaming Commission and that accusations that Commissioners were unprepared for Malibu City Council
Minutes of April 24, 2023
meetings and staff had not provided sufficient information were unfounded.
Mayor Silverstein stated that he was recovering from COVID-19 and that it was still present in the community. He thanked the public speakers and those who submitted written correspondence. In response to Mr. Wagner, he stated that he had not heard about the issue of potentially inappropriate comments to Commissioners until he encountered it on social media. In response to theSheriff Department report, he emphasized the importance of finding solutions for the unhoused population. He stated that he testified before the Assembly Revenue and Taxation Committee in Sacramento in favor of AB 1500. He stated that he participated in the Library Subcommittee meeting the prior Tuesday. He stated that he attended the April 20, 2023 work plan workshop and closed session afterwards and he found it productive. He stated that he attended the League of California Cities conference and that all cities were unique, but there were commonalities among the other cities that were different from Malibu. He stated that he discussed with representatives from other coastal cities how best the issue of short-term rentals might be approached with the California Coastal Commission (CCC). He stated that he participated in two weekly virtual California Strategies meetings with Mayor Pro Tem Uhring and City Manager McClary. He stated that he received information from County Supervisor Lindsey Horvath’s office that plans for housing additional individuals in trailers at Camp Kilpatrick were halted. He stated that Supervisor Horvath indicated that to the extent that she could she was committed to the inclusion of Malibu’s input when changes to the facility were made. He commented that impartial decisions could not be made by past and current Planning Commissioners who had livelihoods dependent upon development and suggested the Council develop a new policy.
Mayor Pro Tem Uhring stated he attended the SMC Malibu Campus ribbon cutting ceremony. He stated he attended a meeting with California Strategies and discussed the State Parks’ use of weed killing chemicals. He stated that the workplan workshop included the City’s department heads and was a good exchange of ideas.
He stated he met Supervisor Horvath at the SMC Malibu Campus ribbon cutting ceremony and felt there was good communication. He stated he received comments from the public on the implementation of the pesticide local coastal program amendment.
ITEM 3
In response to Mayor Pro Tem Uhring, City Manager McClary stated communication with State Parks representatives about the use of chemicals continued and that he requested an update from them at an upcoming Council meeting.
Mayor Pro Tem Uhring thanked the public speakers and stated that efforts would be made for a solution to the septic prohibition the residents of Serra Retreat and Malibu Colony experienced.
CONSENT CALENDAR
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MOTION Councilmember Grisanti moved, and Councilmember Stewart seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.5. The question was called, and the motion carried unanimously, Councilmembers Riggins and Stewart abstaining from Item No. 3.B.3.
The Consent Calendar consisted of the following items:
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.
Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 68727-68879 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. 723 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $932,293.74. City of Malibu payroll check number 5333-5336 and ACH deposits were issued in the amount of $ 258,132.04.
Approval of Minutes
Recommended Action: Approve the minutes for the March l4, 2022 Malibu City Council Regular meeting.
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. 23- 14, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.
Acceptance of Marie Canyon Green Streets Proiect
Recommended Action: l) Accept the work performed by J and H Engineering General Contractors, Inc. for the Marie Canyon Green Streets Project, Specification No. 2073 as complete; and 2) Authorize the Public Works Director to record a Notice of Completion for the proj ect.
Termination of the State of a Local Emergency for the 2023 Winter Storms Recommended Action: Adopt Resolution No. 23- 1 8 terminating the state of local emergency declared as a result of the 2023 Winter Storms.
Item No. 3.B.5. was pulled by the Council.
B. New Items
1. '
The following item was pulled from the consent calendar for individual consideration:
5. Investment Report for the Month Ending March 3 l. 2023 Recommended Action: Receive and file the Investment Report for the month ending March 3 1 , 2023.
City Treasurer Quinto provided an update to the published report.
ITEM 4
U MGTION
ITEM 5
v‘
ITEM 6
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The Council discussed the item and directed questions to staff.
Mayor Pro Tem Uhring received and flled the Investment Report for the month ending March 3 1, 2023.
ORDINANCES AND PUBLIC HEARINGS
Schedule of Fees Fiscal Year 2023-24
Recommended Action: l) Conduct the Public Hearing; and 2) Adopt Resolution No. 23-17 establishing the Schedule of Fees for Fiscal Year 2023—24.
Assistant City Manager Toney presented the staff report.
Mayor Pro Tem Uhring opened the floor to public comment.
