MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
APRIL 22, 2024
COUNCIL CHAMBERS
6:30 P.M.
MEETING CALL TO ORDER
Mayor Uhring callsd the meeting to order at 5:30 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart (arrived at 6:00 p.m.); 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 5:31 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8
1. PrOperty Known as The Malibu Lumber Yard (3939 Cross Creek Road APN 4458-020-903)
City Negotiator: City Manager Steve McClary or his Designee.
Under Negotiation: Price and Terms
REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:38 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 Attomey; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; f“:
Malibu City Council
Minutes of April 22, 2024
Richard Mollica, Planning Director; Susan Duenas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Jason Lawrence, Deputy City Clerk; Andre Ketchedjian, Senior Civil Engineer; Isabel Scheibelhut, Administrative Assistant; Tyler Eaton, Senior Planner; and Brandie Ayala, Administrative Analyst
PLEDGE OF ALLEGIANCE
Terri Davis led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attomey 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 54956.8, with Mayor Uhring and Councilmembers Grisanti, Riggins, and Silverstein present; and Mayor Pro Tem Stewart arrived at 6:00 p.m. 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 April 12, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda. The motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of City Tile to Parker Davis for Seven Years of Service to the City of Malibu
Mayor Uhring presented the City Tile to Media Technician Davis.
Media Technician Davis thanked the Council for the recognition.
B. Proclamation Declaring April 2] -27, 2024 National Volunteer Week Mayor Uhring and Public Safety Director Duenas presented the proclamation to members of the Community Emergency Response Team (CERT), Arson Watch, and Volunteers on Patrol (VOP).
C. Presentation on the Citv of Malibu’s New Development Application Portal Environmental Susatianability Director Bundy and (Planning Director Mollica Ls presented on the new development application submittal and tracking portal available through the City’s website. :mwr
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Minutes of April 22, 2024
The Council thanked staff for the presentation and their work on the portal.
PUBLIC COMMENTS
Kay Gabbard congratulated Media Technician Davis. She discussed the death of Russell McMonigle on Zuma Beach. She discussed the People Concem’s homeless outreach workers who assisted Mr. McMonigle and thanked everyone who supported individuals experiencing homelessness in the City.
Brennan Lindner stated the Zuma Foundation Triathlon had not opened registration for the 2024 triathlon and expressed concern about its operations. He stated Super League Triathlon remained committed to the Malibu Triathlon and raising funds for Childrens Hospital Los Angeles and Malibu based non-profits. He stated Super League was interested in holding the triathlon in 2025’if the Zuma Foundation did not hold the event in 2024.
Tim Pera, Mountains Recreation and Conservation Authority (MRCA) Ranger, provided a Ranger activity report for the last month. He stated 243 citations were issued for parking violations. He stated extended patrols were scheduled for public safety and illegal parking issues and no service calls were generated. He stated two new rangers were hired for the coastal region. He thanked Public Safety Liaison Flores for informing MRCA of the illegal wooden structure near 25499 Pacific Coast Highway (PCH). He stated patrols were implemented at Malibu Bluffs and beach access areas due to possible encampments. He stated two citations were issued for possession of alcohol at Lechuza Beach and two citations were issued for dogs off-leash at Escondido Trail.
ITEM 2.A.
Julie Blunden discussed Cavalleri Road and the blind left turn onto PCH. She requested the City help in conversations with Caltrans about mitigation.
Norm Haynie thanked the Council for its work on PCH safety. He thanked Mayor Pro Tem Stewart and City Manager McClary for their efforts in Sacramento to push for speed cameras and other safety mechanisms on PCH.
Scott Dittrich discussed the Sheriff’s Department Beach Team and stated the City should not need to pay for the Sheriff‘s Department to patrol the County’s beach.
He asked about the permit status of the communication tower at Santa Monica College (SMC) Malibu Campus.
Kai Kater, Amir Rosenbaum, and Roman Bastechad were not present at the time of the hearing.
Jo Drummond congratulated Media Technician Davis. She thanked the community’s volunteers for their service. She announced an art show on April 24, 2024 at Malibu High School (MHS), the Mean Girls musical at MHS, and a screening of 2] Miles in Malibu. She stated the permit for her deck had been 3".»
