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Minutes

Malibu City Council
July 10, 2023

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July 10, 2023
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MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
JULY 10, 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 tloor 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 — Existing litigation pursuant to Government Code Section 54956.9(d)(1):

1. 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)

REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:37 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, Plarming Director; Susan Dueflas, Public Safety Director; Rob DuBoux, Public Works Director; Christina Munoz, Deputy City Clerk; Rob Houston, Interim Deputy City Manager; Loren Davis, Recreation Coordinator; Adrianna Fiori, Recreation Coordinator; Chris Orosz, Recreation Supervisor; Kate Manisco, Recreation Manager; Amanda Rigali, Recreation Coordinator; and Brittany Saleaumua, Administrative Assistant

PLEDGE OF ALLEGIANCE
Councilmember Riggins 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 June 30, 2023.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Community Services Department Update
Community Services Director Riesgo, Recreation Manager Manisco, and Recreation Supervisor Orosz presented Community Services Department updates.

The Council expressed its appreciation for the work done by the Community Services Department.

ITEM 2.A.

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PUBLIC COMMENTS
Kraig Hill stated there were not enough registrations for the adult softball league and suggested more outreach by staff. He discussed Senate Bill 423 which allowed for easier development of multi-family housing and requested the City work with opponents of the bill. He requested Council approve an expense stipend for Planning Commissioners and referenced Malibu Municipal Code Section 2.36.1 10.

He stated that he was told by Council in 201 9 that there was not enough money and that the matter would be revisited.

Ryan Embree discussed the antenna pole in front of Santa Monica College (SMC) and stated it violated the City’s conditions of approval. He requested staff provide an update at each meeting on the status of the tower. He stated many agreements were brought to the Council in June and July and suggested adjustment to the terms ofthe contracts, so they were not all due at the same time. He stated that the Consent Calendar was not the proper place for contract approval.

Mario Sandoval, Mountains Recreation and Conservation Authority (MRCA), stated presented a video from MRCA on coastal access.

Jo Drummond thanked the Community Services Department and expressed appreciation on behalf of the Seawolves Swim Team and the community. She stated that she was glad MRCA provided information on public coastal access, but wished they maintained their properties better. She indicated support for the Planning Commissioner stipend and stated that it might not be needed by some who received other perks. She agreed with Mr. Embree about the antenna pole at SMC which violated City height and color conditions and needed to be removed. She stated variances should not be required for small projects in a landslide area, and did not know why they were being required.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary thanked Community Services Department staff for the presentation. He announced the July l9, 2023 organic waste recycling virtual training and stated that International Plastic Bag Free Day July 3, 2023 kicked off the City’s celebration of Plastic Free July. He reported on flre rebuilds and stated that 261 permits for single-family dwellings were issued, 131 single-family dwellings were complete, 18 multi-family dwelling units were permitted, and 12 multi-family units were complete. He discussed the July 2, 2023 3.8 magnitude offshore earthquake and stated that no damage occurredin Malibu. He stated that City staff met with the Bay Foundation and discussed the dune restoration proj ect.

He provided an update on Assembly Bill 1500 which extended the property tax exemption for homes damaged or destroyed by the Woolsey Fire and stated that it was moving through the legislature and had not encountered opposition. He stated that the State Recycling Association recognized the City as a leader in composting and the California Resource Recovery Association honored Malibu with the Dave Hardy Leadership Award for organics recycling. He reported staff met with State Malibu City Council
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Parks on the Rindge Dam removal proposal which was in early development stages.

He stated that an update on the Baker Tilly development services review was forthcoming. He announced the appointment of Alexis Brown as Deputy City Manager. He announced cancellation of the July 27, 2023 City Council meeting.

He read the City’s statement in response to the Video posted by the MRCA regarding the removal of unpermitted beach access signs installed on Broad Beach Road.

In response to Councilmember Riggins, City Manager McClary stated the City was not contacted by the MRCA before the signs on Broad Beach Road were installed.

He stated that the signs were not removed as agreed by the MRCA after the City informed them that they were not in compliance with safety standards, and the City ultimately removed the unpermitted signs.

In response to Councilmember Stewart, City Manager McClary stated he was not aware of any other unpermitted signs installed by the MRCA and that there were permitted signs placed by the MRCA in other locations that functioned well.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided crime statistics for 2023 and stated that part one crimes decreased 12.4 percent from the year prior. He provided a summary of noteworthy arrests which included two for domestic violence, one residential burglary, eight burglarized vehicles, and multiple stolen vehicles. He reported activities by special assignment deputies, which included foot patrols of Legacy Park and Library parking lot, assisting patrols with calls and traffic stops, and outstanding warrant, parole violation, suspended license, and failure to register a vehicle instate arrests. He reported an animal cruelty arrest was made when a dog was discovered without food or water inside an illegally parked vehicle that was towed to the temporary tow yard.

