MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
OCTOBER 9, 2023
COUNCIL CHAMBERS
6:30 P.M.
The following meeting was held pursuant t0 AB 361 and teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 5:30 pm.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
PUBLIC COMMENT ON CLOSED SESSION
MLJL.._L
Mayor Uhring opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 5:02 p.m., the Council recessed to Closed Session to discuss the following item listed on the Closed Session agenda:
Conference with Legal Counsel — Existing litigation pursuant to Government Code Section 54956.9(d)(1):
1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD
REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:30 p.m.
ROLL CALL
The followingpersons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
Malibu City Council
Minutes of October 9, 2023
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, Planning Director; Susan Dueflas, Public Safety Director; Rob DuBoux, Public Works Director; Christina Wood, Deputy City Attorney; Christina Munoz, Deputy City Clerk; Paolo Quinto, Environmental Health Administrator; Fletcher Allen, Assistant Planner; Raneika Brooks, Senior Planner; Tyler Eaton, Senior Planner; and Nadia Fahoum, Assistant Civil Engineer
PLEDGE OF ALLEGIANCE
Don Schmitz led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(l), with all Councilmembers present. He 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 September 29, 2023, with the amended agenda posted on October 6, 2023.
APPROVAL OF AGENDA
MOTION Councilmember Silverstein moved, and Mayor Uhring seconded a motion to: l) approve the agenda; 2) adj ourn in support of the Victims in Israel and Palestine; 3) hear Item No. 3.B.4. concurrently with Item No. 5.A.; and 4) hear Item Nos. 6.A. after the Consent Calendar.
FRIENDLY AMENDMENT
Councilmember Riggins moved to hear Item Nos. 5.A. and 6.B. after Item No. 6.A.
The amendment was accepted by the maker and the seconder of the motion.
The question was called, and the amended motion carried unanimously.
MOTION Councilmember Silverstein moved, and Mayor Uhring seconded a motion to continue Item No. 4.B. to the October 23, 2023 Regular meeting. The question was called, and the motion failed 2-3, Councilmembers Grisanti and Riggins and Mayor Pro Tem Stewart opposed.
Malibu City Council
Minutes of October 9, 2023
CEREMONIAL/PRESENTATIONS
Presentation of City Tile to Fletcher Allen for Seven Years of Service to the City of Malibu
Mayor Uhring presented a City Tile to Fletcher Allen, Assistant Planner, for seven years of service to the City of Malibu.
Assistant Planner Allen thanked the Council for the recognition.
Update Regarding Separation from Santa Monica-Malibu Unified School District Deputy City Attorney Wood presented the update regarding separation from Santa Monica-Malibu Unified School District.
Presentation on Environmental Health Program Updates
Environmental Sustainability Director Bundy and Environmental Health Administrator Quinto provided a presentation on Environmental Health Program updates.
ITEM 2.A. PUBLIC COMMENTS
Jill Hawkins discussed the importance of equal access to public education for unvaccinated individuals, vaccine status discrimination, and her concerns about vacc1nes.
Maggie Rooney deferred time to Ms. Drummond.
Ann Doneen deferred time to Ms. Drummond.
Jo Drummond commended Environmental Health Administrator Quinto for his assistance on her project. She discussed the Ann Ravel letter and requested Councilmembers Grisanti and Riggins remove their Flaming Commissioner appointees, Dennis Robert Smith and Skylar Peak, in response to the letter. She discussed conflict of interest in the appointment of commissioners. She requested the matter be discussed at a public Special City Council meeting.
Steven deferred time to Mr. Hassemi.
David Hassemi discussed his house and trees his neighbor planted that obstructed his View of the city and ocean. He presented pictures of the View from his home and requested his View to be restored.
Jefferson Wagner discussed the Ann Ravel letter and the California Fair Political Practices Commission (FPPC). He discussed transparency and previous searches of his property when he was on the Council. He stated that he knew both Planning Malibu City Council
Minutes of October 9, 2023
Commissioners referenced in the letter as respected members ofthe community but stated that the letter merited some consideration. He discussed his recusal from proj ects near his home when he served on the Council.
