MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
MAY 22, 2023
COUNCIL CHAMBERS
5:30 P.M.
The following meeting was held pursuant to AB 361 and teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.
MEETING CALL TO ORDER
Mayor Silverstein called the meeting to order at 5 :30 pm.
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 5:31 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with Legal Counsel — Anticipated litigation
1. Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Number of Cases: 1
REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:41 pm.
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
Malibu City Council
Minutes of May 22, 2023
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Susan Duefras, Public Safety Director; Rob DuBoux, Public Works Director; Kathleen Stecko, Deputy City Clerk; Solishia Andico, Environmental Sustainability Analyst; Caryn De La Cruz, Environmental Sustainability Analyst; Mark Johnson, Environmental Programs Coordinator; Tracey Rossine, Environmental Programs Manager; Renee Neermann, Finance Manager; Adrian Fernandez, Assistant Planning Director; Sarah Flores, Emergency Services Coordinator; and Brandie Ayala, Administrative Analyst
PLEDGE OF ALLEGIANCE
Sergeant Soderlund led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attorney 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 54956.9(d)(2), with all Councilmembers present. He stated there was no reportable action.
REPORT ON POSTING OF AGENDA
City Clerk Pettij ohn reported that the agenda for the meeting was properly posted on May 12, 2023.
APPROVAL OF AGENDA
MOTION Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to approve the agenda and continue Item No. 6.A. to the June l2, 2023 Regular meeting. The question was called, and the motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Proclamation Declaring June 10 as Public Safety Responder Appreciation Dav in Malibu
Emergency Services Coordinator Flores thanked the Council for the proclamation and discussed Public Safety Responder Day events.
Mayor Silverstein presented the proclamation to Emergency Services Coordinator Flores.
B. Presentation on 2022 Environmental Programs Accomplishments (COASTAL PROGRAMS) Environmental Sustainability Director Bundy and Environmental Sustainability Analyst Andico provided a presentation on the City’s Coastal Programs.
ITEM 2.A.
Malibu City Council
Minutes of May 22, 2023
The Council applauded the efforts of the entire Environmental Sustainability team.
PUBLIC COMMENTS
Norm Haynie requested the Council direct the Flaming Department to prepare an ordinance accepting modifications from the California Coastal Commission (CCC) to the Sea View Hotel Local Coastal Program Amendment (LCPA). He requested the Council schedule the item for the June 26, 2023 meeting to allow time for the ordinance to be approved before the CCC deadline.
Steve Wiseman discussed his experience working on development projects in the City. He discussed the Sea View Hotel LCPA and encouraged the Council to approve the modifications requested by the CCC because the hotel would help increase visitor accommodations in Malibu.
Tim Pera, Mountains Recreation and Conservation Authority (MRCA) Ranger, discussed ranger activities in the past month and citations issued which included paragliding at Saddleback Peak. He stated that unauthorized “No Trespassing” and “Keep Out” signs were posted on MRCA property at the top of Murphy Way and that citations and removal were planned. He stated that rangers and officers continuously provided parking enforcement and public safety patrols at Escondido Park due to high traffic on busy weekends.
Mario Sandoval, MRCA Proj ect Manager and Coastal Planner, discussed the hiking and equestrian trail along Murphy Way and Winding Way. He stated that the trail was a permit condition required by the CCC for waterworks improvement services for the residential development along Murphy Way. He stated that the MRCA granted funds to the California Conservation Corps for trail maintenance and were deployed on seven-day work assignments that spanned weekends. He stated that the work crew was cited by the Los Angeles County Sheriff’ s Department on May l4, 2023, in deference to Malibu Municipal Code (MMC) Chapter 8.24.050(g). He stated that although local ordinances were not applicable on State-owned property, the work crew stopped work for the remainder of the day. He stated that on May 15, 2023, the crew continued work and were approached by Sheriffs Department personnel who indicated that they were called by residents who requested the work be stopped, however the crew supervisor declined, and no citations were issued. He stated that the neighbors’ request for the work stoppage were at odds with their complaints that the MRCA often neglected their land stewardship responsibilities.
He discussed vandalism to signage along the trail. He stated that trail maintenance was important to public safety and was of benefit to the community.
Rosemarie Ihde presented a video which displayed excerpts from the February l3, 2017 City Council meeting and the May l, 2023 Flaming Commission meeting.
