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MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
AUGUST 28, 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 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 tloor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 5:30 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with L_egal 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 Number of potential cases: (1)
REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 7:07 pm.
Malibu City Council
Minutes of August 28, 2023
i ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Bruce Silverstein; Mayor Pro Tern Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
ALSO PRESENT: Monica Castello, Deputy City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettij ohn, City Clerk; Kristin Riesgo, Community Services Director; 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 Kate Manisco, Recreation Manager
PLEDGE OF ALLEGIANCE
Dennis Smith led the Pledge of Allegiance.
CLOSED SESSION REPORT
Deputy City Attorney Castillo 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)(1) and 54956.9(d)(4), with all Councilmembers present. She stated the Council discussed the item listed 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 17, 2023, with the amended agenda posted on August 25, 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
None.
ITEM 2.A. PUBLIC COMMENTS
John Mazza announced a weekly six-week docent training course at the Adamson House beginning on September 20, 2023.
Tracey Lovric, Mountains Recreation and Conservation Authority (MRCA), commented on two recent incidents where a person physically and verbally interfered with MRCA contractors’ installation of directional signposts in an ITEM 2.B.
Malibu City Council
Minutes of August 28, 2023
easement in Escondido Canyon managed by MRCA and owned by the Santa Monica Mountains Conservancy.
Jo Drummond discussed code enforcement, the communications tower at Santa Monica College (SMC), and the large tent for a wedding on Broad Beach. She discussed formula retail ordinance enforcement to ensure local businesses were not displaced by chain stores.
Robert Brinkman discussed the Parks and Recreation Commission, the Seawolves coach staffing change, and the formation of the Malibu Marlins swim club. He discussed the staff and Parks and Recreation Commission review of the Malibu Marlins application for swimming pool usage.
Bill Sampson discussed the recent wedding on Broad Beach Road and provided a presentation of the tent application.
Kraig Hill discussed vehicles speeding on Pacific Coast Highway (PCH) on Wednesday and Saturday nights. He commented on the Navy offshore testing that produced sonic booms and stated his concern about effects on marine life.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Fireball Lawrence, Malibu Arts Commission, thanked Anne Buxie for serving as Poet Laureate and announced Changing 0f the Verse poetry event would be held September 28, 2023, at 5:00 p.m. at City Hall. He thanked the artists who participated in the summer art exhibition and announced the opening of the Wes Van Dyke exhibit was scheduled for September 16, 2023 at City Hall. He announced the new art piece by Maureen Haldeman would be exhibited for one year in the multi-purpose room at City Hall as part of a rotating art program.
City Manager McClary announced the Malibu High School (MHS) local coastal program amendment (LCPA) would be reviewed by the California Coastal Commission (CCC) on September 9, 2023, and the revised LCPA would be reviewed by the Council before certification by the CCC. He stated that the MHS coastal development permit would be considered by the Flaming Commission on September 5, 2023. He discussed tropical storm Hilary and stated that the City experienced minor damage from the significant amount of rain and that the City declared a local emergency and would be applying for disaster funds. He announced that City Clerk Pettijohn had achieved her Certified Municipal Clerk designation from the International Institute of Municipal Clerks.
City Clerk Pettij ohn thanked City Manager McClary for the recognition and stated she loved serving the community.
City Manager McClary announced that all parks would be open for the Labor Day holiday, but the swimming pool and Senior Center would be closed. He announced that the next Library Speaker Series featuring a discussion by Scott Freeman on the Malibu City Council
Minutes of August 28, 2023
ITEM 2.C.
Beatles album Sgt. Pepper’s Lonely Hearts Club Band would be held September 20, 2023 at City Hall. He stated that staff met with Los Angeles County and SMC officials to discuss the communications tower and an agreement was made for the tower to be repainted a neutral color and a possible application by SMC for a height variance. He stated that a conditional use permit (CUP) needed to be issued before the tower could operate. He stated that the farmers’ market was discussed and the college and the County would help the Cornucopia Foundation return the market to its previous location at the college to avoid disruption to the schedule. He stated that the temporary use permit for the farmers’ market at Legacy Park would expire on October 7, 2023. He stated topics for the upcoming Council meeting on September ll, 2023 included fire season safety preparations, accessory dwelling units (ADU), outdoor warning sirens, and Woolsey Fire fee waivers. In response to Mayor Silverstein, he stated County staff would confirm with the Sheriff Department if the tower issue would delay opening the Sheriff substation.
