MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
MARCH 1 1, 2024
COUNCIL CHAMBERS
6:30 P.M.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 5:32 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
PUBLIC COMMENT ON CLOSED SESSION
Mayor Uhring opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 5:32 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference With Legal Counsel — Anticipated Litigation
l. Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Communication from California Department of Housing and Community Development Regarding Noncompliance with Housing Element Deadlines Number of potential cases: (l)
REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:33 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT Mayor Steve Uhring, Mayor Pro Tem Douo Stewart and Councrlmembers Paul Grlsanti Marianne Rlggms 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 Malibu City Council
Minutes of March 1 1, 2024
Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Richard Mollica, Planning Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; and Christina Munoz, Deputy City Clerk
PLEDGE OF ALLEGIANCE
Robert Brinkman led the Pledge ofAllegiance.
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 54956.9(d)(2), with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on March l, 2024, with the amended agenda posted on March 8, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to approve the agenda, hearing Item Nos. 6.C., 6.D., and 7.A. after the Consent Calendar. The motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
None.
ITEM 2.A. PUBLIC COMMENTS
John Honigsfeld discussed his ban from Santa Monica College (SMC) Malibu Campus.
Eden Mittelsdorf stated she was on the Pepperdine cross country team and discussed harassment and threats she received from a person experiencing homelessness during training near Malibu Road. She stated the incident was reported to the Sheriff’ s Department, but she was told by the officer that they could not do anything.
Michel Shane discussed the 2] Miles in Malibu documentary and upcoming screenings in and around Malibu. He requested the City support the film and further production on the film.
Robert Brinkman stated after the last City Council meeting, Malibu Marlins was informed that additional lanes had become available at the pool. He stated the Fww—a
ITEM 2.B.
Malibu City Council
Minutes of March 11, 2024
Malibu Marlins had entered into a vendor contract with the City and signed up 28 swimmers from ages 8-13, and 12 swimmers ages l2-l7 for the afternoon swim programs. He stated the community supported the democratic Malibu Marlins and thanked the Council for its support.
In response to Councilmember Riggins, Mr. Brinkman confirmed that the Malibu Marlins planned to compete and attend meets.
Lloyd Ahern, Las Tunas Homeowners Association (HOA), discussed the Topanga Lagoon restoration project and the five-year timeline for the project. He questioned why none of the Environmental Impact Report (EIR) meetings had been held in Malibu.
Karin Al-Hardan provided an update on the Malibu Education Foundation (MEF) and how the grant funds from the City were being used. She stated MEF was on track with the key performance indicators in the grant proposal. She stated MEF had been established as a legal entity and was waiting on approval for its 501(c)(3) status. She stated MEF had established an officer team and a board of directors and retained a consultant to work on the business plan. She announced the athletics pathway had launched and 130 students had registered for middle school athletics.
Howard Rudski congratulated Environmental Sustainability Director Bundy on being named Los Angeles Basin Section Supervisor of the Year Award by the California Water Environment Association.
Andy 0’ Brien was not present at the time ofthe hearing.
Brenton Tarrant was not present at the time of the hearing.
Rex Yuden was not present at the time of the hearing.
Andy Lyon discussed the skatepark appeal and the settlement agreement approved on February 26, 2024. He objected to the Council’s approval of the settlement agreement and expressed concern about the redesign ofthe skatepark. He discussed the parking agreement with 600 Spring. LLC and requested clarification on whether the parking area could be used for storage on the weekends.
Interim City Attorney Rusin stated the parking agreement did not allow storage on the site.
