MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
SEPTEMBER 9, 2024
COUNCIL CHAMBERS
6:30 RM.
MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 5:30 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.
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
w...
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 6:30 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.
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; Maureen Tamuri, Interim Flaming Director; Susan Malibu City Council
Minutes of September 9, 2024
Duefias, Public Safety Director; Parker Davis, Media Technician; Renee Neermann, Financial Controller; Christina Munoz, Deputy City Clerk; Kate Manisco, Recreation Manager; Solishia Andico, Environmental Health Administrator; Julie Bauer, Supervising Permit Services Technician; Tracey Rossine, Environmental Programs Manager; and Joseph Smith, Contract Planner
PLEDGE OF ALLEGIANCE
Dane Skophammer 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, 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 30, 2024, with the amended agenda posted on September 6, 2024.
APPROVAL OF AGENDA
MOTION Mayor Pro Tem Riggins moved, and Councilmember Uhring seconded a motion to approve the agenda. The motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of 2024 Jake Kurediian Citizenship Award Parks and Recreation Commission Chair Dane Skophammer and Commissioner Georgia Goldfarb presented the awards to Shari Latta and Kian and Joel Schulman.
Ms. Latta thanked the Council and discussed her history and service.
Ms. Schulman thanked the Council and discussed Poison Free Malibu’s work with the City.
B. Presentation of Commendation to William Bema for Assisting with a Rescue in Malibu Canyon Mayor Stewart announced the presentation would be rescheduled. L. ITEM 2.A. PUBLIC COMMENTS John Honigsfeld discussed increasing security at City Hall and suggested the male ITEM 2.B.
Malibu City Council
Minutes of September 9, 2024
employees wear security uniforms.
Scott Dittrich announced a candidate forum on Saturday, September 14, 2024 at Fire Camp 8 at 10:00 am. He announced the Public Safety Expo on September 15, 2024.
Norm Haynie discussed removal of the water tank in Lower Encinal Canyon during construction ofthe new water tank. He discussed the safety hazard and the approval process for water tanks.
Haylynn Conrad announced she was running for City Council and thanked the Councilmembers for their hard work.
Jeremy stated he was using an alias due to fear ofretribution. He discussed previous threats made to a City employee and information shared about that employee. He discussed Councilmember Uhring’s and Councilmember Silverstein’s actions on the Council. He discussed Councilmember Uhring’s mortgage and the open code enforcement case on his property.
Andy Lyon stated he attended the Malibu Surfing Classic at Surfrider Beach. He stated people were parking on the sidewalks and parking tickets were issued to the event attendees. He requested those tickets be voided.
Barry Haldeman stated he was on the Malibu Arts Commission and the Malibu Film Society. He discussed the Temporary Use Permit Ordinance.
Mayor Stewart requested the speaker hold their comments on the TUP item until Item No. 4.A.
Bob G. requested an update on Public Works Commissioner Jo Drummond’s residency. He requested she sign an affidavit that she had resided at her property in the City for her entire term on the Planning Commission.
Jo Drummond stated she was willing to sign an affidavit confirming that she lives in the City. She stated Malibu Township Council was being targeted during the election campaigns. She discussed the accusations and the mission of the Malibu Township Council.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Scott Dittrich, Public Works Commission, discussed Caltrans’ public outreach on PCH design proj ects. He discussed challenges implementing bike lanes in Eastem Malibu. He encouraged the public to participate in upcoming Caltrans workshops on September 12, 2024.
City Manager McClary discussed the legislature’s approval of SB 1297 authorizing speed cameras in Malibu and SB 1509 adding additional penalties for exceeding MOTION
ITEM 2.C.