Jo Drummond presented a video which displayed excerpts from the February l3, 2017 City Council meeting.
ITEM 2.B.
Malibu City Council
Minutes of May 22, 2023
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Lotte Cherin, Malibu Arts Commission, provided an update on recent activities. She reported that the Summer Jubilation poetry event on May 6, 2023 and the screening of the documentary 21 Miles in Malibu on May l9, 2023 at Bluffs Park were both well-attended and encouraged the Councilmembers’ attendance at community events. She announced the Conversations with Jane Seymour event was scheduled for June 4, 2023, from 12:00 p.m. to 1:30 p.m. at the Malibu City Gallery at City Hall and that the Jane Seymour Expressions exhibit at City Hall would run through June 30, 2023. She announced the summer art exhibit, Shifting Tides would feature surf-themed artwork. She announced the 2023-2025 Poet Laureate application period closed on May 21, 2023. She reported that the 2023 Student Art Anthology would be released in June. She discussed the Commission’s community arts center survey and requested the addition of a survey item on a June 2023 City Council meeting agenda. She congratulated Community Services Director Riesgo on her appointment as Community Services Director.
City Manager McClary announced Kristin Riesgo had been appointed as Community Services Director. He provided an update on the Little League snack shack and stated that demolition of the old container was complete, installation of the new container was underway, and the snack shack was expected to be open during the week. He reported that on the upcoming Memorial Day holiday, May 29, 2023, all parks would be open, and the swimming pool closed He discussed the 2] Miles in Malibu screening and thanked the event coordinators. He provided an update on the Pacific Coast Highway (PCH) signal synchronization project and stated that it was scheduled to begin soon and would take approximately one year to complete. He announced that Westward Beach was designated to win a Blue Flag Award, and that the presentation would be held at Westward Beach on May 25, 2023, and would include a speech by Mayor Silverstein. He announced the second Work Plan Workshop would be held on May 24, 2023. He announced the next Regular City Council meeting was scheduled for June 12, 2023. He reported that Deputy City Manager interviews were scheduled for the upcoming weeks and that two new Deputy City Clerks would be welcomed in June 2023.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided an update on a burglary incident where DNA was used to locate a suspect. He stated that a second suspect was identified, felony burglary charges filed, and extradition obtained for both suspects. He reported that the special assignment deputies made five arrests over the past two weeks, which included two felonies, and 44 citations were issued. He reported that on Sunday, May 21 , 2023, three cars driving at a high rate of speed were observed by a member ofthe beach team traffic unit and all three drivers were arrested for reckless driving among other charges, and their vehicles were impounded for 30 days.
The Council expressed appreciation for the work of the Sheriff’ s Department.
ITEM 2.C.
Malibu City Council
Minutes of May 22, 2023
In response to Mayor Silverstein, Sergeant Soderlund stated that he would research who rented the suspects lodging accommodations for the summer in Malibu. He stated that a court order from a judge was required to seize a car rather than have impounded.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
In response to Councilmember Riggins, Mr. Sandoval stated the MRCA had not contacted the City about the California Conservation Corps work schedule, and he would explore whether they would be Coordinating with the City and provide that response in writing.
In response to Councilmember Riggins, Interim City Attorney Rusin discussed allegations regarding Flaming Commissioner Peak and his work on a proj ect he had originally approved. He stated no promises were made to Commissioner Peak before the approval and the owner who hired him was not the original applicant.
He stated that there was no violation of the Political Reform Act. He stated that for the Common Law standard referenced in the videos presented by public speakers Ms. Ihde and Ms. Drummond to be violated, there would have needed to be an unacceptable probability of actual bias in that situation. He stated that it would be appropriate for a commissioner or councilmember to recuse themselves from a decision if they were close friends with the applicant, but not if they simply knew or were friendly with the applicant.
Councilmember Riggins stated she was honored to have appointed Commissioner Peak to the Planning Commission and that his wealth of experience, proven environmental concern, and knowledge ofthe community was invaluable in his role as a Planning Commissioner. She stated that she was disappointed there were members of the community who chose to attack him. She stated that she attended the California Contract Cities conference over the past weekend and that it was an invaluable experience. She stated she hoped some commonality could be found between the City and the MRCA regarding the stewardship of their properties and a balance on their interaction with the local community to provide good access to everyone.
