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Minutes

Malibu City Council
June 12, 2023

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Minutes
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June 12, 2023
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MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
JUNE 12, 2023

COUNCIL CHAMBERS
5:30 P.M.

The following meeting was held pursuant t0 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 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 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 li_tigation

1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 Number of Cases: (1)
Conference with Legal Counsel — Anticipated litigation

2. Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Development Agreement between the City of Malibu and La Paz Ranch, LLC, regarding the property located at 23465 Civic Center Way Number of Cases: (1)

REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:43 p.m.

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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 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; Richard Mollica, Planning Director; Susan Duenas, Public Safety Director; Rob DuBoux, Public Works Director; Matt Myerhoff, Media Information Officer; Jason Lawrence, Deputy City Clerk; Christina Munoz, Deputy City Clerk; Kate Manisco, Recreation Manager; Luis Flores, Public Safety Liaison; Sarah Flores, Emergency Services Coordinator; and Brandie Ayala, Administrative Analyst

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 Sections 54956.9(d)(2) and 54956.9(d)(4), with all Councilmembers present. 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 June 2, 2023, with the amended agenda posted on June 9, 2023.

PLEDGE OF ALLEGIANCE
City Clerk Pettijohn led the Pledge of Allegiance.

APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda, continuing Item No. l.A. to a date uncertain, hearing Item No. 7.A. after the Consent Calendar, hearing Item No. 6.A. after 7.A., and adjourning in memory of Leah Isaacs and Barry Hilton. The question was called, and the motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of 2023 Jake Kuredjian Citizenship Award This item was continued to a date uncertain upon approval of the agenda.

M ‘
ITEM 2.A.

U ITEM 2.B.

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Recognition of Public Safety Responders
Mayor Silverstein recognized the City’s Public Safety Responders with thank you books.

Public Safety Director Duefias thanked the City’s Public Safety Responders and staff for their efforts at the recent public safety expo.

PUBLIC COMMENTS
Ryan Embree discussed the antenna pole at Santa Monica College and permitting conditions and stated that its location conflicted with use of the nearby helicopter pad. He requested an explanation from Los Angeles County of the necessity ofthe pole since transmission with the shorter interim pole was possible for three years. He stated that the County’s application to the City stated that the pole would be used for emergencies which conflicted with regular expanded semi-commercial use that was not disclosed adequately at the concept was approved.

Jo Drummond thanked the Council for adjourning in memory of Leah Isaacs. She discussed the radio tower at Santa Monica College and requested the Telecommunication Commission be reinstated or the Public Works Commission begin reviewing telecommunications projects.

COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Kylie and Logan Epstein, Youth Commission, provided an update on Fiscal Year 2022-23 accomplishments, which included a food drive for the Boys and Girls Club Thanksgiving baskets, voter registration public service announcements, a Cinema Malibu movie night sock collection drive for Socks of Love, toy collection for the Los Angeles County Fire Department Foundation, hosting a youth government summit, a baby diaper and wipes drive for Safe Place for Youth Venice, toiletry items collection for the People’s Concem, and participation in a virtual organics recycling workshop. They stated that they volunteered at special events which included Tiny Tot Olympics, Breakfast with Santa, and Chumash Day. They stated that they collected more than 400 items that benefited local nonprofit organizations, provided more than 200 hours of community service, and thanked the Council for providing the opportunity to represent the youth of Malibu.

Public Safety Manager Duefias discussed the June 12, 2023 Public Safety Expo and Public Safety Responder Appreciation Day. She stated that it was well attended and featured organizations including the Community Emergency Response Team (CERT), Arson Watch, Volunteers on Patrol (VOP), Los Angeles County Fire Department, Department of Forestry, and Cal Tech. She stated that there were demonstrations and presentations, which included fire extinguisher education, an earthquake simulator, a free tree giveaway, emergency generator raffle, and food vendors. She stated that most costs were paid for by a fire prevention grant from Cal Fire and recognized staff efforts and Councilmember participation in the event.

