MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
MARCH 27, 2023
COUNCIL CHAMBERS
6:30 P.M.
The following meeting was held pursuant to AB 361 and fully teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.
MEETING CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:02 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
PUBLIC COMMENT ON CLOSED SESSION
Mayor Silverstein opened the floor to public comment.
Speakers: None
RECESS TO CLOSED SESSION
At 6:02 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with Real Property Negotiators - Pursuant to Government Code Section 54956.8
1. Property: 6100 Via Escondido Drive, Malibu, CA
APN 4460-003-015
APN 4460-014-006
Agency Negotiator: Interim City Attorney Rusin
Negotiating Parties: Via Escondido Holdings LLC
Under Negotiation: Price and terms of payment
REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:41 p.m.
ROLL CALL
The following persons were recorded in attendance via teleconference by the Recording Secretary:
Malibu City Council
Minutes of March 27, 2023
PRESENT: Mayor Bruce Silverstein; Mayor Pro Tern Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Acting Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueflas, Public Safety Manager; Rob DuBoux, Public Works Director; Matt Myerhoff, Media Information Officer; Alicia Tang, Graphic Artist; Brittany Saleaumua, Administrative Assistant; Caryn De La Cruz, Environmental Sustainability Analyst; Mark Johnson, Environmental Programs Coordinator; Rebecca Nelson-Brown, Senior Administrative Assistant; Tracey Rossine, Environmental Programs Manager; and Isabel Scheibeihut, Administrative Assistant
PLEDGE OF ALLEGIANCE
Councilmember Stewart led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 6:02 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.8, with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda with no reportable action.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on March 17, 2023, with the amended agenda posted on March 24, 2023.
APPROVAL OF AGENDA
MOTION Mayor Silverstein moved, and Councilmember Riggins seconded a motion to approve the agenda, hearing Item No. 6.A. before Item No. l.A. and adjourn the meeting in memory of Reverend Paul Robert Elder.
FRIENDLY AMENDMENT
Mayor Pro Tern Uhring moved to also adjourn the meeting in memory ofJohn Wall.
The amendment was accepted by the maker and seconder of the motion.
FRIENDLY AMENDMENT
Councilmember Riggins moved to also adjourn the meeting in memory of the six victims of the March 27, 2023 Nashville Covenant School shooting.
The amendment was accepted by the maker of the motion.
The question was called, and the amended motion carried unanimously.
Malibu City Council
Minutes of March 27, 2023
RECESS At 6:44 p.m., Mayor Silverstein recessed the meeting for a welcome reception in the multi-purpose room. The meeting resumed at 7:15 p.m. with all Councilmembers present.
ITEM 6 NEW BUSINESS
A. Malibu Bluffs Park Snack Shack
Recommended Action: Review and provide feedback regarding the options for replacement of the snack shack at Malibu Bluffs Park.
Acting Community Services Director Riesgo and Planning Director Mollica presented the staff report.
The Council directed questions to staff.
Mayor Silverstein opened the floor to public comment.
Speakers: Ted Vaill, Dane Skophammer, Jo Drummond, Howard Rudzki, Gracelyn Lugo, Immy Lugo, Alicia Peak, Jake Lingo, and Marissa Coughlan As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item.
MOTION Councilmember Stewart moved, and Mayor Silverstein seconded a motion to: 1) authorize the City Manager to act as fast as possible to purchase a food service trailer at a cost not to exceed $100,000; 2) direct staff to initiate the demolition of the current snack shack and site cleanup/preparation at a cost not to exceed $10,000; and 3) direct staff to bring back a resolution to initiate a local coastal program amendment and Zone Text Amendment to authorize a permanent snack shack.
FRIENDLY AMENDMENT
Councilmember Grisanti moved to direct staff to return with a proposed plan for the operation of the food service trailer and construction and operation of a permanent snack shack.
The Council discussed the motion and directed questions to staff and Mr. Rudzki.
The amendment was accepted by the maker and the seconder.
FRIENDLY AMENDEMENT
Mayor Silverstein moved to direct staff to bring back an item for discussion of a policy or interpretation ofthe allowed uses ofBluffs Park related to the snack shack within the next month.
Malibu City Council
Minutes of March 27, 2023
The amendment was accepted by the maker of the motion.
The Council discussed the amended motion and directed questions to staff.
FRIENDLY AMENDEMENT
Councilmember Riggins moved to have the increase not exceed for demolition of the current snack shack and site cleanup/preparation to $25,000.
The amendment was accepted by the maker and the seconder of the motion.
The Council discussed the amended motion and directed questions to staff.
FRIENDLY AMENDMENT
Councilmember Riggins moved to direct staff to consult with the Parks and Recreation Commission regarding the design of the permanent snack shack.
The amendment was accepted by the maker and the seconder of the motion.