Malibu City Council
Minutes of September 9, 2024 Page 4 of 10
the speed limit on PCH. He stated the next step was the Governor’s approval. He announced the California Coastal Commission (CCC) hearing for the appeal of the Lechuza Beach project on Friday. He stated staff would attend the meeting and speak at the hearing. He discussed a shopping cart retrieval operation in front of the Malibu Library. He stated the LAZ overnight parking team was fully in place and had issued 156 oversized vehicle citations in the last month. He discussed oversized vehicles in the City. He announced the Public Safety and Preparedness Fair on Sunday. He announced a Malibu Disaster Council meeting on Thursday to review the City’s updated Emergency Operation Plan. He discussed Phase 2 ofthe Community Land Outreach Project and announced a pop-up event on September 17, 2024. He discussed the new 5:30 p.m. start time beginning at the October 14, 2024 Regular meeting and the new agenda format for Regular meetings. He discussed an increase in citations issued for hazardous driving and speeding since contracting with California Highway Patrol. He announced the virtual workshop for the Caltrans PCH Master Plan on September 12, 2024. He announced the public hearing for the Housing Element on September 23, 2024. He stated he attended a PCH Master Plan workshop and a Business Roundtable meeting.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, presented the crime statistics for August 2024. He stated there were 307 Part One crimes for the year, which was a decrease from last year. He stated there was also a reduction in vehicle burglaries and theft from unlocked vehicles. He stated the Beach Team issued 396 citations for alcohol on the beach, made seven arrests, issued 402 traffic citations, issued 1,472 parking citations, and towed 287 vehicles. He discussed an incident on September 6, 2024 with a fight in progress at Malibu Colony Liquor.
He discussed incidents of reckless driving. He discussed the Special Assignment Deputies and stated they made 13 arrests and discussed their training.
In response to Councilmember Grisanti, Sergeant Soderlund stated he did not know if the reckless drivers were Malibu residents.
Councilmember Uhring discussed complaints he received from the public regarding issues related to homelessness.
In response to Councilmember Uhring, Sergeant Soderlund recommended Councilmember Uhring review the Board of Supervisor’s statements on the issue.
Councilmember Silverstein discussed ways to tow vehicles with proper notice.
Mayor Stewart indicated support for bringing back an item.
Councilmember Grisanti moved, and Councilmember Uhring seconded a motion to direct staff to bring back an item to discuss enforcement options for vehicles which have been issued multiple parking tickets. The motion carried unanimously.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
MOTION
Malibu City Council
Minutes 0f September 9, 2024
In response to Councilmember GTisanti, Mr. Haynie discussed the requirements for county water tanks. He discussed his proposal for 25,000-gallon private water tanks and how they could be approved. He stated he would look into using rain for rent trailers.
Mayor Pro Tern Riggins stated the County’s plans for the water tank replacement were still being developed. She recommended City staff stay in contact with the County regarding their plans.
Councilmember Grisanti stated he attended a meeting at Pepperdine University and discussed Pepperdine’s new nursing program. He stated he attended Smart Coast California’s Annual Symposium at his own expense. He stated he participated in the Blue Flag Beach panel and an insurance panel. He discussed sand replenishment projects. He stated he participated in the Wave of Flags set-up at Pepperdine University.
Councilmember Uhring discussed an anonymous letter he received from Concemed Citizens of Malibu regarding code enforcement complaints. He stated the letter was sent to property owners with open code enforcement cases. He suggested staff run a search for code enforcement complaints made by himself, John Mazza, or the Malibu Township Council. He discussed misleading anonymous letters sent to the residents in the past.
Councilmember Silverstein addressed Jeremy and discussed individuals’ right to say what they want at public meetings. He stated it was off—putting when individuals commented anonymously and he had not taken any retribution against public speakers. He invited Jeremy to call him anonymously and discuss his statements. He refuted the accusations against him. He discussed the letter from Concerned Citizens of Malibu and encouraged the City to disclose any code enforcement complaints from the individuals named in the letter.
Mayor Pro Tem Riggins stated she attended a PCH Master Plan workshop, and the Community Lands meeting at Trancas field. She proposed adopting a resolution supporting the school bond for Malibu schools.
Mayor Pro Tem Riggins moved and Councilmember Grisanti seconded a motion to direct staff to bring back an item to consider supporting Measure MM, the Malibu School Bond. The motion carried unanimously.