ITEM 2.B.
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Minutes of April 22, 2024
approved.
Harold requested the City adopt a resolution to become a second amendment sanctuary city.
Andy Lyon questioned if 600 Spring LLC had paid the $150,000 required in the settlement agreement. He questioned how the City Attorney was able to clarify a motion with a Councilmember after the meeting where the motion was made. He stated 600 Spring LLC was expanding beyond its rental space on the City’s property.
Judy Stroyer was not present at the time of the hearing.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
City Manager McClary stated Public Works Director DuBoux had reached out to Ms. Blunden about the left tum at Cavalleri Road. He stated the Califomia Highway Patrol (CHP) Malibu Taskforce has issued 199 citations, 180 for speeding and 19 for other factors. He stated the California Office of Traffic Safety had secured 31 digital billboards in Southern California to encourage the public to drive slowly on PCH. He stated Caltrans announced TOpanga Canyon would be closed through Fall 2024. He stated City representatives went to Sacramento to support traffic safety bills, SB 1297and SB 1509. He announced the State of the City on May 10, 2024 at the SMC—Malibu Campus. He announced the launch of the community outreach proj ect for the use of the City’s vacant land.
Community Services Director Riesgo discussed the Bluff’s Park Sidewalk Repair Project and stated the work was estimated to be complete in four weeks.
Planning Director Mollica stated SMC had applied for a Conditional Use Permit (CUP) and a variance for height for the communications tower. He stated the application had been reviewed by the City’s wireless consultant and would be scheduled for a publicly noticed Planning Commission hearing.
In response to Mayor Pro Tem Stewart, Planning Director Mollica stated SMC had agreed to repaint the tower a more natural color.
City Manager McClary stated the City had filed a petition for review of final agency action related to the new flight paths at LAX.
In response to Councilmember Riggins, Community Services Director Riesgo stated staff met with the City’s skatepark design consultants and they were finalizing materials for the plan check process. She stated the Parks and Recreation Commission had discussed ideas for fundraising.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, discussed an incident where an individual experiencing homelessness broke into a house and was ITEM 2.C.
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Minutes of April 22, 2024
arrested. He discussed the death of Mr. McMonigle due to a medical emergency.
He discussed a burglary on Malibu Road on April l l, 2024 that involved the theft of a car. He encouraged the public to lock their doors and their cars. He discussed an incident on April 12, 2024, where an intoxicated individual rammed a gate, a Tesla, and a fence before the car was disabled. He discussed a DUI arrest on PCH near Carbon Canyon on April l9, 2024. He discussed a traffic enforcement saturation procedure on April l9, 2024. He reported 4] citations were issued, 21 for speed, and two arrested for reckless driving, during the exercise. He reported on 2024 crime statistics and stated 16 people had been arrested for reckless driving, and 24 arrested for DUI. He stated Sheriff Department staffwould be at MHS each day next week to host safe driving educations activities. He discussed Deputy Alfredo Flores’s death due to injuries sustained from an explosion while qualifying at a mobile gun range. He discussed the shooting of a Century Station motorcycle officer on the freeway near West Covina and reported that his bullet proof vest saved his life.
In response to Councilmember Silverstein, Sergeant Soderlund stated most individuals arrested for reckless driving had not yet injured or killed anyone so they would not be charged with murder. He stated there were mitigating factors that lead to the charges in the crash that killed the four Pepperdine students.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended one of the development application portal presentations. He stated he attended two Malibu-Las Virgenes Council of Governments (COG) meetings, including one at the location of the new wildlife undercrossing.
Mayor Uhring addressed Mr. and Ms. Blunden and stated he would be in touch with them.
Councilmember Grisanti stated he attended the League of California Cities City Leaders Summit in Sacramento with Councilmember Riggins and she met with Assemblymember Jacqui Irwin. He stated he attended the public outreach meeting for the proposed school district separation revenue sharing agreement.