The Council discussed the amended motion and directed questions to staff and Mr.
Rudzki.
FRIENDLY AMENDMENT
Mayor Silverstein moved to have the food service trailer delivered by May 15, 2023.
The amendment was accepted by the maker of the motion.
The Council discussed the amended motion.
The question was called, and the amended motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation on 2022 Environmental Programs Accomplishments (ENERGY) Environmental Sustainability Director Bundy and Environmental Sustainability Analyst De La Cruz provided a presentation on the City’s energy programs, a comparison with other cities’ programs, work plan assignments, Clean Power Alliance, and Dark Sky Ordinance compliance and enforcement.
ITEM 2.A. PUBLIC COMMENTS
Jefferson Wagner asked the Council to adjourn in memory of Rick Hodgson. He requested that the Council approve the General Fund Grant Application submitted by the Adamson House Foundation for water and soil testing.
Norm Haynie thanked the Council for implementing hybrid meetings and thanked Malibu City Council
Minutes of March 27, 2023
the Councilmembers for their service.
Doug Burdge commented on the March 13, 2023 City Council hearing ofthe appeal of the Planning Commission decision and discussed how primary view determinations could have the unintended consequences. He recommended the City set a time limit for property owners to apply for a primary view determination after receiving notice of a development application.
Howard Rudzki thanked the Council for its action on Item No. 6.A. He discussed the importance of solving problems for the community. He commended the Council and City staff and the community for their talent and drive.
ITEM 2.B. COMMISSION I COMMITTEE I CITY MANAGER UPDATES Jo Drummond, Public Works Commission, discussed the increasing fire insurance rates. She recommended the City work with a fire insurance provider to help residents secure reasonable rates. She discussed City assessment districts and recommended research on whether assessment districts were appropriate. She requested that the Council expand the role of the Public Safety Commission work assignment beyond review of maintenance and monitoring of assessment districts to include evaluation of assessment district efficacy and consideration and recommendation of alternate approaches that were more efficient, effective, and cost-effective.
City Manager McClary wished a happy birthday to the City of Malibu which was officially incorporated on March 28, 1991. He announced the annual Chumash Days intertribal gathering would be held on Saturday, April 1 and Sunday, April 2, 2023, at Bluffs Park from 10:00 a.m. to 6:00 p.m. He announced the Santa Monica College Malibu Campus ribbon cutting ceremony and community open house was scheduled for Saturday, April 22, 2023 at 10:00 a.m. He announced the State of the City event, which would be held on May 3, 2023 at 10:00 a.m. at the new Santa Monica College Malibu Campus. He discussed the recent storm events and infrastructure impacts which included flooding and traffic interruption as roads were cleared of debris. He stated that multiple areas identified as vulnerable to rockslides were being monitored by the City as another storm approached. He stated he and Mayor Silverstein met with Los Angeles County Supervisor Lindsey Horvath and Malibu issues and concerns were discussed. He stated that an agreement with Santa Monica-Malibu Unified School District for a day use impound lot at Malibu High School from Memorial Day through Labor Day was being finalized. He reported that the recruitment was closed for the Community Services Director and Deputy City Manager positions. He stated that items for the upcoming April 10, 2023 City Council meeting agenda included a fractional ownership discussion item, an item for the Council’s consideration of support for Assembly Bill 1500, which would allow for a three-year extension of the Woolsey Fire property tax exemption, and a homelessness task force charter review.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, stated he was Malibu City Council
Minutes of March 27, 2023
the new Malibu liaison and discussed his history with the Lost Hills Sheriff station.
He stated the Sheriffs Department was committed to public safety, particularly at schools where they assigned a full-time sergeant and three deputies. He stated that they performed assessments of safety protocols at all school campuses and redesigned the school response safety program. He stated that the Sheriffs Department was working with clergy of all denominations on safety related to worship gatherings and properties.
ITEM 2.C. SUBCOMMITTEE REPORTS I COUNCIL COMMENTS
Councilmember Grisanti stated he attended the photography art exhibit opening on March 26, 2023 at City Hall and thanked City staff and the Malibu Arts Commission for their contributions. He stated that he attended a variety of meetings with members of the League of California Cities and that he had another meeting scheduled for the upcoming weekend where Sheriff Robert Luna would be a participant. He stated that he had a meeting scheduled with the new Executive Chair of the California Coastal Commission as part of another organization he was involved in.
Councilmember Riggins stated she attended the Road Race Ad Hoc Committee meeting, and that she and Mayor Grisanti attended the School District Separation Ad Hoc Committee meeting. She stated she met with Assemblymember Jacqui Irwin and introduced her to the Malibu area. She stated that she introduced the speaker at the Library Speaker Series Event and thanked staff for their collaboration with the County. She welcomed Sergeant Soderlund. She thanked State Parks personnel for their assistance with parking enforcement near the Point Dume Headlands.