Councilmember Grisanti stated that he attended a Las Virgenes-Malibu Council of Governments (COG) meeting. He discussed the Sheriffand Fire Department public safety events and stated that he attended the Lost Hills Sheriff’ s station event and that he understood both were well-attended. He stated that he attended the Watershed Council meeting and discussed the annual watershed report. He stated that he attended the Smart Coast California meeting in Newport Beach on May 18 and 19, 2023 where he spoke to the CCC Director who was in attendance.
Councilmember Stewart congratulated Community Services Director Riesgo on her appointment. He discussed the 21 Miles in Malibu film screening and stated highway safety was an important topic and encouraged the public to view it. He stated that he attended a Sheriff Substation Ad Hoc Committee meeting and that he MOTION
Malibu City Council
Minutes of May 22, 2023
looked forward to the new substation opening. He stated that he attended the COG meeting as an alternate and the Heal the Bay event the week prior. He stated that he received a letter addressed to the Council and the Santa Monica-Malibu Unified School District from school leaders regarding school safety and reiterated that the matter was taken very seriously by the Council.
Councilmember Stewart moved, and Councilmember Grisanti seconded a motion to direct staff to bring back an item at the June 12, 2023 Regular City Council meeting to receive an update on the Sea View Hotel LCPA and consider providing further direction to staff.
FRIENDLY AMENDMENT
Mayor Silverstein moved to amend the motion to not have the item scheduled if the changes that the Council requested previously had not been made.
The amendment was not accepted by the maker of the motion.
The Council discussed the motion.
The question was called, and the motion carried 4-1, Mayor Silverstein opposed.
Mayor Pro Tem Uhring congratulated Community Services Director Riesgo on her appointment. He stated that he had participated in the California Strategies meetings. He stated that he saw a house on Bailard Road that the Council approved several meetings prior was just listed for sale. He discussed the hearing and stated the owner had indicated they wanted to move back into Malibu, and that the house was their home. He cautioned the Council that what was presented to them did not always turn out to be accurate. He stated that he reviewed information provided by Mr. Haynie regarding the Sea View Hotel proj ect. He stated that he was contacted by people in Sycamore Park regarding MRCA signage and that residents had flnes levied against them in the range of 21 million dollars.
In response to Mayor Pro Tem Uhring, Councilmember Grisanti discussed a meeting proposed to be held at the Jewish Center on May 30, 2023, and stated the City notified the organizer that it was not an appropriate location and they were supplied a list of alternative locations.
Mayor Silverstein thanked the speakers for their public comment.
In response to Mayor Silverstein, Interim City Attorney Rusin stated that the State was exempt from some local ordinances, but he did not know enough about the trail work performed by the California Conservation Corps to know if it was exempt.
He stated that they would still need to be compliant with the California Coastal Act.
He stated that City staff would need advance notice from the MRCA of their planned activities to determine whether an exemption was applicable. He stated that whether the trail was on State property or was on an easement had bearing on exemption status.
ITEM 3
MOTION
Malibu City Council
Minutes of May 22, 2023
Mayor Silverstein stated he was told by residents that the City owned a portion of the easement that the MRCA claimed to own and it was disputed whether there was a trail through that neighborhood, and he hoped it would be researched for clarity.
Interim City Attorney Rusin stated that the matter was not on the meeting agenda, and the City Attorney’s office was conducting research on related issues.
Mayor Pro Tem Uhring stated that based upon his conversations with residents, past events that involved the MRCA had negatively impacted them and that keeping residents informed would help ease their fear.
In response to Councilmember Stewart, Interim City Attorney Rusin stated that he could research whether the construction noise ordinance was applicable.
Mayor Silverstein stated that he had information about the house for sale on Bailard Road that he would share at the next Council meeting. He stated that he attended two California Strategies meetings, introduced the 2] Miles in Malibu film screening, and spent many hours in preparation for Item No. 4.E. He stated he toured the vacant County courthouse with Mayor Pro Tem Uhring. He discussed correspondence from Mr. Haynie regarding the Sea View Hotel LCPA and clarified that he had not said that the LCPA was terminated. He stated that the decision was to take no action unless and until there was an amendment to the agreement that gave the mitigation fees to the MRCA. He discussed the number of Flaming Commission decisions where the vote was 3-2. He discussed Flaming Commission interpretations and stated that anyone whose livelihood was dependent upon development had an inherent conflict of interest.