Councilmember Riggins stated she attended the League of Califomia Cities City Leaders Summit in Sacramento and met with Assemblymember Jacqui Irwin and Senator Ben Allen. She stated she attended the Rosanna Xia Library Speaker Series event. She thanked Ms. Gabbard for reminding people about the humanity of individuals experiencing homelessness. She stated the City’s Budget Workshop would be held Wednesday night and the Beach Team budget could be discussed at that meeting. She stated she attended the public outreach meeting for the proposed school district separation revenue sharing agreement.
In response to Councilmember Riggins, Ranger Pera stated the two new rangers would cover the coastal area and the Mullholland corridor. He stated staffing was Malibu City Council
Minutes of April 22, 2024
l increased on weekends when more visitors were expected. He stated maintenance personnel were working in the field everyday to clear trash. He stated there was higher staffing at the Escondido Trail on the weekends.
Councilmember Riggins thanked Planning and Environmental Sustainability staff for their work on the development application portal.
Councilmember Silverstein thanked speakers and those who submitted written comments. He stated he attended an Administration and Finance Subcommittee meeting to discuss the fee schedule. He stated he attended a meeting with Councilmember Grisanti, City Manager McClary, and Supervisor Horvath’s staff to discuss Camp Kilpatrick. He stated he attended part of the public outreach meeting for the proposed school district separation revenue sharing agreement, but there was very little public turnout. He stated he attended a meeting with Mayor Uhring at Pepperdine to discuss how to improve safety on Malibu Roads. He discussed a reckless driving incident he witnessed from a Pepperdine student. He stated he listened to the Supreme Court arguments for the Grants Pass v. Johnson case and discussed the case.
Mayor Pro Tem Stewart stated he went to Sacramento to speak to the Transportation Committee. He thanked Senator Ben Allen, the City’s lobbyist California Strategies, public speakers, City Manager McClary, Deputy City Manager Brown, and Pepperdine’s lobbyist for their work supporting speed camera bill. He stated the bill passed out of committee with a 14-1 vote. He stated the bill still had to go through the State Assembly and it would be challenging. He stated he attended an Administration and Finance Subcommittee meeting to discuss the fee schedule. He stated he attended the public outreach meeting for the proposed school district separation revenue sharing agreement. He stated he attended the COG meeting at the wildlife crossing and a COG meeting at City Hall to discuss homelessness with Supervisor Horvath. He discussed insurance companies not renewing home insurance policies and expressed concern that individuals who were uninsured or underinsured in a fire would feel that they had to defend their home from the fire. He discussed the evacuation challenges for Topanga residents while Topanga was closed at PCH for several months. He discussed The Malibu Times article reporting that Congressman Brad Sherman was including funding in the federal budget for MRCA to purchase property in the City of Malibu. He stated the City of Malibu was very interested in purchasing land for parks.
CONSENSUS
By consensus, the Council directed staff to bring back an item to consider sending a letter to Congressman Brad Sherman regarding the purchase of land for parks.
Mayor Pro Tem Stewart stated the Council’s goal was to get a skatepark built and stated Mr. Lyon’s comments were not accurate.
L“) Mayor Uhring stated he met with Nichole Taylor from Pepperdine to discuss what can be done about speeding on PCH. He discussed Pepperdine’s disciplinary F.
ITEM 3
MOTION
Malibu City Council
Minutes of April 22, 2024
process for students who violated the law. He stated he attended an Environmental Sustainability Subcommittee meeting and commended the Environmental Susatianability stafffor their work. He stated he briefly the public outreach meeting for the proposed school district separation revenue sharing agreement. He encouraged the public to watch the revenue sharing presentation on YouTube. He stated he had heard concerns from the public that the vacant land survey was requesting too much personal information and recommended the consultant add a disclaimer that the information will not be used beyond the City’s survey. He discussed the City of Lancaster’s lawsuit against the Los Angeles County Sheriff s Department.
In response to Mayor Uhring, City Manager McClary stated the city was monitoring the lawsuit. He explained that the City of Lancaster was contending that they were not receiving the exact services they were paying for.
CONSENT CALENDAR
Item Nos. 3.B.4. were pulled by the public.
Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to approve the Consent Calendar, pulling ltem No. 3.B.4. 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 72085-72213 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. 745 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 2,508,728.02. City of Malibu payroll check number 5464-5466 and ACH deposits were issued in the amount of $ 549,083.20.