Mayor Stewart stated he attended an Administration and Finance Subcommittee meeting and a Business Roundtable meeting. He thanked Senator Allen, Assemblymember Irwin, Supervisor Horvath, Deputy City Manager Brown, Michele Shane, Bridgette Thompson, Barry Stewart, California Strategies Lobbyists, and Captain Seetoo for their work on the speed camera bill. He discussed fire danger and recommended everyone download the app Watch Duty to tack brush fires. He discussed the Line Fire in San Bernadino County and other fires in Orange County and Glendora.
("WWW
a
LL_.___.4;
Malibu City Council
Minutes of September 9, 2024
Item No. 3.A.1. was pulled by the public. Item Nos. 3.A.1. was pulled by the Council.
ITEM 3
Councilmember Silverstein moved, and Councilmember Uhring seconded a motion to approve the Consent Calendar, pulling Item No. 3.A.1. The motion carried unanimously.
MOTION
The Consent Calendar consisted of the following items:
B. New Items
1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.
Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 73380—73526 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. 753 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,667,927.00. City of Malibu payroll check number 5483 and ACH deposits were issued in the amount of $646,655.16. Approval of Minutes Recommended Action: Approve the minutes for the July 8, 2024 Regular Meeting and July 22, 2024 Regular Meeting.
Professional Services Agreement with Califomia Skateparks Recommended Action: Authorize the Mayor to execute a sole source Professional Services Agreement with Califomia Skateparks related to repairs of the Temporary Skate Park.
Approve Amendment to Contract for Special Legal Services with Leech.
Tishman. Fuscado & Lampl, Inc. to Provide for Representation of the City related to the Matter of City of Malibu v. Federal Aviation Administration related to Aviation Noise and Impacts Generated from Changes to Los Angeles International Airport Flight Paths
Recommended Action: Authorize the City Manager to execute a fourth amendment to the Agreement for Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. for representation of the City related to the matter of Malibu v. Federal Aviation Administration, No. 24-2503. ” The following items was pulled from the consent calendar for individual consideration:
L Previously Discussed Items
1. Malibu Inn Motel Proiect Denial
A.
CONSENT CALENDAR
i
MOTION
mm
Malibu City Council
Minutas of September 9, 2024
Page
7 of 10
Recommended Action: Pursuant to the City Council’s direction at the May 13, 2024 meeting, review and adopt draft Resolution No. 24—46 granting Appeal No. 23-004 to the Planning Commission’s approval of the Malibu Inn Motel Proj ect (Project); finding the proposed denial exempt under the California Environmental Quality Act (CEQA) and rescinding adoption of Mitigated Negative Declaration (MND) No. 20-003 and Initial Study (IS) No. 20-003; denying Coastal Development Permit No. 09-067 for the construction of
a new 7,693 square foot, 20-room motel above
a new
subterranean parking garage, surface parking lot, rooftop deck with swimming pool, spa and bar area, grading, retaining walls, landscaping, a
new onsite wastewater treatment system (OWTS), including Variance (VAR) No. 18-030 for construction on slopes steeper than 3 to l, VAR No.
18-031 for
a retaining wall that is an integral part of the building in excess of 12 feet in height, VAR No. 20-035 for surface parking within the required front yard setback, and Site Plan Review (SPR) No. 18-025 for a building
height in excess of 18 feet, not to exceed 24 feet for
a flat roof; denying
Conditional Use Permit (CUP) No. 18-002 for
a motel in the Commercial
Visitor Serving-1 (CV-1) zoning district and sale of alcohol; and disallowing authorization for the Planning Director to submit a Letter of
Public Convenience or Necessity for the Sale of Alcohol; for the Project located in the CV—l zoning district at 22959 Pacific Coast Highway (Surfrider Plaza, LLC).
Mayor Stewart opened the floor to public comment.
Speakers: Matthew D. Hinks, Steven Hakim, Jo Drummond, Doug Burdge, and Andy Lyon
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.
