MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
J SPETEMBER 23, 2024
COUNCIL CHAMBERS
6:30 PM.
MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 6:33pm.
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; 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 Director; Parker Davis, Media Technician; and Jason Lawrence, Deputy City Clerk
PLEDGE OF ALLEGIANCE
Channing Frykman 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 13, 2024, with the amended agenda posted on September 20, 2024.
APPROVAL OF AGENDA
MOTION Mayor Pro Tem Riggins moved, and Councilmember Silverstein seconded a motion to approve the agenda, hearing Item No. 6.A. before Item No. 4.A. The motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
None.
ITEM 2.A. PUBLIC COMMENTS
Mayor Stewart discussed the purpose of public comment and reminded the public L to limit their comments to items on the agenda or issues within the City Council’s subject matter jurisdiction.
Anne Payne stated she lived in Serra Canyon along Malibu Creek. She discussed ITEM 2.B.
Malibu City Council
Minutes of September 23, 2024
how the creek had changed since the 19803. She discussed a State Parks grant to remove invasive plants. She discussed a letter from an expert on Malibu Creek to State Parks explaining damage to the creek.
Shelly Crema discussed how Malibu Creek needed maintenance. She discussed flooding and erosion on her property.
Norm Haynie discussed a candidate forum he attended. He discussed the communications tower at Santa Monica College Malibu Campus and stated the tower could be moved behind the school building.
Ron discussed code enforcement. He stated Malibu Township Council members reported code enforcement violations on behalf of John Mazza and discussed Mr. Mazza’s access to information at the City as a Planning Commissioner. He discussed how Code Enforcement staff handled complaints and entered private properties. He stated Code Enforcement staff did not have the right to enter private property without a court order.
Ari discussed Facebook posts made by Councilmember Silverstein in 2020.
Ann Doneen discussed Malibu Township Council (MTC) and its history before the City was incorporated.
Jo Drummond stated she had verified her residency with City staff. She discussed accusations against her, MTC, Councilmember Silverstein, Councilmember Uhring, and John Mazza. She stated she had reported Councilmember Grisanti to the FPPC for organizing these attacks.
Rosemarie Ihde was unavailable at the time of the hearing.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
City Manager McClary announced that the City’s Human Resources team would attend the Los Angeles career fair. He announced that the school district separation subcommittees had come to an agreement on a school district separation package and the draft agreements were now available for public review. He stated once the agreements were approved by both entities in October, the Los Angeles County Office of Education (LACOE) Board would hold public hearings in Malibu and Santa Monica on the separation petition. He stated the City was waiting on an update from the Governor’s Office on the speed camera bill (SB 1297). He stated staff had submitted comments to the California Coastal Commission (CCC) regarding the public access project at Lechuza Beach. He stated CCC took jurisdiction over the matter and approved the restroom. He stated the City held the fifth annual Safety and Preparedness Fair and it was well attended. He discussed the earthquake on September 12, 2024. He stated the Disaster Council met on September l2, 2024 to review the City’s disaster plan, which would be brought to Council for final approval. He discussed the coastal cleanup event last weekend Malibu City Council
Minutes of September 23, 2024
with California Wildlife Center and Heal the Bay at Nicholas Canyon. He announced the Topanga Lagoon Restoration Project restoration plan had been approved by State Parks. He stated he attended the quarterly PCH Task Force meeting and a Las Virgenes-Malibu Council of Governments meeting. He stated the City held a City COuncil Candidates information meeting on September 12, 2024. He discussed the September 18, 2024 Special meeting and stated the updated workplan would be coming back for adoption. He stated the City held two leadership and good govemance workshop for Councilmembers and Commissioners. He announced that the next City Council meeting would be on October 14, 2024 and would begin at 5:30 p.m. with the new format.
In response to Councilmember Grisanti, City Manager McClary stated staff could initiate a recruitment process for the Mobilehome Park Rent Stabilization Commission and bring an item back to Council to fill the vacancies.
In response to Councilmember Grisanti, City Clerk Pettijohn stated that each Councilmember would appoint one commissioner to Mobilehome Park Rent Stabilization Commission.
Councilmember Grisanti discussed the recent sale of the Point Dume Club Mobilehome Park.
Mayor Pro Tem Riggins indicated support for filling the vacancies on the Mobilehome Park Rent Stabilization Commission.
Councilmember Silverstein requested consensus to bring back an item to fill the vacancies on the Mobilehome Park Rent Stabilization Commission and suggested forming an Ad Hoc Committee to review the rent control ordinance.