Kevin Shenkman discussed the Santa Monica California Voting Rights Act litigation. He discussed trustee area elections for the Santa Monica-Malibu Unified School District. He announced a rally would be held on October 10, 2023 at 5:00 pm. outside of Santa Monica City Hall to convince their City Council to stop the expensive eight-year legal battle against voting rights.
Jake Lingo discussed coordination of field use at Bluffs Park by Malibu Little League and the American Youth Soccer Organization (AYSO) and conflicts with Maj or League Soccer’s youth program, MLS GO to the detriment of Little League and AYSO. He discussed the work and equipment provided by AYSO to maintain the fields. He requested that the City honor their decades-old tradition of hosting community-based sports leagues at Bluffs Park and not sacrifice precious field space for new organizations. He stated that he was working With City staff on allocation of field space.
Tim Ryan deferred time to Scott Schoenberger.
Scott Schoenberger discussed AYSO and stated that he was with the 59-year-old program for more than 20 years. He discussed the benefits of soccer on youth, the volunteers extensive training for safety, and equipment maintenance. He thanked the Council for their support.
Amor Magna discussed AYSO field space conflicts with MLS GO and read the response letter that was submitted to the City.
Lloyd Ahern discussed an appropriation item on the upcoming Administration and Finance Subcommittee meeting agenda. He discussed lighting issues in the Council Chambers and asked the subcommittee to put a caveat on funding that allowed additional funds to be made available for the proj ect. He stated that the background for speakers at the podium needed to be changed to allow more visibility of speakers. He discussed better camera coverage for Council meetings. , Paul Bellman discussed AYSO history as a nationwide non-profit organization and their coordination with Malibu Little League.
John Alfano discussed Malibu Little League and thanked the City for their support and improvements to Bluffs Park. He spoke in support of AYSO and the parent and volunteer efforts and expense in field maintenance. He discussed field space coordination challenges.
Howard Rudzki discussed City staffing issues and challenges in employee retention which included inadequate staffing and excessive workload.
ITEM 2.B.
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Minutes of October 9, 2023
Ryan Embree discussed potential solutions to tied votes at the Planning Commission. He recommended the Council appoint one or two alternate Planning Commissioners as other cities had to avoid disruption in the City’s business.
Matthew North discussed the important role of information in decision making.
Bill Sampson discussed the FPPC matter and stated that the presumption of innocence was a criminal law concept. He stated that he did not believe there was wrongdoing by the Planning Commissioners referenced in the Ann Ravel letter but that there should be recusals when there was even the appearance of conflict of interest.
Kraig Hill discussed permit review fees. He discussed conflict of interest in Flaming Commission decisions and the Ann Ravel letter and stated that if the claims had merit, they should be addressed. He clarified that he had not called for the resignation of the Commissioners in question. He stated that those called to testify as witnesses for the FPPC were not necessarily the complainants. He stated that the Commissioners in question should recuse themselves during the FPPC inquiry and spoke in favor of appointment of temporary alternate Commissioners.
He clarified that he only voted to send the 6734 Zumirez appeal heard by the Flaming Commission to City Council because he was advised by the City Attorney that it was required.
Alicia Peak thanked ”the Councilmembers for their service and commended Community Services staff for their work. She discussed controversies over use of the pool and City playing fields. She recommended the organizations in disagreement communicate and cooperate for the sake ofthe community. She stated that the conflicts highlighted that a new pool and more field space was needed.
