MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
AUGUST l4, 2023
COUNCIL CHAMBERS
6:30 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 5:45 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 5:46 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with Legal Counsel — Anticipated litigation
1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9
Number of cases: (1)
REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:30 p.m.
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
ROLL CALL
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ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Flaming Director; Rob DuBoux, Public Works Director; and Christina Munoz, Deputy City Clerk
PLEDGE OF ALLEGIANCE
John Mazza led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:45 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 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 August 3, 2023, with the amended agenda posted on August 11, 2023.
APPROVAL OF AGENDA
MOTION Mayor Pro Tem Uhring moved to approve the agenda.
FRIENDLY AMENDMENT
Councilmember Grisanti seconded the motion and moved to adjourn the meeting in memory of long-time Malibu resident Almette O’Malley.
FRIENDLY AMENDMENT
Councilmember Riggins moved to also adjourn the meeting in support of the residents of Maui and the islands of Hawaii.
FRIENDLY AMENDMENT
Mayor Silverstein moved to remove Item No. 4.A. and to reorder the agenda to hear Item Nos. 7.A. and 7.B. after Item No. 6.C.
The amendments were accepted by the maker and the seconder of the motion.
The question was called, and the amended motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of 2023 Jake Kurediian Citizenship Award Parks and Recreation Commission Chair Dane Skophammer presented the 2023 Malibu City Council
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Jake Kuredjian Citizenship Award to Larry Wan on behalf of Sara Wan.
Mr. Wan thanked the Council for recognizing Ms. Wan for her contributions.
ITEM 2.A.
Presentation on Covote Response Plans
Rebecca Dmytryk, Humane Wildlife Control, provided a presentation on Coyote Response Plans.
PUBLIC COMMENTS
Ted Nordblum introduced himself and discussed his campaign for State Assembly in District 42 and requested the community’s support.
Mario Sandoval, Mountains Recreation and Conservation Authority (MRCA), presented Malibu Barbie camping playsets to the Councilmembers on behalf of Joe Edminston. He discussed the lack of public campgrounds in Malibu.
Hans Laetz discussed the Wildfires on Maui and emergency alerts that were not heard due to power outages. He stated KBUU was looking into the software system Alert FM that would transmit emergency alerts originating from the City using KBUU’s FM radio frequency to emergency radio devices during an emergency which also worked with California’s earthquake alert system. He stated that the system was dependent on KBUU having a strong radio signal and discussed the need for a radio booster in eastern Malibu for emergency communications.
Norm Haynie discussed the special event permit for a wedding at 31100 Broad Beach Road. He stated that'the set up and teardown for the event was now expected to be completed during the eight-hour event timeframe, whereas previously, it was planned to be completed in the days before and after the event. He stated that event arrangements were made with the previous policy in mind which conflicted with the new interpretation and would be highly impactful to the event hosts and guests.
Dane Skophammer thanked staff and the Council for their work on the temporary snack shack at Bluffs Park and requested continued support for the permanent snack shack proj ect.
Kraig Hill discussed emergency preparedness and awareness in advance of fire season. He stated that firefighting helicopters were available in southern California year-round, with pilots standing by around the clock. He discussed the fire on Maui and the importance of backup generators for water pumps located where they were' effective and not shifted around. He requested an update on underground placement of power lines, covered conductors, and insulated power lines.
Terry Davis discussed correspondence related to fire preparedness. She stated that radio reception was not available in Big Rock even with additional enhanced antennas, and additional measures were needed including an evacuation plan. She ITEM 2.B.
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discussed improved flre prevention regulations and better enforcement of codes.
She stated that she observed an unpermitted party on July 4, 2023 in Big Rock while on arson watch and another party was held on the property the past weekend.
Tim Pera, MRCA, presented the ranger report for the past two months and stated that ten citations were issued at La Chuza Beach for dogs on the beach and possession of alcohol, and 12 citations at Escondido Canyon for illegal off-trail use.
