MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
MARCH 25, 2024
COUNCIL CHAMBERS
6:30 P.M.
REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:31 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, Public Safety Director; Parker Davis, Media Technician; Jason Lawrence, Deputy City Clerk; and Travis Hart, Deputy Public Works Director
PLEDGE OF ALLEGIANCE
Girl Scout Troop 71 625 led the Pledge ofAllegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on_March l4, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to approve the agenda and continue Item No. 4B. to a date uncertain. The question was called, and the motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Recognition of Environmental Sustainability Director Yolanda Bundy’s receipt of the Los Angeles Basin Section Supervisor of the Year Award from the California Water Environment Association
Mayor Uhring congratulated Environmental Sustainability Director Bundy on her award. He read remarks from Terry Davis.
Environmental Sustainability Director Bundy thanks the Mayor for the recognition.
ITEM 2.A.
Malibu City Council
Minutes of March 25, 2024
Los Angeles County Fire Brigade Program Update
Brent Woodworth, Los Angeles Emergency Preparedness Foundation (LAEPF) CEO, and Keegan Gibbs, Community Brigade Director of Operations, presented on the history of the LAEPF, resiliency planning after the Woolsey Fire, and plans for pilot Fire Brigade communities.
The Council thanked the presenters for the update.
PUBLIC COMMENTS
Tim Pera, Mountains Recreation and Conservation Authority Ranger, provided a Ranger activity report for the last month. He stated 386 citations were issued, a homeless encampment was cleared near Puerco, and Rangers made contact with a recreational vehicle owner parked near the Carbon/La Costa beach access and a notice of no camping issued. He stated extended patrols were conducted for public safety, illegal parking issues at Escondido Canyon Trail, and all beach access areas.
He stated no service calls were generated. He stated nine administrative citations were issued off-trail use and three for dogs off leash at Escondido Canyon trail. He stated two citations issued at Lechuza Beach for dogs off—leash.
Alexander Hakim congratulated Environmental Sustainability Director Bundy. He requested the Council schedule a Special meeting for consideration of the Malibu Inn Motel appeal that had been rescheduled at the request of the appellant.
Michel Shane stated he would like to work with the City on his 21 Mles in Malibu film and he was available for questions.
Glider Lyon deferred time to Andy Lyon.
Andy Lyon presented a video from the March l l, 2024 City Council meeting where the Council discussed the permanent skate park. He discussed the settlement agreement with 600 Spring LLC to settle the appeal of the permanent skate park project. He discussed how the settlement agreement was reached and expressed frustration that the Council settled with 600 Spring instead of denying the appeal.
He stated he was kicked off the Pepperdine University campus for skateboarding before Councilmember Grisanti attended the school.
Lloyd Ahern, Las Tunas Homeowners Association (HOA) President, stated he had learned more about the Topanga Lagoon Restoration project from an attorney and hydrologist retained by the HOA. He requested a City representative attend a meeting on March 28, 2024 with the HOA and State Parks.
Howard Rudzki congratulated Environmental Sustainability Director Bundy.
Bill Sampson thanked City Clerk Pettijohn for catching up on the City Council {—H
ITEM 2.B.
Malibu City Council
Minutes of March 25, 2024
minutes. He stated he reported excessive noise at a permitted special event to the City. He requested the Council review the regulations for special events and noise.
He discussed the history of short-term rentals in the City. He discussed the California Coastal Commission’s (CCC) denial of the Hosted Short-Term Rental ordinance.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
City Manager McClary provided an update on road closures due to rock and mud slides. He stated Topanga Canyon remained closed and the slide was still shifting.
He stated Caltrans stationed flaggers at Tuna Canyon Road and Pacific Coast Highway (PCH) to help overflow traffic from the Topanga Canyon closure and restriped the median at Big Rock to provide two lanes of traffic in each direction.