In response to Mayor Pro Tem Uhring, Deputy City Manager Brown stated that SMC had not received a certificate of completion from the State.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, stated Sheriff staff would be present at the Chili Cook-off over the Labor Day weekend, which also marked the last weekend of the beach team’s presence in Malibu. He reported that 17 cars were towed to the temporary tow yard. He discussed a recent fatal stabbing at Las Tunas Beach during a domestic violence incident. He reported the special assignment deputies attended training on vehicle theft and recreational vehicle (RV) homelessness encampment protocol. He stated that the RV that was parked for two years at Las Tunas Beach had been towed. He reported a burglary occurred that day on Malibu Road and the suspects were taken into custody. He discussed enforcement at Nobu over the past two weekends and stated 27 traffic citations were issued and parking enforcement was forthcoming.
Mayor Uhring stated that he observed speeding vehicles on Malibu Canyon Road.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Riggins discussed special event permits (SEP) and the Broad Beach wedding and recommended the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) review regulations.
In response to Councilmember Stewart, Flaming Director Mollica stated the Council would consider a temporary use permit (TUP) ordinance in October, but SEPs would not be addressed as they were in a different chapter of the code.
Councilmember Riggins stated that SEP rules should be tightened because the wedding event was not representative of the application. She commented on damage to the dunes and stated that the size and engineering required to facilitate the tent structure was beyond the scope of the SEP.
Malibu City Council
Minutes of August 28, 2023
Mayor Silverstein indicated support for ZORACES review of the general SEP, but stated the Broad Beach Road wedding violated the current regulation.
Councilmember Riggins stated that everyone should be on the same page regarding what was allowed on residents’ properties and the intent of permitting types. In response to Mayor Silverstein, she stated that residents needed direction provided on expectations of what was allowed on their properties. She congratulated City Clerk Pettij ohn and thanked her for her service. She stated residents would receive brush clearance compliance letters from the Fire Department.
In response to Councilmember Riggins, Community Services Director Riesgo discussed vendor selection for recreational programs and stated that a discussion item on the process would be presented to the Parks and Recreation Commission.
Councilmember Riggins stated she attended the August Malibu Library Speaker Series event which featured NASA Aerospace Engineer Dr. Aprille Ericsson and encouraged the public’s participation in future events.
Councilmember Stewart stated that he attended the August Malibu Library Speaker Series event. He thanked the Volunteers on Patrol, Community Emergency Response Team, and first responders for their work during Tropical Storm Hilary.
He discussed the Broad Beach wedding, staff time spent, and intent of the SEP ordinance. He suggested considering a Loud and Unruly Gathering Ordinance (LUGO) and the potential enforcement tools under that type of ordinance which were in proportion to the disruption the event caused. He thanked Poison Free Malibu for organizing weed clearance at the headlands and the Malibu Lagoon. He discussed the Work Plan Workshop and potential usage of the City’s vacant land.
He discussed ADUs and suggested concerns addressed in public correspondence be incorporated into the future agenda item. He discussed a proposal for a funding program to support school sponsored athletics for elementary and middle schools.
CONSENSUS
By consensus, the Council directed staff to bring back an item to consider supporting alternative youth athletic programs.
Councilmember Stewart congratulated City Clerk Pettij ohn on her achievements.
Councilmember Grisanti congratulated City Clerk Pettij ohn and thanked her for her service. He stated that he attended the Work Plan Workshop and found it productive. He stated that he received calls about the Broad Beach wedding, Tropical Storm Hilary, and the earthquake. He discussed racing in and around the City and suggested warning signage as a deterrent.
Mayor Pro Tem Uhring recommended the public Visit the Adamson House. He requested brush clearance by the MRCA on the trail around Bluffs Park. He indicated support for consideration of a contribution from the City to the youth sports programs proposal and recommended proponents provide goals for the ITEM 3
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MOTION
Malibu City Council
Minutes of August 28, 2023
program’s independence from the City, enrollment figures, and examples of community funding not associated with schools. He discussed the management of the City-owned Malibu Lumber Yard, reports of tenant lease termination, and the importance of supporting local businesses. He discussed code enforcement and a recent party in Big Rock at the same house Where previous unpermitted parties occurred. He discussed the Broad Beach wedding event, provided a timeline of activity, SEP conditions, settlement agreement terms, and the message the settlement agreement sent to the public and staff.
