MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
APRIL 8, 2024
COUNCIL CHAMBERS
6:30 P.M.
MEETING CALL TO ORDER
Mayor Uhring called the meeting t0 order at 6:30 pm.
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, and Marianne Riggins.
ABSENT: Councilmember Bruce Silverstein.
ALSO PRESENT: Kellan Martz, Deputy 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 Duefias, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis; Media Technician; and Christina Munoz, Deputy City Clerk
PLEDGE OF ALLEGIANCE
Don Schmitz led the Pledge ofAllegiance.
REPORT ON POSTING OF AGENDA
Deputy City Clerk Munoz reported that the agenda for the meeting was properly posted on March 29, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Stewart moved, and Councilmember Riggins seconded a motion to approve the agenda.
SUBSTITUE MOTION
Mayor Uhring moved to approve the agenda, hearing Item No. 6.B. after the consent calendar.
The Council discussed the amendment.
Councilmember Grisanti seconded the substitute motion.
The substitute motion carried 4—0, Councilmember Silverstein absent.
ITEM l
ITEM 2.A.
ITEM 2.B.
Malibu City Council
Minutes ofApril 8, 2024
CEREMONIAL/PRESENTATIONS
Presentation 0n California State Parks Fire Defense Program Richard Fink, California State Parks, presented on the Fire Defense Program for State owned facilities that are within the City of Malibu and any facilities near the City ofMalibu boundaries.
Mayor Pro Tem Stewart inquired if the district the City of Malibu is located in receives the most amount of visitors.
Councilmember Riggins thanked the presenter and made a request to the City Manger to post the information on the City Website.
Mayor Uhring thanked the presenter.
PUBLIC COMMENTS
Chris Deleau applauded the launch of the City’s new development portal and discussed the process ofdevelopment appeals. He described the long appeal times, that can approach approximately 280 days. He is requesting the backlog for appeals be addressed by holding additional meetings.
Don Schmitz commended stafffor their work on the Malibu Jewish Center proj ect.
He explained Planning Director Mollica, Deputy Planning Director Fernandez, Contract Geotechnical Engineer Doyle, and Environmental Sustainability Director Bundy were exceptional in this process. He stated he was impressed by the work from all of the City Departments. He wanted to ensure they receive recognition.
Norm Haynie commended Planning Director Mollica. Deputy Planning Director Fernandez, and Environmental Sustainability Director Bundy for all their work. He also spoke on retention ofPlanning Staffand suggested higher salaries for Planning Staff. He also spoke about raising the cost ofdevelopment fees to assist with higher salaries for development staff.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Scott Dittrich thanked the City Council for their hours of service. He spoke on concerns over the accidents taking place on Pacific Coast Highway (PCH) and all the road closures on PCH. He expressed the concern over Caltrans inability to manage PCH and decide on how to remedy the issues. He stated the traffic and road closures are causing people to move out ofthe City and into other areas with better traffic. He expressed a desire for the City to take an official position on how to manage the ongoing issues on PCH.
Malibu City Council
Minutes ofApril 8, 2024
City Manager McClary thanked Superintendent Fink for their presentation and thanked Don Schmitz for their comments regarding staff. He addressed Norm Haynie’s comment, expressing the Classification and Compensation study will address some ofhis concerns.
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 gradually shifting. He stated after the weekend rains Caltrans will be assessing the condition of the Canyon. He stated Caltrans will be installing a temporary traffic signal at Tuna Canyon Road and Pacific Coast Highway (PCH). He stated much ofthe debris at Big Rock had settled and Caltrans planned to conduct an inspection. He stated construction of the rock fence at Coral Canyon and Latigo Canyon will be completed next week” ending any road closures at that location. He stated that the signal synchronization project was underway at Big Rock and Las Flores, with a lane closure at Moonshadows and La Costa and crews would implement alternative traffic control when feasible. He stated the enforcement statistics for March from the Sheriff’s Department and California Highway Patrol (CHP) wrote 321 citations with 80 percent ofthem for speeding. He stated for the year they have issued a total of 864 citations with 86% ofthem for speeding. He stated the CHP Special Task Force conducted a special event that resulted in 42 citations: 16 for distracted driving and 15 for speeding. He stated that a delegation representing the City would speak to the Senate Transportation Committee in Sacramento on Senate Bill (SB) 1297, the bill to allow speed cameras on PCH. He stated April was Earth month and the City will be hosting events related to recycling, waste reduction, water conservation, and energy conservation. He stated the City Council Policy Review Ad Hoc Committee had meetings and had worked on a draft code of ethics that would be brought to the City Council in the future. He stated the Library Subcommittee had a meeting and would bring their recommendations for Library funding for Fiscal Year (FY) 24—25 draft to City Council.
