MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
NOVEMBER 12, 2024
COUNCIL CHAMBERS
5:30 P.M.
MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 4:30 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 4:31 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
1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (l)
Conference with Legal Counsel — Existing litigation pursuant t0 Government Code Section 54956.9(d)(1):
l. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD
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:
Malibu City Council
Minutes ofNovember 12, 2024
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 Dueflas, Public Safety Director; Rob DuBoux, Public Works Director; Christine Wood, Deputy City Attorney; Parker Davis, Media Technician; Jason Lawrence, Deputy City Clerk; Kate Manisco, Recreation Manager; Tracey Rossine, Environmental Programs Manager; and Luis Flores, Public Safety Coordinator
Ll,i
1 PLEDGE OF ALLEGIANCE
Norm Haynie led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 4:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9 and 54956.9(d)(l), 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 November l, 2024, with the amended agenda posted on November 8, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Grisanti moved, and Mayor Pro Tem Riggins seconded a motion to approve the agenda. The motion carried unanimously.
ITEM 1 CONSENT CALENDAR
Mitchell provided public comment.
Interim City Attorney Rusin and City Clerk Pettij ohn clarified that public comment for items not the agenda would be heard after 6:30 p.m.
Item Nos. l.B.5. was pulled by the Council.
MOTION Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. l.B.5. The motion carried unanimously.
The Consent Calendar consisted of the following items:
Malibu City Council
Minutes ofNovember 12, 2024
A. Previously Discussed Items
None.
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.
2. 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.
3. Approval of Minutes
Recommended Action: Approve the minutes for the September 11, 2024 Special Meeting, the September l8, 2024 Special Meeting, the September 23, 2024 Special Meeting, and the September 23, 2024 Regular Meeting.
4. Amendment to Agreement with Bureau Veritas North America, Inc. for Plan Check Consulting Services
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with Bureau Veritas North America, Inc. to broaden the scope of work to include plan reviews of non-Woolsey proj ects.
6. Amendment to Agreement with Southwest Offset Printing Recommended Action: Authorize the Mayor to execute Amendment No. 1 with Southwest Offset Printing Co., Inc. for printing and mailing services of the Quarterly Recreation Guide and City Newsletter.
7. Third Amendment to Lease Agreement for 23661 Pacific Coast Highway (Super Care Drugs, Inc.)
Recommended Action: Approve Third Amendment to Lease Agreement for 23661 Pacific Coast Highway with Super Care Drugs, Inc.
8. First Amendment to Lease Agreement for 23431 Pacific Coast Highway (Malibu Coast Animal Hospital)
Recommended Action: Approve First Amendment to Lease Agreement for 23431 Pacific Coast Highway with Malibu Coast Animal Hospital.
9. Amendments to Professional Services Agreement for School Separation Recommended Action: 1) Authorize the Mayor to execute Amendment No. 9 to the Professional Services Agreement with STLR Corporation, dba Ryland School Business Consulting for a total contract amount of $587,710; and 2) Authorize the Mayor to execute Amendment No. 8 to the Professional Services Agreement with Kirk-Carter and Associates for a total contract amount of $224,430.
10. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) Recommended Action: Adopt Resolution No. 24-57 extending the declaration of the existence of a local emergency related to the increase of Malibu City Council
Minutes ofNovember 12, 2024
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. ll. Agreement with RTW Management, Inc.
Recommended Action: Continue this item to the November 25, 2024 Regular City Council meeting.
12. Professional Services Agreement Amendment No. 2 with Quinto Consulting, LP for City Treasurer Services and Request for Proposals Recommended Action: 1) Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Quinto Consulting, LP for City Treasurer services; 2) Direct the City Manager to develop and issue a request for proposals (RFP) for City Treasurer; and 3) Assign the Administration and Finance Subcommittee to review the proposals, conduct interviews, and make a recommendation to City Council regarding the selection of City Treasurer.
The following items were pulled from the consent calendar for individual consideration:
MOTION
5. Resolution Establishing an Irrevocable Election Period for Vacation and Sick Leave
Recommended Action: Adopt Resolution No. 24-56 Amending personnel system rules Section 3 of Resolution No. 20—45 (Rule XIV. Vacation, Sick and Other Leave).
Assistant City Manager Toney presented the staff report.
The Council discussed the item and directed questions to staff.
Councilmember Grisanti moved, and Councilmember Uhring seconded a motion to adopt Resolution No. 24-56 Amending personnel system rules Section 3 of Resolution No. 20-45 (Rule XIV. Vacation, Sick and Other Leave). The motion carried unanimously.
ITEM 2 CEREMONIAL/PRESENTATIONS
A. Presentation of Commendations to the Malibu Outreach Team Public Safety Coordinator Flores introduced the Malibu Outreach Team members.
Mayor Stewart presented the commendations to the Malibu Outreach Team members.
Zachary Coil, Program Director, thanked the Council for the recognition Malibu City Council
Minutes ofNovember 12, 2024
Presentation and Update on School Separation
Deputy City Attorney Wood presented an update on school district separation and the City’s Los Angeles County Office of Education (LACOE) petition.
ITEM 3
RECESS
ITEM 4.A.
The Council directed questions to Deputy City Attorney Wood.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
City Manager McClary stated the City was tracking election results and reported updates on the tallied votes. He announced the newly elected Councilmembers would be sworn in on December 9, 2024, and the meeting will be followed by a reception. He discussed the activation of the Emergency Operations Center (EOC) in response to the Broad Fire on Malibu Road and the hazardous wind conditions during the public safety power shutoff (PSPS). He stated the traffic signal generators were used where possible to keep signals working on Pacific Coast Highway (PCH) through the PSPS event. He discussed issues with cell service during the PSPS and the requirement for cell providers to provide generator backup.
He discussed response to and damage from the Broad Fire. He stated the cause of the fire had not been determined. He stated staff meet with Supervisor Horvath to discuss PCH safety improvements. He stated the Califomia Department ofHousing and Community Development (HCD) was still reviewing the City’s draft Housing Element. He announced the extreme tides were proj ected for November and December. He stated he participated in the City Manager in Residence Program at Pepperdine University last Monday.
In response to Mayor Pro Tem Riggins, City Manager McClary stated the City had an agreement with Caltrans allowing the City to provide generator power for signals on PCH during PSPS events. He clarified the cell providers were required to provide backup generators for their primary cell sites.
In response to Councilmember Uhring, City Manager McClary stated Caltrans was responsible for the signal lights. He stated the City’s agreement with Caltrans allowed the City to use its own generators to power the signals during emergencies.
In response to Mayor Stewart, City Manager McClary confirmed that City Hall’s generator worked as expected.
At 6:23 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 6:30 p.m. with all Councilmembers present.
PUBLIC COMMENTS
Mayor Stewart discussed the rules of decorum and the purpose ofpublic comment.
Tim Pera, Mountains Recreation Conservation Authority (MRCA), presented the monthly ranger report. He stated there were continuous patrols for new ITEM 4.B.
Malibu City Council
Minutes ofNovember 12, 2024
encampments on MRCA property. He stated MRCA Rangers were working with the Malibu Outreach Team and Sheriffs Department on services for individuals experiencing homelessness. He stated 110 parking citations were issued last month.
He discussed the Broad Fire that started on the Malibu Bluffs. He stated no encampments were present on the Malibu Bluffs prior to the fire. He stated five administrative citations were issued at Lechuza Beach for alcohol on the beach. He. stated all night ranger patrols were scheduled during the red flag event. ln response to Councilmember Silverstein, Ranger Pera confirmed the fire started on MRCA property and exact ignition point and origin was being investigated.
Haylynn Conrad discussed the Woolsey Fire and questioned what Southern California Edison (SCE) had done to improve power safety and reliability. She recommended requesting information from SCE on power outages and investment in improvements in Malibu compared to other areas. She questioned why Malibu High School (MHS) does not have a generator. She discussed the challenges for residents when there is no power.
Bill Sampson discussed his experience calling SCE during the PSPS event and how difficult it was to get information about when power would be restored. He discussed the importance of civility and the re-election of Councilmember Silverstein and Councilmember Uhring.
Mitchell discussed legal action against the City from former staff member Adrian Femandez and individuals who will be named in the case.
Paul Silvestre discussed Malibu Township Council (MTC) litigation over Trancas Park. He discussed Councilmember Uhring’s statement at a candidate forum that there was not lawsuit.
Andy Lyon suggested requiring Zoom participants to provide their tilll name. He congratulated Councilmember Silverstein and Councilmember Uhring on their reelection.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Mayor Stewart stated he attended a Business Roundtable meeting and the Veterans Day event. He discussed the Broad Fire and the EOC activation. He discussed the extensive emergency experience of the City staff. He stated he had a readiness briefing with Mayor Pro Tem Riggins from City Manager McClary before the wind event. He discussed the protocols for PSPS events and the hazards created or exacerbated by PSPS events. He requested consensus to bring back an item to form an Ad Hoc Committee to address various PSPS hazards.
Councilmember Silverstein indicated support for the item. He suggested considering forming an Ad Hoc Committee or Task Force. He suggested considering a declaration of local emergency in relation to PSPS events.
Malibu City Council
Minutes ofNovember 12, 2024
Mayor Pro Tem Riggins indicated support for bringing back the item and considering directing the Public Safety Commission to address issues related to PSPS events.
Councilmember Uhring indicated support for the item and discussed the urgency of addressing these issues.
Councilmember Grisanti indicated support for the item. He discussed local grocery stores that had their own backup power and suggested looking for ways to support backup power for essential businesses.
Mayor Pro Tem Riggins discussed using schools as evacuation sites and Starlink tools that could provide intemet service.
Mayor Stewart stated Community Emergency Response Team (CERT) emergency sites had Wi-Fi capability.
Councilmember Silverstein suggested bringing back an omnibus item to address all these options.
In response to Mayor Stewart, City Manager McClary stated staff could bring back a report with options.
Councilmember Uhring discussed the importance of undergrounding power lines in high-risk areas.
In response to Councilmember Uhring, Mayor Stewart stated SB 884 required circuits to be undergrounded, not service lines.
CONSENSUS
By consensus, the Council: l) directed staff to bring back an item to: a) consider forming an Ad Hoc Committee, Task Force, or direct another advisory body to address issues related Public Safety Power Shutoff (PSPS) events, and b) consider options for an emergency declaration as a result of PSPS events; and 2) directed the City Attomey to assign a legal advisor for these matters.
Mayor Stewart requested City Manager McClary provide an update at the December 9, 2024 meeting.
Councilmember Uhring discussed an individual who was stuck in the Surfrider Beach parking lot after the gate was locked. He stated the Veterans Day event had good participation. He stated the Seawolves swim team had sent him a copy of a proposal to share the pool with the Malibu Marlins. He thanked the Fire Department for its quick response to the Broad Fire. He requested an update on the fund balance reserve for emergencies. He indicated agreement with Mayor Stewart’s comments on the PSPS events. He discussed how PSPS events impacted Malibu City Council
Minutes ofNovember 12, 2024
condo residents.
In response to Councilmember Uhring, Interim City Attorney Rusin explained the purpose of the City Council policies and confirmed the City Council was the only body that could change the policies.
Councilmember Uhring expressed concern City staff was not following the City Council Policies. He discussed City Council Policy #43 and how complaints were being reported. He discussed the code enforcement complaint against his property. He requested a meeting with the City Attorney and City Manager. He thanked those who voted for him in the November 5, 2024 election.
Councilmember Grisanti discussed the Halloween celebration in Malibu West. He stated he attended a Business Roundtable meeting and the Veterans Day event. He stated he attended the LACOE hearing in Santa Monica and encouraged the public to attend the hearing tomorrow at MHS. He announced the new art exhibit Feminine Perspectives at City Hall and the opening reception at City Hall on November l7, 2024.
Councilmember Silverstein discussed the Broad Fire and the efficient Fire Department response. He congratulated Councilmember Uhring and Haylynn Conrad for their election to City Council. He commended Councilmember Grisanti, Channing Frykman, and Andy Lyon for their campaign efforts. He discussed PSPS events and potential mitigation measures that could be implemented. He addressed Mitchell and stated his comments included inaccurate information. He stated he attended the Veterans Day event and discussed the importance of remaining non-partisan at such events. He asked if there was an application for an Equinox Gym in The Park at Cross Creek and whether gyms could be permitted in office buildings. He discussed staff statements at Planning Commission meeting about the California Coastal Commission (CCC) and clarified that staff did not speak directly with the CCC but spoke to CCC staff.
Mayor Stewart stated SCE had a list of generators and battery backups they would pay a rebate for. He discussed the power sources for the circuits in the City.
In response to Mayor Pro Tem Riggins, Public Safety Director Duefias discussed programs for medical backup batteries and backup batteries for seniors.
Mayor Pro Tem Riggins discussed generators and the noise impacts for the neighborhoods. She discussed a small landslide on PCH near Latigo and Corral.
In response to Mayor Pro Tem Riggins, City Manager McClary confirmed Caltrans was notified of the slide last week and the K-rail stopped the debris.
Mayor Pro Tem Riggins announced a weed pulling event at Point Dume Headlands on November 13, 2024 and the next Library Speaker Series event on November 20, 2024. She encouraged the public to attend the LACOE hearing at MHS. She
CONSENSUS
ITEM 5
ITEM 6
Malibu City Council
Minutes ofNovember 12, 2024
encouraged everyone to shop local for the holidays. She stated she attended the Business Roundtable meeting, Veterans Day event, LACOE State of Education event. She stated she was online for the LACOE hearing on Friday and commended city staff and Councilmember Grisanti for their participation in the hearing. She congratulated Councilmember Silverstein, Councilmember Uhring, and Haylynn Conrad on their election and thanked Councilmember Grisanti for his service. She discussed the April 23, 2009 lawsuit filed by MTC and subsequent settlement agreement that included a prohibition on sports league play at Trancas Canyon Park. She requested MTC and the City come to an agreement to remove that restriction.
In response to Councilmember Silverstein, Mayor Pro Tem Riggins requested consensus from the Council to bring back an item.
Interim City Attorney Rusin advised on options get more information about the settlement agreement conditions.
By consensus, the Council directed the City Manager to contact the Malibu Township Council regarding the restrictions on league play at Trancas Park and bring back more information
Mayor Pro Tem Riggins suggested Councilmember Uhring abstain from future discussions on this issue since he was a member of the MTC when the settlement agreement was entered into.
ORDINANCES AND PUBLIC HEARINGS
Appeal No. 23-003 - Appeal ofPlanning Commission Resolution No. 23-03 (3 l 864 Sea Level Drive; Owners - Narod Naiarian and Garo Bedrossian; Appellants - Elizabeth and Glenn Lynch and Patt Healv, Malibu Coalition for Slow Growth) Recommended Action: Continue this item to the November 25, 2024 Regular City Council meeting.
This item was continued upon approval of the agenda.
OLD BUSINESS
Strategic Workplan Fiscal Year 2024-25 (Continued from October 28, 2024) Recommended Action: AdOpt the Strategic Workplan for Fiscal Year 2024-25.
Deputy City Manager Brown 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.
Malibu City Council
Minutes ofNovember 12, 2024
W
i MOTION
ITEM 7
-Lw_ MOTION
MOTION
Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to adopt the Strategic Workplan for Fiscal Year 2024-25. The motion carried unanimously.
NEW BUSINESS
Community Christmas Tree Lot Fee Waiver
Recommended Action: Consider whether to approve the request from the Malibu Education Foundation to waive the facility use fees for the Ioki Property for the Annual Community Christmas Tree Lot.
Community Services Director Riesgo presented the staff report.
Mayor Stewart opened the floor to public comment.
Speaker: 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.
Councilmember Silverstein moved, and Mayor Pro Tem Riggins seconded a motion to approve the request from the Malibu Education Foundation to waive the facility use fees for the Ioki Property for the Annual Community Christmas Tree Lot. The motion carried unanimously.
Amendment No. 2 to the Employment Agreement for Citv Manager Services between the City of Malibu and Steven L. McClary
Recommended Action: Approve Amendment No. 2 to the June 13, 2022, City Manager Employment Agreement.
Interim City Attorney Rusin 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.
Councilmember Grisanti moved, and Councilmember Uhring seconded a motion to approve Amendment No. 2 to the June 13, 2022, City Manager Employment Agreement. The motion carried unanimously.
Malibu City Council
Minutes ofNovember 12, 2024
.W
J ITEM 8 COUNCIL ITEMS
A. Proposed 2025 Calendar of City Council Meetings
Recommended Action: Approve the proposed 2025 Calendar of City Council meetings.
City Clerk Pettij ohn 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.
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Riggins seconded a motion to approve the proposed 2025 Calendar of City Council meetings. The motion carried unanimously.
ADJOURNMENT
”1 Mayor Stewart adj ourned the meeting at 8:00 p.m.
Approved and adopted by the C1ty Counc1l of the
Do‘UG SMART, Mayor
ATTEST
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KELEEY TTIJHN my Clerk
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