MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
SEPTEMBER 25, 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 6:30 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
ALSO PRESENT: Trevor Rusin, Interim 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, Flaming Director; Susan Duenas, Public Safety Director; Rob DuBouX, Public Works Director; Jason Lawrence, Deputy City Clerk; and Christina Munoz, Deputy City Clerk
PLEDGE OF ALLEGIANCE
Jefferson Wagner led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on September 15, 2023, with the amended agenda posted on September 21, 2023.
APPROVAL OF AGENDA
MOTION Councilmember Stewart moved, and Mayor Pro Tem Uhring seconded a motion to approve the agenda, hearing Item No. 6.B. after the consent calendar, continuing Item No. 7.A. to the October 9, 2023 meeting, and adjourn in memory of Los Angeles County Sheriff Deputy Ryan Clinkunbroomer. The question was called, and the motion carried unanimously.
ITEM l CEREMONIAL/PRESENTATIONS
A. Presentation on First Responder Readiness for Fire Season Battalion Chief Joshua Binder, Los Angeles County Fire Department, and Captain Malibu City Council
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Jennifer Seetoo, Los Angeles County Sheriff s Department, provided a presentation on First Responder Readiness for Fire Season.
B. City Council Reorganization
Mayor Silverstein opened the floor public comment.
MOTION
MOTION
Speakers: John Mazza and Pamela Conly Ulich
1. Presentations to Outgoing Mavor
Mayor Pro Tem Uhring presented a Wave award to Mayor Silverstein for outstanding service and dedication as the mayor of the City of Malibu from 2022 to 2023.
Remarks by Outgoing Mayor
Mayor Silverstein stated that it was a sincere honor and pleasure to serve as mayor for the past nine and a half months and he would be pleased to turn over the reins to the new mayor.
Election of Mayor
Mayor Silverstein opened the floor to nominations for Mayor.
Mayor Silverstein nominated Mayor Pro Tem Uhring for Mayor.
Mayor Silverstein closed the floor to nominations for Mayor.
The question was called, and the motion carried unanimously.
The meeting was turned over to newly elected Mayor Uhring.
Election of Mayor Pro Tem
Mayor Uhring opened the floor to nominations for Mayor Pro Tem.
Councilmember Grisanti moved, and Mayor Uhring seconded a motion to nominate Councilmember Stewart for Mayor Pro Tem.
Mayor Uhring closed the floor to nominations for Mayor Pro Tem.
The question was called and the motion carried unanimously.
Administration of Oath of Office to Newly Elected Mayor and Mayor Pro Tem
ITEM 2.A.
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Marcia Uhring administered the Oath of Office to newly elected Mayor Uhring.
Sharon Stewart administered the Oath of Office to newly elected Mayor Pro Tem Stewart.
6. Remarks by Newly Elected Mayor
Mayor Uhring commented that upon moving to Malibu more than 30 years prior, long-time resident Ozzie Silna introduced him to the General Plan, Mission, and Vision Statements. He expressed appreciation for the late Mr.
Silna and stated that he tried to follow the tradition set forth by him. He stated that it was with a profound sense of responsibility that he accepted the honor and privilege to serve as mayor. He expressed gratitude to his wife, fellow City Councilmembers, and the people of Malibu for placing their trust in him. He stated that he was a firm believer of Malibu’s General Plan, Mission, and Vision Statements and that he would continue to fight to follow that plan, as he had for over 30 years. He stated that he would endeavor to work collaboratively with his fellow Councilmembers and the community to ensure a bright and sustainable future for the city. He recognized the hard work and dedication of City employees. He thanked Malibu again for the incredible honor, and suggested that they embarked on this journey together, for a brighter and more prosperous future for the city.
PUBLIC COMMENTS
Tim Pera, MRCA, provided the monthly ranger activity report. He reported additional rangers addressed the high volume of Visitors to their parks on weekends.
He reported 13 administrative citations were issued at La Chuza Beach for dogs on the beach and possession of alcohol and three issued at Escondido Canyon Trail for illegal offtrail use and for dogs off leash. He reported continuous patrols for illegal parking and directed patrols were implemented to prevent injuries in the back country. He stated that no homeless encampments were observed at Bluffs Park or reported at any of their parks and no service calls were generated. He stated that approximately 308 parking citations were issued at the parks and beach accessways, and maintenance was conducted throughout the month.
Kevin Keegan, Parent Teacher Student Association (PTSA) for Malibu Middle and High School, discussed the importance of school safety and expressed concern that safety and security recommendations from the school safety assessment had not been made available. He discussed the history of the School Safety Ad Hoc Committee and the school safety assessment conducted by Guidepost Solutions. He stated that on May 22, 2023, the Malibu PTSA, their two elementary school Parent Teacher Associations (PTA), and School Leadership Council sent a joint letter to the City Council School Safety Ad Hoc Committee, requesting the consultant report be given priority attention over the summer.