CONSENSUS
By consensus, the Council directed staff to bring back an item on the Mobilehome Park Rent Stabilization Commission and the Mobilehome Park Rent Control Regulations.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, discussed an arson incident on September 18, 2024 at Nicholas Canyon Beach. He discussed a burglary at Aviator Nation on September 19, r2024. He discussed a DUI arrest on September 19, 2024. He discussed an arrest he made on September 17, 2024. He stated staff had removed the unattached trailer near Corral Canyon. He discussed plans for a drone program. He stated Sheriff s Department staff attended the Safety and Preparedness Fair.
In response to Councilmember Uhring, Sergeant Soderlund discussed plans for the new drone.
ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Malibu City Council
Minutes of September 23, 2024
2 Councilmember Silverstein asked Ms. Payne and Ms. Crema to clarify how the City can help them. He addressed Ron, and stated Councilmembers and Planning Commissioners did not have access to the City’s servers and had to request information from staff. He requested consensus to bring back an item on another Malibu Film Society series at City Hall.
CONSENSUS
By consensus, the Council directed staffto bring back an item on a fllm series with the Malibu Film Society.
' City Manager McClary stated staff would look into the proposal and see how it can be worked into the staff schedule.
Councilmember Silverstein addressed Ms. Drummond and stated he had not seen any evidence that Councilmember Grisanti was involved in the political attacks.
He discussed the Facebook meme page he created during the COVID-19 pandemic.
Councilmember Grisanti discussed the dam removal and Malibu Creek. He stated he volunteered at the Safety and Preparedness Fair. He stated he attended an interfaith breakfast at the Lost Hills Sheriff” s Station and had a tour of the real time crime center. He encouraged business owners and residents to register their cameras with the real time crime center. He stated he attended a Beaches and Harbors meeting regarding the beach nourishment project.
City Manager McClary stated he would reach out to the State Parks Superintendent regarding Malibu Creek and an item could be scheduled for the City Council, if needed.
In response to Mayor Pro Tem Riggins, Ms. Payne stated the issues with Malibu Creek were within and outside City limits.
Councilmember Uhring discussed plans for the dam removal and stated State Parks would need to take action. Councilmember Uhring requested a commendation be scheduled to recognize the 25th anniversary of the Malibu Farmers Market. He encouraged the public to complete the community lands survey before it closes.
Mayor Pro Tem Riggins stated she attended the Safety and Preparedness Fair, the coastal cleanup event at Nicholas Canyon Beach, and a library speaker series event.
She stated she had been contacted by parents interested in a pilot program for school security. She requested consensus to bring back an item.
CONSENSUS
By consensus, the Council directed staff to bring back a school safety item to discuss school resource officers
Mayor Pro Tem Riggins announced the next library speaker series event on September 30, 2024.
Malibu City Council
Minutes of September 23, 2024
Mayor Stewart discussed the Malibu Creek issue. He discussed the Governor’s veto of Senator Stern’s SB 1509 and stated the City hoped the Govemor would approve SB 1297. He stated he attended the PCH Taskforce meeting with Mayor Pro Tem Riggins and stated he learned that encroachment permits were not required for law enforcement devices. He discussed the Lost Hills Sheriff‘s Station’s new real time crime system. He discussed Supervisor Horvath’s proposal to add towaway parking signs on PCH near Sunset Mesa to address oversized vehicles longterm parking.
By consensus, the Council directed staff to bring back an item to discuss adding tow-away zones along Pacific Coast Highway.
CONSENSUS
In response to Councilmember Silverstein, Interim City Attomey Rusin stated parking signs can affect the intensity land use and the CCC’s interpretation was that signs require a coastal development permit.
Sergeant Soderlund stated CCC wanted to be involved in any changes to coastal - s1gnage.
ITEM 3
MOTION
Councilmember Grisanti discussed how long-term parked cars impacted access to the beach.
Interim City Attomey Rusin confirmed that argument had been used in the City’s previous parking restriction applications.
CONSENT CALENDAR
Item Nos. 3.B.l 1., 3.B.13., and 3.B.14. were pulled by the Council.
Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.1 1., 3.B.13., and 3.B.14.
The motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
None.
B. New Items
, 1 . Waive Further Reading
Recommended Action: After the City Attomey 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 73527-73657 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 Malibu City Council
Minutes of September 23, 2024
Register No. 754 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $3,687,136.00. City of Malibu payroll check number 5484 and ACH deposits were issued in the amount of $444,039.61. Approval of Minutes Recommended Action: Approve the minutes for the August 12, 2024 Regular Meeting.