Jo Drummond requested an update on the mud slides near Big Rock on Pacific Coast Highway (PCH). She indicated agreement with Mr. Lyon’s comments. She thanked the Council for approving the MEF grant. She announced a fundraiser at the Malibu Raquet Club for the Shark Fund. She announced a weeding event at the Point Dume Headlands on March l3. 2024.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Malibu City Council
Minutes of March 11, 2024
City Manager McClary stated staffwould bring forward an item to consider sending a comment letter on the Topanga Lagoon Restoration Project EIR. He stated State Parks was keeping the City informed during the EIR scoping process. He stated a ceremonial item would be scheduled to recognize Environmental Sustainability Director Bundy’s award. He provided an update on landslides on PCI-l and announced one westbound lane and two eastbound lanes were open on PCH at Big Rock. He stated he attended a meeting last week with Mayor Uhring and Mayor Pro Tem Stewart and State Parks Superintendent Richard Fink. He stated State Parks had confirmed it would abide by the City’s Earth Friendly Management policy. He announced the Harry Barovsky Memorial Youth Commission application deadline had been extended to April 19, 2024. He announced the next Library Speaker Series event on March 20, 2024. He announced the next art exhibit opening at City Hall on March 24, 2024. He stated staff continued to work with Parks and Recreation Commission’s Ad Hoc Committee to find a resolution between the Malibu Marlins and Malibu Aquatics Foundation. He stated the Ad Hoc Committee met with the Presidents of both organizations on May 4, 2024 and follow-up meeting was scheduled this week with both boards. He stated last week a time slot became available at the pool and staff worked with the Malibu Marlins to secure swim lanes for their program. He stated the bill to approve speed cameras on PCH may be scheduled for a committee hearing date in early April. He stated the Consent Calendar included an item to support Supervisor Horvath’s GenAl solution for traffic mobility insights on PCH. He stated the Planning Commission had a Special meeting on Friday to consider the crosswalk at 22521 PCH and approved the project. He announced a virtual insurance townhall on April 4, 2024.
He stated he attended a Las Virgenes-Malibu Council of Governments (COG) Advisory Committee meeting and the City Manager Educational Seminar hosted by the Sheriff’ s Department.
In response to Councilmember Riggins, City Manager McClary stated he could request the coordinator for the Topanga Lagoon Restoration project hold a public meeting in the City.
In response to Councilmember Riggins, Public Works Director DuBoux stated the slide at Big Rock extended beyond the intersection and Caltrans was placing k—rails to keep debris out of the road.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, stated Sheriff Deputies and Volunteers on Patrol (VOP) had been directing traffic at the PCH lane closure near Big Rock. He discussed a pursuit last week of a truck and reported the driver was apprehended in Ventura County. He discussed a pursuit of kidnapping suspect and stated no one was injured and there was not a kidnapping. He discussed vandalism ofthe Tracy Park Gallery. He reported on crime stats for February 2024.
He stated there were 70 part one crimes, compared to 75 last year, and two DNA identifications for two burglaries. He discussed the incident with the Pepperdine cross country team. He stated he was informed ofthe incident the next day and had assigned a deputy to conduct a follow-up investigation and the criminal report was ITEM 2.C.
Malibu City Council
Minutes of March 1 1, 2024
assigned to a detective. He announced that the Lost Hills Station was launching a real-time crime and disaster center and requested residents join the camera registry so the Sheriff’s Department can request security camera footage in the event of a crime.
In response to Councilmember Grisanti, Sergeant Soderlund confirmed that the Sheriff’s Department could not watch the camera feeds from cameras in the registry.
In response to Mayor Pro Tem Stewart, Sergeant Soderlund stated the suspect from the incident with the Pepperdine cross country team had been identified.
In response to Councilmember Riggins, Sergeant Soderlund stated Pepperdine Public Safety was only responsible for safety on its campus.
In response to Mayor Uhring, Sergeant Soderlund stated the Sheriff’s Department was typically informed about car shows. He stated he assigned a Deputy to shadow the car show that came through Malibu.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Riggins announced a weeding event at the Point Dume Headlands on March l3, 2024.
In response to Councilmember Riggins, Ms. Al-Hardin confirmed that a Shark Fund fundraiser would be held at the Malibu Raquet Club on March l6, 2024. She encouraged the community to buys tickets.
Councilmember Riggins stated she attended a Clean Power Alliance Board meeting and a Women’s History Month luncheon sponsored by the Las Virgenes Water District. She stated she was glad that pool time was available for the Malibu Marlins and she hoped the swim groups could work together.
Councilmember Grisanti stated he attended the Women’s History Month luncheon sponsored by the Las Virgenes Water District.
In response to Councilmember Silverstein, Interim City Attorney Rusin stated the standard protocol was for the Council to receive all the public comments before responding.