In response to Councilmember Riggins, Sergeant Soderlund stated that the criminal case needed to be resolved before it was determined what would happen to the dog, but in cases of animal cruelty, pets rarely were returned to their owner.

In response to Mayor Silverstein, Sergeant Soderlund confirmed that all the type one crimes he reported were not committed by Malibu residents.

In response to Councilmember Stewart, Sergeant Soderlund stated there were few maj or incidents over the Independence Day weekend, and most occurred in the late evening and ovemight hours. He reported there was one hit and run that involved a motorcyclist that was hit by a truck and the truck’s driver was arrested, and their vehicle impounded. He commented on a party with 700 attendees that occurred at Nobu restaurant and stated that the Sheriff Department scheduled a meeting with Nobu to discuss communication.

Mayor Silverstein commented on the incident with the dog and stated that persons with mental illness needed better interventions than arrest.

ITEM 2.C.

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Councilmember Grisanti thanked the Sheriff Department for their work over the holiday weekend and commented that the individual arrested in connection with the dog was on a controlled substance.

Councilmember Riggins discussed an incident where the Volunteers on Patrol (VOP) identified an illegal f1re on Point Dume and recognized their efforts.

In response to Councilmember Riggins, Sergeant Soderlund stated that they received numerous illegal fireworks calls and identification of involved parties was difficult due to other calls they attended. He reported that they were exploring the formation of a fireworks suppression unit to target illegal fireworks next year.

Mayor Pro Tem Uhring commended the Sheriff Department for their efforts.

In response to Mayor Silverstein, City Manager McClary stated that the party at Nobu was unauthorized and unpermitted and enforcement action was pending.

Councilmember Stewart stated that a party with 700 attendees could not have been allowed even with a temporary use permit, considering parking requirements.

Mayor Pro Tem Uhring stated that unpermitted activities had occurred at Nobu for many years and solutions proposed were never implemented. He suggested measures to restrict unpermitted activity be discussed by the Public Safety Commission due to traffic safety concerns.

Councilmember Riggins indicated agreement with Mayor Pro Tem Uhring and added that the fine schedule should be examined and be made more punitive to deter the continuation of repeat offenses. She stated that there were complexities that might need to involve the Administration and Finance Subcommittee or Flaming Commission, and that she looked to the City Manager for a suggested course of action.

In response to Mayor Silverstein, Sergeant Soderlund stated that the maj ority of the 700 attendees used private transportation, but there were party buses, limousines, and private coaches parked in the center median of the highway. He stated that the response of one deputy was limited in such a situation.

In response to Mayor Pro Tem Uhring, Interim City Attomey Rusin stated that a Code Enforcement action or a specific proj ect could not be addressed by the Public Safety Commission but issues that pertained to the public road could. He stated that it was a maj or violation of Nobu’s CUP and that it could be examined.

SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he spent the 4th of July weekend on Arson Watch patrol. He stated that everything was quiet until approximately 9:00 p.m. on July 4th when Broad Beach and Zuma Beach erupted in fireworks and that the response Malibu City Council
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ITEM 3
time was long. He stated that they were fortunate that the weather was damp enough that nothing caught fire.

Councilmember Riggins stated she watched the Point Dume 4th of July parade and thanked Pamela Conley Ulich and Paul Major for organizing the parade and thanked the VOPs, Sheriff Department, Fire Department, City staff, and all who participated. She thanked VOPs, Arson Watch, CERT, and community volunteers for their service. She welcomed newly appointed Deputy City Manager Brown.

In response to Councilmember Riggins, Planning Director Mollica stated as required by the coastal development permit (CDP) for the SMC campus, the County applied with the City for required conditional use permit (CUP) for the antennae tower. He stated that the application addressed the color and the lighting issues, but not the City’s height concerns, so a follow up meeting would be scheduled. He stated that the applicant for the County informed the City that it was the County counsel’s opinion that they had approval for that height, because that height was shown on the project plans that went before the Planning Commission. He confirmed that the CUP application would be brought before the Flaming Commission at a public hearing.