Receive and File Notice of Intention to Amend the Conflict of Interest Code Recommended Action: Receive and file the Notice of Intention to Amend the Conflict of Interest Code.
Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) Recommended Action: Adopt Resolution No. 24-47 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with pacific coast highway in the City.
Malibu Arts Association Art Show Fee Waiver
Recommended Action: Approve the request from the Malibu Arts Association to waive facility use fees, staffing costs, and permit fees for an Art Show event at Legacy Park.
Award Bluffs Park Roof Replacement Project
Recommended Action: 1) Approve the award of bid and authorize the Mayor to execute an agreement with AC Pros, Inc. in the amount of $136, 1 80 for the construction ofthe Bluffs Park Roof Replacement Project, Specification No. 2110; and 2) Authorize the Public Works Director to approve any potential change orders up to 20%.
Agreement for Annual Routine Street Maintenance Services Recommended Action: Authorize the Mayor to execute an agreement with Burns Pacific Construction, Inc. (Bums) for annual routine street maintenance services.
Agreement for Citywide Tree Maintenance Services
Recommended Action: Authorize the Mayor to execute an agreement with Newbury Park Tree Services, Inc. for Citywide Tree Maintenance Services in the amount not to exceed $75,000 annually.
10. Agreement for Annual Street Sweeping Services
Recommended Action: 1) Authorize the Mayor to execute an agreement with Sweeping Corporation of America of CA, LLC for Street Sweeping Services under the City’s Annual Street Sweeping Services; and 2) Appropriate $44,160 in Account No. 100-3001-5 121 .01 (Street Sweeping).
12. Los Angeles County Measure R Transportation Funding Agreement Amendment
Recommended Action: 1) Authorize the Mayor to execute the Los Angeles County Measure R Funding Agreement Amendment No. 4 for the Pacific Coast Highway Signal Synchronization Proj ect; and 2) Authorize the Public Malibu City Council
Minutes of September 23, 2024
Works Director to approve change orders of an additional $1,330,000 for a total amount of $3,230,000. 15. Professional Services Agreements for Contract Planning Services Recommended Action: 1) Authorize the Mayor to execute a professional services agreement with California Coastal Works LLC for contract planning services; 2) Authorize the Mayor to execute a professional services agreement with Casswell Consulting, Inc. for contract planning services; 3) Authorize the Mayor to execute a professional services agreement with Joyce Parker-Bozylinski for contract planning services; and 4) Authorize the Mayor to execute a professional services agreement with Premium Flaming Solutions, Inc. for planning contract services. 16. Amendment to Agreement with Santa Monica-Malibu Unified School District Recommended Action: Authorize the Mayor to execute Amendment No. 1 with Santa Monica-Malibu Unified School District (District) to extend the 2022-2024 Master Facility Use Agreement through January 3 1, 2025.
The following items were pulled from the consent calendar for individual consideration:
11. Professional Services Agreement for PCH Median Improvements — Paradise Cove and Zuma Beach
Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Kimley Horn and Associates, Inc. for engineering design services for the PCH Median Improvements — Paradise Cove and Zuma Beach in the amount not to exceed $296,670.
MOTION
The Council discussed the item and directed questions to staff.
Mayor Stewart moved, and Mayor Pro Tem Riggins seconded a motion to authorize the Mayor to execute a Professional Services Agreement with Kimley Hom and Associates, Inc. for engineering design services for the PCH Median Improvements — Paradise Cove and Zuma Beach in the amount not to exceed $296,670. The motion carried unanimously.
13. Amendment to Professional Services Agreement with Kimley Horn and Associates, Inc Recommended Action: Authorize the Mayor to execute Amendment No. 5 to the Professional Services Agreement with Kimley Hom and Associates, Inc. in the amount of $835,742.47 for a total not to exceed $4,076,642.47. This proposed amendment includes additional engineering design service to add a Safety Adaption system, additional speed feedback signs, and poles for speed enforcement cameras for the Pacific Coast Highway (PCH) Signal Synchronization Project.
The Council discussed the item and directed questions to staff.
Malibu City Council
Minutes of September 23, 2024
J MOTION Mayor Stewart moved, and Councilmember Grisanti seconded a motion to authorize the Mayor to execute Amendment No. 5 to the Professional Services Agreement with Kimley Horn and Associates, Inc. in the amount of $835,742.47 for a total not to exceed $4,076,642.47. This proposed amendment includes additional engineering design service to add a Safety Adaption system, additional speed feedback signs, and poles for speed enforcement cameras for the Pacific Coast Highway (PCH) Signal Synchronization Project. The motion carried unanimously.