He stated another inch of rain was forecasted for the weekend. He stated Caltrans planned to install a temporary signal near Moonshadows to allow drivers to make a U-turn. He stated there was a fatal single vehicle collision on PCH on March 14, 2024 near the Ventura/LA County line. He stated representatives from the City planned to testify in front of the Senate Transportation Committee in support ofthe speed camera bill SB 1297. He announced the Harry Barovsky Youth Commission application deadline had been extended April l9, 2024. He announced the Coastal Vulnerability Assessment workshops on April l8, 2024 and April 30, 2024. He announced a Wildfire and Disaster Insurance virtual townhall meeting on April 4, 2024. He reported City staff had cleared a homeless encampment near Sweetwater Mesa and services were offered to the individuals experiencing homelessness. He stated applications were open for the hazard tree removal grant program. He reports on Woolsey Fire rebuild statistics. He stated 371 single-family home applications had been submitted, 359 applications had been approved by Planning, and 12 were under review. He statedl 58 single-family homes had been rebuilt, 18 multi-family had been rebuilt, 127 projects were under construction, 10,000 inspections had been approved, 17,000 inspections had been completed, and 282 single-family home rebuild permits had been issued. He announced Chumash Days April 6-7, 2024.
He stated he attended a Las Virgenes-Malibu Council of Govemments (COG) meeting, a PCH Task Force meeting, and a school district separation mediation. He stated staff received complaints regarding the Surf Canyon Center and staff was investigating. He stated Code Enforcement diligently investigated each complaint received. He welcomed Human Resources Manager Michele Cook and Senior Planner Hani Baker.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided an update on the January 5, 2024 crash on PCH. He stated the detective was working with a witness to identify the suspect. He discussed DUI arrests on March l3, 2024 and March 16, 2024 and arrests for two racing vehicles on March 22, 2024. He stated a suspect for theft of catalytic converter was identified with DNA evidence and a warrant was issued. He stated the suspect threatening the Pepperdine crosscountry team had been arrested. He stated the Lost Hills Station participated in the Baker to Vegas relay race.
ITEM 2.C.
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In response to Councilmember Silverstein, Sergeant Soderlund stated the individual harassing the Pepperdine team was arrested for making criminal threats and that type of arrest had a required a bail amount. He stated that arrests for speeding were misdemeanors and did not require bail.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended the Exterior Elevated Elements Townhall on March l2, 2014, school district separation mediation meetings on March 14 and March 15, 2024, a library concert series event at Malibu Library on March 15, 2024, a CERT search and rescue exercise on March 16, 2024, a Composers Breakfast at Dreamworks on March l8, 2024, a school bond meeting at Webster Elementary School on March l9, 2024. He stated he met with a group of Cub Scouts at City Hall. He stated he attended the steel topping-out ceremony for the Malibu High School (MHS) construction project on March 19, 2024, a school separation team meeting on March 22, 2024, a Pepperdine School of Law symposium on disasters and the impacts on real estate, and the Leigh McCloskey art show opening at City Hall on March 23, 2024. He encouraged the public to visit the art exhibit.
Councilmember Riggins stated she attended the Los Angeles County Women ofthe Year luncheon. She stated she attended the school district separation team meetings and mediations with Councilmember Grisanti. She stated she attended attended the steel topping-out ceremony for the MHS construction project. She stated she participated Chamber of Commerce panel discussion with Supervisor Lindsay Horvath and Pepperdine’s Karen Jackson on women in government. She asked if the City could make dumpsters available to the public before the mandatory brush clearance deadline.
Councilmember Silverstein stated he had been moving homes and unable to attend many other meetings. He congratulated Environmental Sustainability Director Bundy.
1n response to Councilmember Silverstein, City Manager McClary stated the appellant for the Malibu Inn Motel appeal had informed staff that they were unavailable for the hearing tonight and had requested a continuance. He stated the City’s practice was to grant one continuance each for the appellant and applicant. for a hearing.
Mayor Pro Tem Stewart congratulated Environmental Sustainability Director Bundy. He stated he attended attended the steel topping-out ceremony for the MHS construction project and Las Virgenes-Malibu Council of Governments (COG) meeting on March 19, 2024. He stated he attended the Chamber of Commerce Woman of the Year event where Councilmember Riggins spoke with Supervisor Lindsay Horvath and Karen Jackson.