Councilmember Stewart discussed the importance of the Point Dume 4th of July parade and thanked parade participants and volunteers. He stated that Arson Watch, VOPs, CERT, other volunteers, and the Sheriff Department were on duty during the holiday weekend and thanked them. ,
Mayor Pro Tem Uhring stated he did not hear many fireworks near him, but he had heard there were unpermitted fireworks on Point Dume into the night and questioned why the Fire Department did not respond. He discussed a neighborhood in the valley Where the Sheriff’s Department issued individual warnings for fireworks in advance of the holiday. He thanked the VOPs for their service and discussed their response to recent incidents. He stated that he missed the California Strategies meeting that morning and that there was much interest in the community about California Senate Bill (SB) 423.

Mayor Silverstein stated that he attended virtual meetings about public school fundraising efforts. He stated that he attended an informational session with Los Angeles County Supervisor Lindsay Horvath’s staff. He stated that he attended the California Strategies meeting that morning and discussed SB 423. He stated that the bill did not have a coastal city exemption and the California Coastal Commission was opposed to the bill. He stated that the Council could not act on the matter formally, as it was not on the agenda, but they were working with their lobbyists to help with the CCC’s obj ections. He discussed drone shows, which were an environmentally safe alternative to fireworks displays.

CONSENT CALENDAR
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Item Nos. 3.A.1., 3.B.8., and 3.B.12. were pulled by the public. Item N0. 3.B.l3. were pulled by the Council.

MOTION Councilmember Riggins moved, and Councilmember Stewart seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.A.1., 3.B.8. 3.B.12., and

3.B.l3. 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
l. 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.

Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 69552-69691 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. 728 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,111,024.20. City of Malibu payroll check number 5353-5355 and ACH deposits were issued in the amount of $280,123.88.

Approval of Minutes
Recommended Action: Approve the minutes for the May 9, 2022 Malibu City Council Regular meeting, May 23, 2022 Malibu City Council Regular meeting, and May 27, 2022 Malibu City Council Special meeting.

Findings to Hold Virtual City Council, Commission, Committee, Board and Other Citv 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 3 6 1 .

Grant Writing Services Agreement with Townsend Public Affairs Inc.

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Townsend Public Affairs Inc. for grant writing SCI‘VlceS.

Los Angeles County Measure R Transportation Funding Agreement Amendment
Recommended Action: Authorize the Mayor to execute the Los Angeles County Measure R Funding Agreement Amendment for the Paciflc Coast Highway Median Improvements Proj ect.

Amendment to Professional Services Agreement for On-Call Land Surveying Services
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with MNS Engineers, Inc. for On-Call Land Surveying Services to extend the term of the existing agreement for 'one year and update the rates.

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9. Amendment to Professional Services Agreements for On—Call Civil Engineering Services
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Kimley Horn & Associates, Inc. and Amendment No. 1 to Professional Services Agreement with Kasraie Consulting for On—Call Civil Engineering Services to extend the term ofthe existing agreements for one-year and update the rates.
1 0. Amendment to Professional Services Agreement with Woodard and Curran Recommended Action: Authorize the Mayor to execute Amendment No. 4 to the Professional Services Agreement with Woodard and Curran to allow for a two—year extension ofthe existing agreement through August 12, 2025, for engineering design services of the Civic Center Water Treatment Facility Phase Two.
l 1. Professional Services Agreements for On—Call Publishing Printing and Mailing Services
Recommended Action: l) Authorize the Mayor to execute an agreement with CR Print, Inc. for publishing, printing and mailing services; and 2) Authorize the Mayor to execute an agreement With Totalgraphics for oncall sign and banner printing services.

14. Annual Progress Report Regarding the Implementation of the City’s Housing Element
Recommended Action: Approve the 2022 Annual Housing Element Progress Report.

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

A. Previously Discussed Items

1. Second Reading and Adoption of Ordinance No. 508
Recommended Action: Conduct second reading, unless waived, and adopt 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 on February 8, 2023 in order to obtain final certification ofthe 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
Mayor Silverstein opened the floor to public comment.

Speaker: Jo Drummond
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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 Fred Gaines, and Norm Haynie.

Councilmember Grisanti moved, and Mayor Pro Tem Uhring seconded a motion to adopt 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 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. The question was called, and the motion carried 4-1 , Mayor Silverstein opposed.

B. New Items

8. Amendment to Professional Services Agreement for On-Call Traffic Engineering Services
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Kimley Hom & Associates, Inc. for On-Call Traffic Engineering Services to extend the term of the existing agreement for one-year and update the rates.

Mayor Silverstein opened the floor to public comment.

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

Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Kimley Horn & Associates, Inc. for On—Call Traffic Engineering Services to extend the term of the existing agreement for one-year and update the rates.

The Council discussed the motion and directed questions to staff.

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The question was called, and the motion carried unanimously.

Professional Services Agreement with American Global Security, Inc.