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Lloyd Ahern discussed insufficient lighting in the Council Chambers. He proposed having the equipment problems addressed by the qualified gaffers and riggers who were currently not working due to the Screen Actors Guild strike. He stated the sound system was not working at the previous Flaming Commission meeting and one of the Commissioners was unable to participate, and had they been able to, the Triathlon time might not have had to be on that night’s Council agenda.
Jefferson Wagner discussed lighting in the Council Chambers and commented that the Mayor and Mayor Pro Tem being sworn in was not visible to viewers on Zoom.
He discussed fire preparedness, and stated the Topanga pumpkin tanks were part of the helicopter tour that Los Angeles County Supervisor Lindsey Horvath went on and suggested pumpkin tanks for either Latigo or Corral Canyon. He commented on the permit issued for an event held the prior week that affected many Malibu residents. He stated that when he was mayor, he was approached by organizers for an Yves Saint Laurent event and he informed them that they needed to contact California State Parks, Los Angeles County Department of Public Works, and Los Angeles County Department of Beaches and Harbors, which they failed to do. He stated that they instead contacted the City Manager, and a f11m permit was issued for the large event that impacted the entire neighborhood of Paradise Cove and Point Dume. He statedthat a similar situation occurred the week prior near Latigo, he referenced an email he sent to the City on proper parking and mitigation of safety issues. He stated that a permit was properly obtained for a thank you event with 500 attendees for the Point Dume Bombers after the Woolsey Fire, and he displayed the permit.
Robin Corcoran discussed Neighborhood Watch on Point Dume and security concerns about three robberies that occurred in the. past few weeks. She stated that the neighbors spoke to the Flock Security Cameras company with the intention of installing them at the entrance of the neighborhood. She requested the Council’s assistance with the easement to install the cameras on existing poles.
Ryan Embree stated that event permitting problems were a recurring issue that dated back to Nobu’s violation ofthe City issued joint parking agreement. He stated that a plan was developed with their attorneys, but solutions had not happened and discussed Nobu’s recent July fourth event. He commented on the antenna tower in the center oftown and stated it was an enforcement problem. He commented n the Tesla dealership and motorcycle dealership in the City despite the City’s prohibition on automotive dealers. He commented on the Broad Beach wedding and the corporate event held next to the mayor’s house. He stated that he felt that City staff knew of the corporate nature of the event or that they were misled.
Jo Drummond congratulated Mayor Uhring and Mayor Pro Tem Stewart. She stated that accountability and efficiency were lacking in recent code enforcement policies.
She discussed a former City Council member built a second story on a house before permits were issued, a Broad Beach wedding that negotiated a $10,000 payment to the City, and the past weekend’s corporate event that was permitted as a baby o
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shower. She stated that those types of permits were prioritized over resident’s permits. She stated family businesses were forced out of City property and the Formula Retail Ordinance was not being enforced. She stated that more resources should be put toward additional Sheriff and CHP patrols on PCH and prioritization of school safety. She stated that the antenna pole in the Civic Center and Nobu parking difficulties needed to be addressed. She urged the Council to implement the efficiency recommendations from the Baker Tilley report. She encouraged the Council form an ad hoc committee to examine and correct codes that caused residents to unnecessarily go through lengthy Planning approvals.
Scott Dittrich thanked Councilmember Silverstein for his service and congratulated incoming Mayor Uhring and Mayor Pro Tem Stewart. He displayed a copy of the event permit that public speaker Mr. Wagner properly obtained. He stated that too many people were getting around obtaining proper permits. He encouraged the Council to abide by recommendations included in the Los Angeles County Fire Department and Sheriff Department presentation. He discussed the aerial tour of eastern Malibu and Topanga that Los Angeles County Supervisor Lindsey Horvath took. He suggested the use of goats for fire fuel load reduction and spoke in favor of underground utilities. He stated that he tried unsuccessfully since spring 2019 to get Las Flores Creek cleared of brush and it was multi-jurisdictional project. He stated that the communications tower in the Civic Center should be removed and small proj ects more easily permitted.
Burt Ross discussed Councilmember Silverstein’s recent social media posts regarding events, which stated that the City of Malibu continually placed celebrities and the wealthy over residents. He stated that it was unacceptable to make those claims without evidence. He discussed the affidavit Councilmember Silverstein prepared before taking office, that alleged corruption in the City. He stated the investigation into the affidavit ultimately concluded there was none and cost the taxpayers $100,000. He stated that the applicant for the recent special event was at fault and City staff acted on the misrepresentation. He suggested the Council consider increased penalties for applicants who falsified a permit application or exceeded its permitted use.
Remote caller discussed low—income housing. He discussed the Accessory Dwelling Units (ADU) and stated that the City of Malibu was incorporated for 32 years and there were no affordable housing options. He discussed the housing needs assessment required by the State. He stated that he had a right to live in Los Angeles County communities that were affluent. He discussed his interactions with City staff and notices he received. He stated that ADUs did not provide substantial housing. He discussed the Woolsey Fire. He stated that Section 8 recipients or those with a housing voucher should be able to move within the County system and live in a nicer community.
