MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
AUGUST 26, 2024
COUNCIL CHAMBERS
6:30 P.M.
MEETING CALL TO ORDER
Mayor Stewart 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 Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Paul Grisanti, Bruce Silverstein and Steve Uhring.
PUBLIC COMMENT ON CLOSED SESSION
Mayor Stewart opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 5:31 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with Legal Counsel — Anticipated Litigation
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9 Number of potential cases: (l)
REGULAR SESSION CALL TO ORDER
Mayor Stewart called the meeting to order at 6:34 pm.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Doug Stewart; Mayor Pro Tem Marianne Riggins; and Councilmembers Paul Grisanti, Bruce Silverstein and Steve Uhring.
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Maureen'Tamuri, Interim Planning Director; Susan Duenas, Public Safety Director; Rob DuBoux, Public Works Diractor; Parker Davis, Media Technician; Mahan Amirkian, Information Systems Analyst; Jason Lawrence, Deputy City Clerk; Tyler Eaton, Senior Planning; and Joseph Smith, Contract Planner
PLEDGE OF ALLEGIANCE
Don Schmitz led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attomey 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 54957, with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on August l6, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda, hearing Item Nos. 6.A. and 7.A. before Item No. 4.A. The motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of City Tile to Mahan Amirkian for Seven Years of Service to the City of Malibu
Mayor Stewart presented the City Tile to Mahan Amirkian.
ITEM 2.A. PUBLIC COMMENTS
Andrew Weyman deferred time to Terry Davis.
Terry Davis, Big Rock Mesa Property Owner’s Association, read a letter regarding code enforcement and large unpermitted parties. She discussed a recent party in Big Rock and her report to Code Enforcement. She discussed the Council’s direction for ZORACES to review the City’s code enforcement fines and penalties.
Patrick Murphree deferred time to Joe Sichta.
Joe Sichta, Malibu Aquatics Foundation (MAF), stated MAF members addressed the Parks and Recreation Commission at its last meeting and discussed flaws in the selection process of the swim program Request for Qualifications (RFQ). He requested a review of the process. He discussed the minutes of the June 24, 2024 Regular meeting and stated Councilmember Silverstein and Mayor Stewart had both requested the City Council vote on the swim contract. He discussed the limited p001 hours for athletic programs and the number of individuals signed up for water polo. He discussed potential opportunities to allocate pool hours for MAF.
Ludwig Brinkman deferred time to Robert Brinkman.
Olea Brinkman deferred time to Robert Brinkman.
Robert Brinkman stated the Malibu Marlins had been awarded the swim contract and he did not see a need to revisit the award. He read a letter regarding the formation of the Malibu Marlins and conflict with MAF. He discussed USA Swimming and its guidelines for swim programs.
Marissa Coughlan recommended the Council adopt a Code of Conduct and amend the Malibu Municipal Code to allow the Council to remove a Commissioner from their position.
Hashi Clark deferred time to Kraig Hill.
Kraig Hill apologized for his behavior at the last Planning Commission meeting. He discussed issues with the Housing Element and the public hearing for the Housing Element. He discussed the unique aspects and challenges of Malibu and stated the City needed to educate other agencies on those challenges.
Lawrence Myers deferred time to Erik Ran.
Erik Ran discussed his work with MAF. He thanked the Council and the Parks and Recreation Ad Hoc Committee for their work on the swim programs issue and the RFQ. He announced that Malibu Marlin swim sign-ups were open.
Robert Shore declined the opportunity to speak.
Patty Mehring discussed her participation in the Masters Swim program. She indicated support for the selection of the Malibu Marlin swim program.
Walter Mehring indicated support for Ms. Mehring’s comments and discussed his family’s participation in local sports programs. He indicated support for Erik Ran’s coaching.
Benjamin stated Jo Drummond did not live on the City and could not serve as a Public Works Commissioner. He discussed his research into Ms. Drummond’s residency.
Bill Sampson expressed opposition to permitting businesses that sold alcohol. He stated information about Sam Kaplan’s mortgage had been shared by Mayor ITEM 2.B.
Stewart in his emails.
Billings Goodenow discussed John Mazza’s behavior as the Planning Commission Chair. He discussed Mr. Mazza’s comments during a Planning Commission recess in February.
Mitch Gold discussed his work as the Senior Advisor ofthe Western Zone for USA Swimming. He discussed the training philosophies of USA Swimming and the focus on long-term development of athletes.