He stated they patrolled for illegal parking and cited as needed, and that no homeless encampments were observed. He stated that one service call was generated which involved signage concerns.
Stuart Halperin discussed overgrown brush between Bluffs Park and Malibu Road which blocked a hiking path. He stated that he contacted the City, who referred him to the MRCA, who indicated they would try to help, but after many months, it was not addressed.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
City Manager McClary stated staff that was working with the grant writing firm Townsend Public Affairs. He provided an update on underpass access to Zuma Beach and stated that it was still closed due to flooding and signage was placed that alerted visitors to use the left turn lane. He provided an update on the Malibu High School proj ect and stated that the City was working with the Santa Monica-Malibu Unified School District and the California Coastal Commission (CCC). He reported that Bluffs Park playground was closed that week for maintenance. He announced the summer movie series would conclude on August 19, 2023 at Bluffs Park with a screening of The Karate Kid. He announced the Shifting Tides art exhibit would conclude on August 25, 2023. He announced that the Baker Tilly development services review would be presented at the August 28, 2023 City Council meeting.
He stated that the School Safety Report was complete and being reviewed by school district officials and a summary would be presented at the September 11, 2023 Council meeting. He thanked the public speakers for their comments on the f1res on Maui and stated that thoughts and prayers were with those impacted. He commented on emergency preparedness in advance of the National Preparedness Month of September. He encouraged community preparation for wildfire season and stated that information was available on the City’s website. He announced a free structure availability assessment training Would be held on August 30 and 3 1, 2023. He stated that home wildfire hardening assessments were available through the City’s Public Safety Department. He announced a Firewise workshop would be held on August l7, 2023 in Camarillo. He stated that there were new evacuation zone maps for Malibu, and that informational cards would be mailed to all households. He encouraged residents to take the disaster preparedness survey available on the City’s website through August 31, 2023. He announced weekly tests of the Everbridge disaster notification system during the month of September.
He welcomed Deputy City Manager Alexis Brown to the City.
Deputy City Manager Brown stated that she was excited to work for the City and Malibu City Council
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looked forward to working with the Council and staff to move initiatives forward.
City Manager McClary discussed the incident that occurred outside of Nobu restaurant on July 4, 2023. He reported that Code Enforcement staff met with the owners and managers, it was determined that
a Violation occurred,a citation was
issued, and staff made it clear to them that further incidents would not be tolerated and apprised them of event permitting requirements.
Captain Jennifer Seetoo, Los Angeles County Sheriff
s Department, discussed the
unpermitted event at Nobu on July 4, 2023 and follow-up actions taken by the Sheriff Department, which included Nobu entering into
a contract with the Sheriffs
Department for traffic and parking enforcement. She discussed the screening ofa documentary on the 2018 fire that destroyed the town of Paradise, California. She discussed the importance of evacuation and communication, and the need for utilizing everything they c0u1d for preparation. She discussed new fire preparedness supplies for Sheriff’s Deputies. She discussed preparations for red flag days which might include closures of parks and trails and local resident only access to certain areas. She discussed the Malibu substation Which was awaiting a
use permit and stated that she was working with the City Manager on innovative solutions to staffing issues.
Jtmn In response to Mayor Pro Tem Uhring, Captain Seetoo stated that once the contract was signed, patrols at Nobu would begin with eight—hour shifts on Fridays and Saturdays for two weeks and then be reassessed. She stated that Nobu would contact her when they planned events to help determine if a permit was required.
In response to Mayor Pro Tem Stewart, she stated that she would research if the City’s handheld units or Sheriff‘s Department tablets would be used for citations.
Mayor Pro Tem Stewart stated that using the City’s handheld units would allow for performance review and providing
a record of multiple offenders.
In response to Mayor Silverstein, Captain Seetoo stated that the Sheriff’s Department was not involved in the conversation about the communications tower and that the City Manager’s office was scheduled to meet on Thursday with the Los Angeles County Board of Supervisors and did not know ifthe station was precluded from opening until the matter was resolved. She stated that she did not have additional information on the body that was found in the lagoon.