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City Manager McClary thanked City staff for their efforts and stated that the event was well received by the community.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, thanked the Council for honoring emergency responders. He provided an update on the May 2023 statistics and reported part one crimes were reduced by 18 percent from the same time the prior year and stated there was a downward trend of burglaries. He reported there were two incidents where multiple vehicles were broken into and two vehicles stolen, one of which was recovered. He stated that a suspect vehicle was identified in the second incident and suspects were outstanding. He stated that they conducted a parking enforcement operation overnight the prior Thursday, which resulted in 91 citations issued and six vehicles towed. He stated that they worked with VOPs, special assignment deputies, and Public Safety Liaison Flores. He discussed an experience with an individual experiencing homelessness who was connected to services through Public Safety Liaison Flores. He stated that the beach team had begun to patrol on weekends and would be full-time beginning in July. He provided statistics year to date and reported 188 citations were issued for possession of alcohol on the beach, 45 citations for dogs on the beach, 204 traffic citations, 1,382 parking citations, and 186 vehicles towed. He discussed racing on Pacific Coast Highway (PCH) and reported that during the Aids/LifeCycle event held the previous Saturday with approximately 2,000 bicycle riders on PCH, deputies observed two Lamborghini vehicles traveling at a high rate of speed near Las Flores, without registration and one without insurance and both drivers were cited, and vehicles impounded. He stated that a saturation patrol and racing enforcement operation was planned for an upcoming night when much ofthe racing occurred.

Mayor Silverstein thanked the Sheriff Department for their work and stated that Malibu was a relatively safe place to begin with and credited the SheriffDepartment presence for continuing to keep the community safe.

In response to Mayor Silverstein, Sergeant Soderlund stated that there was a combination of factors that went into towing a vehicle versus a citation being issued, which included reckless driving, speed limit, presence of pedestrians or schools in the area, and traffic volume. He stated that the vehicle could be impounded if the deputy determined they were driving in a reckless manner.

City Manager McClary stated that he attended the middle school and high school graduations and attended the Commissioner Brown Act training. He discussed the Blue Flag environmental award presented to Westward Beach and announced that the Little League temporary snack shack was operational. He discussed a sewage spill that occurred the past week on Malibu Canyon Road which was caused by a car accident. He provided an update on the Trancas Bridge replacement project and stated that they were pressing Caltrans for safety and pavement improvements, and it was expected that pothole repair would be conducted in June 2023. He welcomed and introduced the two new Deputy City Clerks, Christina Munoz, and Jason Lawrence. He reported that the temporary tow yard at Malibu High School opened ITEM 2.C.

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0n May 27, 2023, and approximately 90 vehicles were towed. He provided an update on Woolsey Fire rebuilds with 128 single family homes completed and 258 with building permits issued. He announced a meeting for Malibu Creek ecosystem restoration project, hosted by California State Parks and Cal Trout, would be held at City Hall on Tuesday, June 13, 2023, from 6:00 p.m. to 8:00 p.m.

SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti commented on the watershed improvement project that involved removal of the Rindge Dam and encouraged public participation in the upcoming informational meeting. He discussed the Blue Flag award at Westward Beach and encouraged the community to visit and appreciate the scenic location.

He reported that he attended the middle school and high school graduation ceremonies and stated that the students deserved credit for their accomplishments and wished them well. He stated that he attended the recent Brown Act training and stated that there were changes in the law and he found the information valuable.

Councilmember Riggins reported that she attended a Clean Power Alliance Board meeting, where Malibu was honored as one ofthe first cities that joined. She stated that she attended the Little League parade and closing ceremonies on June 3, 2023, and thanked league president Nick Shurgot, Jake Lingo, Alicia Peak, Dane Skophammer, and City stafffor their efforts. She reported that she attended the high school and middle school graduation ceremonies and stated that principals Patrick Miller and Melisa Andino did a greatjob with students. She stated she attended the Public Safety Expo and“thanked the City’s Public Safety Department staff and expressed her appreciation for the City’s safety partners. She stated she attended the Brown Act training and found it informative. She stated that she attended the Blue Flag presentation at Westward Beach and stated that it was an honor for the community to be recognized. She thanked the Youth Commissioners for their service and City staff for their support. She stated that she participated in a ride along and toured the Lost Hills Sheriff Station. She discussed the Los Angeles Metro congestion pricing study, specifically the route on the 10 Freeway from downtown Los Angeles to Santa Monica. She stated that anyone who traveled to Malibu would be impacted and encouraged the community to provide feedback to Metro. She thanked City Manager McClary for providing information on the sewage spill.