Hovsep, Henry Himmel, Christopher Barry, Randy Fine, and Mary Phagan were not available at the time of the hearing.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
City Manager McClary discussed the approval of Assembly Bill (AB) 1500 for the three-year extension of property tax exemptions for those affected by the 2018 Woolsey Fire. He reported that Deputy City Manager Brown met with Los Angeles County Supervisor Lindsey Horvath the past week to discuss issues that impacted Malibu. He reported that he attended last week’s Environmental Sustainability Subcommittee meeting where Dark Sky Ordinance compliance was discussed. He announced there was an Administration and Finance Subcommittee meeting scheduled for October 10, 2023, at 10:00 a.m. where the Trancas Park restoration project and allocation of funds for Council Chambers lighting and broadcast improvements would be discussed. He stated that the City submitted comments to the Federal Aviation Administration (FAA) on September 29, 2023, regarding their noise policy review and urged them to adopt rules that reduced noise caused by their Los Angeles International Airport aircraft route changes. He stated that a press Malibu City Council
Minutes of October 9, 2023
release on the City’s six-month goals was in progress. He éommended Public Safety Director Dueflas for her flre preparation presentation at the prior week’s Business Roundtable meeting. He announced the release of the request for proposals for the community outreach consultant for the City’s vacant property uses. He announced' the screening of the Halloween animated classic the Addams Family at Bluffs Park would be held on Friday, October 13, 2023. He announced the Malibu Library Speaker Series would be held on Wednesday, October 18, 2023, at 7:00 pm. at City Hall featuring author David Quammen. He announced the Environmental Sustainability Department would have an outreach booth at the October 15, 2023, farmers’ market. He reported the Woolsey Fire rebuild statistics to date: 272 building permits for single-family homes were issued, 143 single-family dwellings were complete, 18 multi—family building permits were issued, and 12 multi-family building units were complete. He stated that a detailed report was forthcoming on the analysis of the issuance of the special event permit (SEP) for the September 22, 2023 event on Via Linda Street, and provided an update on the preliminary research. He provided statistics on SEP issuance since 2019 and stated there were 186 issued, with 10 of those submitted the day prior to the event.
Sergeant Soderlund, Los Angeles County Sheriff’s Department, provided the September 2023 crime statistics. He reported 352 part-one crimes year-to-date which demonstrated a 9.5 percent reduction from the 389 at the same time in 2022.
He reported an individual was arrested on Pacific Coast Highway (PCH) for assault and criminal threats. He reported an individual was arrested for theft and trespassing on Sweetwater Canyon Drive. He reported an individual was arrested for arson on PCH. He reported an individual was arrested for theft and vandalism on Civic Center Way. He reported there were seven burglaries and one theft from vehicles on PCH in the Malibu Lagoon and Surfrider Beach area. He reminded the public to lock their vehicles and secure their valuables. He reported the recent Malibu triathlon had no major issues. He provided an update on the incident that involved the body found in a barrel the Malibu Lagoon and stated their Homicide Bureau had made major progress in the case. He reported that there was a fatality on Malibu Canyon ROad the night prior, where a driver hit a power pole at a high rate of speed. He discussed the zero-bail policy that started on October 1, 2023, and stated that only serious and Violent felony offenders would be jailed, with others released onsite with a citation for a court appearance.
In response to Councilmember Silverstein, he stated that the assault, theft, trespassing, and arson arrests were of unhoused individuals. He stated that he did not have information on whether the body found in Malibu Lagoon was deceased in Malibu. He stated that if an individual committed a crime while out on zero-bail, whether they were taken into custody was dependent on the level of crime they committed, and the same policy would be applied despite it being a second offense.
City Manager McClary stated that a discussion item on the zero-bail policy would be on the next Regular Council meeting agenda.
In response to Councilmember Riggins, Sergeant Soderlund stated that Surfrider ‘J,
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QJ4aL~V
ITEM 2.C.
Malibu City Council
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Beach, as a State Beach had their own signage, but there was the electronic board on Malibu Canyon Road and signage in other areas that reminded people to lock their vehicles and secure their valuables.
Councilmember Grisanti cautioned that vehicle doors could be opened without locating the key fob if it was-hidden on the vehicle. He stated that the Las VirgenesMalibu Council of Governments (COG) had a meeting discussing the zero-bail policy.