Councilmember Riggins thanked her and expressed her appreciation for her professionalism and leadership.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided the July 2023 part one crime statistics, which were 266 year-to-date, as compared to 292 at the same time the year prior. He related notable incidents with the common theme that suspects were not Malibu residents. He reported an arrest for robbery, aggravated assault, and theft ofa catalytic converter on PCH, with one suspect still at large. He reported an arrest of
a suspect for assault of
a juvenile relative. He
ITEM 2.C.
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reported an arrest for theft, trespassing, and possession of drug paraphernalia on Broad Beach Road. He reported that there were flve incidents of petty theft at a Malibu Road business, which included shoplifting of beauty products, a hat, and food items, and no arrests were made. He reported an incident that occurred on Fernhill Drive on July 24, 2023,‘where a suspect broke into a rental home was taken into custody after multiple deputies, a K-9 unit, and a SheriffDepartment helicopter were deployed. He reported that the beach team would work seven days a week through the Labor Day weekend and would work the Chili Cookoff event along with their special enforcement deputies. In response to Mayor Pro Tem Uhring, he stated that there was an active investigation into the burglary on Portshead Road.
In response to Mayor Silverstein, he stated that there were two incidents that involved helicopters. He stated that an incapacitated person was rescued from the ocean off Point Dume with the assistance of a Fire Department helicopter, and the Fernhill Drive incident that occurred on July 24, 2023 involved a Sheriff Department helicopter.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Riggins stated that she attended an installation dinner for the Los Angeles County representative for the League of California Cities. She reported that she attended a school district separation mediation. She inquired if the City should look into providing flre preparedness supplies to Volunteers on Patrol (VOP) and Sheriff Department deputies who patrolled Malibu, similar to what the City of Calabasas did as reported by Captain Seetoo. She inquired if the City had the ability to push text and email alerts to residents and visitors with evacuation information. She stated that she supported camping and discussed campgrounds that surrounded the City.
Councilmember Grisanti stated he attended the League of California Cities with Councilmember Riggins, and more information would be included in the upcoming ad hoc committee report. He stated that he attended a school separation mediation.
He stated he spoke to residents concerned about summer traffic. He stated that he attended meetings featuring David Revell on lagoon remediation and the Topanga Ranch proj ect.
In response to Mayor Silverstein, Interim City Attorney Rusin confirmed that a brief update that an ad hoc meeting was held could be provided during Council Comments.
Councilmember Stewart discussed the City’ s valet ordinance, which required safety vests and requested additional enforcement. He discussed incidents at Nobu and Big Rock and requested capacity limits be enforced. He stated Malibu was open to visitors and had 1.7 million visitors to the beaches in July. He commended the City on the temporary snack shack project. He discussed the importance of reflective blue fire hydrant markers and acknowledged the City for installation and encouraged residents of private streets to have them installed. He discussed the importance of backup generators for water pumps and traffic signals. He Malibu City Council
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commented on Alert FM and stated that emergency alerts needed to be followed up with information on what action the public should take during the emergency, and suggested the City apply for a grant. He commented on the tragedy of the fires on Maui and stated that the City should do what it could to help.
Mayor Pro Tem Uhring discussed the fires on Maui and how easy it was to be unprepared for emergencies. He stated that the City had a full schedule of community preparedness events during September for National Preparedness Month and information was available on the website. He commented on the importance of emergency notifications. He commented on unpermitted events at Nobu and Big Rock and stated that violation fines were too low and were not an effective deterrent. He discussed the farmers’ market which currently operated at Legacy Park and stated residents wanted it continued there. He stated useful information on development services would be provided by the Baker Tilly report.
He congratulated Poison Free Malibu on their non-native plant removal event at the headlands and commented on restrictions placed upon the volunteers by State Parks and requested with them for a discussion on options.