Mayor Silverstein recommended individuals who submit written comments also speak at the meeting or over Zoom. He congratulated City Clerk Pettijohn and thanked her for her efforts. He discussed the City’s response to tropical storm Hilary and the recent earthquake. He stated that he attended the Special Work Plan Workshop and that it was a great team-building experience. He discussed complaints of public speakers being cut off after three minutes and the importance of rules being applied impartially. He discussed recent improved coverage by the Malibu Times of City events. He discussed the Broad Beach Road wedding event and misrepresentations made at Council meetings.
CONSENT CALENDAR
Item Nos. 3.B.5., 3.B.7., and 3.B.8. were pulled by the Council.
Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.5., 3.B.7., and 3.B.8. 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.
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 69935—70136 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. 730 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,622,336.86. City of Malibu payroll check number 5366-5367 and ACH deposits were issued in the amount of $444,080.54.
3. Approval of Minutes
Recommended Action: Approve the minutes for the August 8, 2022 Malibu City Council Regular meeting, August 22, 2022 Malibu City Council Malibu City Council
Minutes of August 28, 2023
Regular meeting, and September 27, 2022 Malibu City Council Regular meeting.
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361 Recommended Action: Consideria motion to reaffirm Resolution No. 23- 14, re-authorizing remote teleconferencing/Virtual meetings pursuant to AB 3 6 1 .
Malibu Poet Laureate Appointment
Recommended Action: At the recommendation of the Malibu Arts Commission, approve the nomination ofNathan Hassall to serve a two-year term as the Malibu Poet Laureate beginning September l, 2023.
Resolution Extending the Declaration of the COVID-l9 Local Emergency Recommended Action: Adopt Resolution No. 23-39 extending the declaration of the existence of a local emergency.
10. Investment Report for the Month Ending July 3 l , 2023 Recommended Action: Receive the Investment Report for the month ending July 3 l, 2023.
11. Resolution Ratifying the Director of Emggency Services’ Proclamation of Existence of a Local Emergency — Tropical Storm Hilary Recommended Action: Adopt Resolution No. 23-42 ratifying the proclamation of existence of a local emergency by the Director of Emergency Services.
The following items were pulled from the consent calendar for individual consideration:
MOTION
5. Professional Services Agreement with Kimley Hom and Associates, Inc. for Malibu Canyon Road Traffic Safety_Study Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Kimley Hom and Associates Inc., for engineering services for the Malibu Canyon Road Trafflc Safety Study in an amount of $99,735.
The Council discussed the item and directed questions to staff.
Councilmember Stewart moved, and Mayor Silverstein seconded a motion to authorize the Mayor to execute a Professional Services Agreement with Kimley Horn and Associates lnc., for engineering services for the Malibu Canyon Road Traffic Safety Study in an amount of $99,735. The question was called, and the motion carried unanimously.
Professional Services Agreement with California Skateparks Recommended Action: Authorize the Mayor to execute a sole source Professional Services Agreement with California Skateparks related to repairs of the Temporary Skate Park.
The Council discussed the item and directed questions to staff.
MOTION
MOTION
ITEM 4
Malibu City Council
Minutes of August 28, 2023
Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to authorize the Mayor to execute a sole source Professional Services Agreement with California Skateparks related to repairs of the Temporary Skate Park. The question was called, and the motion carried unanimously.
8. Amend the Salary Ranges for FY 2023-24
Recommended Action: Adopt Resolution No. 23-38 amending the Salary Ranges for FY 2023-24.
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to adopt Resolution No. 23-38 amending the Salary Ranges for FY 2023-24. The question was called, and the motion carried unanimously.
Mayor Silverstein confirmed with staff that there were no public speakers for items pulled from the Consent Calendar.
