MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
JUNE 26, 2023
COUNCIL CHAMBERS
5:00 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 5:00 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 5:01 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with Legal Counsel — Existing litigation pursuant to Government Code Section 54956.9(d)(1):
I. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD Conference with Legal Counsel — Anticipated Litigation
1. 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 potential cases: (1)
2. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9 Number of potential cases: (1)
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Personnel Matters pursuant to Government Code Section 54957:
Public Employee Performance Evaluation
Title; City Manager
REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:39 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 ALSO PRESENT: Trevor Rusin, Interim City Attomey; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Duefias, Public Safety Director; Rob DuBoux, Public Works Director; Jason Lawrence, Deputy City Clerk; and Tracey Rossine, Environmental Programs Manager
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Uhring led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attomey Rusin reported that the meeting convened at 5:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Sections 54956.9(d)(1), 54956.9(d)(2), and 54957 with all Councilmembers present. He stated there was no reportable action.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on June 12, 2023, with the amended agenda posted on June 22, 2023.
APPROVAL OF AGENDA
MOTION Councilmember Stewart moved, and Councilmember Grisanti seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
None.
ITEM 2.A.
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PUBLIC COMMENTS
Jo Drummond discussed the antennae tower at Santa Monica COllege (SMC) and requested the tower be reviewed by the City Council or Public Works Commission.
She inquired when the County was notified by City staff that it was not in compliance. She discussed delays in permitting her deck project and stated that she did not understand why it took so long to permit such a small project.
Carl Randall, Chair of the Malibu Facility District Advisory Committee (FDAC), stated that they were tasked with building the new high school and designing the four-phase project for the entire high school and middle school area. He expressed his concern about the impact that the California Coastal Commission’s (CCC) consideration of a one-year extension would have on the project, and stated the delay would cost $13,000,000. He stated that the August 2024 opening of the high school was delayed until August 2025, and it was expected to be delayed even further. He requested that the Council do anything they could to help, because it was ultimately their Local Coastal Program Amendment (LCPA) as well.
In response to Mayor Pro Tem Uhring, Mr. Randall stated that the FDAC was seemingly intentionally excluded from conversations with the CCC who was working directly with the City.
Stacy Rouse, Malibu FDAC member, discussed the potential delay to the Malibu High School (MHS) LCPA and requested intervention from the Council on behalf of the project. She stated that the cost to the taxpayers was astounding, and it was supported by 70 percent of those who voted, so it was something that the City wanted. She stated that the school district, local schools, and the City worked together to get public input on the important project and that it would serve the community. She stated that she wanted governmental agencies to work together for the good of their citizens. She stated that she would do whatever she could to support them in that effort and asked the Council to show their support.
In response to Mayor Silverstein, Ms. Rouse stated that the bond that passed in 2018 was for $195,000,000, which was a large portion of funds going to the first two phases of the project.
Mayor Silverstein inquired if the $195,000,000 was earning some type of return that would help offset some of the loss from the delays.
In response to Mayor Silverstein, Mr. Randall stated the bond funds would not be pulled until they were further into the project and the $13,000,000 figure was the loss estimated by their experts and staff from cost escalations and delays.
In response to Councilmember Stewart, Mr. Randall stated the high school construction project would cost approximately $110,000,000, and $115,000,000 was the hard cost.
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Stan Smith discussed challenges he encountered during the process of trying to rebuild like for like within the legal previously built footprint home that was lost in the Woolsey Fire. He stated that he appreciated the previously granted extensions and requested the Council approve an additional extension ofthe Woolsey Fire fee waiver program. He discussed delays to his family’s settlement with Southern California Edison and insurance challenges. He discussed his family’s ties to the community and their desire to remain in Malibu.