Jo Drummond stated she did live in the City and was registered to vote in the City.
She stated she would provide additional documentation to staff.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Lloyd Ahern, Santa Monica Mountains Conservancy Advisory Committee Malibu Representative, played a clip reporting on the turnstile at Via Escondido and Mr.
Ahern’s letter and comments to the Mountains Recreation and Conservation Authority (MRCA).
City Manager McClary discussed SB 1297 and SB 1509 and stated both bills would go to the floor of the Assembly this week. He announced Community Lands Outreach Phase 2 had launched with in-person events. He stated the land use categories in the Community Lands survey were in alphabetical order. He stated the outreach included all stakeholders, but 94% of participants in Phase 1 were Malibu residents. He stated Environmental Sustainability Department staff was creating list of cOmpanies interested in providing Exterior Elevated Element inspections to the public. He stated the Temporary Use Pennit Ordinance was scheduled for the September 9, 2024 Council meeting. He stated the Housing Element had been approved by the Planning Commission and was scheduled for the September 23, 2024 Council meeting. He stated the Code of Conduct item was scheduled for the October l4, 2024 Council meeting. He announced that City Hall would be closed for Labor Day. He announced the City had received an additional $1.5 million in Measure M funds for Pacific Coast Highway (PCH) projects. He stated he attended a meeting with Captain Seetoo, Mayor Stewart, and Councilmember Silverstein to discuss Supreme Court’s decision on Grants Pass v.
Johnson. He reported on an encampment cleanup on Civic Center this week. He stated City staff met with Supervisor Horvath’s staff to discuss the City’s environmental programs and the County’s environmental program plans. He apologized for delays to ZORACES item regarding code enforcement fines and stated it would be scheduled soon. He stated he attended a Malibu Public Facilities Authority meeting and the next annual meeting would be in September 2025.
Sergeant Chris Soderlund, Los Angeles County Sheriff’s Department, discussed an incident where an individual resisted arrest and barricaded themselves in a vehicle on PCH on August 21, 2024. He discussed an incident with a driver with what appeared to be a rifle on the Pepperdine University campus. He discussed the ITEM 2.C.
Stoker family hosting a barbeque for the Beach Team members. He stated Beach Team would be operating over Labor Day weekend and extra Deputies would be at the Chili Cook—Off.
The Council thanked Sergeant Soderlund.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Silverstein addressed Ms. Davis and stated he and Councilmember Uhring had proposed an Ad Hoc Committee to review the code enforcement fines, but it was voted down. He stated Ad Hoc Committees did not require public meetings, but members ofthe public could talk to the members. He stated the Code of Conduct had been finalized with the City Council Policy Review Ad Hoc Committee. He discussed last Planning Commission meeting and thanked Commissioner Hill for his service. He requested Interim City Attorney Rusin have a conversation with Jo Drummond to confirm her residency. He discussed false accusations made during public comment at meetings and the anonymous speakers on Zoom.
Councilmember Grisanti discussed the last Planning Commission meeting.
Councilmember Uhring discussed speakers on Zoom who may not be residents. He stated he did not serve on the Malibu Township Council with Jo Drummond. He requested a summary explaining how Planning staff report recommendations were being written. He requested staff bring back an item on recommendations for the fund balance reserve. He discussed the Community Lands Outreach survey and requested clarification on how the survey identified residents.
In response to Councilmember Uhring, Deputy City Manager Brown stated the Phase One survey results had a filter to break down results by stakeholder groups.
Councilmember Uhring discussed the Administrative Citation issued to Nobu. He stated he leamed about the citation from a reporter and requested the Councilmembers be updated before news is shared with the press.
Mayor Pro Tem Riggins discussed the last Planning Commission meeting. She stated she attended the Parks and Recreation Commission meeting and commended the Commissioners for their work on issues related to the swim program. She encouraged the public to participate in the Community Lands Outreach Phase 2 events. She stated she attended a demonstration for fire prevention using goats at the Bravo 69 heliport. She indicated support for using goats for brush clearance in the City. She stated the ZORACES code enforcement item should be scheduled as soon as possible.
In response to Councilmember Grisanti, Mr. Ahern discussed MRCA’s extensive Public Works program and expressed concern regarding the scope of the project.