14. Planning Clearances Issued for Formula Retail Businesses within CrOss Creek Ranch Shopping Center (Location: 23465 Civic Center Way) pursuant to Settlement Agreement between Citv of Malibu and Cross Creek Ranch Malibu, LLC
Recommended Action: Receive and file the Flaming Director’s report on planning clearances issued for formula retail businesses Bluemercury, Zadig & Voltaire, Frame, Loewe, and Jenni Kayne to the City Council, pursuant to the Settlement Agreement between the City ofMalibu and Cross Creek Ranch Malibu, LLC.
The Council discussed the item and directed questions to staff and Beth Gordie.
MOTION Councilmember Uhring moved, and Mayor Pro Tem Riggins seconded a motion to receive and flle the Planning Director’s report on planning clearances issued for formula retail businesses Bluemercury, Zadig & Voltaire, Frame, Loewe, and Jenni Kayne to the City Council, pursuant to the Settlement Agreement between the City of Malibu and Cross Creek Ranch Malibu, LLC. The motion carried unanimously.
ITEM 6 NEW BUSINESS
A. Support for Santa Monica-Malibu Unified School District (SMMUSD) General Obligation Bond Measure MM on the November 5. 2024 Ballot Recommended Action: Approve Resolution 24-50 in Support of Santa MonicaMalibu Unified School District (SMMUSD) General Obligation Bond Measure MM.
City Manager McClary presented the staff report.
Mayor Stewart opened the floor to public comment.
Speakers: Kevin Keegan, Stacy Rouse, Seth Jacobson, Carl Randall, Alicia Peak, and Jo Drummond
l
I As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.
Malibu City Council
Minutes of September 23, 2024
MOTION
RECESS
The Council discussed the item.
Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to approve Resolution No. 24-50 in Support of Santa Monica-Malibu Unified School District (SM-MUSD) General Obligation Bond Measure MM.
The Council discussed the item and directed questions to Mr. Keegan.
The motion carried unanimously.
At 8:25 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 8:35 p.m. with all Councilmembers present.
ITEM 4
MOTION
ORDINANCES AND PUBLIC HEARINGS
Adoption of Housing Element and Code Amendments a Recommended Action: 1) Adopt Resolution No. 24-48 approving the Revised Draft 202 1 -2029 Housing Element Update; 2) Adopt Resolution No. 24-49 amending the Land Use Plan (LUP) of the Local Coastal Plan (LCP); 3) After the City Attorney reads the title of the Ordinance, introduce on first reading Ordinance No. 523 approving Local Coastal Program Amendment (LCPA) No. 20-001 and Zone Text Amendment (ZTA) No. 20-002 to update regulations and determining the amendments are exempt Rom the Califomia Environmental Quality Act (CEQA); and 4) Direct staff to schedule second reading and adoption of Ordinance No. 523 for the October l4, 2024 City Council Regular meeting.
Contract Planner Joyce Parker—Bozylinski, Contract Planner Allison Cook, Veronica Tan, Lilly Rudloph, and Emily Green presented the staff report.
Mayor Stewart opened the floor to public comment.
Speaker: Cindy Martin
As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.
Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to: l) adopt Resolution No. 24-48 approving the Revised Draft 2021-2029 Housing Element Update; 2) adopt Resolution No. 24-49 amending the Land Use Plan (LUP) ofthe Local Coastal Plan (LCP); 3) introduce on first reading Ordinance No. 523 approving Local Coastal Program Amendment (LCPA) No. 20-001 and Zone Text Amendment (ZTA) No. 20-002 to update regulations and determining the amendments are exempt from the Califomia Environmental Quality Act (CEQA); and 4) direct staff to schedule second reading and adoption of Ordinance No. 523 for the October l4, 2024 City Council Regular meeting
. The Council discussed the item and directed questions to staff.
Malibu City Council
Minutes of September 23, 2024
Interim City Attorney Rusin read the title of the ordinance.
The question was called, and the motion carried 4-1, Councilmember Silverstein abstained.
ITEM 5 OLD BUSINESS
None.
ITEM 7 COUNCIL ITEMS
None.
ADJOURNMENT
Mayor Stewart adjourned the meeting at 9:38 pm.
nd adopted by the City Council of the
ibu on No er 12, 2024.
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