Lonnie Gordon discussed wireless communications facilities in Malibu and the telecommunications companies’ promise of wireless coverage everywhere. She discussed the City’s Wireless ordinances and the difference between right-of-way and private property regulations. She discussed potential health risks and effects of exposure to radio frequencies and wireless radiation. She stated that the Malibu for Safe Tech group of activists and experts worked with the City on ordinances, which included one for facilities in the public right-of-way and a more robust ordinance for facilities on private property. She stated that enhancements to the right-of-way ordinance had yet to be incorporated, as the City decided to wait until the CCC approved the 2021 residential revisions. She stated that the current staff status report had 26 applications inside the residential areas, with more along the major streets like Pacific Coast Highway (PCH) and that staff expected between 50 to 100 more applications immanently, many those in residential areas. She requested that the Council place an item on the agenda for discussion.
W. Scott McCollough stated that he was a telecommunications lawyer and worked with residents, staff, and City Council on the wireless ordinance update two years prior. He discussed current Wireless rules as they related to residential areas. He requested Council schedule an item to hear an update from staff on the ordinance, direct staff to recognize residents’ rights to fully participate, and provide timely access to documents. He stated that he was involved with residents on Carbon Mesa Road and followed applications in the city and participated in select cases to assist staff. He commented on the challenges of obtaining timely information from the City. He discussed public safety issues that surrounded telecommunications facilities.
Jenny stated that she spoke to City Council in 2020 and 2021 regarding the seemingly unchecked build out of cell towers. She stated that tremendous work went into the urgency ordinance and Resolution No. 21-17, yet there was a proliferation of telecommunications facilities in neighborhoods, along PCH and Kanan Dume Road, and at the SMC campus. She stated there was no gap in cell coverage anymore to warrant more cell sites, and it was now about one telecommunications company trying to outpace another. She requested that the City Council place an item on the agenda that addressed unfinished business and stated that the community relied on the Council for protection of the residents, children, property values, views, health, and fire safety.
Stephanie Sunwoo discussed concerns about the proliferation Wireless Communications Facilities (WCF) in residential areas and near schools. She stated MU
ITEM 2.B.
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that she and her neighbors wanted to know What the City Council was doing to make their lives safer with the large influx of cell towers. She requested public records be made available to the community, particularly those that offered proof that staff did their utmost to ensure that cell towers were safe and protected the city from fire. She requested the matter be put on the agenda for a full hearing, including when the City planned on finishing the upgrade to the wireless ordinance.
Ryan Embree discussed the communications tower in front of SMC which belonged to Los Angeles County and had no relation to activities at the college. He stated that it was an eyesore and nearly three times the height of what was allowed under the City’s approval. He stated that it was represented as 75 feet in height on the application to the City, and 91 feet in height on the application to the Federal Aviation Administration (FAA). He stated that the FAA conditioned the tower to have a flashing light on top and be painted colors that conflicted with the City’s conditions of approval. He stated that it was a safety hazard to the existing nearby helipad. He requested compliance or removal of the tower as it was a public safety hazard, nuisance, and violation of local and federal law. He requested the Council direct the Planning Director to hold a publicly noticed revocation hearing before the Planning Commission.
Tim Pera, Mountains Recreation Conservation Authority (MRCA), provided the ranger report. He reported over the past weeks, rangers responded to three rescues with Los Angeles County Fire at Escondido Canyon Trail due to ankle injuries. He reported additional rangers and patrols were implemented at Escondido Trail during the high-traffic weekends for enhanced public safety and traffic control. He reported several illegal parking citations were issued. He reported that rangers continuously patrolled beach access areas daily and issued four citations for people having dogs on the beach and four citations for possession of alcohol at La Chuza Beach and Carbon La‘Costa.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Lotte Cherin, Cultural Art Commission, reported that the Commission reviewed, made minor revisions, and approved its work assignments. She stated that the Poet Committee’s Poet Laureate candidate recommendation would be reviewed by the Arts Commission before seeking Council approval. She encouraged the Council to View the Jane Seymour art exhibit.