Mayor Urhing commented on racing on PCH on Friday and Saturday nights and stated that speed cameras would be helpful in reducing incidents of speeding.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Silverstein thanked the public speakers and those who submitted written comments. He discussed the posted amended meeting agenda which removed the Closed Session item that addressed leasing at the Malibu Lumber Yard. He commented that Item No. 7.A. on the October 16, 2023 Flaming Commission meeting agenda was a staff presentation on Formula Retail Ordinance clearance with a single-page agenda report that was inadequate for the Commissioners, City Council, and the public for discussion preparation. He stated that a written presentation provided in advance of the meeting was required for a recommendation of receive and file. He stated that a written presentation would be helpiill when the Malibu Lumber Yard matter was brought back to the Council. He stated that he conducted his own analysis of the Formula Retail Ordinance application. He requested consensus on directing staff to table Item No. 7.A. on the October26, 2023 Planning Commission meeting agenda and place a Formula Retail Ordinance discussion item on the City Council agenda.
The Council discussed the matter and directed questions to staff.
By consensus, the Council directed staff to bring back a report on Formula Retail Clearance.
Councilmember Silverstein discussed the FPPC complaint from Ann Ravel regarding Skylar Peak and Dennis Smith’s participation on the Flaming Commission. He requested a Special meeting to discuss the complaint be scheduled for that week. He requested that Councilmembers Grisanti and Riggins recuse themselves prior to commencement of discussion on the matter as he had done during a previous unrelated matter.
In response to Councilmember Silverstein, Interim City Attorney Rusin provided clarification on recusal criteria.
Councilmember Grisanti thanked everyone who reminded them that it was election seaSOI’I.
CONSENSUS
CONSENSUS
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Councilmember Riggins discussed the complaint to the FPPC and their pending investigation and stated that it was going to have far-reaching applications if it were determined to be factual that a licensed contractor could not sit on a commission of a city where they resided.
Councilmember Silverstein commented on the Ann Ravel letter about conflict of interest. He provided a summary of discussions on the matter at previous Council and Flaming Commission meetings and a chronology of events which he found questionable. He stated his reasons for asking for consensus on holding a Special public meeting no later than Thursday of that week.
Councilmember Grisanti explained the website Councilmember Silverstein referenced was outdated and from his time at Coldwell Banker. He stated that as a realtor, people sought his advice on projects, which was not atypical.
Mayor Uhring stated that they had a responsibility to the residents to appear ethical and transparent and that it was a serious complaint that deserved a serious response from the City and should not be ignored.
Mayor Pro Tem Stewart stated that the matter should be discussed in closed session as it was in alignment with Councilmember Silverstein’s assertion that the parties referenced in the letter should not speak publicly. He commented on the politicalization of the City Council and stated that they had worked well together for ten months. He thanked all parties involved in the triathlon and the money raised for the Children’s. Hospital. He indicated agreement with Ms. Peak’s comments about community needs for a pool and playing fields and that cooperation was needed between conflicting parties in the meantime. He commented on the Ann Ravel letter and stated that he was the only Councilmember who was not a respondent or a witness and speculated that attorney Ms. Ravel was retained by an unnamed client. He requested that perspective be kept on the matter as they await action by the FPPC.
In response to Councilmember Silverstein, Interim City Attorney Rusin clarified the criteria for holding a closed session meeting.
Councilmember Silverstein discussed the two appeals he submitted to the California Coastal Commission (CCC) and stated that the complaints he filed were on his oWn behalf and not that of a client, and that could be the case for the Ann Ravel letter. He stated that the City Council needed to take charge of the City’s response, and if it was not in alignment with Council direction, he would respond himself.
Mayor Uhring stated that he did not know why he was called as a Witness on the matt6r.
Malibu City Council
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By consensus, the Council directed staff to schedule a Special meeting by Thursday, 0ctober 12, 2023, to hold a Closed SessiOn to discuss issues raised by the allegations in the FPPC complaint submitted by Ann Ravel.
