City Council adopts citywide policy interpreting the use of pesticides

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City Manager Steve McClary provided a statement in regards to city’s removal of beach access sign at Lechuza Beach 

To start off the City Council meeting on Monday night, Community Services Director Kristin Riesgo provided an update on the department’s accomplishments and acknowledged the staff who organize events and programs.

During public comment, Mountains Recreation & Conservation Authority (MRCA) Coastal Planner Mario Sandoval shared a video of MRCA accusing the City of Malibu of removing the coastal beach access signage at Lechuza Beach. He wanted to show the video to individuals who do not have social media.

City Manager Steve McClary responded to the public comment and said they hope to work with MRCA in obtaining a permit. 

The Malibu/Lost Hills Sheriff’s Sgt. Chris Soderlund provided an update on the recent Fourth of July events on traffic and accidents. Soderlund said they rescued an animal who was trapped in the vehicle with no food and water. 

Soderlund said the dog was taken to a nearby animal shelter. Deputies arrested the owner for animal cruelty and for being under the influence.

Soderlund said there were no issues during the holiday weekend but said the Nobu restaurant held an event with an estimated 700 people.

“They did not inform us; we have a meeting scheduled with them next week to reiterate the communication that needs to happen between them and us, and hopefully this won’t happen again,” Soderlund said. 

Mayor Bruce Silverstein asked if they requested a permit for the amount of guests, and if they’re going to take action on the item.

Soderlund said many guests had private transportation to the event.

“There were party buses, limousines, and private coaches and what they did, because there wasn’t any parking for them, they basically took over the center medium of PCH and left their vehicles there,” Soderlund said. “There were dozens and dozens of vehicles.”

The council hopes the planning department will address the issue. 

“That’s a major violation of their CUP (Conditional Used Permit),” Interim City Attorney Trevor Rusin said. 

Councilmember Marianne Riggins asked if there were any fireworks calls on the Fourth of July week.

“We are looking into doing a firework suppression detail next year so that we can target people who like fireworks,” Soderlund said. “There’ll be some hefty fines if they are caught with that.”

The council addressed AB 361, findings to hold virtual City Council, commission, committee, board, and other city bodies and said the council is still making AB 361 findings due to the ongoing pandemic. City Clerk Kelsey Pettijohn said the state emergency also allows programs such as the outdoor dining ordinance, “which seemed appropriate for the summer,” Pettijohn said. 

Planning Director Richard Mollica said once the state emergency is removed, staff is prepared to contact all of those restaurants and provide them with information on either removal or how to apply and keep what they have if they choose to go that route. 

Council extended AB 361, but Silverstein said they need to decide on a solution before 60 days. 

“I would suggest everyone to take seriously what we need to be deciding between now and 60 days from now,” Silverstein said. 

The council approved the LCP Local Implementation Plan to implement Land Use Policy 3.18 regarding the use of pesticides, including insecticides, herbicides, and rodenticides, citywide. 

Since 2014, the city has strived to eliminate environmentally harmful poisons from within city limits and has taken numerous measures to restrict their use. In 2019, the city approved an Earth Friendly Management Policy, which governs pest management on city-owned, managed or leased property and bans the use of rodenticides on city property and prohibits their use in connection with any contract with the city. On June 28, 2021, the council adopted Resolution No. 21-32, adopting the California Coastal Commission’s (CCC) modifications to LUP Policy 3.18 on May 13, 2021, that included limitations on the use of pesticides throughout the city (CCC LCP-4-MAL- 19-0164-3) and Resolution No. 21-33 initiating an amendment of the LIP to implement LUP Policy 3.18. On Sept. 8, 2021, the CCC certified LUP Policy 3.18 and formally incorporated the policy as part of the city’s LCP. 

The council received an update regarding the local coastal program amendment no. 21-002 (Malibu Middle and High School Campus Specific Plan) and reviewed the California Coastal Commission’s (CCC’s) staff request for a one-year time extension to act on the MMHS Campus Specific Plan Local Coastal Program Amendment (LCPA) (LCPA No. 

At the June 26 regular City Council meeting, the city manager proposed to bring an item to the next meeting for the council to consider whether to direct city staff to submit a letter to the CCC opposing the one-year extension and to urge CCC to take immediate action on the MMHS Campus Specific Plan LCPA.

Silverstein motioned to adopt the interpretation. Motion carried. 

The council addressed the MMHS Campus Specific Plan (Specific Plan), which is expected to be implemented in four phases over the next 10 to 15 years. 

On Dec. 21, 2021, the Santa Monica-Malibu Unified School District (SM-MUSD) submitted the LCPA to establish a specific plan and a separate coastal development permit (CDP) application for Phase 1 of the campus plan, which includes the construction of a new two-story high school building, a lot merger, new parking areas, Environmental Sensitive Habitat Area (ESHA) restoration, and associated development.

The CDP application for Phase 1 is mostly complete, but is on hold for consideration by the Planning Commission until the pending LCPA is certified, which would allow Phase 1 to be processed in compliance with the unique development standards in the Specific Plan. Development in Phase 1 will be funded by a general obligation bond, which was passed in November 2018. According to the SM-MUSD, the CCC one-year extension will result in a significant construction cost increase that has the potential to render the project financially infeasible without another general obligation bond.

Council motioned to approve the letter opposing the CCC from granting a one-year time extension to act on the LCPA request. To view the letter visit malibucity.org.

The council approved the increase in the city manager’s salary from $235,000 to $260,000 (an increase of approximately 10.6 percent) and an increase in their monthly car allowance from $400 to $625.

“Steve came into a very difficult situation: He filled a void during the pandemic, post-Woolsey Fire and did a great job of keeping the lights on, keeping the trains running, during that period, when that’s exactly what we needed,” Silverstein said. “Now the challenge is going to be to move the city forward, as opposed to simply keeping the city moving, and we’re hopeful and optimistic that that is going to occur, as time goes by.”

There will be no meeting July 24, as the council will be on recess, so the next meeting is on Aug. 14 at the Council Chambers.