City Manager McClary reported that he attended a meeting of the Las Virgenes- Malibu Council of Governments (COG), where they adopted their budget, approved a letter opposing the Los Angeles County Board of Supervisors motion to depopulate the jails, and received an update on efforts to update their hazard mitigation plan. He reported that he, Mayor Silverstein, and Councilmember Riggins met with CCC staff, and met new CCC Executive Director Dr. Kate Huckelbridge, who planned to visit and tour Malibu. He stated that they discussed the City’s short-term rental (STR) ordinance and the Sea View Hotel project. He announced that the City of Malibu would be closed on July 4, 2023 for the Malibu City Council
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Independence Day holiday. He stated that the pesticide ban Local Coastal Program Amendment (LCPA) policy interpretation would be discussed at the July 10, 2023 City Council meeting. He requested the Council consider directing staff to bring forward an item on the July 10, 2023 meeting agenda to consider taking a position on the CCC extension request for the high school and middle school project. He discussed progress on Assembly Bill 1500, for property tax exemption for homes damaged or destroyed in the Woolsey Fire. He stated that he appreciated the report from the MRCA ranger, and that the City’s Public Safety staff was documenting issues in and around the Winding Way and the Escondido Falls trailhead and noted more than 400 parking citations over the past few months, and at least seven rescues on the trail since the beginning ofthe year. He stated that City staffwould schedule a meeting with MRCA staff to discuss issues and needed safety improvements. He stated that staff would meet with the Los Angeles County Sheriff Department and the Department ofBeaches and Harbors to discuss Zuma Beach traffic management for the holiday weekend and thereafter. He stated that the Busch Drive entrance was closed due to stream water flowing through the underpass and stated that the Westward Beach entrance might still be closed during the upcoming weekend due to issues with the concrete path. He stated that there were concems about traffic backing up onto PCH, and that they would strategize with the Department of Beaches and Harbors and the Sheriff Department to mitigate potential hazards. He announced that all required Planning Department applications for Woolsey Fire rebuild fee waiver projects needed to be deemed complete by the June 30, 2023 deadline, and all required building permits needed to be pulled and issued by December 30, 2023. He stated that there were no firework permits or planned displays off of the coast this year for the July 4, 2023 Independence Day holiday.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided an update on activities by the special assignment deputies over the past two weeks. He reported the aftemoon deputies made five misdemeanor arrests and conducted numerous traffic stops. He stated that on June 16, 2023, during a vehicle burglary investigation, they arrested an individual in possession of stolen property and narcotics. He reported that the overnight special assignment deputies made two misdemeanor arrests, assisted regular patrol units with calls, and made a felony arrest of an individual who they contacted about a shopping cart violation on June 22, 2023 during a foot patrol at Legacy Park. He stated that the individual had two outstanding no-bail warrants for narcotics, and one misdemeanor warrant. He reported that on June l9, 2023, in response to an individual trespassing in yards at 31 100 Broad Beach Road, the Sheriff helicopter with multiple deputies contained the area and the suspect was found hiding between rocks on the beach. He stated that deputies found that he had broken into two houses, he was arrested and charged with burglary, and was still in jail. He provided beach team statistics for the prior weekend and reported 55 alcohol on the beach citations, 64 traffic citations, and 132 parking citations were issued, and 18 vehicles were towed. He stated that the Sheriff Department would be out in full force over the Independence Day holiday weekend. He reported that deputies responded the prior Saturday to a domestic violence in progress incident at Geoffrey’s restaurant. He stated that the suspect was arrested for suspicion of domestic violence and for possession of a loaded 45 Malibu City Council
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caliber semiautomatic pistol which was found in the vehicle.
In response to Councilmember Stewart, Sergeant Sutherland discussed the temporary day-use impound yard at Malibu High School and stated that it was invaluable for clearing vehicles off PCH, traffic flow, and accident prevention.
Mayor Pro Tem Uhring commented on noise from PCH and encouraged the Sheriff Department to do what they could to reduce noise.
ITEM 2.C.
Councilmember Grisanti commented on minibikes without license plates and some riders without helmets that the Sheriff Department turned back and escorted north out of Malibu.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended a Topanga Watershed proj ect meeting two weekends prior and met with State Parks staff and discussed low-cost Visitor serving accommodation projects that could be eligible for funding in the future. He reported that he attended the COG meeting. He reported that he attended the Sidewalk Session event with Assemblymember Jacqui Irwin and Fire Department Chief Drew Smith on June 24, 2023.