Mayor Silverstein discussed the unpermitted event held at Nobu. He read an email about code violation penalties that he sent to the City Manager shortly after the Nobu event and the party at Big Rock occurred. He proposed the formation of an ad hoc committee for fine and violation penalty review.‘
CONSENSUS
By consensus, the Council directed staff to bring back an item to consider forming an Ad Hoc Committee to review Code Enforcement fines and penalties.
Mayor Silverstein discussed the Item No. 4.A. appeal item that was withdrawn and how it was the second time an appeal of the project was withdrawn after considerable preparations were made by the Council to hear the item. He stated that he participated in meetings with California Strategies. He stated that he met with residents who believed their constructiOn issues with neighbors were not adequately addressed by the City, but after speaking with staff he learned the issues were being addressed, but information was not conveyed to the parties involved and encouraged better communication. He stated that he received a call from Supervisor Lindsey Horvath’s offlce about a grant opportunity which resulted in Item No. 7.B. being on the evening’s meeting agenda.
In response to Mayor Silverstein, Interim City Attorney Rusin stated that people were not prevented from making a pitch for public office during public comment if they were within the City’s jurisdiction.
Mayor Silverstein thanked Mr. Sandoval for the offer of the Malibu Barbie playset, but requested that it be donated to charity, as he did not accept gins. He stated that there was abundant camping in the Malibu area. He stated that the Alert FM system sounded like it would be valuable in an emergency and he hoped the City would get moving on it.
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Minutes of August 14, 2023
In response to Mayor Silverstein, City Manager McClary stated that would research the wedding permitting matter and follow up with public speaker Mr. Haynie.
Mayor Silverstein stated he was interested if there was a recent policy change in permitting events.
Mayor Pro Tem Uhring stated that individuals who had not completed their brush clearance could be anonymously reported to the Fire Safety Liaisons.
ITEM 3
MOTION
CONSENT CALENDAR
Item No. 3.B.5. was pulled by the Council.
Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion to approve the Consent Calendar, pulling Item No. 3.B.5. 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:
. 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 69692-69934 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. 729 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 2,544,705.63. City of Malibu payroll check number 5356-5365and ACH deposits were issued in the amount of $ 1,71 1,453.47.
3. Approval of Minutes
Recommended Action: Approve the minutes for the June 13, 2022 Malibu City Council Regular meeting, June 27, 2022 Malibu City Council Regular meeting, July ll, 2022 Malibu City Council Regular meeting, and July 28, 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. Amendment to Art Loan Agreement with Artist Anna Kelly Recommended Action: Approve the recommendation from the Malibu Arts Commission to accept Amendment No. 1 to the Art Loan Agreement with B
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Artist Anna Kelly to display her artwork Saving Malibu through August 25, 2023.
7. Amendment to Professional Services Agreement with Civic Solutions Recommended Action: Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Civic Solutions, Inc. for contract planning services.
The following item was pulled from the consent calendar for individual consideration:
5. Investment Report for the Month Ending June 30, 2023 Recommended Action: Receive the Investment Report for the month ending June 30, 2023.
Assistant City Manager Toney presented the staff report.
The Council discussed the item.
The Council received the Investment Report for the month ending June 30, 2023.
ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Appeal No. 23-001 — Appeal of Flaming Commission Resolution No. 23-02 (3620 Noranda Lane; Owner: 3620 Noranda Lane, LLC) Recommended Action: Adopt Resolution No. 23-37, determining the proj ect is categorically exempt from the California Environmental Quality Act (CEQA), denying Appeal No. 23 -001 and approving Coastal Development Permit (CDP) No. 17-104 for the construction of a new single-family residence, a basement including a subterranean garage, a new onsite wastewater treatment system (OWTS), exterior site improvements including a new swimming pool, spa, deck, landscape, hardscape, and grading; including Variance (VAR) No. 19-035 to allow for development within the required Environmentally Sensitive Habitat Area (ESHA) buffer, Site Plan Review (SPR) No. 23-003 for development on slopes steeper than 3 to 1, but flatter than 2.5 to l, Minor Modification (MM) No. 20-012 for the reduction of the required front yard setback by up to 50 percent, and Offer-toDedicate (OTD) No. 23-001 for a trail easement, for the property located in the Rural Residential-Five Acre (RR-5) zoning district at 3620 Noranda Lane (3620 Noranda Lane, LLC).