Mayor Pro Tem Riggins moved, and Councilmember Uhring seconded a
motion to adopt draft Resolution No. 24-46 granting Appeal No. 23-004 to the Planning Commission’s approval of the Malibu Inn Motel Proj ect (Project); finding the proposed denial exempt under the California Environmental Quality Act (CEQA) and rescinding adoption of Mitigated Negative Declaration (MND) No. 20-003 and Initial Study (IS) No. 20-003; denying Coastal Development Permit No. 09-067 for the construction of a
new 7,693 square foot, 20-room motel above
a new subterranean parking
garage, surface parking lot, rooftop deck with swimming pool, spa and bar area, grading, retaining walls, landscaping,
a new onsite wastewater
treatment system (OWTS), including Variance (VAR) No. 18-030 for construction on slopes steeper than
3 to 1, VAR No. 18-031 for
a retaining
wall that is an integral part of the building in excess of 12 feet in height, VAR No. 20-035 for surface parking within the required front yard setback, RECESS
ITEM 4
Malibu City Council
Minutes of September 9, 2024
and Site Plan Review (SPR) N0. 18-025 for a building height in excess of 18 feet, not to exceed 24 feet for a flat roof; denying Conditional Use Permit (CUP) No. 18-002 for a motel in the Commercial Visitor Serving-l (CV-1) zoning district and sale of alcohol; and disallowing authorization for the Planning Director to submit a Letter of Public Convenience or Necessity for the Sale of Alcohol; for the Project located in the CV—l zoning district at 22959 Pacific Coast Highway (Surfrider Plaza, LLC).
The Council discussed the item.
The question was called, and the motion carried unanimously.
The Council discussed the proj ect’s application number.
At 8:30 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 8:40 pm. with all Councilmembers present.
ORDINANCES AND PUBLIC HEARINGS
Amendment to Malibu Municipal Code Chapter 17.68 (Temporary Use Permits) Recommended Action: l) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 522, adopting Zoning Text Amendment No. 21-005 amending Malibu Municipal Code Chapter 17.68 to update regulations related to Temporary Use Permits and finding the action exempt from the California Environmental Quality Act; and 2) Direct staff to schedule the second reading and adoption of Ordinance No. 522 for the September 23, 2024 Regular City Council meeting.
Contract Planner Smith presented the staff report.
CM, CC, and CA discussed PSPS in the City.
Contract Planner Smith continued the staff report.
The Council directed questions to staff.
Mayor Stewart opened the floor to public comment.
Speakers: Norm Haynie, Mark Wetton, Kenneth Ehrlich, Jackson McNeill, Matt Boroyzuer, Jo Drummond, E Barry Haldeman, and Karin Al-Hardan 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.
Malibu City Council
Minutes of September 9, 2024
CONSENSUS
By consensus, the Council directed staff to bring back a revised Temporary Use Permit Ordinance with additional analysis based on the City Council’s feedback MOTION Councilmember Silverstein moved, and Mayor Pro Tem Riggins second a motion hear Item No. 4.B. after 10:30 p.rn. The motion carried unanimously.
B. Proposed Schedule of Fees Fiscal Year 2024-25
Recommended Action: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 24-25 establishing the Schedule of Fees for Fiscal Year 2024-25.
Assistant City Manager Toney and Kushboo Ingle, Matric Consulting, presented the staff report.
The Council directed questions to staff.
Mayor Stewart opened the floor to public comment.
Speakers: Jo Drummond (Kevin Keegan deferred time to Jo Drummond) " As there were n0 other speakers present, Mayor Stewart returned the matter to the 1t table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Grisanti moved to adopt Resolution No. 24—25 establishing the Schedule of Fees for Fiscal Year 2024-25.
The motion died on the floor due to lack of a second.
The Council discussed the item.
CONSENSUS
By consensus, the Council directed staff to schedule a Work Session for the Schedule of Fees for Fiscal Year 2024-25.
ITEM 5 OLD BUSINESS
None.
ITEM 6 NEW BUSINESS
None.
- ITEM 7 COUNCIL ITEMS
None.
Malibu City Council
Minutes of September 9, 2024 Page 10 of 10
, ADJOURNMENT
At 11:47 p.m., Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to adj ourn the meeting. The motion carried unanimously.
Approved and adopted by the City Counc1l of the
KE’LSEY pigtJUElmty ‘(o er
(sea /
k