Councilmember Silverstein discussed driving on PCH and stated he saw a Sheriff” s Department vehicle splitting lanes and driving the speed limit through a construction zone to safely slow the traffic. He stated he saw a vehicle with a large camera filming on PCH and questioned if they had a film permit. He addressed Mr. Honigsfeld and discussed the importance of free speech. He stated he hoped people would pay attention to how the 600 Springs construction parking was being used and stated that agreement could be terminated at the Council’s direction. He Malibu City Council
Minutes of March 1 1, 2024
suggested Mr. Shane work with the City Manager to see if there was a proposal that made sense, or he could apply for a General Fund Grant Program grant.
City Manager McClary stated he was in discussion with Mr. Shane about a potential proposal.
Councilmember Silverstein discussed homelessness and safety issues. He discussed the importance of enforcing the City’s No Camping ordinance. He stated the Councilmembers had disagreements, but they all agreed about the importance of supporting children in the community. He discussed the Council’s support for the Bluff’s Park Snack Shack, the swim groups, and MEF.
Mayor Pro Tem Stewart stated he was glad the crosswalk was approved by Planning Commission on Friday. He commended the Community Services staff and Parks and Recreation Commission Ad Hoc Committee’s on their work with the swim groups. He stated he attended a meeting with City Manager McClary and State Parks Superintendent Fink. He discussed the April 9, 2024 Transportation Committee hearing on the speed camera bill and the challenges the bill faced. He stated he attended meetings with consultants for the City’s Strategic Plan and Vacant Land Outreach. He congratulated Environmental Sustainability Director Bundy on her award and commended her for her work. He commended MEF for exceeding their goals. He discussed the settlement agreement between 600 Spring and the City and stated the Council’s goal was to get the skatepark built.
Mayor Uhring congratulated Environmental Sustainability Director Bundy on her award.
In response to Mayor Uhring, Interim City Attomey Rusin stated the settlement agreement with 600 Spring LLC only allowed parking on the City’s property and did not allow storage.
Councilmember Grisanti stated the agreement did not allow parking in the evening or on the weekends.
Mayor Uhring stated there may be additional mudslides and recommended everyone be careful. He stated he met with consultants for the City’s Strategic Plan and Vacant Land Outreach projects. He stated he spoke to the Mayor of Agoura Hills about the City’s fire safety grants. He discussed the approval of the settlement agreement with 600 Spring. He discussed the Council’s direction at February 26, 2024 and Interim City Attomey Rusin’s negotiations with 600 Springs. He stated the Interim City Attorney Rusin contacted Councilmember Riggins outside the meeting to discuss the indemnification clause the Council directed staff to include. He stated changes to the Council’s direction outside a meeting eroded the public’s trust.
Mayor Pro Tem Stewart requested the Councilmembers avoid denigrating staff in public.
ITEM 3
MOTION
Malibu City Council
Minutes of March 1 1, 2024
Pag€ 7 of 1 1
CONSENT CALENDAR
Councilmember Grisanti moved, and Mayor Pro Tem Stewart seconded a motion to approve the Consent Calendar. The question was called, and the motion carried unanimously.
The Consent Calendar consisted of the following items:
A.
ITEM 4
ITEM 5
Previously Discussed Items
None.
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 71654-71805 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. 742 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $924,182.86. City ofMalibu payroll check number 541 1-541 5 and ACH deposits were issued in the amount of $600,750.04.
3. Approval of Minutes
Recommended Action: Approve the minutes for the September 25, 2023 Malibu City Council Regular meeting, September 27, 2023 Malibu City Council Special meeting, and October 9, 2023 Malibu City Council Regular meeting.
4. SUPPORT (Horvath)— GenAI Solution for Traffic Mobility Insights for PCH
Recommended Action: Ratification of Action Taken - Authorize City Manager to sign onto Joint Letter authored by Supervisor Lindsey Horvath requesting Department of Transportation identify Pacific Coast Highway for GenAI Solution for Traffic Mobility Insights.