Councilmember Stewart reported that he attended the Administration and Finance Subcommittee meeting and reviewed the budget. He reported that he viewed the Topanga Watershed meeting presentation and attended the COG meeting as an alternate. He stated that he participated with Mayor Pro Tem Uhring in a virtual presentation with local school leaders regarding fund raising efforts in support of school athletic programs. He discussed the one-year delay in building MHS and stated that since the bond was approved November 8, 201 8 the cost of construction increased 30 percent, and plans may need to be pared back or more funds raised. He stated that public and private projects were impacted by delays due to increased costs and inflation. He stated that the City was constrained by federal law regarding wireless communication facilities (WCF), but public records needed to be made available to those concerned who requested access to the documents. He discussed California Highway Patrol vehicles that were visible in the City and expressedhis appreciation.
Councilmember Riggins stated that she attended Assemblymember Irwin’s greeting event and it was good to discuss issues with her. She stated she attended the Malibu Creek Restoration meeting and discussed potential impacts the planned removal of the Rindge Dam would have on Malibu. She stated that she attended the local school education funding proposal presentation.
Mayor Pro Tem Uhring reported that he attended the weekly Califomia Strategies meetings. He stated that he attended the Malibu Creek Restoration meeting and was impressed by the team and their proposal. He stated that he spoke with Steve Massetti about CCC delays to the MHS project. He discussed the State Assembly Malibu City Council
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Bill which would allow speed cameras as a pilot program and stated that he hoped Malibu would be included in the program in the future. He discussed a letter he received about the farmers’ market and stated he thought they were doing a good job and he hoped it would remain 'at Legacy Park. He discussed the negative impacts of corporate-owned STRs on communities and neighborhoods. He discussed the Planning Commission’s election of Chair and Vice Chair at the June 19, 2023 Planning Commission meeting and commented on Commissioner Mazza’s volunteerism and contributions to the City.
Mayor Silverstein stated he attended an Administration and Finance Subcommittee meeting and a meeting on public school funding. He stated that he attended California Strategies virtual meetings and a virtual meeting with CCC staff to discuss STRs. He discussed concerns that public documents were not made available and voiced his confidence that staff would not intentionally hide documents but was concerned information was not readily available due to organizational or staffing issues.
In response to Mayor Silverstein, City Manager McClary stated that the documents in questio‘n might have been draft applications that were a work product and not considered a public record but assured him that anything that was public record request would be complied with.
In response to Mayor Silverstein, Interim City Attorney Rusin stated that the materials in question may have been copywritten materials produced for in-person review. He stated that until such materials were presented at a Planning Commission meeting, or an approval issued, the copywrite applied and they would not be able to be reproduced or mailed to requesting parties. w
Mayor Silverstein requested specific information on the documents that requesting parties felt were denied but were legally entitled to. He stated that a few months prior he requested an item be placed on an agenda about conforming the wireless right-of-way ordinance to the non-right-of-way ordinance. He stated the right-ofway ordinance was adopted on an accelerated basis, and they then did the non-rightof-way ordinance and looked at it more carefully, and the first one needed to be made consistent with it. He stated that it had made more sense to wait until the CCC approved the ordinance before the City started making changes, but if that was not going to happen soon, they should proceed with bringing it forward without the CCC review.
In response to Mayor Silverstein, Planning Director Mollica discussed the WCF LCPA extension through November 2023. He stated that the CCC passed a oneyear extension in November 2022, and he spoke against it and that the City understood that CCC staff was burdened and offered to help them to get it on track, but the extension was approved. He stated that staff had requested feedback, but none was provided, and stated that he would follow up with them.
Mayor Silverstein thanked him, and stated November 2023 was coming up a lot Malibu City Council
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sooner than when he flrst spoke about the matter many months ago.
CONSENSUS
By consensus, the Council directed staff to bring back an item at the August 14, 2023 Regular meeting to receive-a report from staff and consider giving direction on modifying the Wireless Communication Facility right-of-way ordinance.