Lonnie Gordon thanked Councilmember Silverstein for his service as Mayor, and congratulated Mayor Uhring. She stated the party permit matter needed to be researched and investigated and appropriate action taken. She thanked the Council Malibu City Council
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”W
ITEM 2.B.
for allowing remote meeting participation and stated that as a person with sensitivities to electromagnetic fields (EMF) and radio frequencies, she could not be in an area with many cell phones and WIFI. She stated that changes to the residential portion of the Wireless Local Coastal Program Amendment should be put on the Council’s agenda.
Bill Sampson thanked Councilmember Silverstein for his service as Mayor. He discussed unpermitted events that took place on at an STR on his street and a recent code enforcement violation he reported that concluded no wrongdoing. He suggested having code enforcement staff work on weekends.
Kraig Hill thanked Commissioner Silverstein for his work as Mayor and congratulated Mayor Uhring and Mayor Pro Tem Stewart. He discussed the Baker Tilly development services review that indicated the City’s clients were developers.
He stated the clients of the City included residents and the community. He discussed the permitting of recent events, including the commercial party in the residential neighborhood the past weekend, the Broad Beach wedding, multiple commercial parties in residential areas in Big Rock, the Triathlon where the 32-day noticing requirement was ignored, and Nobu’s 700 guest event. He stated that, in each case, there was an issue of the City’s discretion in interpreting the law. He stated that bending the rules for one party would lead to a precedent for future parties, that, if not accommodated, would potentially subject the City to legal action. He stated that when there was room for discretion in the code, decision makers should be mindful of the implications.
Simon James thanked the Councilmembers for their service. He stated that he and his family were residents of Malibu Park for 15 years. He inquired if there was an existing policy or process that sanctioned professionals such as permit expediters, party planners, architects, developers, and others, who repeatedly misled the City.
He stated that without sanctions, unethical professionals had no deterrent from repeatedly misrepresenting facts.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
City Manager McClary discussed the Cornucopia Foundation Farmers” Market item that would be considered by the Los Angeles County Board of Supervisors the following day. He reported that he attended the League of California Cities annual conference held in Sacramento. He stated that he met with California Strategies and staff from Townsend Public Affairs grant writing firm. He reported that Assembly Bill 1500 passed the legislature and would go to the Governor’s desk for signature and included an urgency provision that put the law into effect January l, 2024 to prevent a lapse in the property tax exemption for properties impacted by the Woolsey Fire, effective for three years. He provided a report on COVID-l 9 in Los Angeles County and stated there were 475 new daily cases and approximately 600 hospitalizations and was of medium concern based on wastewater tracking. He stated existing antibodies were effective against the EG.5 variant, which comprised approximately 25 percent of current cases. He encouraged the public to consider Malibu City Council
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getting the new vaccine that targeted the XBB 1.5 variant that was expected to be available by the end of the week. He stated that there could be a triple epidemic this fall and winter, with COVID—l9, Respiratory Syncytial Virus, and Influenza. He discussed progress of Dark Sky Ordinance compliance for gas stations, shopping centers, and multi-family residential properties, and stated a full report was forthcoming. He reminded everybody that September was emergency preparedness month. He announced that a Legacy Park guided nature walk would be held on September 27, 2023, from 10:00 a.m. to 11:00 am. He' stated that the new Poet Laureate Nathan Hassall would be announced on September 28, 2023, at City Hall.
He stated that the Trancas Canyon Park multipurpose fields were closed for annual maintenance through October 23, 2023. He apologized to the Council and public for the lighting issues in the Council Chambers and explained that the system p upgrade project caused the system to be underpowered but would be corrected by their next meeting. He announced topics for the October 9, 2023 Council meeting included the Malibu High School and Middle School Local Coastal Plan Amendment, an update from Deputy City Attorney Christine Woods on school separation, and the continued public hearing for 6734 Zumirez Drive. He discussed the requirements for special event permits (SEP) and stated that he discussed with the City Attorney possible modifications for improvement of the City’s SEP application process.
In response to Councilmember Silverstein, City ManagerMcClary stated he would research the percentage of applications submitted the day prior to, and the day of, the event and provide a report.
In response to Mayor Pro Tem Stewart, City Manager McClary clarified an SEP and a temporary use permit (TUP) had different requirements. He stated that the permit in question was an SEP and clarified that TUPs applied to all nonresidentially zoned parcels and an SEP applied to residentially owned parcels.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, congratulated Mayor Uhring. He discussed vehicle burglaries and reminded residents and visitors to lock their vehicles and not leave valuables in their cars. He discussed an incident that occurred on September 16, 2023, where deputies responded to the 27200 block of PCH, with a report of an individual starting a fire in an area of heavy vegetation near a residence and the suspect was in custody for arson and recklessly causing a fire. He stated that during a patrol of the eastern border of Malibu, the special assignment deputies conducted a traffic stop and determined the driver had two outstanding warrants and the vehicle was stolen and he was arrested. He stated that the Sheriff Department was staffed and prepared for the upcoming triathlon.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended the interfaith breakfast hosted by Captain Jennifer Seetoo. He stated that they discussed using the network of churches and synagogues to provide another level of protection for emergencies.