ORDINANCES AND PUBLIC HEARINGS
Appeal No. 23-008 - Appeal of Planning Commission Resolution No. 23-52 (Skatepark at 24250 Pacific Coast Highwav: Appellant. 600 Spring LLC) (Continued from February 26. 2024)
Recommended Action: Continue the item to a date uncertain.
This item was continued upon approval of the agenda.
OLD BUSINESS
None.
ITEM 6
MOTION
MOTION
Malibu City Council
Minutes ofMarch 1 1, 2024
NEW BUSINESS
Senate Bill (SB) —NOT in California Act (Stern) SUPPORT Recommended Action: 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 ofdriving 26 miles per hour or greater over the posted speedlimit a two-point Violation.
Deputy City Manager Brown presented the staff report.
Mayor Uhring opened the floor to public comment. As there were no speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item.
Mayor Pro Tem Stewart moved, and Councilmember Silverstein seconded a motion 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 discussed the motion.
The question was called, and the motion carried unanimously.
Malibu Pacific Coast Highway Safety Projects Report
Recommended Action: l) Receive and file March 2024 Pacific Coast Highway Safety Projects Report; 2) Receive a presentation on Analysis of Proposed Traffic Calming Measures; and 3) Provide Direction to Staff to explore and/or implement certain measurers within the City’s jurisdictional authority, if appropriate.
Deputy City Manager Brown and Public Works Director DuBoux presented the staff report.
Mayor Uhring opened the fioor to public comment.
Speakers: Alex and Jo Drummond
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 Silverstein moved, and Mayor Uhring seconded a motion to direct staff to bring back an update on Malibu Pacific Coast Highway safety projects at the April 22, 2024 meeting.
Malibu City Council
Minutes of March 11, 2024
The Council discussed the motion and directed questions to staff.
FRIENDLY AMENDMENT
RECESS
ITEM 7
MOTION
Councilmember Silverstein moved to direct staffto bring back the report at the May 13, 2024 meeting.
The amendment was accepted by the seconder.
The motion carried unanimously.
At 9:12 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 9:20 pm. with all Councilmembers present.
COUNCIL ITEMS
Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH (Mayor Pro Tem Stewart and Councilmember Grisanti) (Continued from February 26, 2024)
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.
Councilmember Grisanti presented the report.
Mayor Uhring opened the floor to public comment.
Speaker: Howard Rudzki, Jo Drummond, and Ryan Embree
As there were no other speakers present, Mayor Uhring retumed the matter to the table for discussion.
The Council discussed the item.
Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to direct staff to bring back a resolution on the consent calendar based on the language proposed in Attachment l, advocating for proposed changes to the California State Vehicle Code to deter excessive speeding on PCH, and distribute the resolution to the officials listed in the staff report after the resolution is adopted.
The Council discussed the motion.
FRIENDLY AMENDMENT L Councilmember Silverstein moved to recommend individuals forfeit their vehicle for the second violation.
ITEM 6
Malibu City Council
Minutes ofMarch 1 1, 2024
The friendly amendment was not accepted by the motion maker or seconder.
The motion carried unanimously.
NEW BUSINESS (Continued)
Strategic Plan Project Update (Continued from February 26, 2024) Recommended Action: Receive and file a progress report on the Strategic Plan Projects.
City Manager McClary presented the staff report.
Mayor Uhring opened the floor to public comment.
Speaker: Jo Drummond
As there were no other speakers present, Mayor Uhring retumed the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
Without objection, Mayor Uhring received and filed a progress report on the Strategic Plan Projects.
Mid-Year Commission Activity Reports (Continued from February 26. 2024) Recommended Action: l) Receive and file mid-year activity reports from the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission, and Public Works Commission; and 2) Amend Commission assignments for Fiscal Year 2023-2024, if appropriate.
City Manager McClary presented the staff report.
Mayor Uhring opened the floor to public comment. As there were no speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
Without objection. Mayor Uhring received and filed mid-year activity reports from the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission, and Public Works Commission.
L
ADJOURNMENT
Mayor Uhring adjoumed the meeting at 10: 1 5 p.m.
Malibu City Council
Minutes of March 11, 2024
Ap ved and adopted by the City Council of the
. 2024
VE HRING Mayor
IJQH ., City Clerk
p
E U
T