Speakers: Ryan Embree, Jo Drummond, and Colin Drummond
As there were no other speakers present, Mayor'Pro Tem Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 23-17 establishing the Schedule of Fees for Fiscal Year 2023-24.
The Council discussed the motion.
The question was called, and the motion carried unanimously.
OLD BUSINESS
None.
NEW BUSINESS
Food and Beverage Sales in the Open Space District
Recommended Action: l) Adopt, or provide comment on, the attached draft Council Interpretation regarding food and beverage sales in the Open Space District; 2) Adopt Resolution No. 23-19 initiating a Zone Text Amendment (ZTA) and Local Coastal Program Amendment (LCPA) to address food and beverage sales in the Open Space zoning district, or provide alternative direction; and 3) If Resolution No. 23-19 is adopted, provide direction to the Planning Commissionto schedule a public hearing regarding the ZTA and LCPA and provide a recommendation to the Council Whether to approve, modify, or reject the amendment and finding the action exempt from the California Environmental Quality Act.
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Minutes of April 24, 2023
Flaming Director Mollica presented the staff report.
Mayor Pro Tem Uhring opened the floor to public comment.
MOTION
Speaker: Ryan Embree
As there were no other speakers present, Mayor Pro Tem Uhring returned the matter to the table for discussion.
The Council discussed the item.
Councilmember Stewart moved, and Councilmember Grisanti seconded a motion to l) adopt, or provide comment on, the attached draft Council Interpretation regarding food and beverage sales in the Open Space District; 2) adopt Resolution No. 23-19 initiating a Zone Text Amendment (ZTA) and Local Coastal Program Amendment (LCPA) to address food and beverage sales in the Open Space zoning district, or provide alternative direction; and 3) direct the Planning Commission to schedule a public hearing regarding the ZTA and LCPA and provide a recommendation to the Council Whether to approve, modify, or reject the amendment and finding the action exempt from the California Environmental Quality Act
The Council discussed the motion and directed questions to staff.
FRIENDLY AMENDMENT
RECESS
Councilmember Riggins moved to amend the motion to only adopt Local Coastal Plan Interpretation No. 21 regarding food and beverage sales in the Open Space District.
The amendment was accepted by the maker and the seconder of the motion.
The Council discussed the amended motion and directed questions to staff.
The question was called, and the amended motion carried unanimously.
At 8:33 p.m., Mayor Pro Tem Uhring recessed the meeting. The meeting resumed at 8:45 p.m. with all Councilmembers present.
Update Regarding Local Coastal Program Amendment No. 16-006 (Sea View Hotel Proj ect)
Recommended Action: Receive a status update regarding City Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project LCPA submittal, review the California Coastal Commission (CCC) approved LCPA as modified on February 8, 2023 (LCPA No. LCP—4-MAL-21-0073-2), and provide direction on the following:
l) The Council’s position on the LCPA as modified by the CCC and a determination if the modifications made by the CCC are generally consistent with Malibu City Council
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the City’s LCPA as adopted on September l3, 2021, or that the modifications substantially deviate from the LCPA; and
2) Preparation of an Ordinance to accept the modified LCPA; or 3) Preparation of a Resolution to withdrawal the City’s submitted LCPA with the Council’s stated findings.
Should the Council desire to change the modified LCPA, the Council would need to withdraw and resubmit the amendment as a new LCPA.
Flaming Director Mollica presented the staff report.
Mayor Pro Tem Uhring opened the floor to public comment.
Speakers: Norm Haynie, Fred Gaines, Jefferson Wagner, Alex Perez, Rick Mullen, Pedro Toscano, Ryan Embree, Ellen Wolf, and Jo Drummond U
As there were no other speakers present, Mayor Pro Tem Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff and Mr. Haynie.
MOTION Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion to take no action on LCPA No. 16-006 and allow the LCPA process to expire.
The Council discussed the motion and directed questions to staff, Mr. Gaines, and Mr. Haynie.
FRIENDLY AMENDMENT
Mayor Silverstein moved to direct staff to work with the applicant and the California Coastal Commission to see if action can be taken that would potentially make the LCPA acceptable to the City Council.
The amendment was accepted by the seconder of the motion.
The question was called, and the amended motion carried 4-1, Councilmember Grisanti opposed.
ITEM 7 COUNCIL ITEMS
None.
ADJOURNMENT
Mayor Pro Tem Uhring adjourned the meeting at 10:20 p.m.
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Minutes of April 24, 2023
Approved and adopted by the City Council of the City of Malibu on December 11, 2023.
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