In response to Mayor Silverstein, Interim City Attorney Rusin stated that for a conflict of interest to exist, a specific financial interest as defined by the Political Reform Act would be required or it needed to fall under Common Law. He stated that since the matter was not on the agenda, brief comments were allowed, but not a full discussion on the matter.
CONSENT CALENDAR
Councilmember Riggins moved, and Mayor Pro Tem Uhring seconded a motion to approve the Consent Calendar. The question was called, and the motion carried unanimously, Councilmembers Riggins and Stewart abstained from Item No. 3.B.3.
B. New Items
1. Waive Further Reading
Recommended Action: After the City Attomey has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.
The Consent Calendar consisted of the following items:
Malibu City Council
Minutes of May 22, 2023
ITEM 4
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 68961-69188 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. 725 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,967,757.32. City of Malibu payroll check number 5340-5344 and ACH deposits were issued in the amount of $250,031.92.
3. Approval of Minutes
Recommended Action: Approve the minutes for the MarCh 28, 2022 Malibu City Council Regular meeting.
4. Findings to Hold Virtual CitLCouncil, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 21- 64, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.
5. Resolution Extending the Declaration of the COVID—l9 Local Emergency Recommended Action: Adopt Resolution No. 23-21 extending the declaration of the existence of a local emergency.
6. Acceptance of Malibu Road Drainage Repair Proj ect
Recommended Action: 1) Accept the work performed by Hank Co. Inc. dba MD Engineering for the Malibu Road Drainage Repair Proj ect Specification No. 2099 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
7. Acceptance of Encinal Canyon Road Drainage Repair Proj ect Recommended Action: 1) Accept the work performed by GMZ Engineering, Inc. for the Encinal Canyon Road Drainage Repair Project Specification No. 2098 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
8. State Senate Bill 1 (SB l) Road Maintenance and Rehabilitation Account Funding and Proj ect List
Recommended Action: Adopt Resolution No. 23-25 approving the Fiscal Year 2023-2024 project list for Senate Bill 1 (Road Repair and Accountability Act of 20 1 7) Road Maintenance and Rehabilitation Account (RMRA) funding.
ORDINANCES AND PUBLIC HEARINGS
Proposed Budget for Fiscal Year 2023 -24
Recommended Action: 1) Conduct the Public Hearing; and 2) Provide direction to staff on the Proposed Budget for Fiscal Year 2023-24.
Assistant City Manager Toney presented the staff report.
Mayor Silverstein opened the floor to public comment.
Malibu City Council
Minutes of May 22, 2023
As there were no speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
The Council received the update and provided input on the Proposed Budget for Fiscal Year 2023-24.
B. Assessment District 98-1 (Big Rock Mesa)
Recommended Action: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 23-22 levying an assessment for the maintenance, repair, and improvements works, systems and facilities pertaining to Assessment District 98-1 (Big Rock Mesa) for Fiscal Year 2023-2024.
Public Works Director DuBoux and Administrative Analyst Ayala presented the staff report.
Mayor Silverstein opened the floor to public comment.
Speakers: Rosemarie Ihde and Jo Drummond
l: As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Riggins moved, and Mayor Pro Tem Uhring seconded a motion to adopt Resolution No. 23-22 levying an assessment for the maintenance, repair, and improvements works, systems and facilities pertaining to Assessment District 98-1 (Big Rock Mesa) for Fiscal Year 2023-2024.
The Council discussed the item and directed questions to staff.
The Council discussed the motion.
The question was called, and the motion carried unanimously.
C. Assessment District 98-3 (Malibu Road)
Recommended Action: l) Conduct the Public Hearing; and 2) Adopt Resolution No. 23-23 levying an assessment for the maintenance, repair and improvements works, systems and facilities of Assessment District 98-3 (Malibu Road) for Fiscal Year 2023-2024.
Public Works Director DuBoux and Administrative Analyst Ayala presented the staff report.
Mayor Silverstein opened the floor to public comment.
MOTION
, Malibu City Council
Minutes of May 22, 2023
Speaker: Jo Drummond
As there were n0 other speakers present, Mayor Silverstein 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. 23-23 levying an assessment for the maintenance, repair and improvements works, systems and facilities of Assessment District 98-3 (Malibu Road) for Fiscal Year 2023-2024. The question was called, and the motion carried unanimously.