Councilmember Stewart discussed the temporary tow yard and thanked everyone involved in its success. He discussed the Blue Flag award ceremony held at Westward Beach and stated that visiting the location was a moving experience. He stated that he attended the workplan meeting held on May 24, 2023. He stated that he attended a kindness event and signed the Boys and Girls Club Kindness Mural and commended the organization for their positive impact on the community. He reported that he attended the Brown Act training and the Public Safety Expo. He stated he met with the VOPs and Sheriff Deputies during one oftheir night sweeps and commended those who worked the night shift. He discussed the 2023 Poetry and Art Student Anthology and encouraged the community to pick one up.

ITEM 3
MOTION
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Mayor Pro Tem Uhring thanked Sergeant Sutherland for his report and stated that the results needed to be publicized to the community. He stated he participated in the Califomia Strategies meetings. He stated he attended the Little League parade, and everyone enjoyed themselves. He encouraged community involvement in the meeting to discuss removal ofthe Rindge Dam. He thanked City Manager McClary for providing infonnation on the sewage spill. He discussed an article he recently read in the Orange County Register regarding declining school enrollment, and referenced the Parks and Recreation master plan report with its proj ection of declining birth rates and stated that attention should be paid to the issue.

Mayor Silverstein discussed the radio tower at Santa Moncia College and stated that it was an insult to Malibu and hoped for continued discussions toward a solution. He stated that he attended many of the events that others described. He stated he attended the Little League event, and that it was enj oyable. He stated that declining school enrollment indicated that Malibu was probably overpaying for being a part of the Santa Monica-Malibu Unified School District and it was an argument for separation.

Mayor Pro Tem Uhring stated he met with Sycamore Park residents and saw the Mountains Recreation and Conservation Authority (MRCA) signs and trail maps to Escondido trail. He questioned the validity of the trail, since in May 2016, the City Council voted to abandon trails heading to Ramirez Canyon and Escondido.

He provided compiled information for the City Attorney’s review regarding the status of the trail and the signage placed by the MRCA.

CONSENT CALENDAR
Item Nos. 3.B.9. and 3.B.10. were pulled by the Council.

Mayor Pro Tem Uhring moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.9. and 3.B.10. The question was called, and the motion carried unanimously, Councilmember Stewart abstaining from Item No. 3.B.3.

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 69189—69428 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. 726 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount Malibu City Council
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of $2,557,017.61. City of Malibu payroll check number 5345-5348 and ACH deposits were issued in the amount of $259,792.74. Approval of Minutes Recommended Action: Approve the minutes for the April 11, 2022 Malibu City Council Regular meeting.

Findings to Hold Virtual City Council, Commission, Committee, Board and Other CiLLBodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 23- 14, re-authorizing remote teleconferencing/Virtual meetings pursuant to AB 361.

Community Facilities District No. 2006-1 (Carbon Beach Utility Undergrounding) — Levy of Special Tax for Fiscal Year 2023-2024 Recommended Action: Adopt Resolution No. 23-27 of the City Council of the City of Malibu acting in its capacity as the legislative body of Community Facilities District (CFD) No. 2006-1 of the City of Malibu (Carbon Beach Utility Undergrounding) authorizing the levy of a special tax for Fiscal Year (FY) 2023-24.

Professional Services Agreement with Yunex, LLC
Recommended Action: Authorize the Mayor to execute Professional Services Agreement with Yunex, LLC for Traffic Signal Maintenance Services.

Community Development Block Grant Program for July 1_, 2024 through June 30, 2027
Recommended Action: Adopt Resolution No. 23—29 approving participation in the Los Angeles Urban County Community Development Block Grant Program by authorizing the mayor, or his/her designee, to sign a cooperation agreement with the Los Angeles County Development Authority from July 1, 2024, through June 30, 2027.

Amendment to Professional Services Agreement with Landscape Development Inc. for Landscape Maintenance Services Recommended Action: Authorize the Mayor to execute Amendment No. 4 to the Professional Services Agreement with Landscape Development Inc., extending the term of the Agreement for landscape maintenance services at City Hall, City Parks, and the Civic Center area through June 30, 2024.