This item was removed from the agenda upon approval of the agenda.
ITEM 5 OLD BUSINESS
None.
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Minutes ofAugust 14, 2023
ITEM 6 NEW BUSINESS
Woolsev Fire Fee Waiver Program Update
Recommended Action: Receive and flle an update on the Woolsey Fire Fee Waiver Program.
Environmental Sustainability Director Bundy presented the staff report.
MOTION
The Council directed questions to staff.
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.
The Council discussed the item and directed questions t0 staff.
Councilmember Riggins moved, and Councilmember Stewart seconded a motion to bring back an item to consider extending the Woolsey Fire Fee Waiver Program.
The motion was withdrawn.
CONSENSUS
By consensus, the Council: 1) received and filed an update on the Woolsey Fire Fee Waiver Program, and 2) directed staff to bring back an item to consider extending the Woolsey Fire Fee Waiver Program.
Bovs & Girls Club of Malibu Event Fee Waiver
Recommended Action: Consider Whether to approve the request from the Malibu Foundation for Youth and Families, DBA-Boys & Girls Club of Malibu to waive facility use fees and staffing costs for the Chili Cook-Off event at the Ioki Property.
Community Services Director Riesgo presented the staff report.
MOTION
Mayor Silverstein opened the floor to public comment.
Speakers: Kasey Earnest and Ryan Embree
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.
Mayor Silverstein moved, and Councilmember Riggins seconded a motion to approve the request from the Malibu Foundation for Youth and Families, DBA Boys & Girls Club of Malibu to waive facility use fees and staffing costs for the Chili Cook-Off event at the Ioki Property.
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Minutes of August 14, 2023
The Council discussed the motion and directed questiOns to staff.
The question was called, and the motion carried unanimously.
At 8:45 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 8:57 pm. with all Councilmembers present.
MOTION
4L
ITEM 7
MOTION
Malibu Farmers Market Fee Waiver
Recommended Action: Consider whether to approve the request from the Comucopia Foundation to waive the facility use and permit fees for the Malibu Farmers Market at Legacy Park.
Community Services Director Riesgo presented the staff report.
Mayor Silverstein opened the floor to public comment. As there were no speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item and. directed questions to staff.
Councilmember Stewart moved, and Mayor Pro Tem Uhring seconded a motion to approve the request from the Cornucopia Foundation to waive the facility use and permit fees for the Malibu Farmers Market at Legacy Park.
The Council discussed the motion and directed questions to staff.
The question was called, and the motion carried 4-0, Councilmember Grisanti abstaining.
COUNCIL ITEMS
Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2023 League of Califomia Cities Annual Conference
Recommended Action: Designate the City’s voting delegate and altemate voting delegate(s) for the League of Califomia Cities 2023 Annual Conference scheduled for September 20-22, 2023 in Sacramento.
City Manager McClary presented the staff report.
Mayor Silverstein opened the floor to public comment. As there were no speakers present, Mayor Silverstein retumed the matter to the table for discussion.
The Council discussed the item.
Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to designate Councilmember Riggins as the voting delegate, and Councilmember Grisanti as the altemate voting delegate for the League of Califomia Cities 2023 Annual Conference. The question was called, and the motion carried unanimously.
MOTION
ITEM 6
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Los An eles Coun National Oceanic and Atmos heric Administration OAA Climate Resilience Regional Challenge — SUPPORT (Mavor Silverstein) Recommended Action: At the request of Mayor Silverstein, authorize the City to partner with Los Angeles County in pursuing the NOAA Climate Resilience Regional Challenge competitive funding opportunity as a co-applicant.
