MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
FEBRUARY 12, 2024
COUNCIL CHAMBERS
6:30 P.M.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 6:36 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director Richard Mollica Planning Director Susan Duenas Pub11c Safety D1rector Parker Dav1s Medla Techn1c1an Christina Munoz Deputy C1ty Clerk Trav1s Hart and Deputy Pub11c Works Director
PLEEDG OF ALLEGIANCE
Lester Tobias led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on February 2, 2024, with the amended agenda posted on February 9, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Grisanti moved, and Councilmember Silverstein seconded a motion to approve the agenda.
FRIENDLY AMENDMENT
Councilmember Riggins moved to adjourn in memory of Matt Rapf.
The amendment was accepted by the maker and the seconder of the motion.
The motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
None.
ITEM 2.A.
Malibu City Council
Minutes of February 12, 2024
PUBLIC COMMENTS
Lester Tobias discussed delayed planning approvals for his projects. He stated the additional contract planners did not improve the department’s response time.
Fireball Lawrence announced 2] Miles in Malibu had won nine film festival awards. He announced a screening with Supervisor Horvath and Malibu High School.
Jill Hawkins was not present at the time of the hearing.
Jaime Francis stated he was unaware of the closed session regarding potential litigation over the housing element. He discussed the importance of the housing element‘and the City’s obligation to provide affordable housing.
Ryan Embree stated the Planning Commission only had four members at its last meeting to consider an application to restore a wetland buffer at 23855 Civic Center Way. He expressed concern that the project would minimize the wetlands.
Mario Sandoval, Mountains Recreation and Conservation Authority (MRCA) Coastal Planner, read a letter from Elena Eger into the record.
ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Fireball Lawrence, Malibu Arts Commission, stated Poet Laureate Nathan Hassall had lead poetry workshops for children and adults since assuming office in September 2023 and announced the next Caffeinated Verse event on February l7, 2024. He announced The Ripple Effect: A Generative Poetry Workshop on February 24, 2024. He stated workshops had also been organized at all the Malibu schools. He stated the Malibu student art exhibit had opened on Monday and would close on March 10, 2024. He stated the next art exhibit would open on-March 24, 2024 and feature art by Leigh McCloskey. He stated the Commission planned to continue the Art Talks program and had a program planned with Pep Williams.
City Manager McClary discussed the storm last week and reported that the City did not have any significant issues, but the City was monitoring 34 parcels that showed signs of slope failure or coastal erosion. He stated CHP was actively patrolling PCH and provided statistics from the CHP Task Force for January 29-February 11, 2024. He stated 154 citations were issued, 15 1 of those were for speeding, and ten verbal warnings were given. He stated an individual speeding over 100 mph was stopped and arrested for driving under the influence. He stated on February 8, 2024 additional CHP officers were deployed in Malibu for targeted enforcement and resulted in 23 citations for moving Violations and 16 non—moving violations. He stated the City participated in the homeless count on January 24, 2024 and the local count showed 51 individuals experiencing homelessness in Malibu, the lowest count since 2016. He announced the new minimum wage effective July 1, 2024 was $17.27 per hour. He announced the Agents of Discovery program for children B
Malibu City Council
Minutes of February 12, 2024
aged 4-12, launching at Legacy Park. He stated he attended the Library Subcommittee meeting and a Business Roundtable meeting. He stated he attended the League of California Cities City Manager conference with Assistant City Manager Toney and Deputy City Manager Brown.
Sergeant Chris Soderlund, Los Angeles County Sheriff” s Department, discussed the recent rainstorms and reported there were no significant issues. He discussed the earthquake on February 9, 2024, and the epicenter off Decker Road. He discussed the Sheriff Department’s critical facility checks in response to the earthquake and stated there was no damage to report He stated CHP had begun patrolllng PCH 1n Mallbu seven days a week He dlscussed an 1nc1dent where a suspect fled 1n response to a DEA search warrant and the Sheriff Department as31sted w1th apprehendlng the suspects He stated the afternoon crime suppress1on car had been investigating‘vehicle burglaries and they had identifled two vehicles associated with the burglaries and led to the arrest of a suspect. He reported crime statistics for January 2024. He stated there were 35 part one crimes, compared to 44 in 2023. He stated there were two residential burglaries in the Malibu West area. He stated he planned to meet with Malibu West HOA on February 21, 2024 to discuss burglaries and security.
ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
In response to Councilmember Riggins, City Manager McClary stated staff would look into the letter from MRCA. He stated staff could provide the Council with an update on the Planning Department workload, current staffing, and consultants.
Councilmember Grisanti stated he read a new rule from the Department of Transportation outlining the types of studies for any work on PCH and other highways He stated this rule could support the City s effort to lower speed limits on PCH He announced a Los Angeles County Coastal ReSIhency Study meeting on February 28 2024 He d1scussed the draft State of Callforma Sea Level r1se guidance He dlscussed the Topanga Beach Lagoon Restoratlon prOJect and announced a meeting at the end of February. He stated he attended the SM-MUSD California Voting Rights Act (CVRA) hearings in Malibu and Santa Monica. He stated school district separation was still progressing. He recommended students apply for the Harry Barovsky Memorial Youth Commission and discussed the positive impact it had on its members.
Councilmember Riggins stated she attended a Clean Power Alliance Board meeting and a Library Subcommittee meeting. She stated she attended the SM-MUSD CVRA hearing in Malibu and virtually attended the Santa Monica hearlng She announced the Pornt Dume Headlands weed pulling event on February 14 2024 She announced the next Llbrary Speaker Serles event on February 21 2024 an organrcs recycllng trarmng on February 14 2024 and an e waste recycling event on February 17, 2024.
Councilmember Silverstein thanked the public speakers and those who sent written Malibu City Council
Minutes of Fcbruary 12, 2024
.comments. He discussed the challenges of bureaucracy and concerns he heard from the public that the system was not fair to everyone. He encouraged members ofthe public to share any concerns they have with the Councilmembers. He stated the City had held an open public hearing on the housing element and the closed session today was publicly noticed on an agenda. He recommended Mr. Francis look into the facts of the law. He stated a project on the Smith Parcel wetlands had been approved by the Planning Commission and he hoped the project would be brought before the Council. He discussed the Council’s ability to appeal decisions of Planning Commission decisions and the 10-day window for the appeal. He stated he would like to review the letters from the MRCA and California Coastal Commission. He stated he attended an Administration andFinance Subcommittee meeting and a Library Subcommittee meeting. He discussed the latest homeless count and stated one of his campaign platforms was to reduce the number ofpeople experiencing homelessness in the City for the public’s safety. He stated the number of people experiencing homelessness in the City had consistently decreased since the election. He discussed his work on the No Camping ordinance to address the issues with homelessness. He stated the No Camping ordinance could be more strictly enforced, particularly to address individuals living in their car who had the ability to travel to shelter. He stated he had received emails from individuals seeking to appeal the Council's decision regarding the award of the half marathon road race agreement. He stated that he understood the Council’s decision could not be appealed, but he had reviewed all the comments.
Mayor Pro Tem Stewart stated he attended an Administration and Finance Subcommittee meeting, and the SM—MUSD CVRA hearing in Malibu. He stated he met with Senator Irwin’s staff and city staff to discuss PCH safety. He commended the Public Works and Public Safety staff for their response to the winter storm. He discussed the earthquake on February 9, 2024 and the importance of earthquake preparedness. He stated the City had purchased automatic license plate readers and they could have assisted in locating the burglary suspect with the stolen plates if they were in operation. He discussed the Baker Tilly report and the importance of getting an update on the implementation of those recommendations.
He discussed a Department of Transportation study and stated he looked forward to reading it. He indicated agreement with Councilmember Silverstein’s comments on the housing element. He stated the City was trying to comply with the law and explained that work on the housing element was one of the things taking resources away from other projects. He discussed homelessness and the communities’ support fOr individuals experiencing homelessness. He stated it was important to help each person individually and explained that they each had different needs and challenges.