11. Mayors’ Monarch Pledge
Recommended Action: 1) Authorize Mayor Silverstein to sign the National Wildlife Federation Mayors’ Monarch Pledge, renewing the City’s commitment to save the monarch butterfly; and 2) Direct staff to implement measures to meet the commitments of the Mayors’ Monarch Pledge in support of monarch and pollinator conservation in the Malibu community.

The following items were pulled from the consent calendar for individual consideration:

9. Amendments to the Professional Services Agreements for School District Separation
Recommended Action: 1) Authorize the Mayor to execute Amendment No. 7 to the Professional Services Agreement with Kirk-Carter and Associates; MOTION
ITEM 7
MOTION
ITEM 6
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and 2) Authorize the Mayor to execute Amendment No. 7 to the Professional Services Agreement with STLR Corp, dba Ryland School Business Consulting.

The Council discussed the item.

Mayor Pro Tem Uhring moved, Councilmember Riggins second a motion to: l) Authorize the Mayor to execute Amendment No. 7 to the Professional Services Agreement with Kirk-Carter and Associates; and 2) Authorize the Mayor to execute Amendment No. 7 to the Professional Services Agreement with STLR Corp, dba Ryland School Business Consulting. The question was called, and the motion carried unanimously.

10. Investment Report for the Month Ending_April 30, 2023 Recommended Action: Receive the Investment Report for the month ending April 30, 2023.

The Council discussed the item.

The Council received the Investment Report for the month ending April 30, 2023.

Speaker: Preston Lilly

COUNCIL ITEMS
2023-2024 Harry Barovsky Memorial Youth Commission Appointments Recommended Action: Appoint Commissioners to the 2023-2024 Harry Barovsky Memorial Youth Commission.

Recreation Manager Gallo presented the staff report.

Mayor Silverstein opened the floor to public comment.

As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

Councilmember Riggins moved, and Councilmember Stewart seconded a motion to appoint the following 17 Commissioners to the 2023-2024 Harry Barovsky Memorial Youth Commission: Anniston Aragon, Allegra Barzan, Tyler Button, Kylie Epstein, Logan Epstein, Hiram Florendo, Maya Guzman, Tanner Kies, Travis Kies, Kailyn Lilly, Preston Lilly, Chloe Loquet, Michael Maischoss, Hank Norby, Axel Polito, Layla Polito, and Payton Pollack. The question was called, and the motion carried unanimously.

NEW BUSINESS
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A. Malibu Library Set Aside Fund for Fiscal Year 2023-2024 (Continued from MaV 22, 2023)
Recommended Action: Approve the use of Set Aside Funds for the Malibu Library for Fiscal Year 2023-2024.

Assistant City Manager Toney presented the staff report.

Mayor Silverstein opened the floor to public comment.

Speaker: Jo Drummond
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 Grisanti moved, and Councilmember Riggins seconded a motion to approve the use of Set Aside Funds for the Malibu Library for Fiscal Year 2023- 2024. The question was called, and the motion carried unanimously.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Fiscal Year 2023-2024 Wastewater Service Charges
Recommended Action: 1) Conduct the Public Hearing to receive public testimony and consider all protest concerning the adoption of the Engineer’s Report regarding the levy of wastewater services fees through property taxes; and 2) Unless there are protests from majority of the affected property owners, adopt Resolution No. 23- 28 approving the Engineer’s Report and collection of wastewater services charges on the county tax roll for FiscalYear 2023-2024 for City of Malibu Assessment District No. 20 l 5-1 (Civic Center Wastewater Treatment Facility — Phase-1).

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.

MOTION Councilmember Stewart moVed, and Mayor Pro Tem Uhring seconded a motion to adopt Resolution No. 23-28 approving the Engineer’s Report and collection of wastewater services charges on the county tax roll for Fiscal Year 2023-2024 for City of Malibu Assessment District No. 2015-1 (Civic Center Wastewater Treatment Facility — Phase-l). The question was called, and the motion carried unanimously.

ITEM 5 OLD BUSINESS
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A. Review of the Hybrid Meeting Pilot Program and Commission Meeting Transition Plan
Recommended Action: 1) Consider the success of the hybrid meeting pilot program; 2) Provide direction on the format of City Council meetings, if appropriate; and 3) Provide direction on the meeting format for Commission, Committee, and Board meetings.