In response to public comment, Mayor Silverstein indicated support for proving additional relief for residents eligible for a Woolsey Fire Rebuild fee waiver and stated that litigation with SCE lasted much longer than anyone anticipated and residents who wished to rebuild like-for—like.
ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.5., 3.B.7., 3.B.12., and 3.B.16. were pulled by the public. Item No.
3.B.2. was pulled by the Council.
MOTION Mayor Silverstein moved, and Councilmember Riggins seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.2., 3.B.5., 3.B.7., 3.B.12., and
3.B.16. The question was called, and the motion carried unanimously, Councilmembers Riggins and 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.
3. Approval of Minutes
Recommended Action: Approve the minutes for the April 13, 2022 Malibu City Council Special meeting, April 25, 2022 Malibu City Council Regular meeting, and April 27, 2022 Malibu City Council Special meeting.
4. Findings to Hold Virtual City Council, Commission. Committee, Board and Other City Bodies. 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.
6. Professional Services Agreement with Rincon Consultants. Inc.
Recommended Action: Authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. to provide water quality monitoring services for the Civic Center Wastewater Treatment Facility.
8. Amendment to Agreement with True North Compliance Services. Inc. to Provide Professional Consulting Plan Check Services
. moved slowly. He suggested staff develop a limited further waiver for certain Malibu City Council
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Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with True North Compliance Services to allow for a one-year extension of the existing agreement through June 30, 2024. Professional Services Agreement for Solid Waste Consulting Services Recommended Action: l) Authorize the Mayor to execute a professional services agreement with Solid Waste Solutions, Inc. to provide primary solid waste consulting services; and 2) Authorize the Mayor to execute a professional services agreement with SCS Engineers as a secondary consultant.
10. Amendment to License Agreement for Radio Transmitter Site Recommended Action: Authorize the Mayor to execute an amendment to a license agreement with Point Dume Ltd. to extend the license term for an additional ten-year period. ll. Amendment to Professional Services Agreement with NVS, Inc. Recommended Action: Authorize the Mayor to execute Amendment No. l to the Professional Services Agreement with NVS, Inc. to modify their scope of work for the Pacific Coast Highway Median Improvements and Pacific Coast Highway Signal Synchronization System Improvements Projects.
City Hall Closure — July 3, 2023
Recommended Action: Authorize closing City Hall on Monday, July 3, 2023.
Investment Report for the Month Ending May 3 l , 2023 Recommended Action: Receive the Investment Report for the month ending May 31, 2023.
15. Fiscal Year 2022-2023 Third Quarter Financial Report Recommended Action: Receive and file the Fiscal Year 2022-23 Third Quarter Financial Report
The following items were pulled from the consent calendar for individual consideration:
l3.
l4.
q
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 69429-69551 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. 727 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $757,138.00. City ofMalibu payroll check number 5349-5352 and ACH deposits were issued in the amount of $1,426.13.
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 directed questions to staff.
.
MOTION
MOTION
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Mayor Pro Tem Uhring moved, and Councilmember Grisanti seconded a motion to allow and approve warrant demand numbers 69429-69551 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. 727 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $757,138.00. City of Malibu payroll check number 5349-5352 and ACH deposits were issued in the amount of $1,426.13. The question was called, and the motion carried unanimously.
Commission Work Assignments for Fiscal Year 2023-24
Recommended Action: Approve work assignments for the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission and Public Works Commission for Fiscal Year 2023-24.
Mayor Silverstein opened the floor to public comment.
Speakers: Jo Drummond and Ryan Embree
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.
Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve work assignments for the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission (as amended to add an assignment to consider potential uses for the Equestrian Park), Public Safety Commission, and Public Works Commission (as amended to add an assignment to evaluate needs and coverage for cellular and internet services and make a recommendation to the City Council) for Fiscal Year 2023-24.
The Council discussed the motion and directed questions to staff.
The question was called, and the motion carried unanimously.
Amendment to Agreement with Cotton, Shires & Associates to Provide Professional Consulting Geolggy Services
Recommended Action: Authorize the Mayor to execute Amendment No. l to Agreement with Cotton, Shires & Associates to allow for a one-year extension of the existing agreement through June 30, 2024, and to update the rates for professional services.