Mayor Uhring stated Lindsay Horvath contacted him immediately after the earthquake and rain‘ events to check on conditions in Malibu. He commended Public Wgrks Director DuBoux, Public Safety Director Dueflas, and Environmental Sustainability Director Bundy on their work in response to storms and earthquakes. He announced an event at Adamson House at the end of February to tour the Adamson House and Surfrider Beach. He stated he met with Assemblymember
FRIENDLY AMENDMENT
Mayor Uhring moved to pull Item Nos. 3.B.10 and 3.B.1 1.
The amendment was accepted by the maker and the seconder.
The motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
None.
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 71300-71511 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. 740 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,268,192.75.City of Malibu payroll check number 5399-5406 and ACH deposits were issued in the amount of $869,531.1 1. 3: Approval 'of Minutes
Recommended Action: Approve the minutes for the July 10, 2023 Malibu City Council Regular meeting, August 7', 2023 Malibu City Council Special meeting, and August 14, 2023 Malibu City Council Regular meeting. 4. Fiscal Year 2022-23 Fourth Quarter Financial Report Recommended Action: Receive and file Fiscal Year (FY) 2022-23 Fourth Quarter financial information.
Malibu City Council
Minutes of February 12, 2024
Irwin and Mayor Pro Tem Stewart and she was optimistic about the proposed bill to allow speed cameras in Malibu. He stated the CVRA hearing Videos are available online. He stated he attended an event in Agoura Hills about the 101 Freeway wildlife crossing. He stated he met with Captain Seetoo, Public Safety Director Duenas, and City Manager McClary to discuss potential measures to improve safety on PCH. He stated Captain Seetoo had put reserve Deputies in the fleld and had directed the crime suppression cars to patrol PCH when they were not responding to a call or writing reports in the field.
ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.10. and 3.B.l l. were pulled by the Council.
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to approve the Consent Calendar.
Malibu City Council
Minutes of February 12, 2024
Fiscal. Year 2023-24 First Quarter Financial Report
Recommended Action: Receive and file Fiscal Year (FY) 2023-24 First Quarter financial information.
Annual Comprehensive Financial Report and Management Letter for Fiscal Year 2022-23 Recommended Action: Receive and file the Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2022-23.
Disposal of Surplus Property
Recommended Action Approve the disposal of surplus City equipment Amendment to Professmnal Serv1ces Agreement With Kimley Horn and Assoc1ates Inc
Recommended Action: Authorize the Mayor to execute Amendment No. 4 to the Professional Services Agreement with Kimley Horn and Associates, Inc. in the amount of $297,850 for a total not to exceed $3,240,860 for additional engineering design during construction and extending the term ofxthe agreement for the Pacific Coast Highway Signal Synchronization Project Amendment to Profess10nal SerVices Agreement With STLR Corporation dba Ryland School Busmess Consulting
Recommended Action Authorize the Mayor to execute Amendment No. 8 to the Professional Services Agreement with STLR Corporation, dba Ryland School Business Consulting for a total contract amount of $477,710. Resolution Ratifying the Director of Emergency Services’ Proclamation of Existence of a Local Emergency Recommended Action: Adopt Resolution No. 24-05 ratifying the proclamation of existence of a local emergency by the Director of Emergency Services.
The following items were pulled from the consent calendar for individual consideration:
l2.
MOTION
10. Amendment to Profess1onal Serv1ces Agreement With Califomia Coastal Works LLC
Recommended Action: Authorize the Mayor to execute Amendment No. 3 to Agreement with California Coastal Works, LLC for planning contract services to extend the term of the agreement and increase the total compensation.
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Stewart moved and Mayor Uhring seconded a motion to authorize the Mayor to execute Amendment No 3 to Agreement With California Coastal Works LLC for planning contract serv1ces to extend the term of the agreement and increase the total compensation The motion carried unanimously. ll. Malibu Education Foundation General Fund Grant Memorandum of Understanding
Malibu City Council
Minutes of February 12, 2024
Recommended Action: 1) Authorize the Mayor ‘to execute the Memorandum of Understanding (MOU) between the City and the Malibu Education Foundation (MEF) for a General Fund Grant establishing a centralized fundraising entity upon approval of the MEF’S articles of incorporation by the Secretary of State; and 2) Appropriate one-time funding of $353,100 from the General Fund Undesignated Reserve to Account 100-7007-5930-02 (City Council-Community Grants).