Councilmember Grisanti reported that he recently had a conversation with Supervisor Horvath about a grant for remediation of beaches in Los Angeles County, half of which would benefit Malibu. He reported that he attended part of the Business Roundtable meeting.
Councilmember Riggins thanked the public speakers who commented on the field space shortage and commended the AYSO and Little League for their years ofwork in the community. She suggested groups new to Malibu research facilities, rules, and requirements and contact City staff at least three months in advance of the beginning of their planned activity. She thanked Assemblymember Jacqui Irwin and her team, City staff, and those who helped get AB 1500 passed. She stated that she attended the Environmental Sustainability Subcommittee meeting, and they reviewed Dark Sky Ordinance compliance. She encouraged residents to learn the requirements of the ordinance as it would be applied to residential properties soon.
She announced that the Environmental Review Board would be hearing the skate park project proposal on Wednesday, October 11, 2023. She encouraged the public to get involved in the process of exploring the use of the City’s vacant land. In response to Mr. Hassemi, she encouraged him to work with staff on view protection and the process in place.
Mayor Uhring thanked the public speakers. He encouraged AYSO and Little League to work with Community Services Director Riesg'o about field space challenges. In response to Mr. Rudzki, he stated that he agreed that staff was overworked which was why they limited the strategic priority project list to 20 at the recent Special City Council meeting. He discussed the community’s perception of ethics, transparency, and fair treatment in favor ofthe rich and famous, and stated there were numerous actions by the City that support their concern. He discussed the Whole Foods shopping center that was based on a traffic study that indicated Malibu traffic had not increased in 25 years and the open space requirement being met by the construction of walls covered in foliage. He discussed recent special events and the lease arrangement at the Malibu Lumber Yard. He discussed the FPPC complaint and suggested cooperation and appropriate action be taken by the City.
ITEM 3
MOTION
CONSENT CALENDAR
Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to approve the Consent Calendar, pulling Item No. 3.B.4 to be heard concurrently with Item No. 5.A. The question was called, and the motion carried unanimously.
The Consent Calendar consisted of the following items:
Malibu City Council
Minutes of October 9, 2023
Previouslv Discussed Items
None.
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 70329-70478 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. 733 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $4,119,349.14. City of Malibu payroll check number 5374-5376 and ACH deposits were issued in the amount of $426,090.63.
3. Approval of Minutes
Recommended Action: Approve the minutes for the December 28, 2022 Malibu City Council Special meeting, and January 9, 2023 Malibu City Council Regular meeting.
5. Amendment to Professional Services Agreement with Newbury Park Tree Service, Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Newbury Park Tree Services, Inc. in the amount of $45,000 for a total not to exceed amount of $225,000 to extend the tree maintenance services for one year. 6. Amendment to Agreement for Annual Street Sweeping Services Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Agreement with Sweeping Corp of America for street sweeping services under the City’s Annual Street Sweeping Program.
7. Application for California State Department of Recycling and Resources Recovery (CalRecvcle) Grant Programs
Recommended Action: Adopt Resolution No. 23-47 authorizing the submittal of application for the California State Department of Recycling and Resources Recovery (CalRecycle) Grant Programs and related authorizations.
8. Amendments to Agreements for Flaming Contract Services Recommended Action: 1) Authorize the Mayor to execute Amendment No. 1 to Agreement with Joyce Parker-Bozylinski for planning contract services to allow for a one—year extension of the current existing agreement through December 13, 2024, and to update the rates for professional services as well as the total compensation; and 2) Authorize the Mayor to execute Amendment No. 1 to Agreement with JLee Engineering Inc. for planning contract services to allow for a one-year extension of the current existing agreement through October 11, 2024 and the total compensation.
ITEM 6 NEW BUSINESS
Malibu City Council
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Outdoor Warning Sirens Svstem (Continued from September 25, 2023) Recommended Action: 1) Receive a presentation on outdoorwarning sirens; and 2) Provide direction to staff regarding the implementation of an outdoor warning system.
Public Works Director DuBoux presented the staff report.