ORDINANCES AND PUBLIC HEARINGS
Update Regarding Zoning Map Amendment No. 17-002 and Zoning Text Amendment No. 20-001 (Sea View Hotel Project)
Recommended Action: 1) After the City Attomey reads the title of the ordinance, introduce on first reading Ordinance No. 509, an ordinance of the City of Malibu amending Zoning Map Amendment (ZMA) No. 17-002 and Zoning Text Amendment (ZTA) No. 20-001 to effectuate previous amendments made to Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 to rezone and change the land use designation of the properties located at 22741 and 22729 Pacific Coast Highway from Community Commercial (CC) to Commercial Visitor Serving-2 (CV-2), a new Seaview Hotel Overlay District with associated development standards, including a proposed floor area ratio of 0.52 for the public benefits provided by the proj ect (the amendments to the ZMA and ZTA are corollary to LCPA and will not be effective until the LCPA is certified by the CCC), and finding the action to require no further environmental review and/or to be exempt from such review under the California Environmental Quality Act (CEQA); and 2) Direct staffto schedule a second reading and adoption of Ordinance No. 509 for the September 11, 2023 Regular City Council meeting.
Planning Director Mollica presented the staff report.
The Council directed questions to staff.
Mayor Silverstein opened the floor to public comment.
MOTION
RECESS
ITEM 5
ITEM 6
Malibu City Council
Minutes of August 28, 2023
Speaker: Fred Gaines
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 1) introduce on first reading Ordinance No. 509, an ordinance of the City of Malibu amending Zoning Map Amendment (ZMA) No. 17-002 and Zoning Text Amendment (ZTA) No. 20-001 to effectuate previous amendments made to Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Proj ect as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 to rezone and change the land use designation of the properties located at 22741 and 22729 Pacific Coast Highway from Community Commercial (CC) to Commercial Visitor Serving-2 (CV-2), a new SeaView Hotel Overlay District with associated development standards, including a proposed floor area ratio of 0.52 for the public benefits provided by the project (the amendments to the ZMA and ZTA are corollary to LCPA and will not be effective until the LCPA is certified by the CCC), and finding the action to require no further environmental review and/or to be exempt from such review under the California Environmental Quality Act (CEQA); and 2) direct staff to schedule a second reading and adoption of Ordinance No. 509 for the September 11, 2023 Regular City Council meeting.
Deputy City Attorney Castillo read the title of the ordinance.
The question was called, and the motion carried unanimously.
An amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) and the Local Coastal Program (LCP) to Update Regulations Related to Accessory Dwelling Units (ADUs) Recommended Action: Continue this item to the September 11, 2023 Regular City Council meeting.
This item was continued to the September 11, 2023 Regular City Council meeting upon approval of the agenda.
At 8:25 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 8:37 p.m. with all Councilmembers present.
OLD BUSINESS
None.
NEW BUSINESS
Malibu City Council
Minutes of August 28, 2023
Comprehensive Development Services Review Report
Recommended Action: Receive and file the Comprehensive Development Services Review Report.
Assistant City Manager Toney and Jay Trevino, Baker Tilly, presented the staff report.
Mayor Silverstein opened the floor to public comment.
Speakers: Guy Roberts, Don Schmitz, Jo Drummond, Norm Haynie, Fred Gaines, Reid Brietman (Lea Johnson and Leon Johnson deferred time), Madelyn Glickfeld, Ryan Embree, Kraig Hill, and Patt Healy
Edna Elisha was not present at the time of the hearing.
MOTION
ITEM 7
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. Trevino.
Mayor Silverstein received and filed the Comprehensive Development Services Review Report.
Road Race Request for Proposals
Recommended Action: At the recommendation of the Road Race Ad Hoc Committee, open a Request for Proposals for the two allowable Road Race Temporary Use Permits.
Community Services Director Riesgo presented the staff report.
Mayor Silverstein opened the floor to public comment.
Speakers: Brennan Lindner, Scott Nilson, Michael Epstein, Erica Segel, Cassidy Case Benadum, Blue Benadum, Candie Davidson-Goldbronn, and Kraig Hill As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.
The Council discussed the item.
Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to direct staff to open a Request for Proposals for the two allowable Road Race Temporary Use Permits. The question was called, and the motion carried unanimously.
COUNCIL ITEMS
Malibu City Council
Minutes ofAugust 28, 2023
None.
ADJOURNMENT
Mayor Silverstein adj ourned the meeting at 10:26 p.m.
Approved and adopted by the City Council of the
Ci ' u on February 26, 2024.
STEVE UHRINGYMayor
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