He stated that he attended the League of California Cities Annual Conference in ITEM 2.C.
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Sacramento the week prior and hoped interactions with members of the State legislature would lead to better outcomes .in the future. He stated that he met with County Usage Director Helene Schneider, who was working on homelessness. He thanked Mr. Ahem for bringing attention to the dim lighting in the Council Chambers. He stated that he missed the opening of the Dick Van Dyke art exhibit at City Hall and encouraged the public to Visit the gallery. He commented on the quality of the exhibits and thanked the Arts Commission.
Councilmember Riggins commented on preparations by the Sheriffs Department and Fire Department for the upcoming fire season. She discussed the recent evacuation zone notification test for Point Dume and advised residents who were not alerted to sign up for emergency notifications. She stated that she attended the League of California Cities Annual Conference in Sacramento. She congratulated newly elected Mayor Uhring.
In response to Councilmember Riggins, Mr. Pera stated three MRCA rangers were typically assigned to the Malibu area and stated there were night and day patrols throughout the week.
Councilmember Silverstein thanked the public speakers and those who submitted written comments. He stated that he attended his last California Strategies meeting and that the new Mayor and Mayor Pro Tem would attend mture meetings. He stated that he spent much time reviewing the appeal that was scheduled to be heard tonight night, but was continued. He stated that it was beneficial for the Council to have the communications received from the public about the ADU discussion from the prior meeting. In response to Mr. Keegan, he provided an update on school safety efforts. He stated that he and Councilmember Grisanti were appointed to the ad hoc committee promptly with the obj ective to have the assessment report before the 2022-23 school year began but it was delayed by the school district’s slow deliberate process. He stated that he received a draft report some time ago and people would be pleased with the good recommendations, but it shod have been provided sooner. In response to Mr. Ross, he identified recipients of benefits or questionable discretionary decisions: POOSH, Yves Saint Laurent, Nobu, Steve Soboroff, and James Perse. He stated that there were billionaires and celebrities who lived on Point Dume who were identified to him by various residnts, and those interested in more information could speak to him directly. He stated that there were numerous wealthy property owners that went before the Flaming Commission and City Council routinely and more frequently for variances and questionable projects than average Malibu residents. He requested a consensus from Council to bring back an item to amend the SEP ordinance to have a reasonable noticing requirement that informed residents and provided them the opportunity to obj ect.
Mayor Uhring indicated his
recommendation.
support for Councilmember Silverstein’s
Mayor Pro Tem Stewart commented that SEPs for private property were related to ul
e
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TUPs for commercial properties, and there should be consistency between the two.
He suggested the matters be brought back together. He commented on the inconsistencies with the TUP process as it pertained to the triathlon.
Interim City Attorney Rusin requested clarification if there was support for the Council to bring back an option to initiate a zoning text amendment for when the TUP ordinance comes before the Council.
Mayor Pro Tem Stewart stated that he preferred having both issues brought back together.
Councilmember Riggins recommended having the issue studied by the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES).
Mayor Uhring stated there were discrepancies between the processes TUPs and SEPs but making them consistent with each other shouldn’t be problematic and he would prefer having the matter addressed quickly without going through ZORACES.
Interim City Attorney Rusin stated that if the matter was brought back with the option for the Council to initiate the amendment, at that point it could be decided if it went straight to the Planning Commission or ZORACES.
In response to Mayor Uhring, Councilmember Riggins recommended caution when considering amendments. She stated that there were times where individuals proposed parties or other events that might be inconsistent with what residents wanted, but she also did not want residents to be unduly burdened when trying to permit their own small events
Commissioner Silverstein stated that he asked for consensus for an item to be brought back to decide whether an amendment should be proposed. He stated that they were not supposed to be engaged in discussion about the amendment. He stated he heard one second to his proposal from Mayor Uhring.
Councilmember Grisanti stated that when Item No. 6.B. was discussed, penalties for misrepresentation could be discussed and they would get a good sense of whether SEPs and TUPs should be considered together.
Councilmember Silverstein stated that there would be discussion on the matter during Item No. 6.B. He stated that he would talk at length about the weekend event, which was a cautionary tale as to why Item No. 6.B. made sense. He stated that Item No. 6.B. had to do with what the rule should be, for which there would then be enforcement. He stated that his proposed item would establish a rule.
Councilmember Grisanti stated that when a person applied for a permit or did not, and then held an event that was larger than was permitted, or permittable, or violated their conditional use permit (CUP), that it was appropriate for a much more Malibu City Council
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serious set of consequences than currently existed.
Councilmember Silverstein clarified that what he proposed had nothing to do with enforcement. He stated that the current rule, was that there was no pre-notice requirement for getting an SEP. He stated an applicant could go into the City the day prior or the day of the event, and it could be granted that day. He stated, by contrast, a TUP required substantial advance notice so that the public might obj ect, a considered decision made, and proper safety protocols put into place. He stated all those elements needed to be established. He stated what he was specifically talking about was coming back for a decision on whether to amend the provision to impose certain noticing requirements. He stated that Item No. 6.B. was addressing penalties for violations.
