MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
NOVEMBER 25, 2024
COUNCIL CHAMBERS
5:30 P.M.
MEETING CALL TO ORDER
Mayor Stewart called the meeting to order at 4:30 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 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
l. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (1)
Conference with Legal Counsel — Existing litigation pursuant to Government Code Section 54956.9(d)(1):
1. 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 5:31 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
Malibu City Council
Minutes of November 25, 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; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Susan Duefias, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Christina Munoz, Deputy City Clerk; Tracey Rossine, Environmental Programs Manager; Arthur Aladj adjian, Public Works Superintendent; and Travis Hart, Deputy Public Works Director
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 13, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Uhring moved, and Councilmember Silverstein seconded a motion to approve the agenda. The motion carried unanimously.
ITEM 1 CONSENT CALENDAR
Mayor Stewart opened the floor to public comment. As there were no public speakers present for the Consent Calendar, the Mayor returned the matter to the table for discussion.
Item Nos. 1.B.8. and 1.B.10. were pulled by the Council.
MOTION Councilmember Silverstein moved, and Councilmember Uhring seconded a motion to approve the Consent Calendar, pulling Item Nos. 1.B.8. and 1.B.10. The motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
None.
Malibu City Council
Minutes of November 25, 2024
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 74190-74299 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. 758 in the amount of the warrant appearing opposite their names for the purposes stated on the respective demands in a total amount of $2 924 435 21 C1ty of Malibu payroll check number 5489 and ACH dep031ts were issued 1n the amount of $487 443 27
Approval of Mmutes
Recommended Action: Approve the minutes for the October 2, 2024 Special Meeting, the October 7, 2024 Special Meeting, the October 14, 2024 Special Meeting.
City’s Conflict of Interest Code
Recommended Action: Adopt Resolution No. 24-58 adopting the City’s Conflict of Interest Code and repealing Resolution No 22 38 Agreement w1th RTW Management Inc (Contlnued from November 12 2024)
Recommended Action: 1) Authorize the Mayor to execute a Professional Services Agreement with RTW Management, Inc. to provide Dial-A-Ride Transportation Services through December 31, 2027; and 2) Appropriate $144,000 in Prop A funding to Account No. 203-3009-5145-00 (Proposition A Transportation Services - Dial-A-Ride Services).
Acceptance of Morning View Drive Rehabilitation and Drainage Improvements
Recommended Action: 1) Accept the work performed by Toro Enterprises, Inc. for the Morning View Drive Rehabilitation and Drainage Improvements Project, Specification No. 2104 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
Acceptance of Trancas Canyon Park Upper and Lower Slopes Repair Project
Recommended Action: 1) Accept the work performed by GMZ Engineering, Inc. for the Trancas Canyon Park Upper and Lower Slopes Repair Project, Specification No. 2092 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
Acceptance of Legacy Park Benches Renovation Proiect
Recommended Action: 1) Accept the work performed by Blackpointe Group Construction & Management, Inc. for the Legacy Park Benches Renovation Project, Specification No. 2105 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
11. Award Las Flores Canyon Storm Drain Repair Proiect
Malibu City Council
Minutes of November 25, 2024
Recommended Action: 1) Approve the award of bid and authorize the Mayor to execute an agreement with J & H Engineering General Contractors, Inc. (J & H) in the amount of $80,075 for the construction of the Las Flores Canyon Storm Drain Repair Project, Specification No. 21 1 1; and 2) Authorize the Public Works Director to approve any potential change orders up to 20%.
12. Amendment to Professional Services with m6 Consulting. Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with m6 Consulting, Inc. (m6) for engineering design services for disaster projects in an amount of $26,900 for a total amount not to exceed $337,185 and extend the term of the agreement through July 12, 2026.
13. California Employer’s Retiree Benefit Trust Program Recommended Action: Adopt Resolution No. 24-59 to update the Delegation of Authority to Request Disbursements for the California Employers’ Retiree Benefit Trust Program (CERBT) and rescind Resolution No. 09-27.
14. Professional Services Agreement with Kimlev Horn
Recommended Action: Authorize the Mayor to execute a professional services agreement with Kimley Horn to develop a Speed Safety System Use Policy and Impact Report.
15. Investment Report for the Month Ending October 3 1 , 2024 Recommended Action: Receive the Investment Report for the month ending October 31, 2024.