Mayor Pro Tem Stewart requested the City Manager address Chris Deleau’s concerns over the appeal backlog. City Manager Mclary stated staffwould research solutions by meeting with staffand Councilmembers.
Mayor Uhring stated Sergeant Chris Soderlund, Los Angeles County Sheriff Department, was on the cover of the Malibu Times celebrating his one-year anniversary ofservice with the City ofMalibu.
Sergeant Soderlund thanked the City Council and then provided the Crime Statics for March 2024. He stated to date this calendar year there have been 99 crimes, a three-percent increase from last year. He stated the crimes varied from assault to burglaries. He stated in the month of March 552 citations were issued, most frequently cited was unsafe speed and there were 29 collisions. He stated there were two fatalities involving vehicles; a 32-year-old male transient committed suicide by stepping in front of a semi-truck heading southbound on PCH. The second fatality was a vehicle went over Malibu Canyon, and the 61-year—old female was pronounced deceased on the scene, the matter is still under investigation. He stated ITEM 2.C.
Malibu City Council
Minutes ofApril 8, 2024
the Malibu special assignment deputies made a total 0f ll arrests for: reckless driving, possession of nitrous oxide, felony vandalism. He stated the suspect who chased and harassed the Pepperdine cross country team was arrested. He stated the overnight car made a total of 22 arrests, flve for felony arrests and 17 were misdemeanor arrests. He stated on April 4, 2024, three vehicles on PCH were driving at a high rate of speed of 104 miles per hour. He stated all three vehicles were impounded for 3O days. and the suspects were arrested.
A Member of the public asked to compare last year speed citations and this year‘s speed citations.
Sergeant Soderlund stated he would return with that information.
The City Council thanked him for his service.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Riggins thanked stafffor the Chumash Day event and thanked the speakers for their compliments to staff. She stated it is incumbent upon applicants of projects to submit compliant projects. She explained that the City has the Malibu Municipal Code (MMC) and Local Costal Program (LCP) that must be adhered to.
She stated she attended the Library Subcommittee meeting and a Clean Power Alliance (CPA) Board meeting. She explained there is a potential dip in rates from CPA and a potential increase from Southern California Edison (SCE). She stated more information can be found on the CPA website. She stated she attended a local cities event in Downtown Los Angeles with Los Angeles County (LA County) Department Heads. She explained the Fire Department is anticipating replacing outdated vehicles and other infrastructure through a possible ballot measure. She stated attended a School District Separation meeting and there will be a special meeting on April 10, 2024 and another event on Saturday related to school separation. She stated the next library speaker series event will be held on April 1 1. 2024.
Councilmember Grisanti state he also attended School District Separation meetings and reminded the public ofthe April 10. 2024 special meeting workshop to discuss the revenue sharing agreement, which is necessary before moving onto the operation agreement and the Joint Powers agreement. He stated he attended a meeting with neighborhood group Rosie Dagget in the Las Tunas Beach area. He stated he attended the Chumash Day event. He stated he attended a Malibu Road Homeowners Association (HOA) meeting with Mayor Pro Tem Stewart and expressed the willingness to meet with any other HOA groups to address any questions or concerns.
Mayor Pro Tem Stewart stated he attended the meeting with Malibu Road HOA and stated he found the interaction informative and helpful. He also addressed the concerns regarding the backlog of appeals. stating that he encourages residents to settle privately as much as possible. He indicated agreement with City Manager ITEM 3
MOTION
Malibu City Council
Minutes ofApril 8, 2024
McClary that research must be conducted t0 find a solution. He expressed concern with all ofthe road work on PCH and requested staff find any solutions to shorten any closures on PCH. He stated he attended a City Council Policy Review Ad Hoc Committee meeting, and a draft Code of Conduct would be brought forward to the City Council. He stated he attended a Property Insurance Workshop Townhall with Los Angeles County and Assemblymember Jacqui Irwin. He expressed he was pleased with the Chumash Day event and thanked City staff and the community. He stated he will be part ofthe City delegation in support of SB 1297. He thanked Assembly Irwin for her work on the bill and Deputy City Manager Brown for oversight on the PCH safety project.
Mayor Uhring discussed the significance of California Strategies and their efforts on representing the City in Sacramento to the Transportation Committee regarding SB 1297 and thanked Deputy City Manger Brown as well for her efforts for PCH safety. He stated the Chumash Day event was a success and thanked Community Services Director Riesgo for her work on the event. He stated Malibu had a birthday on March 28, 2024 for its 33rd year as a city. He indicated agreement with Councilmember Riggins about the significance of the April 10, 2024 School District Separation Workshop. He addressed the comments regarding appeals and stated approvals are difficult when limits are pushed.