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Stewart
Councilmember Riggins
Unanimous
MOTION
ITEM 6
MOTION
Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to: 1) authorize the Mayor to execute the Memorandum of Understanding (MOU) between the City and the Malibu Education Foundation (MEF) for a General Fund Grant establishing a centralized fundraising entity upon approval of the MEF’s articles of incorporation by the Secretary of State; and 2) appropriate one-time funding of $353,100 from the General Fund Undesignated Reserve to Account- 100-7007—5930- 02 (City Council-Community Grants). The motion carried unanimously.
NEW BUSINESS
School Safety Assessment (Continued from January 22, 2024) Recommended Action: 1) Receive a report on the School Safety Assessment; and 2) Provide direction to staff as appropriate.
Public Safety Director Dueflas and Carey Upton and Isaac Burgess (SM-MUSD) presented the staff report.
Mayor Uhring opened the floor to public comment.
Speaker: Jake Lingo, Jo Drummond, Dane Skophammer, and Ryan Embree As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Counc1l dlscussed the item and dlrected questlons to staff Mr Upton Mr Burgess and Sergeant Soderlund Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to direct staff to bring back an item to consider an amendment to the Guidepost Solutlons agreement to prov1de school safety 1mplementatlon updates The motion carried unanlmously
ITEM 4
MOTION
RECESS
ITEM 5
ITEM 6
Malibu City Council
Minutes of Februaryl 12, 2024 ' Page 8 of 12
ORDINANCES AND PUBLIC HEARINGS
Exterior Elevated Elements (E3) Ordinance (Continued from January 22, 2024) Recommended Action: l) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 515 determining the project is categorically exempt from the Califomia Environmental Quality Act and adding Chapter 15.30 to Title 15 of the Malibu Municipal Code to create a process to regulate exterior elevated elements within the City; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 515 for the February 26, 2024 City Council meeting.
Environmental Sustainability Director Bundy presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speakers: Norm Haynie, and Ryan Embree
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to 1) introduce on first reading Ordinance No. 515 determining the project is categorically exempt from the Califomia Environmental Quality Act and adding Chapter 15.30 to Title 15 of the Malibu Municipal Code to create a process to regulate exterior elevated elements within the City; and 2) Direct staff to schedule second reading and adoption of Ordinance No; 5 1 5 for the February 26, 2024 City Council meeting.
Interim City Attorney Rusin read the title of the ordinance.
The question was called, and the motion carried unanimously.
At 9 17 p m Mayor Uhrlng recessed the meetlng The meeting resumed at 9 29 p m w1th all Counc1lmembers present
OLD BUSINESS
None.
NEW BUSINESS (Continued)
Fiscal Year 2023-24 Second Quarter Financial Report and Mid-Year Budget Amendments MOTION
Malibu City Council
Minutes of February 12, 2024
Recommended Action: 1) Receive and file Fiscal Year (FY) 2023-24 Second Quarter Financial Report; 2) Adopt Resolution No. 24—03 amending the annual budget for Fiscal Year 2023-24; and 3) Adopt Resolution No. 24-04 approving Recreation Assistant II job specifications.
Assistant City Manager Toney presented the staff report.
Mayor Uhring opened the floor to public comment.
Speaker: Jo Drummond, and Ryan Embree
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Stewart moved, and Councilmember Silverstein seconded a motion to: 1) receive and file Fiscal Year (FY) 2023-24 Second Quarter Financial Report; 2) adopt Resolution No. 24-03 amending the annual budget for Fiscal Year 2023- 24; and 3) adopt ReSolution No. 24-04 approving Recreation Assistant II job specifications. The motion carried unanimously.