Mayor Pro Tem Stewart recommended TUP and SEP regulations be brought back together. He indicated agreement with Commissioner Riggins’ suggestion for the matter to be addressed in a ZORACES meeting. He stated that he understood from Interim City Attorney Rusin, that they either assigned it back to Council, the Planning Commission, or ZORACES.
In response to the Mayor Pro Tem Stewart, Interim City Attorney Rusin stated that he thought what he was suggesting was to have an item brought back initiating a zone text amendment (ZTA), to address the notice provisions ofthe SEP ordinance, while the TUP ordinance was brought forward for consideration by the Council. He stated that at that point, it could be decided by Council whether to initiate that ZTA, and if it was wanted for the ZTA to go to ZORACES or go straight to the Flaming Commission. He stated that he believed he wanted to bring that item forward at the same time as the TUP ordinance.
Mayor Pro Tem Stewart stated that was correct and there was cleanup that needed to be done both code sections, and his recommendation was for it.to be done all at one time.
Councilmember Silverstein stated that he respected everyone’s position, and that he believed he was in the minority and that it would not come back the way that he and Mayor Uhring proposed. He stated that he would have much more to say about the POOSH matter when Item No. 6.B. was heard.
Mayor Pro Tem Stewart commented on the tremendous loss of Los Angeles County Sheriff Deputy Ryan Clinkunbroomer from the Palmdale station. He stated that the Sheriff Department and the Volunteers on Patrol (VOP), protected and served the community every day. He reported that he attended the PCH task force meeting and discussed jurisdiction of the Zuma Beach underpass and stated that it was not the City’s, was on Beaches and Harbors’ land, with Caltrans access, and the U.S.
Department of Wildlife Fish and Game said there were tidewater gobies in the water flooding the underpass. He stated that the City of Malibu was not mentioned except to say they were concerned about the safety aspects of cars entering and leaving PCH and the effect it had on the City. He stated that if the City had more control Malibu City Council
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they would probably have a better solution for the triathlon. He reported that he attended a Las Virgenes-Malibu Council of Governments (COG) meeting. He spoke highly ofthe Library Speaker Series and stated that the Beatles’ Sgt. Pepper’s Lonely Hearts Club Band event was well attended. He stated that SEP, TUP, and STR issuance problems needed to be addressed and emphasized the importance of enforcement in obtaining compliance. He stated that there would be a Special City Council meeting on September 27, 2023 to adopt the FY 2023-24 Work Plan. He addressed the rise in negative comments about permits and code enforcement and emphasized that the facts needed to be established before going public with onesided reports and rumors. He stated that the City staff had a side to the story that needed to be heard and respected for their efforts. He likened the Council’s role to that of a board of directors, to give a policy and oversee and support the citizens.
He acknowledged the press that were present at the meeting. He referred to the City Council’s Rules of Procedure and Decorum. He read the introductory paragraph that pertained to members of the City Council conducting themselves in an orderly and businesslike manner to ensure the business of the City would be attended to, efficiently and thoroughly. He stated that they needed to be careful to protect the image of the City. He stated that the Council did a good job and thanked former Mayor Silverstein and stated that they had a greattransition from the prior City Council, worked well together, with a lot of respect, on many different ideas, but were able to get things done.
Mayor Uhring thanked the public speakers and stated that there was much to be done by the Council. He stated that a noticing requirement for SEPs made sense and benefitted residents by being informed, but he wished it was a simpler process. He stated that the upcoming Special City Council meeting on September 27 to adopt the FY 23-24 Work Plan was a start at the development of a process to ensure progress was made on the City’s projects. He thanked City staff for their work on the Library Speakers Series, and stated it was fun and informative and encouraged community participation. He acknowledged McDermott Plumbing’s contributions to the community since 1970 and stated that they sold their business and retired. He requested consensus for the Council to commemorate their 50 years in the community.
CONSENSUS
By consensus, the Council directed staff to schedule commendations for Pat and Jim McDermott in recognitiOn of their retirement.
Mayor Uhring stated that there were reports that the hardware store on Cross Creek Road was asked to leave. He stated that he did not want to live in a city without a hardware store and requested anyone with information on the matter to provide him with an update. He discussed a letter the City received from Ann Ravel, the former Chair of the Fair Political Practices Commission (FPPC), that raised questions about how Commissioners and Councilmembers were selected and the conflict of interest rules. The letter raised concerns that some of the things that the City was doing were not in line with the conflict of interest rules.
Interim City Attorney Rusin cautioned Mayor Uhring about disclosing any Malibu City Council
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attorney-client privileged communication.
Mayor Uhring stated that he understood and would like to have this issue scheduled during open session at a future meeting. He stated that discussion should take place before any response letters were sent out. He stated that the matter would be reported in the Los Angeles Times newspaper.