CONSENT CALENDAR
Item No. 3.B.8. was pulled by the Council.
Councilmember Grisanti moved, and Mayor Pro Tem Stewart seconded a motion to approve the Consent Calendar, pulling Item No. 3.B.8. The motion carried 4-0, Councilmember Silverstein absent.
The Consent Calendar consisted ofthe following items:
A. Previously Discussed Items
l. Second Reading and Adoption ofOrdinance No. 516
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 516 amending Malibu Municipal Code Section 2.04.030(b) 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.
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 71927-72084 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 Malibu City Council
Minutes ofApril 8, 2024
Register N0. 744 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,599t64l.63. City of Malibu payroll check number 5419—5421 and ACH deposits were issued in the amount of $407,688.57. Approval of Minutes Recommended Action: Approve the minutes for the January 8, 2024 Malibu City Council Regular meeting, January l7, 2024 Malibu City Council Special meeting, January 22, 2024 Malibu City Council Special meeting, January 22, 2024 Malibu City Council Regular meeting, February l2, 2024 Malibu City Council Special meeting, and February 12, 2024 Malibu City Council Regular meeting.
Professional Services Agreement with Managed Career Solutions Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers for erosion remediation and mitigation work and trail clearance at Charmlee Wilderness Park.
Amendment to Professional Services Agreement with The People Concern for 3-Year Extension
Recommended Action: Authorize the Mayor to execute Amendment No. l to the Professional Services Agreement with The People Concern for a 3- year extension.
Zuma Foundation Inc. Insurance
Recommended Action: Approve the revised insurance requirements as part of the Road Race Agreement with Zuma Foundation Inc.
Amendment to Professional Services Agreement with Rincon Consultants, Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. l to Agreement with Rincon Consultants, Inc. to increase the compensation by $125,902 to complete the processing ofthe 202 l ~2029 Housing Element Update.
First Amendment to Professional Services Agreement with Konica Minolta for certain digitizing the City‘s Human Resource’s records Recommended Action: Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Konica Minolta.
The following items were pulled from the consent calendar for individual consideration:
8. Annual Progress Report Regarding the Implementation of the City‘s Housing Element
Recommended Action: Approve the 2023 Annual Housing Element Progress Report.
Planning Director Mollica presented the staffreport.
MOTION
ITEM 6
MOTION
ITEM 4
ITEM 5
Malibu City Council
Minutes ofApril 8, 2024
Pag€ 7 0f 8
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.
Councilmember Riggins moved. and Mayor Pro Tem Stewart seconded a motion to approve the 2023 Annual Housing Element Progress Report. The motion carried 4-0, Councilmember Silverstein absent.
NEW BUSINESS
City Comment Letter for Draft Environmental Impact Report for the Topanga Lagoon Restoration Proiect Recommended Action: Review and provide comments on a draft comment letter on the Draft Environmental Impact Report for the Topanga Lagoon Restoration Project.
Planning Director Mollica presented the staff report.
Mayor Uhring opened the floor to public comment.
Speakers: Lloyd Ahern (Bobby deferred time to Mr. Ahern). Larry Weiner (Chris Griffiths deferred time to Mr. Weiner). Scott Dittrich (Norm Haynie deferred time to Mr. Dittrich) and Danielle Lafur As there were no other speakers present. Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item.
Mayor Pro Tem Stewart moved. and Councilmember Riggins seconded a motion to approve the comment letter on the Draft Environmental Impact Report for the Topanga Lagoon Restoration Project approved as to form by the City Attorney to include comments submitted by the law firm Richards, Watson, and Gershon. The motion carried 4-0, Councilmember Silverstein absent.
ORDINANCES AND PUBLIC HEARINGS
None.
OLD BUSINESS
None.
Malibu City Council
Minutes ofApril 8. 2024
ITEM 6 NEW BUSINESS
A. Classification and Total Compensation Study Results
Recommended Action: l) Receive and tile Classification and Compensation Study Reports; 2) Authorize the Mayor to execute Amendment No. l to the Professional Services Agreement with Koff & Associates, a Gallagher company. to extend the term to May 31, 2024.
Assistant City Manager Toney presented the staffreport.
Mayor Uhring opened the tloor to public comment. As there were no speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item.
MOTION Mayor Pro Tem Stewart moved‘ and Councilmember Grisanti seconded a motion to authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Koff & Associates, a Gallagher company, to extend the term to May 31, 2024.The question was called, and the motion carried with a 4-0 vote, Councilmember Silverstein absent.
ITEM 7 COUNCIL ITEMS
None.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 8:49 p.m.
Approve and ado p by the City Council of the
ST E UHRING, Mayor
AEST:
KELSEY ’iT'l'lJ HN, City Clerk
TT