MOTION
RECESS
Assessment District 98-2 (Calle Del Barco)
Recommended Action: l) Conduct the Public Hearing; and 2) Adopt Resolution No. 23-24 levying an assessment for the maintenance, repair and improvements works, systems and facilities of Assessment District 98-2 (Calle Del Barco) for Fiscal Year 2023-2024.
Public Works Director DuBoux and Administrative Analyst Ayala presented the staff report.
Mayor Silverstein opened the floor to public comment. As there were no speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
Councilmember Stewart moved, and Councilmember Riggins seconded a motion to adopt Resolution No. 23-24 levying an assessment for the maintenance, repair and improvements works, systems and facilities of Assessment District 98-2 (Calle Del Barco) for Fiscal Year 2023-2024. The question was called, and the motion carried unanimously.
At 8:52 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 9:04 p.m. with all Councilmembers present.
Appeal Nos. 22-006 and 22-012 — Appeals of Planning Commission Resolution No. 22-46 (33650 Pacific Coast Highway; Owner: Charals Haagan; Appellants:
180 PCH, LLC and the Mountains Recreation and Conservation Authority) (Continued from MaV 8. 2023)
Recommended Action: Adopt Resolution No. 23-26, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal Nos. 22—006 and 22-012 and approving Coastal Development Permit No. 19-073 for construction of a new one-story, 6,567 square foot single-family residence plus a 1,723 square foot basement, 1,375 square foot detached garage, 720 square foot detached secondary dwelling unit, 412 square foot tennis cabana, MOTION
Malibu City Council
Minutes of May 22, 2023
tennis court, swimming p001, spa and grading, and installation of a new onsite wastewater treatment system; including Demolition Permit No. 22-008 to demolish an unpermitted driveway, fencing, and landscaping located in the Rural Residential, Two-Acre zoning district located at 33650 Pacific Coast Highway (Haagan).
Disclosures: Councilmembers Grisanti, Riggins, and Stewart, Mayor Pro Tem Uhring, and Mayor Silverstein
Contract Planner Pisarkiewicz presented the staff report.
The Council directed questions to staff.
Mayor Silverstein opened the floor to public comment.
Speakers: Elena Eger, Erik Rochin, and Jake Holt
The Council directed questions to staff, Mr. Holt, and Charals Haagan.
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff and Mr. Haagan and Mr. Holt.
Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 23-26, as amended to add a condition prohibiting the use of shoreline and bluff protection devices for the protection of new development, determining the proj ect is categorically exempt from the California Environmental Quality Act, denying Appeal Nos. 22-006 and 22-012 and approving Coastal Development Permit No. 19-073 for construction of a new one-story, 6,567 square foot single-family residence plus a 1,723 square foot basement, 1,375 square foot detached garage, 720 square foot detached secondary dwelling unit, 412 square foot tennis cabana, tennis court, swimming pool, spa and grading, and installation of a new onsite wastewater treatment system; including DemolitiOn Permit No. 22-008 to demolish an unpermitted driveway, fencing, and landscaping located in the Rural Residential, Two-Acre zoning district located at 33650 Pacific Coast Highway (Haagan).
The Council discussed the motion and directed questions to staff.
The question was called, and the amended motion carried 3-2, Mayor Pro Tem Uhring and Mayor Silverstein opposed.
Appeal No. 23-001 —Appeals ofPlanning Commission Resolution No. 23-02 (3620 Noranda Lane; Owner: 3620 Noranda LLC; Appellant: Neil Popowitz) Recommended Action: Continue this item to the June 26, 2023 Regular City Council meeting.
Malibu City Council
Minutes of May 22, 2023
This item was continued upon approval of the agenda.
ITEM 5 OLD BUSINESS
None.
ITEM 6 NEW BUSINESS
A. Malibu Librarv Set Aside Fund for Fiscal Year 2023—2024 Recommended Action: Approve the use of Set Aside Funds for the Malibu Library for Fiscal Year 2023-2024.
This item was continued upon approval of agenda.
ITEM 7 COUNCIL ITEMS
None.
ADJOURNMENT
At 11:26 p.m., Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adjourn the meeting. The question was called, and the motion carried unanimously.
Approved and adopted by the City Council of the
Ci of Malibu on January 8, 2024.
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g TIJdiHN, City Clerk