Mayor Stewart stated he attended a Malibu Public Facilities Authority meeting and an Administrative and Finance Subcommittee meeting on the fee study. He stated he attended the Special City Council meeting on good governance and operations. He stated he attended a meeting with Councilmember Silverstein to discuss overnight camping and enforcement options. He stated the Code of Conduct would be brought back soon. He commended the Stoker family for hosting the barbeque.
He stated ZORACES was the correct body to consider the code enforcement fines. He stated staff was working on a fund reserve item and discussed the challenges of determining the best reserve minimum. He encouraged the public to participate in the Community Lands outreach. He discussed the email chain referenced by Mr.
Sampson.
ITEM 3 CONSENT CALENDAR
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Riggins seconded a motion to approve the Consent Calendar. The motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
1. Second Reading - Ordinance No. 521
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 521 521 amending Malibu Municipal Code Section 2.08.01 0 and determining the start time of regular City Council meetings shall be set by resolution
B. New Items
l. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 73200-73379 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. 752 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $4,614,568.25. City of Malibu payroll check number 5481-5482 and ACH deposits were issued in the amount of $856,799.78. 3. Approval of Minutes Recommended Action: Approve the minutes for the June 24, 2024 Regular Meeting.
4. 2023 Multi-Jurisdictional Hazard Mitigation Plan
Recommended Action: Adopt Resolution No. 24-42 adopting the Las Virgenes—Malibu Council of Governments 2023 Multi-Jurisdictional Hazard Mitigation Plan
5. Amendment to Professional Services Agreement for the Pacific Coast Highway Right Tum Lane at Trancas Canyon Road
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Racommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Chen Ryan Associates, Inc. dba CR Associates for the engineering design services for the Pacific Coast Highway Right Tum Lane at Trancas Canyon Road in the amount of $34,500, for a total not to exceed $190,440.62. 6. Acceptance of Pacific Coast Highway Median Improvements Project Recommended Action: 1) Accept the work performed by Stacy and Witbeck, Inc. for the Pacific Coast Highway Median Improvements Project, Specification No. 2049 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
7. Acceptance of Malibu Park Resurfacing Proj ect
Recommended Action: 1) Accept the work performed by J & H Engineering General Contractors, Inc. for the Malibu Park Resurfacing Project, Specification No. 2107 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion. 8. Disposal of Surplus Equipment — Fleet Vehicles Recommended Action: Approve the disposal of surplus City equipment. 9. Small Enterprises Agreement with Environmental Systems Research Institute, Inc.
Recommended Action: Authorize the Mayor to execute a Small Enterprise Agreement with Environmental Systems Research Institute, Inc. (ESRI) for geographic Information system (GIS) mapping services.
10. Investment Report for the Month Ending July 3 1 , 2024 Recommended Action: Receive the Investment Report for the month ending July 3 l, 2024.
11. Dis osal of Su lus Pro e — Wide Format Printer
Recommended Action: Approve the disposal of surplus City equipment.
ITEM 6 NEW BUSINESS
MOTION
White Heart Foundation Fee Waiver
Recommended Action: Consider whether to approve the request from the White Heart Foundation to waive the facility rental fees for the 2024 Ride to the Flags event.
Community Services Director Riesgo presented the staff report.
Mayor Stewart opened the floor to public comment. As there were no speakers present, Mayor Stewart returned the matter to the table for discussion.
Mayor Pro Tem Riggins moved, and Councilmember Silverstein seconded a motion to approve the request from the White Heart Foundation to waive the facility rental fees for the 2024 Ride to the Flags event.
The Council discussed the item and directed questions to Ryan Sawtelle.
The motion carried unanimously.
ITEM 7
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MOTION
RECESS
ITEM 4
COUNCIL ITEMS
Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2024 League of California Cities Annual Conference
Recommended Action: Designate the City’s voting delegate and alternate voting delegate(s) for the League of California Cities 2024 Annual Conference scheduled for October 16-1 8 in Long Beach.
City Manager McClary presented the staff report.
Mayor Stewart opened the floor to public comment. As there were no speakers present, Mayor Stewart returned the matter to the table for discussion.
The Council discussed the item.
Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to designate Mayor Pro Tem Riggins as the voting delegate and Mayor Stewart as the alternate voting delegate for the League of California Cities 2024 Annual Conference. The motion carried unanimously.
At 8:12 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 8:20 p.m. with all Councilmembers present.