Mayor Pro Tem Stewart stated that he was not sure that they were ready to have that conversation at the Council level. He stated that if this was baseless, time should not be spent commenting. He stated if there were valid points, they relied on the City Attorney to prepare a response letter, and once they saw it, they would have more guidance.
Mayor Uhring stated that he did not have a problem with the City Attorney providing the Council comments, but the author of the letter had good credentials in terms of understanding the law and how it should be applied. He stated that by not taking the letter seriously, the City would look bad.
Councilmember Silverstein stated that if he understood correctly, what Mayor Uhring proposed was that before the City provided a formal response, the City Council should have an opportunity to be educated by the City’s attorney, and agree or disagree with the position that the staff proposed to take before it was taken. He indicated support for Mayor Uhring’s recommendation. He stated that when he ran for City Council, part of his platform was that the City had not had an attorney on the Council for over a decade and there were times the City Attorney’s advice needed to be challenged. He stated that he was not saying this was one of them, but it could be, and indicated support for a City Council discussion in closed or open sess1on.
Councilmember Grisanti stated that he would be okay with that if it were discussed in closed session. He stated that he read the letter and he was not comfortable with the tenor of the letter.
Mayor Uhring stated that he had a slightly different take.
Councilmember Riggins stated that as seasoned and respected the letter writer was, at the time she was a private citizen, the City had not received notification from the FPPC, and there was no evidence that any improprieties had occurred.
Mayor Uhring stated that his information indicated that the author of the letter would file an FPPC complaint.
Councilmember Grisanti stated, if she did so she may provide some evidence.
Councilmember Silverstein confirmed with Interim City Attorney Rusin that the letter was a public record. He stated that there were many mischaracterizations about the content of that letter. He stated that it was not an issue of a lack of Malibu City Council
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evidence in that letter, the letter stated a legal proposition and had nothing to do with proving anything. He stated that it would be Wise for people to obtain and read the letter and form their own opinions. He stated that he joined Mayor Uhring in believing that before the City formulated a position, the Council should consider that position.
Mayor Pro Tem Stewart stated that he was not advocating to not address the letter, but he understood it was addressed only to the City Attorney and City Manager. He stated that it would be appropriate for the Council to see the proposal, the response, and What the facts were. He clarified that he wanted to see the letter before deciding if it should be addressed in, public, if it could be done in closed session, if they were going to be sued, or if the letter’s author had a basis for going to the FPPC. He stated that they may want to see if the FPPC even wanted to investigate it.
Councilmember Riggins stated that the theoretical discussion was conducted without any evidence of Councilmember or Commissioner wrongdoing. She stated that she thought what they said was to let the City Attorney advise them on their positiOn, and if something went forward to the FPPC and they made a determination, the position could be reviewed. She stated that they were going forward with the presumption of guilt.
Mayor Uhring stated that he had taken numerous ethics courses, and all made a maj or point about perception. He stated that it might be right, but if it looked wrong, it sent a message to residents that there might not be as much transparency as there should be.
In response to Mayor Uhring, Mayor Pro Tem Stewart stated that he wanted to see the letter.
Interim City Attorney Rusin clarified that a discussion on the matter could not take place, because it was not on the meeting agenda and the Council needed to decide whether they wanted to place the item on a future agenda.
In response to Mayor Uhring, Interim City Attorney Rusin stated that action could not be taken on any item not on the meeting agenda, but staff would consider if there was an item coming back whether to .send out any further response.
In response to Mayor Uhring, Interim City Attorney Rusin stated that the Council should adhere to the agenda, and ifthey wanted an item brought back for discussion of the Revel letter, that could be done.
Councilmember Silverstein stated that he understood Mayor Uhring’s proposal was for an item to be brought back before a letter went out on behalf of the City. He stated that he supported having that item come back. He stated that technically, the letter could be sent out before the Council voted on it, but he thought that would not occur. He stated that he understood that was his proposal, he heard from other Councilmembers that they agreed that it should be seen by them before a decision
CONSENSUS
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was made, but he was not hearing agreement to have an item brough back that required the Council review the City’s position.
Councilmember Grisanti stated that he favored a discussion about it in a closed sess1on.
Councilmember Silverstein stated that he supported that but did not know if the discussion could be held in closed session.
Councilmember Grisanti stated that he had not said that the conclusion would not be reportable, but he would like the discussion to take place in closed session.
In response to Councilmember Silverstein, Interim City Attorney Rusin stated that it appeared there was support for a discussion of the letter if aspects of it could be discussion in closed session, but if not appropriate in closed session, there was not support to put it in open session, and inquired if that was accurate.
Mayor Pro Tem Stewart stated that it was his preference for the discussion in closed session. He stated that he agreed with Councilmembers Grisanti and Riggins, that people were innocent until proven guilty and he wanted to see what the facts were.
Mayor Uhring stated that it sounded like what they wanted to do was bring it back, review the letter, and do it in closed session.
Interim City Attorney Rusin stated that he had direction from the Council that if there were aspects of this that could be disCussed in closed session the item should be scheduled for a closed session, but there was not consensus to have an open session item to discuss the Ravel letter.