City Clerk Pettij ohn presented the staff report.

Mayor Silverstein opened the floor to public comment.

Speakers: Ryan Embree and Jo Drummond
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 to direct staff to begin scheduling Planning Commission meetings as hybrid meetings pursuant to AB 361, recommend Planning Commissioners resume meeting in-person; and determine the Council would revisit the meeting format for the other Commissions and Committees.

FRIENDLY AMENDMENT
Councilmember Stewart seconded the motion and moved to direct staff to begin scheduling Planning Commission meetings as hybrid meetings beginning with the July 17, 2023 Regular Planning Commission meeting.

The amendment was accepted by the maker of the motion.

The Council discussed the amended motion and directed questions to staff.

The question was called, and the amended motion carried unanimously.

MOTION Mayor Silverstein moved, and Councilmember Riggins seconded a motion to direct that hybrid meeting procedures allow members of the public participating in the meeting in-person to surrender their opportunity to speak on an item by deferring one minute to another speaker, not to exceed an additional five minutes for any individual speaker. The question was called, and the motion carried unanimously.

RECESS At 8:31 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 8:42 p.m. with all Councilmembers present.

B. Update Regarding Local Coastal Program Amendment No. 16-006 (Sea View Hotel Proiect)
Recommended Action: Provide direction to staff on processing fee MOTION
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waiver/reduction requests for public access or habitat restoration projects requiring a Coastal Development Permit (CDP). Pursuant to 2022 legislation — Assembly Bill (AB) 2160 — an applicant who is a public agency or nonprofit organization may request that the City waive or reduce a coastal development permit fee for a public access project or habitat restoration project. If the request is denied, the applicant may bypass City processing and submit the CDP application directly to the California Coastal Commission.

Planning Director Mollica presented the staff report.

The Council directed questions to staff.

Mayor Silverstein opened the floor to public comment.

Speakers: Norm Haynie, Robert Gold, Jefferson Wagner, John Payne, and Jo Drummond As there were no other speakers present, Mayor Silverstein retumed the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

Councilmember Stewart moved, and Councilmember Grisanti seconded a motion to direct staff to bring back at the June 26, 2023 Regular City Council meeting an ordinance to accept the modified Local Coastal Program Amendment No. 16-006.

The Council discussed the item and directed questions to staff, Mr. Gold, and Mr. Wagner.

FRIENDLY AMENDMENT
Mayor Silverstein moved to bring back the ordinance only if the CCC agrees to direct the money to the City of Malibu or allows the City veto power over how the money is used.

The amendment was not accepted by the maker of the seconder of the motion.

The Council discussed the motion.

The question was called, and the motion carried 4-1, Mayor Silverstein opposed.

NEW BUSINESS (Continued)
Processing Fee Requests per Assembly Bill 2160
Recommended Action: Provide direction to staff on processing fee waiver/reduction requests for public access or habitat restoration projects requiring a Coastal Development Permit (CDP). Pursuant to 2022 legislation — Assembly Bill (AB) 2160 — an applicant who is a public agency or nonprofit organization may MOTION
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request that the City waive or reduce a coastal development permit fee for a public access project or habitat restoration project. If the request is denied, the applicant may bypass City processing and submit the CDP application directly to the California Coastal Commission.

Planning Director Mollica 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 Grisanti moved for requests to be decided by the City Manager with guidance from a City Council policy for implementation of AB 2160.

FRIENDLY AMENDMENT
Councilmember Riggins seconded the motion and moved to direct staff to work with the legislature on clarification regarding the statute.

The maker of the motion accepted the amendment.

The Council discussed the motion and directed questions to staff.

The maker and seconder withdrew the motion.

MOTION Mayor Silverstein moved, and Councilmember Grisanti seconded a motion to direct staff to bring back a resolution which directs that, pursuant to Assembly Bill 2160, any fee which must be waived to avoid bypass ofthe City’s permitting processes is waived.

The Commission discussed the motion.

The question was called, and the amended motion carried unanimously.

ADJOURNMENT
Mayor Silverstein adjoumed the meeting at 10:05 p.m. in memory ofLeah Isaacs and Barry Hilton.

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Approved and adopted by the City Council of the
City of Malibu on January 22, 2024.

STEVE HRING, Mayor

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