ORDINANCES AND PUBLIC HEARINGS
A. Appeal of Planning Commission Resolution No. 24—009 regarding Coastal Development Permit No. 20—0681 Site Plan Review No. 21-009, and Demolition Permit No. 20-028 — An application to demolish an existing single-family residence and construct a new single-family residence: second unit and associated development (6734 Zumirez Drive; Owner/Appellant: IBN Properties, LLC) Recommended Action: Adopt Resolution No. 24—44 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Appeal No. 24-001 , 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 5,860 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) N0. 21-009 for construction up to 24 feet in height for a flat roof, located in the Rural Residential, One-Acre (RR-1) zoning district at 6734 Zumirez Drive (IBN Properties, LLC).
Senior Planner Eaton presented the staff report.
Disclosures: Councilmember Silverstein, Councilmember Grisanti, Councilmember Uhring, Mayor Pro Tem Riggins, and Mayor Stewart MOTION
The Council directed questions to staff.
Mayor Stewart opened the fioor to public comment.
Speakers: Don Schmitz, Mark Johnsson (Casandra Ross, Janet Friesen, and Pat Healy deferred time to Mark Johnsson), Ginctta Giovinco, Sose Tezyan, Charlotte Jones, Jo Drummond, and Tony Bomkamp Don Schmitz provided rebuttal.
As there were no other speakers present, Mayor Stewart closed the public hearing and returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff and Mr. Schmitz.
Councilmember Grisanti moved to adopt Resolution No. 24-44 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Appeal N0. 24-001, approving Coastal Development Permit (CDP) No. 20-068 and Demolition Permit (DP) N0. 20-028 for the demolition of an existing single-family residence and construction of a new 5,860 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).
The Council directed questions to staff.
Mayor Stewart seconded the motion.
ITEM 5
ITEM 6
The Council discussed the item and directed questions to staff.
The question was called, and the motion carried 3—2, Councilmember Silverstein and Councilmember Uhring opposed.
OLD BUSINESS
None.
NEW BUSINESS (Continued)
Consideration ofNobu Restaurant Conditional Use Permit Recommended Action: Receive a preliminary report on Conditional Use Permit (CUP) N0. 06—009 and Joint Use Parking Agreement (JUPA) No. 06-001 for restaurant and parking operations associated with the Nobu restaurant located at \JLL~.._~.-__.
22706 Paciflc Coast Highway (PCH) and provide direction as follows: 1) Direct Staffto bring forward an item for the Planning Commission to consider whether to set a hearing to consider the question ofmodiflcation ofthe CUP to address alleged nuisance concerns; 2) Direct Staff to bring forward an item for the Planning Commission to consider whether to set a hearing to consider the question of revocation of the CUP due to alleged violations of CUP conditions; or 3) Receive and flle the report and request Nobu finalize an application for a CUP amendment and staff to process the amendment in a timely manner.
MOTION
Contract Planner Smith presented the staff report.
The Council directed questions to staff.
Mayor Stewart opened the floor to public comment.
Speaker: John Jerabek, Jo Drummond, Benjamin Reznik (Gregorio Stephenson deferred time to Benjamin Reznik), and Ryan Embree
As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff and Mr. Reznik.
Councilmember Silverstein moved to direct staff to bring forward an item for the Planning Commission to consider whether to set a hearing to: 1) consider the question of modification of the CUP to address alleged nuisance concerns; and 2) consider the question of revocation of the CUP due to alleged violations of CUP conditions.
SUBSITUTE MOTION
MOTION
Mayor Pro Tem Riggins moved to receive and file the report and request Nobu finalize an application for a CUP amendment direct staffto process the amendment within 60 days.
Councilmember Silverstein’s motion died on the floor due to lack of a second.
Mayor Pro Tem Riggins’ motion dies on the floor due to lack of a second.
The Council discussed the item and directed questions to staff.
Councilmember Silverstein moved, and Councilmember Uhring seconded a motion to direct staff to bring forward an item for the Planning Commission to consider whether to set a hearing to consider modifying the Nobu Restaurant CUP, revoking the CUP, or amending the CUP, if an application has been finalized by the time of the hearing.
The Council discussed the item and directed questions to staff and Mr. Reznik.
The question was called, and the motion carried unanimously.
ADJOURNMENT
Mayor Stewart adjourned the meeting at 11:36 p.m.
Approved adopted by the City Council of the
l4, 2024.
DOUG SRT, Mayor ATT ST
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KELSLY P THOI i , Clay Clerk
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