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with American Global Security, Inc. for professional park security services at City parks, special events, and facility rentals.

12. _Mayor Silverstein opened the floor to public comment.

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

MOTION Mayor Silverstein moved, and Councilme‘mber Riggins seconded, a motion to authorize the Mayor to execute a Professional Services Agreement with American Global Security, Inc. for professional park security services at City parks, special events, and facility rentals.

The Council discussed the item and directed questions to staff.

The question was called, and the motion carried unanimously. 1 3. Resolution Extending the Declaration of the COVID-19 Local Emergency Recommended Action: Adopt Resolution No. 23-36 extending the declaration of the existence of a local emergency.
\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 Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 23-36 extending the declaration of the existence of a local emergency.

The Council discussed the motion and directed questions to staff.

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

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
None.

ITEM 5 OLD BUSINESS
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A. Cnosider Adpotion of a Policy Iner trpeting the Use of Pess ticide as Development Recommended Action: Consider the adoption of the attached draft Council Interpretation regarding the Council’s interpretation of the use of pesticides pursuant to Local Coastal Program (LCP) Land Use Policy Policy 3.18 as “development” in the LCP Local Implementation Plan.

Flaming Director Mollica presented the staff report.

The Council directed questions to staff.

Mayor Silverstein opened the floor to public comment.

Speakers: Kian Schulman, Joel Schulman, Patt Healy, Doug Carstens, 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 and Ms. Schulman.

MOTION Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion to adopt a Local Coastal Program Interpretation regarding the Council’ s interpretation of the use of pesticides pursuant to Local Coastal Program (LCP) Land Use Policy Policy

3.18 as “development” in the LCP Local Implementation Plan.

The Council discussed the motion and directed questions to staff.

FRIENDLY AMENDMENT
Mayor Silverstein moved to: 1) delete the Issue section; and 2) amend the Interpretation section to read: “The outdoor use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substance is “development” as used in LIP Section 13.3 where the application of such substances would have the potential to significantly degrade Environmentally Sensitve Habitat Areas (ESHA) or coastal water quality or harm wildlife. Such development is also not considered to be “maintenance” under LIP Section 13.4.2 and therefore, a Coastal Development Permit is required prior to such use.” The amendment was accepted by the seconder of the motion.

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

Mayor Silverstein moved to add a note that the interpretation was adopted by the City Council on July 10, 2023.
l FRIENDLY AMENDMENT
The amendment was accepted by the seconder of the motion. i
RECESS
ITEM 6
MOTION
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The Council discussed the amended motion and directed questions to staff.

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

At 8:55 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 9:07 pm. with all Councilmembers present.

NEW BUSINESS
Update Regarding Local Coastal Program Amendment No. 21-002 (Malibu Middle and High School Camnus Specific Plan)
Recommended Action: 1) Receive an update on the Malibu Middle and High School (MMHS) Campus Specific Plan; 2) Review the California Coastal Commission’s (CCC’s) staff request for a one-year time extension to act on the MMHS Campus Specific Plan Local Coastal Program Amendment (LCPA) (LCPA No. LCP-4-MAL-22-043-1); and 3) Direct City staff to submit a letter to the CCC opposing the one-year extension and for the CCC to direct its staff to prioritize the MMHS Campus Specific Plan for consideration during the September 2023 CCC hearing.

Flaming 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.

Mayor Silverstein moved, and Councilmember Stewart seconded a motion to authorize the Mayor to submit a letter to the California Coastal Commission (CCC) opposing the one-year extension and for the CCC to direct its staff to prioritize the MMHS Campus Specific Plan for consideration during the September 2023 CCC hearing.

The Council discussed the motion and directed questions to staff.

The question was called, and the motion carried unanimously.

Amendment No. 1 to the Employment Agreement for Citv Manager Services between the City of Malibu and Steven L. McClarv
Recommended Action: Approve the Amendment to the June l3, 2022, City Manager Employment Agreement.

Interim City Attorney Rusin presented the staff report.

Mayor Silverstein opened the floor to public comment.

Speaker: Ryan Embree
MOTION
Malibu City Council
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As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

Councilmember Riggins moved, and Councilmernber Grisanti seconded a motion to approve the Amendment to the June 13, 2022, City Manager Employment Agreement.

The Council discussed the item.

ITEM 7
The question was called, and the motion carried unanimously.

COUNCIL ITEMS
None.

ADJOURNMENT
Mayor Silverstein adjourned the meeting at 9: l 9 pm.

Approved and adopted by the City Council of the
Ci libu on February 12, 2024.

VE UHRING, Mayor / fE

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