Councilmember Silverstein. clarified the City Attorney’s comment and stated that if the City Attorney concluded that a closed session discussion was not appropriate the item would not be brought back and staff could respond to the letter without input from the City Council..
In response to Mayor Uhring, Interim City Attorney Rusin stated that there had not been any direction to bring the item back in open session, if there were aspects of it that could be brought in closed session, there was consensus to bring that, ifthere was not a way to bring back in closed session, then it would not be brought back to you, but the letter would be shared with the Council before it was sent out.
Councilmember Silverstein stated that the Council would not necessarily have the opportunity to discuss it and change the view that the City proposed to take.
Interim City Attorney Rusin stated that they could only bring an item in closed session if there was an appropriate topic for them to cover in closed session.
Malibu City Council
Minutes of September 25, 2023
By consensus, the Council directed staff to schedule a closed session to discuss the Ann Ravel letter, if appropriate.
ITEM 3
MOTION
CONSENT CALENDAR
Mayor Uhring moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar. 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:
A. Previously Discussed Items
1. Woolsey Fire Fee Waiver Program
Recommended Action: Adopt Resolution No. 23-40 superseding and replacing Resolution No. 2 l -62, directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence, and finding the action to be exempt from the Califomia Environmental Quality Act.
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 70226-70328 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. 732 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,768,413.82. City of Malibu payroll check number 5371-5373 and ACH deposits were issued in the amount of $424,094.13.
3. Approval of Minutes
Recommended Action: Approve the minutes for the November 14, 2022 Malibu City Council Regular meeting, November 28, 2022 Malibu City Council Regular meeting, December 12, 2022 Malibu City Council Regular 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.
5. Amendment to Professional Services Agreement with CJ Biomonitorin __g; LLC for Biological Review Consulting Services
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with CJ Biomonitoring, LLC. extending the term of agreement.
Malibu City Council
Minutes of September 25, 2023
6. Professional Services Agreement with Rincon Consultants, Inc. l Recommended Action: Authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. in the amount of $197,493 to prepare the 2021-2029 Housing Element Update as needed to address State requirements.
7. Acceptance of Storm Drain Trash Screen Installation Phase II Proj ect Recommended Action: l) Accept the work performed by United Storm Water, Inc. for the Storm Drain Trash Screen Installation Phase II Project, Specification No. 2102 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
8. Professional Services Agreement with Managed Career Solutions Recommended Action: Authorize the City Manager to execute a Professional Services Agreement With‘Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers (MCS) for the removal of non-native vegetation and thinning of native vegetation at Legacy Park.
9. Investment Report for the Month Ending August 3 1, 2023 Recommended Action: Receive the Investment Report for the month ending August 3 1, 2023.
10. Approve Amendment to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Provide for the Drafting and Filing of Comments Seeking to Reduce the Impact ofAviation Noise Generated from Changes to Los Angeles International Airport Flight Paths Recommended Action: Authorize the City Manager to execute a third amendment to the Agreement for Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. and direct Mr. Taber to prepare and file, in a form approved by the City Attorney and the City Manager, all necessary and appropriate public comment letters and/or related filings regarding the FAA’s ongoing Noise Policy Review, and the Environmental Assessment for the new flight procedures over Malibu that are proposed for the operations of Los Angeles International Airport, in order to reduce the impact of aviation noise on the City’s residents.
ITEM 6 NEW BUSINESS
Code Enforcement Ad Hoc Committee (Continued from September 11, 2023) Recommended Action: 1) Consider forming a Code Enforcement Ad Hoc Committee, and 2) Direct the Code Enforcement Ad Hoc Committee to work with the City Manager and City Attomey to review the City’s code enforcement fines and penalties and provide recommendations back to City Council.
B.
City Manager McClary presented the staff report.
Mayor Uhring opened the floor to public comment.
Speakers: Janet Fulk, Scott Dittrich, Jo Drummond, Kevin Shenkman, Kraig Hill, Mary Phagan, Jessica Klein, phone user area code 323, George Lincoln Rockwell, Malibu City Council
Minutes of September 25, 2023
Henrick Yagoda, Sadie Enwird, and Michael Hunt
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
MOTION
The Council discussed the item and directed questions to staff.
Councilmember Silverstein moved to form a Code Enforcement Ad Hoc Committee.
The motion died on the floor due to lack of a second.
The Council discussed the item.
Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to direct ZORACES to review the City’s code enforcement flnes and penalties and provide recommendations back to City Council.
The Council discussed the motion and directed questions to staff.
MOTION
RECESS
ITEM 4
The question was called and the motion carried 3-2, Councilmember Silverstein and Mayor Uhring opposed.
Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to hear Item Nos. 4.B. and 6.A. after 10:30 p.m. The question was called, and the motion carried unanimously.
At 10:00 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 10:10 p.m. with all Councilmembers present.
MOTION '
ORDINANCES AND PUBLIC HEARINGS
Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 An application to demolish an existing singlefamily residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner: IBN Properties, LLC) (Continued from September 11, 2023)
Recommended Action: Continue this item to the October 9, 2023 Regular City Council meeting.