At 7:38 p.m. Councilmember Silverstein left the dais.
Malibu City Council
Minutas ofMarch 25, 2024
Mayor Pro Tem Stewart discussed the City’s grant writer program and the funding that the City had received. He discussed the value of inviting Cub Scouts and Girl Scouts to participate in local government. He discussed the permanent skate park and the threat of litigation from the neighboring developer. He stated the Council had two open sessions on the settlement agreement after the closed sessions.
At 7:41 p.m., Councilmember Silverstein returned to the dais.
Mayor Pro Tem Stewart stated the goal was to get the skate park built as soon as possible. He stated the City Manager was in discussions with Mr. Shane about his project.
Mayor Uhring stated he attended the Leigh McCloskey art show opening. He stated he attended a school bond meeting. He stated the Cub Scouts visited City Hall last week and the Girl Scouts came to the meeting tonight and discussed the importance of educating the youth on local government. He stated the Los Angeles County Board of Supervisors was considering a short-term rental ordinance and requested consensus to direct staff to study the ordinance and compare it to the City’s regulations.
Mayor Pro Tem Stewart suggested also bringing back an update on the City’s ordinance.
CONSENSUS
By consensus, the Council directed staffto analyze Los Angeles County’s proposed short-term rental (STR) ordinance and bring back an update on the City’s STR ordinance.
Mayor Uhring requested staff provide an update on the Lumber Yard.
City Manager McClary stated staff would bring back on update at the April 22, 2024 meeting on how the Formula Retail Ordinance was implemented and enforced.
Mayor Uhring stated he would also like to see a report on Lumber Yard operations.
He stated the appellant for an appeal could request a continuance if they were unavailable for the hearing and the Malibu Inn Motel hearing had been rescheduled for the May l3, 2024 meeting. He stated the City was working on a comment letter for the Topanga Lagoon Restoration EIR. He discussed Mr. Sampson’s noise complaint and stated excessive noise from special events should be addressed.
Councilmember Grisanti stated complaints needed to be reported to the City or the Sheriff’s Department so staff could follow-up.
Mayor Uhring discussed the skate park appeal and the settlement agreement. He stated he wanted the skate park to be built. He expressed concern that the ITEM 3
MOTION
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Minutes of March 25, 2024
indemnification clause the staff presented did not match the terms the Council directed and the City Attorney had discussed the indemnification terms with Councilmember Riggins after the Council provided direction.
Councilmember Riggins stated there were several potential timelines for the skate park if the Council heard the appeal. She stated the settlement agreement allowed the project to come to a resolution without litigation.
Councilmember Grisanti discussed Mr. Lyon’s remarks and stated there were inaccuracies in his statements. He clarified that he had not attended Pepperdine University.
CONSENT CALENDAR
Mayor Pro Tem Stewart moved. and Councilmember Grisanti 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. 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 71806-71926 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. 743 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,289,895.43. City of Malibu payroll check number 5416-5418 and ACH deposits were issued in the amount of $409,341 .98.
3. Approval of Minutes
Recommended Action: Approve the minutes for the October 12. 2023 Malibu City Council Special meeting, October 23. 2023 Malibu City Council Regular meeting, November 13, 2023 Malibu City Council Regular meeting, November 27, 2023 Malibu City Council Regular meeting, and December ll, 2023 Malibu City Council Regular meeting.
4. Mayors’ Monarch Pledge
Recommended Action: l) Authorize Mayor Uhring to sign the National Wildlife Federation Mayors’ Monarch Pledge, renewing the City’s commitment to save the monarch butterfly; and 2) Direct staffto implement measures to meet the commitments of the Mayors’ Monarch Pledge in support of monarch and pollinator conservation in the Malibu community.
5. Trancas Canyon Park Playground Resurfacing Proiect
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Pagé 7 of 9
Recommended Action: l) Approve the award and authorize the Mayor to execute a construction contract with Robertson Industries, Inc. in the amount of $1975151.3l for the construction of the Trancas Canyon Park Playground Resurfacing, Specification No. 2109; and 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount.
6. Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH
Recommended Action: l) Adopt Resolution No. 24-14 advocating for changes to the California State Vehicle Code and requesting State and County officials work collaboratively to increase safety on Pacific Coast Highway, and 2) Authorize the City Manager to send a letter to named officials in the resolution along with the resolution to ITEM 4
MOTION
advocate for these changes.
7. Investment Report for the Month Ending February 29, 2024 Recommended Action: Receive the Investment Report for the month ending February 29, 2024.
8. Townsend Public Affairs Inc. Grant Writing Services Report Recommended Action: Receive and flle a grant writing services report provided by consultant Townsend Public Affairs.
ORDINANCES AND PUBLIC HEARINGS
Ordinance No. 516 to Amend Malibu Municipal Code 2.04.030 and Modify the Official Holidays ofthe City of Malibu
Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 516 amending Malibu Municipal Code Section 2.04.030 regarding City holidays to include Juneteenth as a City holiday and instituting a Winter Closure and amending the definition of holiday in Malibu Municipal Code Section 8.24.030; 2) Direct Staff to schedule second reading and adoption of Ordinance No. 516 for the March 25, 2025 City Council meeting; and 3) Adopt Resolution No. 24-13 amending Personnel System Rules Section 15.1 of Resolution No. l5-08.
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 and directed questions to staff.
Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to: 1) introduce on first reading Ordinance N0. 516 amending Malibu Municipal Code Section 2.04.030 regarding City holidays to include Juneteenth as a City holiday and instituting a Winter Closure and amending the definition of holiday in Malibu Municipal Code Section 8.24.030; 2) direct Staff to schedule second reading and adoption of Ordinance No. 516 for the March 25, 2025 City Council MOTION
ITEM 5
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Minutes of March 25, 2024
meeting; and 3) adopt Resolution No. 24-13 amending Personnel System Rules Section l5.l of Resolution No. 15-08. The motion carried unanimously.
Amendment to Malibu Municipal Code Chapters 15.40, 15.42, and 15.44 To Requires Additional OWTS Requirements for Home Occupation Uses that Place Additional Strain on the OWTS
Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 517 determining the project is categorically exempt from the Califomia Environmental Quality Act and amending Chapters 15.40, 15.42 and 15.44 of the Malibu Municipal Code (MMC); and 2) Direct staff to schedule second reading and adoption of Ordinance No. 5 17 for the April 8, 2024 City Council meeting.
This item was continued upon approval of the agenda.
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. 24-12, adopting the updated developer fee and fire station plan for the benefit of the Consolidated Fire Protection District of Los Angeles County (District) and rescinding Resolution No. 23-12.
Environmental Sustainability Director Bundy 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 directed questions to staff.
Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to adopt Resolution No. 24-12, adopting the updated developer fee and fire station plan for the benefit of the Consolidated Fire Protection District of Los Angeles County (District) and rescinding Resolution No. 23-12. The motion carried unanimously.
Appeal No. 23-004 - Appeal ofPlanning Commission Resolution No. 23-24 (22959 Pacific Coast Highway; Appellant: Malibu Township Council; Applicant: Burdge and Associates Architects, Inc; Property Owner: Surfrider Plaza, LLC) Recommended Action: Continue the item to the May l3, 2024 Regular City Council meeting.
This item was continued upon approval of the agenda.
OLD BUSINESS
None.
Malibu City Council
Minutes of March 25, 2024
ITEM 6 NEW BUSINESS
None.
ITEM 7 COUNCIL ITEMS
A. Council Appointment to the Parks and Recreation Commission Recommended Action: Councilmember Riggins may make a new appointment to the Parks and Recreation Commission.
City Clerk Pettij ohn 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.
Councilmember Riggins thanked Cayley Jenner for her service and appointed Jake Lingo to the Parks and Recreation Commission.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 8:06 p.m.
by the City Council of the
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