MOTION
MOTION
RECESS
MOTION
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speakers: John Mazza, Jo Drummond, and Ryan Embree
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
Mayor Pro Tem Stewart moved, and Mayor Uhring seconded a motion to direct staff to pursue Alternative 4 — Indoor Notification Systems identified in the staff report. The question was called, and the motion carried unanimously.
Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to continue Item No. 4.B. to the October 23, 2023 Regular City Council meeting. The question was called and the motion carried unanimously.
At 9:45 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 9:58 pm. with all Councilmembers present.
Mayor Uhring moved, and Councilmember Riggins seconded a motion to hear Item No. 4.A. next.
ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Consideration of Local Coastal Program Amendment No. 21-001, Malibu Middle and High School Campus Specific Plan. General Plan Map Amendment No. 21- 002. Zoning Text Amendment No. 22-002, and Zoning Map Amendment No. 22- 001 (Malibu Middle and High School Campus Specific Plan Overlay District) Recommended Action: 1) Adopt Resolution No. 23-48 amending the Local Coastal Program Amendment (LCPA) No. 21-002 specific to the Local Coastal Program (LCP) Land Use Plan (LUP) and corollary amendments to the Malibu Middle and High School (MMHS) Campus Specific Plan and General Plan Map Amendment (GPMA) No. 21-001, as adopted by Resolution No. 22-33 and pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on September 8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the California Environmental Quality Act and consistent with the EIR for the proj ect with no further environmental review under the California Environmental Quality Act required (CEQA; 2) After the City Attorney Malibu City Council
Minutes of October 9, 2023
reads the title of the ordinance, introduce on f1rst reading Ordinance No. 512, an ordinance of the City of Malibu amending LCPA No. 21—002, Zoning Text Amendment (ZTA) No. 22-002, and Zoning Map Amendment (ZMA) No. 22-001 , as adopted by Ordinance No. 501 and pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the California Environmental Quality Act and consistent with the EIR for the project with no further environmental review under CEQA required; 3) Direct staff to schedule a second reading and adoption of Ordinance No. 5 12 for the October 23, 2023 Regular City Council meeting; and 4) Direct staff‘to notify the CCC when‘the LCPA has been adopted.
H
Planning Director Mollica presented the staff report.
Mayor Uhring opened the floor to public comment.
Speakers: Jo Drummond (Ann Doneen deferred time to Ms. Drummond), Carl Randall, Stacy Rouse, and Karin Al—Harden
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
MOTION Mayor Pro Tem Stewart moved, and Mayor Uhring seconded a motion to: 1)_ Adopted Resolution No. 23-48 amending the Local Coastal Program Amendment (LCPA) No. 21-002 specific to the Local Coastal Program (LCP) Land Use Plan (LUP) and corollary amendments to the Malibu Middle and High School (MMHS) Campus Specific Plan and General Plan Map Amendment (GPMA) No. 21-001, as adopted by Resolution No. 22-33 and pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on September .8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the California Environmental Quality Act and consistent with the EIR for the project with no further environmental review under the Califomia Environmental Quality Act required (CEQA; 2) introduced on first reading Ordinance No. 5 12, as amended to correct Exhibits A and D, an ordinance ofthe City of Malibu amending LCPA No. 21-002, Zoning Text Amendment (ZTA) No. 22—002, and Zoning Map Amendment (ZMA) No. 22-001 , as adopted by Ordinance No. 501 and pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the Califomia Environmental Quality Act and consistent with the EIR fOr the project with no further environmental review under CEQA required; 3) directed staff to schedule a second reading and adoption of Ordinance No. 512 for the October 23, 2023 Regular City Council.
Interim City Attorney Rusin read the title of the ordinance.
ITEM 3
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The question was called, and the motion carried unanimously.
CONSENT CALENDAR (Continued)
New Items
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 N0. 23- 14, re-authorizing remote teleconferencing/Virtual meetings pursuant to AB 3 6 1 .
Item No. 3.B.4. was heard concurrently with Item No. 5.A.