3. Approval of Minutes
Recommended Action: Approve the minutes for the February 14, 2024 Malibu City Council Special meeting, February 22, 2024 Malibu City Council Special meeting, February 26, 2024 Malibu City Council Regular meeting.
5. Acceptance of Westward Beach Road Shoulder Repair Proiect Recommended Action: 1) Accept the work performed by J & H Engineering General Contractors, Inc. for the Westward Beach Road FW%.W
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Minutes of April 22, 2024
Shoulder Repair Project, Specification No. 2070 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
City-County Municipal Services Agreement with the County of Los Angeles Animal Care and Control Department
Recommended Action: Authorize the City Manager to execute the CityCounty Municipal Services Agreement between the County of Los Angeles Department of Animal Care and Control and City of Malibu, for the period of July 1, 2024, through June 30, 2029 Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway Recommended Action: Adopt Resolution No. 24-17 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on Pacific Coast Highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with Pacific Coast Highway in the City.
Housing Element Code Amendments
Recommended Action: l) Adopt Resolution No. 24-16 initiating amendments to the Malibu Municipal Code (MMC) Title 17 (Zoning) and the Local Coastal Program to bring them into compliance with State Housing law and finding the action exempt from the California Environmental Quality Act; 2) Direct the Planning Commission to schedule a public hearing; and 3) Authorize the Mayor to execute a professional services agreement with Capstone City Planning in the amount of $101 ,880 to prepare and process code amendments associated with the 2021-2029 (6th Cycle) Housing Element.
The following items were pulled from the consent calendar for individual consideration:
4. Floodplain Variance — 19750 Pacific Coast Highway
Recommended Action: Adopt Resolution No. 24-11 granting a variance from the floodplain coastal high hazard requirements for the construction of a bulkhead within a coastal floodplain at 19750 Pacific Coast Highway.
Public Works Director DuBoux presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the fioor to public comment.
Speakers: 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.
MOTION
Malibu City Council
Minutes of April 22, 2024
Councilmember Silverstein moved, and Mayor Uhring seconded a motion to: 1) adopt Resolution No. 24-1 l, as amended to be effective 30 days after adoption, granting a variance from the floodplain coastal high hazard requirements for the construction of a bulkhead within a coastal floodplain at 19750 Pacific Coast Highway; and 2) provide notice to affected radius properties and bring the item back to Council if any objections were received within 30 days.
The Council discussed the item and directed questions to staff.
SUBSTUTITUE MOTION
fI, _ ITEM 4
MOTION
Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 24—11 granting a variance from the floodplain coastal high hazard requirements for the construction of a bulkhead within a coastal floodplain at 19750 Pacific Coast Highway.
Councilmember Silverstein withdrew his motion.
The question was called, and the motion carried 3-2, Councilmember Silverstein and Mayor Uhring opposed.
ORDINANCES AND PUBLIC HEARINGS
2024 Wastewater and Recycled Water Rate Studv and Proposed Rates Recommended Action: 1) Conduct a public hearing to receive public testimony and consider all protests conceming the adoption of the wastewater and recycled water rates; 2) Unless written protests from a majority of affected parcels are received, adopt Resolution No. 24-1 5 establishing the wastewater and recycled water service charges for Fiscal Years 2024-2025, 2025—2026, 2026—2027, and 2027—2028.
Administrative Analyst Ayala presented the staff report.
Mayor Uhring opened the floor to public comment.
Speakers: Norm Haynie
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 Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 24-15 establishing the wastewater and recycled water service charges for Fiscal Years 2024-2025, 2025-2026, 2026-2027, and 2027- 2028. The motion carried unanimously.
None.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 9:47 p.m.
ted by the City Council of the
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Minutes of April 22, 2024
RECESS At 8:36 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 8:45 p.m. with all Councilmembers present.
ITEM 5 OLD BUSINESS
None.
ITEM 6 NEW BUSINESS
A. Formula Retail Clearance Process
Recommended Action: Receive a presentation from the Planning Department describing the Formula Retail Clearance process established by Ordinance No. 43 1.
Planning Director Mollica and Contract Planner Joseph Smith 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 flled the report.
ITEM 7 COUNCIL ITEMS