Environmental Sustainability Director Bundy presented the staff report.
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Te Council directed questions to staff and Mike Phipps, Cotton, Shires & Associates.
MOTION
l2.
Mayor Silverstein opened the floor to public comment.
Speakers: Marissa Coughlan, Jo Drummond, Kim Durst, Ryan Embree, and Howard Rudzki 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. Phipps.
Councilmember Riggins moved, and Councilmember Stewart seconded a motion to authorize the Mayor to execute Amendment No. l to Agreement with Cotton, Shires & Associates to allow for a one-year extension of the existing agreement through June 30, 2024, and to update the rates for professional services.
The Council discussed the motion and directed questions to staff.
The question was called, and the motion carried unanimously.
Award Aggeement for Wireless Communication Facility Application Review Services Recommended Action: Authorize the Mayor to execute the Professional Services Agreement with Center for Municipal Solutions for Wireless Permit and Wireless Right-of-Way Permit application review services for a period of five years.
MOTION
Mayor Silverstein opened the floor to public comment.
Speakers: Vanessa Garcia, Lynn Dornhelm, and W. Scott McCollough 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.
Mayor Silverstein moved, and Councilmember Grisanti seconded a motion to authorize the Mayor to execute the Professional Services Agreement with Center for Municipal Solutions for Wireless Permit and Wireless Right-of- Way Permit application review services for a period of five years. The question was called, and the motion carried unanimously. l6. Broad Beach Geological Hazard Abatement District Status h
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Recommended Action: Receive an update on the Broad Beach Geological Hazard Abatement District.
Public Works Director DuBoux presented the staff report.
The Council directed questions to staff.
Mayor Silverstein opened the floor to public comment.
Speakers: Pam Eilersim, Mikke Pierson, Ken Ehrlich, Tim Biglow, and Hans Laetz 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 and Mr.
Ehrlich.
Mayor Silverstein received and filed the update on the Broad Beach Geological Hazard Abatement District.
RECESS At 9:43 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 9:59 p.m. with all Councilmembers present.
ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Proposed Budget for Fiscal Year 2023-24
Recommended Action: l) Adopt Resolution No. 23-30 adopting the Annual Budget for Fiscal Year 2023-24; 2) Adopt Resolution No. 23—31 establishing the Appropriations Limit for Fiscal Year 2023-24; 3) Adopt Resolution No. 23-32 approving the Fiscal Year 2023-24 Authorized Positions and Salary Ranges and the Deputy Public Works Director-Maintenance and Operations, and Engineering Technician Job Specifications; 4) Adopt Resolution No. 23-33 establishing the City’s CalPERS Contribution Portion; and 5) Adopt Resolution No. 23-34 amending the Personnel System Rules.
Assistant City Manager Toney 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.
By consensus, the Council directed staffto bring back an item to consider adopting Juneteenth as a holiday in the City of Malibu. 1 i CONSENSUS
l
r MOTION
B MOTION
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Mayor Silverstein moved, and Councilmember Riggins seconded a motion to: 1) adopt Resolution No. 23-30 adopting the Annual Budget for Fiscal Year 2023-24; 2) adopt Resolution No. 23-31 establishing the Appropriations Limit for Fiscal Year 2023-24; 3) adopt Resolution No. 23-32 approving the Fiscal Year 2023-24 Authorized Positions and Salary Ranges and the Deputy Public Works Director- Maintenance and Operations, and Engineering Technician Job Specifications; 4) adopt Resolution No. 23-33 establishing the City’s CalPERS Contribution Portion; and 5) adopt Resolution No. 23-34 amending the Personnel System RulesQThe question was called, and the motion carried unanimously.
Collection of Fees for the Implementation of the Califomia Integrated Waste Management Act Within the Malibu Garbage Disposal District Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 23-35 authorizing collection on the County Tax Roll of a fee from residential and commercial premises for the cost of preparing, adopting and implementing the City’s Source Reduction and Recycling Element and Household Hazardous Waste Element imposed by Resolution No. 03-30.