ITEM 5 OLD BUSINESS
Hybrid Meetings and AB 361
Recommended Action: 1) Receive an update on AB 361 and AB 2449; 2) Consider discontinuing or suspending hybrid meetings, rescinding or ceasing to make the AB 361 findings, and/or provide direction on how hybrid meetings will operate after January 1, 2024; and 3) Provide direction on the meeting format for Commission, Committee, and Board meetings, if appropriate.
City Clerk Pettij ohn presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speaker: Kraig Hill
MOTION
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.
Councilmember Silverstein moved, and Councilmember Grisanti seconded a mOtion to: 1) terminate the findings of AB 361; and 2) determine only permanent residents of Malibu may participate remotely.
MOTION
The Council discussed the motion and directed questions to staff.
The motion was withdrawn.
Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to direct staff to bring back options for conducting hybrid public meetings that would provide some restriction for who could participate remotely, based around Malibu City Council
Minutes of October 9, 2023
residency.
FRIENDLY AMENDMENT
Councilmember Silverstein moved to direct staff to bring back options for conducting hybrid public meetings that allowed, but reasonably limited, remote participation in certain circumstances.
The Council discussed the motion and directed questions to staff.
Councilmember Riggins withdrew her second.
Mayor Uhring seconded the motion.
The amendment was accepted by the maker and the seconder of the motion.
The question was called, and the amended motion carried 4-1, Councilmember Riggins opposed.
MOTION Councilmember GriSanti moved, and Councilmember Silverstein seconded a motion to reaffirm Resolution No. 23-14, re-authorizing remote teleconferencing/Virtual meetings pursuant to AB 361. The question was called, and the motion carried unanimously.
MOTION Mayor Uhring moved, and Councilmember Riggins seconded a motion to hear Item No. 6.B. after 10:30 p.m.
The Council directed questions to staff.
The question was called and the motion carried unanimously.
ITEM 6 NEW BUSINESS (Continued)
t B. Malibu Schools Centralized Fundraising & Athletics Pathway Recommended Action: Direct the Administration & Finance Subcommittee to review and provide recommendation to City Council concerning special funding request or Malibu Centralized Fundraising & Athletics Pathway Initiative.
The Council directed questions to staff.
City Manager McClary presented the staff report.
Mayor Uhring opened the f100r to public comment.
Speakers: Stacy Rouse and Karin Al—Harden
John Mazza was not present at the time of the hearing.
MOTION
ITEM 4
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As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item.
Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to direct the Administration & Finance Subcommittee to review and provide recommendation to City Council concerning special funding request or Malibu Centralized Fundraising & Athletics Pathway Initiative. The question was called, and the motion carried unanimously.
ORDINANCES AND PUBLIC HEARINGS (Continued)
Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 — An application to demolish an existing singlefamilv residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner: IBN Properties, LLC) (Continued from September 25. 2023)
Recommended Action: Adopt Resolution No. 23-45 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 20—068 and Demolition Permit (DP) No. 20-028 for the demolition of an existing single-family residence and construction of a new 6,284 square foot single-family residence, 986 square foot basement, 510 square foot attached garage, 462 square foot detached garage, 471 square foot detached second unit, swimming pool, two spas, onsite wastewater treatment system (OWTS) and associated development; including Site Plan Review (SPR) No. 21-009 for construction up to 24 feet in height for a flat roof, located in the Rural Residential, One-Acre (RR-l) zoning district at 6734 Zumirez Drive (IBN Properties, LLC).
ITEM 7
This item was continued to the October 23, 2023 Regular City Council meeting.
COUNCIL ITEMS
None.
Mayor Uhring adj ourned the meeting at 10:59 p.m. in support of the victims in Israel an Palestine.
ADJOURNMENT
Malibu City Council
Minutes of October 9, 2023
Page ’16 of 16
Approved and adopted by the City Council of the
City of Malibu on March ll, 2024.
STEVEWWUHRING, Mayor
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KELSEY ‘ " TU‘éIHN, City Clerk—i)
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