Councilmember Stewart welcomed Sergeant Soderlund and thanked him for his service to the community. He stated that he attended the March 21, 2023 Las Virgenes-Malibu Council of Governments meeting as an alternate. He stated that his two key takeaway points were that the County would increase their fees for services by 7.63 percent across the board and the cooperative liability insurance fund was expected to lose their coverage for claims above ten million dollars. He stated that he met with Assemblymember Irwin on March 25, 2023 and that Councilmembers Grisanti and Riggens were in attendance and he wanted the City Attorney to be made aware that they remained Brown Act compliant. He stated that he had several meetings during the prior week with residents regarding their concerns about the Mountains Recreation and Conservation Authority’s activities.
He commented on the monthly investment report which indicated a change in the City’s cash management process and strategy that yielded a better return on the City’s cash reserves. In response to Mr. Burdge, he stated that he hoped that a policy would be implemented by the Planning Department.
Mayor Pro Tem Uhring stated that he attended weekly California Strategies meetings and that the extension of the tax exemption for those impacted by the Woolsey Fire were worked on. He stated that the workplan workshop special Malibu City Council
Minutes of March 27, 2023
meeting scheduled for the week prior would be rescheduled. He stated that he had conversations with people regarding the Mountains Recreation and Conservation Authority and issues that involved Winding Way and Murphy Way. He stated a member of the public requested a meeting with the Council in closed session to discuss solutions for the City.
In response to Mayor Pro Tern Uhring, Interim City Attorney Rusin clarified that a closed session could only be called for specific appropriate topics and not for a member of the public to speak in private to the Council about general ideas.
Mayor Pro Tern Uhring stated that he would speak to the person in question and strategize a more appropriate approach.
In response to Mayor Pro Tern Uhring, Mayor Silverstein stated that the resident who wanted to have that conversation would have to approach the Council with the specific topic of concern, such as potential litigation or real estate purchase.
Mayor Silverstein thanked the public for their input, both oral and written. In response to Mr. Burdge, he stated that the issue of notification and waiting periods for primary view deterrninations was something that needed to be researched. He stated that the County Tax Assessor asked him to remind the public that there was a misfortune and calamity program which provided an opportunity to lower annual property tax bills for properties that had sustained a minimum of $10,000 in damage or were destroyed, until the property had been repaired and rebuilt and that relief was also available for storm damage. He stated that the City was working with California Strategies and Assemblymember Irwin on extension of the tax relief program beyond five years for the Woolsey Fire because of delays caused by the COVID- 19 pandemic and that they were optimistic that it would receive approval.
He stated that he and City Manager McClary met with Los Angeles County Supervisor Horvath for the general purpose of developing a cooperative relationship, but they had the opportunity to speak specifically about the Campus Kilpatrick matter which was an evolving situation. He stated that there was a proposal on the table previously for a population increase of more severe juvenile convicts and their discussion resulted in an amendment to the proposal that incorporated an obligation to consider the health, welfare, and safety of the surrounding area.
ITEM 3 CONSENT CALENDAR
Marissa Coughlan stated she did not intend to speak on the Consent Calendar.
The Council directed questions to staff regarding Item No. 3.B.3.
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to approve the Consent Calendar. The question was called, and the motion carried unanimously.
Malibu City Council
Minutes of March 27, 2023
The Consent Calendar consisted of the following items:
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 68490-68588 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. 721 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,492,620.49. City of Malibu payroll check number 5323-5326 and ACH deposits were issued in the amount of $258,399.35.
3. Federal Surface Transportation Program Local Funds Exchange Recommended Action: Authorize the Mayor to execute the Exchange Agreement and Assignment of Federal Surface Transportation Program — Local Highway Infrastructure Programs Funds.
4. Findings to Hold Virtual City Council, Commission. Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to adopt Resolution No. 23-14, re-authorizing remote teleconferencing/virtual meetings pursuant to AB
5. Amendment to Professional Services Agreement with Michael Baker International, Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 3 to Professional Services Agreement with Michael Baker International, Inc. to extend the term of the existing Professional Services Agreement through March 23, 2024 and to modify the scope of work.
ITEM 4 ORDINANCES AND PUBLIC HEARINGS
None.
ITEM 5 OLD BUSINESS
None.
ITEM 7 COUNCIL ITEMS
None.
Malibu City Council
Minutes of March 27, 2023
ADJOURNMENT
Mayor Silverstein adjourned the meeting at 9:29 p.m., in memory of John Wall, Rick Hodgson, Reverend Paul Robert Elder, and the six victims of Tennessee shooting victims:
Evelyn Dieckhaus, Hallie Scruggs, William Kinney, Cynthia Peak, Katherine Koonce, and Mike Hill.
Approved and adopted by the City Council of the
City oj~4alibu on November 27, 2023.
ATTEST:
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