Malibu Little League Fee Waiver
Recommended Action: Consider whether to approve the request from Malibu Little League to waive the field use and snack shack equipment rental fees for the 2024 baseball and softball season.
Community Services Director Riesgo presented the staff report.
Mayor Uhring opened the floor to public comment.
Speaker: Jake Lingo
MOTION
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to approve the request from Malibu Little League to waive the field use and snack shack equipment rental fees for the 2024 baseball and softball season.
The Council discussed the item.
The motion carried unanimously.
Agreement for Community Outreach and Education Related to City-Owned Vacant Lots Recommended Action: 1) Authorize Mayor to execute Professional Services Malibu City Council
Minutes of February 12, 2024
Agreement with Tripepi Smith to provide Community Outreach and Engagement Services related to City-owned Vacant Lots in the'amount of $130,000; and 2) Appropriate $55,000 from the General Fund Undesignated Reserve to Public Works Engineering, Professional Services, Account 100-3008-5100.
MOTION
Deputy City Manager Brown presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speaker: Jake Lingo, Dane Skophammer, Jo Drummond, Ryan Embree, and Josh Spiegel
As there Were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Stewart moved, and Councilmember Silverstein seconded a motion to 1) authorize Mayor to execute Professional Services Agreement with Tripepi Smith to provide Community Outreach and Engagement‘Services related to Cityowned Vacant Lots in the amount of $130,000; and 2) appropriate $55,000 from the General Fund Undesignated Reserve to Public Works Engineering, Professional Services, Account 100-3008-5 100.
The Council discussed the item and directed questions to staff and’Ryder Smith (Tripepi Smith).
The motion carried unanimously.
MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 6.E. after 10:30 p.m. The motion carried unanimously.
Malibu Farmer’s Market
Recommended Action: Review the proposed options for the return/relocation of the Malibu Farmer’s Market and provide staff direction on next steps.
Deput City Manager Brown presented the staff report.
Mayor Uhring opened the f100r to public comment.
Speaker: Dane Skophammer
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
Malibu‘City Council
Minutes of February 12, 2024
The Council discussed the item and directed questions to staff.
Without objection, Mayor Uhring received and filed the update.
Strategic Plan Project Update
Recommended ActiOn: Receive and file a progress report on the Strategic Plan Projects.
This item was continued to the February 26, 2024 meeting.
Councilmember Riggins moved, and Councilmember Grisanti seconded a motion ‘ to hear Item No. 7.A. after 10:30 p.m.
COUNCIL ITEMS
MOTION
ITEM 7
MOTION
A. Designation of Voting Delegate and Alternate Voting Delegategs) for the 2024 Southern California Association of Govemments (SCAG) Annual Regional Conference and General Assembly Recommended Action: Designate the City’s VOting delegate and alternate voting delegate for the scheduled for May 2—3, 2024 in Palm Desert.
Mayor Uhring opened the floor to public comment.
Speaker: Jaime Francis stated he intended to speak on Item No. 6.F.
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
Mayor Uhring moved, and Councilmember- Silverstein seconded a motion to designate Councilmember Riggins as the delegate and Councilmember Grisanti as the alternate voting delegate for the Southern California Assoc1atlon of a Govemments 2024 Annual Reg10na1 Conference and General Assembly The the motlon carr1ed unanlmously Proposed Advocacy for Changes to the Califomia State Vehicle Code to Dete Excess1ve Speed1n_g_on PCH (Mayor Pro Tem Stewart and Counc1lmember Grisantl) Recommended Action: At the request of Mayor Pro Tem Stewart and Councilmember Grisanti: 1) Consider advocating for proposed changes to the California State Vehicle Code to deter excessive speeding on PCH; and 2) Provide direction to staff, as needed, to come back at a future date with a resolution advocating for changes or a letter to California state officials.
This item was continued to the February 26, 2024 meeting.
ADJOURNMENT
Malibu City Council
Minutes of February 12, 2024
Mayor Uhring adjourned the meeting at 10:53 p.m. in memory of Matt Rapf.
Approved and adopted by the Clty Counc11 of the
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