Mayor Silverstein opened the floor to public comment.
Speaker: Zachary Gaidzik
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item.
Councilmember Grisanti moved, and Councilmember Stewart seconded a motion to authorize the City to partner with Los Angeles County in pursuing the NOAA Climate Resilience Regional Challenge competitive funding opportunity as a coapplicant.
The Council discussed the motion and directed questions to Mr. Gaidzik.
The question was called, and the motion carried unanimously.
NEW BUSINESS (CONTINUED)
Proposed Settlement Agreement with Cross Creek Ranch Malibu, LLC gCCRM) Regarding the Ranch at Cross Creek Property
Recommended Action: l) ApprOve draft settlement agreement with Cross Creek Ranch Malibu, LLC (CCRM), and 2) find the action exempt from the California Environmental Quality Act (CEQA).
Interim City Attorney Rusin presented the staff report.
Mayor Silverstein opened the floor to public comment.
Speakers: John Mazza, Ryan Embree, and Jo Drummond
Rosemarie Ihde was not available at the time of hearing.
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item.
MOTION
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Mayor Silverstein moved to: 1) reject the proposal; and 2) appoint an ad hoc committee that would act expeditiously with the developer to draft a flnal proposal to be brought back to Council with adequate public notice for potential approval.
The motion died on the floor due to lack of a second.
MOTION
The Council discussed the matter and directed questions to staff and Jim Arnone.
Councilmember Grisanti moved to: 1) approve draft settlement agreement, as amended, with the changes presented and listed below, with Cross Creek Ranch Malibu, LLC (CCRM), and 2) find the action exempt from the California Environmental Quality Act (CEQA).
4. Expanded City Rights Regarding Parcel C. CCRM waives all rights with respect to Parcel C: including, but not limited to. all rights for Parcel C to be reconveved to it pursuant to Section 6 4 of the Development Agreement as well as those provided 1n Section 6 3 of the Development Agreement sub] ect to the followmg With b The City shall use Parcel C shall—be—used only for an approved use under Section 6 3 2 of the Development Agreement or any of the followmg addltlonal uses to wh1ch CCRM hereby consents
8. Release of CCRM’s Tolling Claim. CCRM, on behalf of itself and its directors, managers. agents. representatives. successors. and assigns. whether current or former. as applicable and to the extent any exist (Releasors). hereby releases, waives, acquits and forever discharges the City and its boards, commissions, departments, bureaus, representatives, agents, employees, attorneys and assigns, from any and all claims, demands, causes of action, obligations, damages, rights of subrogation or indemnity, attorneys’ fees, costs and liabilities of any nature whatsoever, whether known or unknown, which CCRM ever had, now has or may claim to have against the City or its boards, commissions, departments, bureaus, representatives, agents, employees, attorneys and assigns for any reason that relates or pertains to and/or arises out of CCRM’s Tolling Claim or the Development Agreement (Released Claims). CCRM covenants that none of the Releasors will sue or otherwise institute or in any way actively participate in or voluntarily assist in the prosecution of any legal or administrative proceedings regarding the Released Claims. Releas0rs understand and acknowledge that the foregoing release extends to any claims or damages, without limitation, arising out of the Released Claims that may exist on the date of the execution of this Agreement, but which Releasors do not know to exist. which. ifknown, would have materially affected their decision to execute this Agreement, regardless of whether their lack of knowledge is a result of ignorance, oversight error, negligence or any other cause.
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The Council discussed the motion and directed questions to staff.
Councilmember Riggins seconded the motion.
The Council discussed the motion.
The question was called, and the motion carried 4-1, Mayor Silverstein opposed.
ADJOURNMENT
Mayor Silverstein adjourned the meeting at 10:19 p.m. in memory of Annette O’Malley and residents of Maui and the islands of Hawaii.
Approved and adopted by the C1ty Counc1l of the
A TEST: