MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
OCTOBER 14, 2024
COUNCIL CHAMBERS
5:30 P.M.
MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 4: 1 5 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 4:16 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property Known as Malibu Coast Animal Hospital: 23431 Pacific Coast Hwy, APN 4458-020-903 City Negotiator: Assistant City Manager Joe Toney or his Designee. Negotiating Parties: David Marler Under Negotiation: Price and Terms of Payment
2. Property Known as Super Care: Drugs Pharmacy: 23661 Pacific Coast Hwy, APN 4458-020-903 City Negotiator: Assistant City Manager Joe Toney or his Designee. Negotiating Patties: Tomas Park Under Negotiation: Price and Terms of Payment
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: (2)
Malibu City Council
Minutes of October 14, 2024
REGULAR SESSION CALL TO ORDER
Mayor Stewart called the meeting to order at 5:43 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 Planning Director; Susan Duenas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Jason Lawrence, Deputy City Clerk; Sarah Flores, Emergency Services Coordinator; Jerry Vandermuelen, Fire Safety Liaison; and Bradley Yocum, Fire Safety Liaison
PLEDGE OF ALLEGIANCE
Time Pera led the Pledge ofAllegiance.
CLOSED SESSION REPORT
Interim City Attomey Rusin reported that the meeting convened at 4:15 p.m., after which time the City Council recessed to a Closed Session pursuant to Govemment Code Sections 54956.9(d)(4) and 54956.8, 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 October 4, 2024, with the amended agenda posted on October ll, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Grisanti moved, and Mayor Pro Tem Riggins seconded a motion to approve the agenda, adjouming in memory of Pete Lippman, Paul Randall, and Jo Ruggles. The motion carried unanimously.
ITEM l CONSENT CALENDAR
The Mayor opened the floor for public comment on the Consent Calendar. As there were no speakers present, he returned the matter to the table for discussion.
MOTION
Malibu City Council
Minutes of October 14, 2024
Item Nos. 1.B.8. was pulled by the Council.
Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item No. 1.B.8. The motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
l. Second Reading and Adoption of Ordinance No. 523
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 523 approving Local Coastal Program Amendment No. 20- 001 and Zone Text Amendment No. 20-002 to update regulations and determining the amendments are exempt from the California Environmental Quality Act (CEQA). New Items
l . 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/0r second reading and adoption.
Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 73658-73860 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. 755 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 4,370,519.83. City of Malibu payroll check number 5485 and ACH deposits were issued in the amount of $785,197.34. Approval of Minutes Recommended Action: Approve the minutes for the August l9, 2024 Special meeting and August 26, 2024 Regular meeting. Investment Report for the Month Ending August 3 l, 2024 Recommended Action: Receive the Investment Report for the month ending August 31, 2024..
Beverage Container Recycling_Grant Program
Recommended Action: Adopt Resolution No. 24-53 authorizing the submittal of an application for grant funds through the Department of Resources Recycling and Recovery (CalRecycle) Beverage Container Recycling Grant Program.
Resolution Declaring the Existence of a Local Emergency and Initiating a Program for Reducing the Risk of Fires Associated with Individuals Engaged in Unpermitted Camping Recommended Action: Adopt Resolution No. 24-54 declaring the existence of a local emergency and initiating a program for reducing the risk of fires associated with individuals engaged in unpermitted camping.
Approve Amendment to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Provide for Representation of the City Malibu City Council
Minutes of October 14, 2024
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 flfth 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 item was pulled from the consent calendar for individual consideration:
8. Assignment of Interest in Malibu Lumber Yard Ground Lease Recommended Action: l) Approve, subject to implementing documentation, the transfer of all rights and obligations under the ground lease for the Malibu Lumber Yard site dated June 9, 2008 (Ground Lease), of WPG Malibu LLC (WPG), the tenant of the Malibu Lumber Yard (located at 3939 Cross Creek Road), to AJS Lumberyard, LLC, (AJS) a Delaware limited liability company and the execution of a new Guaranty of Ground Lease by 9308 Civic Center Drive LLC, a California limited liability company; and 2) Authorize the City Manager to execute Attachments A-D, and all documents necessary or appropriate to effectuate the City’s approval of such changes, in such form as the City Manager shall detennine appropriate, with such changes as deemed appropriate by the City Manager.
The Council discussed the item and directed questions to staff.
MOTION Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to: l) approve, subject to implementing documentation, the transfer of all rights and obligations under the ground lease for the Malibu Lumber Yard site dated June 9, 2008 (Ground Lease), ofWPG Malibu LLC (WPG), the tenant ofthe Malibu Lumber Yard (located at 3939 Cross Creek Road), to AJS Lumberyard, LLC, (AJS) a Delaware limited liability company and the execution of a new Guaranty of Ground Lease by 9308 Civic Center Drive LLC, a California limited liability company; and 2) authorize the City Manager to execute Attachments A-D, and all documents necessary or appropriate to effectuate the City’s approval of such changes, in such form as the City Manager shall determine appropriate, with such changes as deemed appropriate by the City Manager. The motion carried 4-1, Councilmember Silverstein opposed.
ITEM 2 CEREMONIAL/PRESENTATIONS
A. Presentation of Commendation to the Malibu Farmers Market in Recognition of its 25th Anniversary
Councilmember Uhring presented the commendation to Debra Bianco.
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Malibu City Council
Minutes of October 14, 2024
Ms. Bianco thanked the Council and discussed the Cornucopia Foundation’s upcoming projects.
Presentation of Commendation to William Bema for Assisting with a Rescue in Malibu Canyon Mayor Stewart presented the proclamation Marianne Bema, on behalf of William Bema.
Ms. Bema discussed her son William Bema’s role in the rescue.
Mr. Bema discussed his brother William Bema’s role in the rescue. 2024 Fire Season Outlook Presentation
Public Safety Director Dueflas, Los Angeles County Fire Department Assistant Chief Drew Smith, Fire Safety Liaisons Yocum and Vandermuelen, and Emergency Services Coordinator Flores presented on fire season outlook and fire preparedness programs.
The Council directed questions to staff and Assistant Chief Smith.
SB 1297 (Speed Cameras) Implementation Plan Presentation ITEM 3
Deputy City Manager Brown presented on SB 1297 and plans for implementation.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Jo Drummond, Public Works Commission, discussed the draft traffic study for Malibu Canyon Road and plans for safety improvements. She stated there would be a community meeting before the projects were presented to the Council. She stated the Commission would review the technical design for the Permanent Skatepark. She stated the Snack Shack was also going through the design process.
City Manager McClary stated staff was working on an item regarding the Mobilehome Park Rent Stabilization Commission and would begin advertising for the vacancies on the Commission. He stated he spoke with State Parks regarding the invasive Arundo plant in Malibu Creek and State Parks would address it. He announced another Pacific Coast Highway (PCH) Master Plan Feasibility Study workshop on October 23, 2024. He announced a candlelight vigil on October l7, 2024 in honor ofthe Pepperdine students killed in a car crash on October l7, 2023. He stated there would also be a media event focusing on PCH safety on October 18, 2024 at the ghost tires memorial. He announced the City had received the Certificate of Achievement for Excellence in Financial Reporting from the Govemment Finance Officers Association for the 23rd year in a row. He thanked the Finance Division for their work. He stated the City’s draft Housing Element had been submitted to HCD. He stated the Regional Water Quality Control Board Malibu City Council
Minutes of October 14, 2024
would consider an amendment to the MOU with the City regarding the prohibition on onsite wastewater treatment facilities in the Civic Center area. He announced a Special meeting on October 24, 2024 on the community lands outreach project outcomes. He stated he had been contacted by property owners inquiring ifthe City would consider purchasing additional property.
By consensus, the Council directed staff to bring back an item on the potential purchase of two properties (3542 Coast View Drive and 6551 Portshead Road).
City Manager McClary announced the October 28, 2024 agenda would include items on the Mobilehome Park Rent Stabilization Commission, school district separation agreements, FY 2024-25 Strategic Priorities, naming rights for City facilities, and the road race agreement. He stated he, Deputy City Manager Brown, Mayor Pro Tem Riggins, and Mayor Stewart attended Camp Kilpatrick tour with Supervisor Horvath’s office. He stated he planned to attend the League of California Cities Annual Conference.
In response to Councilmember Silverstein and Mayor Pro Tem Riggins, Public Works Director DuBoux stated the diagonal parking spaces along the south side Civic Center Way were each half in Legacy Park and half in the public right-of- way. He stated the parking spaces along the north side were entirely in the public right-of-way.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, commended William Bema. He reported there were 31 fewer property crimes compared to last year. He discussed an incident on October 9, 2024 where a transient at Malibu Fitness was threatening staff. He discussed an incident at Topanga Beach where a transient assaulted surfer’s car and assaulted the surfer. He discussed a cleanup event with Caltrans near Coastline Drive. He discussed a fatal traffic collision near Topanga Canyon. He reminded everyone to drive safely. He presented a video on the Malibu/Lost Hills Station real time crime center.
ITEM 4.A.
In response to Councilmember Grisanti, Sergeant Soderlund discussed the response to an unpermitted car show near Saddle Peak.
PUBLIC COMMENTS
Ranger Tim Pera, Mountains Recreation Conservation Authority (MRCA), presented the monthly ranger report. He stated seven administrative citations were issued at Escondido and Lechuza beach for possession of alcohol, smoking, dogs on the beach, and illegal off-trail use. He stated 467 parking citations were issued at coastal parks. He discussed homeless outreach at Malibu Bluffs and encampment cleanup. He stated he had received a report of two new encampments and additional outreach efforts were being planned. He stated there were extended f1re patrols due to weather events.
CONSENSUS
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Malibu City Council
Minutes of October 14, 2024
Howard Ferguson deferred time to Candace Ferguson.
Candace Ferguson, Point Dume Club Residents Association, requested the Council reactivate the Mobilehome Park Rent Stabilization Commission. She suggested individuals who could serve as commissioners.
Rob Blackman requested the Council reactivate the Mobilehome Park Rent Stabilization Commission. He discussed the recent sale of the Point Dume Club Mobilehome Park.
Dru Ann Jacobson requested the Council reactivate the Mobilehome Park Rent Stabilization Commission.
Michel Shane discussed the crash that killed the four Pepperdine students. He requested the City declare October 17 as Safe PCH Day.
Larry discussed Bruce Silverstein’s Facebook meme page and described some of the memes he found distasteful.
Aaron discussed the adoption of the 2024 Emergency Operations Plan.
Mayor Stewart requested the speaker hold his comments until the agendized item is heard.
ITEM 4.B.
Bill Sampson indicated support for Safe PCH Day. He indicated support for reactivating the Mobilehome Park Rent Stabilization Commission. He stated he was willing to serve on the Commission.
Andy Lyon addressed Larry’s comments. He announced he was running as a write- in candidate for City Council.
Fred Dora discussed the recent ruling the favor of the City in the litigation between MTC and the City. He encouraged the City to collect the legal fees owed as a result of the ruling.
Ann Doneen discussed politics around the General Municipal Election. She discussed how the mission of MTC aligned with the City’s Mission Statement. She discussed rumors regarding MTC, Councilmember Uhring, John Mazza, and Jo Drummond.
Jo Drummond discussed the comments from Zoom participants regarding Councilmember Uhring and Councilmember Silverstein. She objected to the statements made regarding her and Councilmember Silverstein. She discussed litigation with MTC and the end of the Malibu Bluffs/Charmlee Park swap.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Malibu City Council
Minutes of October 14, 2024
Councilmember Silverstein indicated support for reactivating the Mobilehome Park Rent Stabilization Commission. He suggested the mobilehome park residents nominate Commissioners. He indicated support for Safe PCH Day.
CONSENSUS
By consensus, the Council directed staffto consider declaring October 17 Safe PCH Day.
Councilmember Silverstein discussed the new meeting start time and format and the efficiencies of the new format. He suggested recognizing Chumash and Indigenous People’s Day.
CONSENSUS
By consensus, the Council directed staff to bring back an item to consider recognizing Indigenous People’s Day.
Councilmember Silverstein discussed the purpose ofthe Facebook meme group and the large volume of memes that had been posted.
Councilmember Uhring discussed comments from the Zoom speakers. He discussed the Malibu Times article on Keegan Gibb’s work with the Malibu Fire Brigades. He requested a summary ofhow Planning staffwas preparing staff report recommendations.
City Manager McClary confirmed staff would distribute a memo regarding Planning staff reports.
Councilmember Uhring discussed increasing fire insurance costs and the challenges for residents to find insurance providers will to provide coverage in Malibu.
In response to Mayor Pro Tem Riggins, Ranger Pera discussed the MRCA’s fire division and contractor brush clearance projects.
Mayor Pro Tem Riggins thanked staff for its work on all the major projects. She discussed the Camp Kilpatrick tour. She stated she attended the JPIA Risk Management Conference. She stated she attended a Public Safety Commission meeting and requested the tov’vyard item be scheduled as soon as possible.
City Manager McClary confirmed staff was working on the tow yard item.
Councilmember Grisanti stated the Council had held several special meetings in recent weeks to move the City’s business forward.
Mayor Pro Tem Riggins announced the Malibu Methodist Pie Festival October l9, 2024.
RECESS
ITEM 5
ITEM 6
ITEM 7
MOTION
Malibu City Council
Minutes of October 14, 2024
Mayor Stewart stated he attended an Administration and Finance Subcommittee meeting and an ice cream social for City staff. He stated he attended the ribbon cutting for the real time crime center at the Malibu/Lost Hills Station. He discussed the Camp Kilpatrick tour and how the residents were selected for the Camp Kilpatrick program. He stated he attended the business roundtable meeting. He stated he attended a remembrance ceremony at Calabasas City Hall for Israel. He indicated support for PCH Safety Day. He discussed his support for the Fire Brigade program and its purpose. He discussed Mobilehome Park Rent Stabilization Commissioner recruitment and appointment. He discussed the home insurance issues in Malibu and nationally.
Councilmember Silverstein discussed the previous plans for Camp Kilpatrick and how the facility was being used now.
At 8:18 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 8:27 p.m. with all Councilmembers present.
ORDINANCES AND PUBLIC HEARINGS
None.
OLD BUSINESS
Strategic Workplan Fiscal Year 24-25
Recommended Action: Continue this item to the October 28, 2024 Regular City Council meeting.
This item was continued upon approval of the agenda.
NEW BUSINESS
Code of Conduct
Recommended Action: Adopt Resolution No. 24-52 establishing a Code of Conduct for City Officials.
Assistant City Manager Toney and Deputy City Manager Brown presented the staff report.
Mayor Stewart opened the floor to public comment. As there were no speakers present, Mayor Stewart retumed the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 24-52 establishing a Code of Conduct for City Officials. The motion carried 4-1 , Councilmember Uhring abstained.
MOTION
ITEM 8
Malibu City Council
Minutes of October 14, 2024
Adoption of the 2024 Emergency Operations Plan
Recommended Action: Adopt Resolution No. 24-51 adopting the 2024 Emergency Operations Plan.
Emergency Services Coordinator Flores 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 and directed questions to staff.
Councilmember Silverstein moved to adopt Resolution No. 24-51 adopting the 2024 Emergency Operations Plan.
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Riggins seconded the motion.
The Council discussed the item.
The motion carried unanimously.
Appropriation of Office of Traffic Safety gOTS) Grant Funds for Enforcement Operations and Public Education Campaign and Agreement for Public Education Campaign Recommended Action: Continue this item to the October 28, 2024 Regular City Council meeting.
This item was continued upon approval of the agenda.
COUNCIL ITEMS
None.
ADJOURNMENT
Mayor Stewart adjourned the meeting at 9:32 p.m. in memory of Jo Ruggles, Paul Randall, and Pete Lippman.
Malibu City Council
Minutes of October 14, 2024
Approved and adopted by the City Council of the
C1ty of ali on Nov 24.
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