This item was continued to the October 9, 2023 Regular City Council meeting upon approval of the agenda.
Appeal No. 23-007 - Appeal of the Flaming Director’s denial of Temporary Use Permit No. 23-004 for the Malibu Triathlon (Location: Zuma Beach, 30050 Pacific Coast Highway, APN 4469-027-901, Owner: Los Angeles Coung, Applicant/Appellant: Super League Triathlon)
MOTION
Malibu City Council
Minutes of September 25, 2023
Recommended Action: Adopt Resolution No. 23-46, denying Appeal No. 23-007, and denying Temporary Use Permit No. 23-004 for the Malibu Triathlon in the Public Open Space (OS) zoning district at 30050 Pacific Coast Highway (Los Angeles County).
Disclosures: Councilmembers Grisanti, Riggins, and Silverstein, Mayor Pro Tem Stewart, and Mayor Uhring
Flaming Director Mollica presented the staff report.
Mayor Uhring opened the floor to public comment.
Speakers: Brennan Lindnor, Jeff Dritley, Chris Frost, Mike Tosch, David Albrecht, William Gelner, Coline Stephenson, Judy Villablanca, Jo Drummond, Steve Dark, Lloyd Ahern, Mary Kane, Danielle Borja, Steve Wiseman, Jeff Kletter, Pamela Conley Ulich, Lauren Cosentino, Michelle Nolen, Tara O’Reilly, David Weil, Jade, Rosa O’Reilly, Lara Weberling, Leonard Frank, Deb Carabet, June O’Tesser, Kai Cater, Robert J. Hansen, Jamie Francis, Howard Rudzki, Mary Phagan, and Sammy Thompson
Brad Hirsch was not available at the time of the hearing.
Brennan Lindner and Fred Gaines provided rebuttal.
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff and Mr. Lindner.
Mayor Silverstein moved, and Councilmember Riggins seconded a motion to continue Item No. 6.A. Outdoor Warning Sirens System to the October 9, 2023 Regular City Council meeting.
The Council discussed the motion.
The question was called, and the motion carried unanimously.
RECESS At 12:04 a.m., on September 26, 2023, Mayor Uhring recessed the meeting. The meeting resumed at 12:23 a.m. with all Councilmembers present.
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to adopt Resolution 23—46, as amended with findings to grant Appeal No. 23-007, and approve Temporary Use Permit No. 23-004 for the Malibu Triathlon in the Open Space (OS) zoning district at 30050 Pacific Coast Highway.
SECTION 3. Findings for Granting the Appeal.
Malibu City Council
Minutes of September 25, 2023
The appellant contends that several factors outside oftheir control forced a redesign of the intended routes for the event. The factors included severe flooding and the creation of an environmentally sensitive area around the Zuma Underpass which has impacted their ability to use the proposed racecourse. The racecourse had not. been finalized before the deadline for the City to issue the 32-day public notice nor was it finalized prior to the 24—day deadline to render a decision, and therefore, the Flaming Director denied TUP No. 23-004.
Based on evidence contained Within the record, including the agenda report, the appeal, and the testimony provided at the hearing on September 25, 2023, and pursuant to the MMC, the City Council adopts the findings of fact, granting the appeal and finds that substantial evidence in the record supports approval of TUP No. 23-004. In addition, the analysis, findings of fact, as well as the testimony and materials considered by the City Council are incorporated herein as though fully set forth.
A. The City Council finds that notice was provided consistent with MMC
17.68.050, which requires a five-day public notice of the event. The applicant provided mailed written notice consistent with MMC section 17.68.050 on or about September 20, 2023. This event has also been consistently advertised and proposed for this date and this apprOximate location (the same general location it has been held in during this same period of time for many years). This event has received substantial attention from the public and the date and approximate location is well known to the community.
B. The City Council makes the findings for approval as more fully detailed in attachment A (permit).
ITEM 5
ITEM 6
The question was called, and the motion carried 4-0, Councilmember Silverstein abstaining.
OLD BUSINESS
None.
NEW BUSINESS (Continued)
ITEM 7
Outdoor Warning Sirens System (Continued from September 11, 2023) Recommended Action: l) Receive a presentation on outdoor waming sirens; and 2) Provide directions to staff regarding the implementation of an outdoor warning system.
This item was continued to the September 25, 2023 Regular City Council meeting.
COUNCIL ITEMS
Council Appointment to the Flaming Commission
Malibu City Council
Minutes of September 25, 2023
Recommended Action: Councilmember Stewart may make a new appointment to the Flaming Commission.
This item was continued upon approval of the agenda.
ADJOURNMENT
Mayor Uhring adjoumed the meeting at 12:35 a.m., on January 26, 2023, in memory of Los Angeles County Sheriff Deputy Ryan Clinkunbroomer.
Approved and adopted by the City Council of the
City of Malibu on March ll, 2024.
STEVE %§w UHRING Mayor
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