Environmental Sustainability Director Bundy 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.
Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 23-35 authorizing collection on the County Tax Roll of a fee from residential and commercial premises for the cost of preparing, adopting, and implementing the City’s Source Reduction and Recycling Element and Household Hazardous Waste Element imposed by Resolution No. 03—30. ‘The question was called, and the motion carried unanimously.
Consideration of Local Coastal Program Amendment No. 16-006 (Sea View Hotel Project) Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 508, an ordinance of the City of Malibu amending Local Coastal Program Amendment (LCPA) No. 16-006 as adopted by Ordinance No. 491 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 in order to obtain flnal certification of the submitted LCPA application to amend the Local Coastal Program Land Use Map to revise the zoning designation from Commercial General to Commercial Visitor Serving-2, amend the Local Implementation Plan and to create a new Sea View Hotel Overlay District with associated development standards, including the proposed floor area ratio of 0.52 for the public benefits provided by the project for 22741 and 22729 Pacific Coast Highway, and finding the action to require no further environmental review and/or to be exempt from such review under the California environmental quality act; 2) Direct staff to schedule a second reading and adoption of Ordinance No. 508 for the July 10, 2022 Malibu City Council
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Regular City Council meeting; and 3) Direct staff to notify the CCC when the LCPA has been adopted.
Planning Director Mollica presented the staff report.
Mayor Silverstein opened the floor to public comment.
Speakers: David Kramer (Andrew Kramer deferred time to David Kramer), Steve Wiseman, Jefferson Wagner, Robert Gold, Bill Curtis, Fred Gaines (Luis Tena and Carrie Kim deferred time to Mr. Gaines), Norm Haynie, Scott Dittrich, Ellen Wolf, and Rick Mullen MOTION
MOTION
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. Gaines.
Mayor Silverstein moved to request an extension from the California Coastal Commission.
The motion died on the floor due to lack of a second.
The Council discussed the item and directed questions to staff.
Councilmember Grisanti moved, and Councilmember Stewart seconded a motion to 1) introduce on first reading Ordinance No. 508, an ordinance of the City of Malibu amending Local Coastal Program Amendment (LCPA) No. 16-006 as adopted by Ordinance No. 491 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 in order to obtain final certification of the submitted LCPA application to amend the Local Coastal Program Land Use Map to revise the zoning designation from Commercial General to Commercial Visitor Serving-2, amend the Local Implementation Plan and to create a new Sea View Hotel Overlay District with associated development standards, including the proposed floor area ratio of 0.52 for the public benefits provided by the project for 22741 and 22729 Pacific Coast Highway, and finding the action to require no further environmental review and/or to be exempt from such review under the California environmental quality act; 2) direct staff to schedule a second reading and adoption of Ordinance No. 508 for the July 10, 2023 Regular City Council meeting; and 3) direct staffto notify the CCC when the LCPA has been adopted.
The’Council discussed the motion.
City Attorney Rusin read the title of the ordinance.
The question was called, and the motion carried 4-1, Mayor Silverstein opposed.
Malibu City Council
Minutes of June 26, 2023
ITEM 5 OLD BUSINESS
None.
ITEM 6 NEW BUSINESS
None.
ITEM 7 COUNCIL ITEMS
None.
ADJOURNMENT
Mayor Silverstein adjourned the meeting at 11:15 p.m.
Approved and adopted by the City Council of the
City of Malibu on
STEVE UHRING, Mayor ATTEST:
KELSEY PETTIJOHN, City Clerk
(seal)
Malibu City Council
Minutes of June 26, 2023
ITEM 5 OLD BUSINESS
None.
ITEM 6 NEW BUSINESS
None.
ITEM 7 COUNCIL ITEMS
None.
ADJOURNMENT
Mayor Silverstein adjourned the meeting at 11:15 pm.
Approved and adopted by the City Council of the
Cit f Mal' on January 22, 2024.
STEVE UHRING Mayor § ATTEST
KELSEV MMP 101gW
,
‘Clty Clerk
(seal