16. Reiection of Bids for the Latigo Canyon Retaining Walls Rehabilitation Project
Recommended Action: 1) Reject all bids received for the Latigo Canyon Retaining Walls Rehabilitation Project, Specification 2087; and 2) Direct staff to readvertise for construction bidding after FEMA/ CalOES has authorized the additional funding.
The following items were pulled from the consent calendar for individual consideration:
MOTION
8. Acceptance of Trancas Canyon Park Playground Resurfacing Project Recommended Action: 1) Accept the work performed by Robertson Industries, Inc. for the Trancas Canyon Park Playground Resurfacing Project, Specification No. 2109 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Riggins moved, andCouncilmember Grisanti seconded a motion to 1) accept the work performed by Robertson Industries, Inc. for the Trancas Canyon Park Playground Resurfacing Project, Specification No. 2109 as complete; and 2) authorize the Public Works Director to submit for recordation a Notice of Completion. The mOtion carried unanimously.
CONENSUS
MOTION
ITEM 2
ITEM 3
Malibu City Council
Minutes of November 25, 2024
10. Professional Services Agreement for Bluffs Park Snack Shack Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Pacific Architecture and Engineering, Inc. (PAC) in an amount not to exceed $200,000 for engineering design services for the Bluffs Park Snack Shack project.
The Council discussed the item and directed questions to staff.
By consensus, the Council directed staff to include with the Subcommittee and Ad Hoc Committee appointment item in January 2025 an option to consider forming an ad hoc committee to address recreational use on all City properties and the development of the Malibu Bluffs Park snack shack.
Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to authorize the Mayor to execute a Professional Services Agreement with Pacific Architecture and Engineering, Inc. (PAC) in an amount not to exceed $200,000 for engineering design services for the Bluffs Park Snack Shack proj ect. The motion carried unanimously.
CEREMONIAL/PRESENTATIONS
Paciflc Coast Highway Safety Update Presentation
Deputy City Manager Brown presented an update on Pacific Coast Highway (PCH) safety proj ects, including speed camera implementation, plans for PCH roundabouts at El Matador State Beach and Encinal Canyon Road, and the Caltrans PCH Master Plan Feasibility Study.
The Council directed questions to staff.
COMMISSION / COMMITTEE / CITY MANAGER UPDATES
Assistant City Manager Toney announced City Hall would be closed Thursday and Friday for Thanksgiving. He stated the next Regular meeting on December 9 would include the City Council reorganization and be followed by a reception in the Mulipurpose Room. He announced the next City Manager Update would be distributed on December 2, 2024 and encouraged the public to sign up for notifications.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, reported on October crime statistics and stated there were 380 part one crimes, which is down from last year. He discussed an incident on November 13, 2024 where the special assignment deputies assisted with 13 search warrants in Los Angeles County as part of an investigation into Mexican cartels. He discussed the warrant served in Woodland Hills and the total volume of narcotics and weapons retrieved. He discussed an incident where deputies responded to a physical altercation between squirrel trappers and parents at Malibu High School (MHS).
Q}
RECESS
ITEM 4.A.
ITEM 4.B.
Malibu City Council
Minutes of November 25, 2024
Councilmember Grisanti discussed potential flnes from Fish and Game for relocating squirrels.
In response to Councilmember Silverstein, Sergeant Soderlund confirmed none of the search warrants were served in Malibu. He confirmed he could compare crime statistics to multiple past years and discussed trends over the last five years ago.
He discussed “swatting” emails, and stated it was important to investigate them and treat them as real reports. He encouraged individuals to report those emails to the Sheriff s Department.
In response to Mayor Pro Tem Riggins, Sergeant Soderlund stated California Highway Patrol and Sheriff’s Department officers could enforce the ban on trucks over three axels on PCH.
At 6:08 p.m., Mayor Stewart recessed the meeting. The meeting resumed at 6:30 p.m. with all Councilmembers present.
PUBLIC COMMENTS
Guy discussed Councilmember Uhring’s comments at the last meeting and questioned why Councilmember Uhring wanted to know the name of the person who reported his property to code enforcement. He discussed the cost of potential litigation related to Councilmember Uhring and Councilmember Silverstein’s actions.
Will Spano discussed the Malibu Township Council and stated it tried to control the City. He discussed Councilmember Uhring’s previous role as President of the Malibu Township Council. He discussed Malibu Township Council members on City Commissions and their activity on Nextdoor.
SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Uhring stated he attended the last Library Speaker Series event and discussed how the program brought the community together. He commended Community Services Director Riesgo and Los Angeles County Community Library Manager Stallings for their work on the events. He discussed cell service outages during public safety power shutoff (PSPS) events. He discussed the item coming back in January to consider forming a body to address issues related to PSPS events.
He encouraged the community to look out for their neighbors during PSPS. He discussed Waste Management increasing rates and encouraged seniors to apply for the 10% senior discount. He discussed City Council Policy #43 and how it was being interpreted by staff. He discussed the General Municipal Election and the election results. He discussed Hans Laetz’s recent comments on Nextdoor.
Mayor Pro Tem Riggins stated she introduced the speaker at the last Library Speaker Series event, and commended Community Services Director Riesgo and Malibu City Council
Minutes 0f Novemb€r 25, 2024
Los Angeles County Community Library Manager Stallings for their work on the events. She stated she attended the Los Angeles County Office of Education Board of Education (LACOE) hearing at MHS on the City’s petition to form the Malibu Unified School District. She stated she attended the ribbon cutting in Westlake Village for its new pickleball court and suggested using their recreation center as a model. She stated she attended the Los Angeles County Library Commission meeting. She stated she attended a Parks and Recreation Commission meeting where the Equestrian Park was discussed. She suggested conducting a flashvote survey targeted toward use of the Equestrain Park.
Assistant City Manager Toney requested the Council direct staff to bring back an item if they would like to consider doing a survey.
In response to Mayor Stewart, Mayor Pro Tem Riggins stated Trancas Riders and Ropers was still active. Community Services Director Riesgo stated Trancas Riders and Ropers recently contact City staff and intend to start using the facility again.
She stated the group was working on new programs and would contact the City again in January.
In response to Councilmember Grisanti, Community Services Director Riesgo stated the City did not pay fees for the use of the Equestrian Park but did pay for maintenance.
Mayor Stewart proposed bringing back update in January.
Councilmember Silverstein indicated support for the item Mayor Pro Tem Riggins requested.
In response to Mayor Pro Tem Riggins, Assistant City Manager Toney confirmed that staff could bring back an update.
CONSENSUS
By consensus, the Council directed staff to bring back an update on Equestrian Park use and options for possible outreach.
In response to Mayor Pro Tem Riggins, Public Safety Director Dueflas stated she could look into adding the evacuation zone numbers to the beacon boxes around th City.
Mayor Pro Tem Riggins discussed Councilmember Uhring’s comments on the election and stated she was not pro-development. She discussed her philosophy when considering development applications.
Councilmember Silverstein stated he had been preparing a list of proposals he hoped the City Council could consider over the next year. He stated he had been working with Councilmember-elect Haylynn Conrad on an item regarding a dedicated senior center. He discussed the need to improve the City’s evacuation Malibu City Council
Minutes ofNovember 25, 2024
plan. He discussed allowing individuals on Zoom in public meetings to be on camera. He discussed his proposal to limit remote participation in hybrid meetings to residents. He discussed requiring remote participants to sign up to speak in advance. He discussed City Council Policy #43. He stated remote participants and Hans Laetz continue to spread misinformation. He discussed Jo Drummond’s residency in the City and his intent to appoint her to the Flaming Commission. He stated he was not a member of the Malibu Township Council, but he appreciated the work they do. He discussed the City Council’s decision to prohibit league play at Trancas Park. He discussed Hans Laetz’s blog and reporting. He discussed different Views on the environment and property rights among the Councilmembers.
In response to Mayor Pro Tem Riggins, Interim City Attorney Rusin stated there was a condition on the approval for Trancas Canyon Park prohibiting league play and there was a provision in the settlement agreement with Malibu Township Council that the City would not change that condition.
Councilmember Grisanti discussed Councilmember Uhring’s comments and the restrictions on league play at Trancas Canyon Park. He encouraged the public to participate in the upcoming Community Emergency Response Team (CERT) training course. He stated he attended a Las Virgenes-Malibu Council of Governments (COG) meeting with Mayor Stewart. He stated he attended the LACOE hearing at MHS. He discussed the emails sent to the residents attacking him during the election.
Mayor Stewart stated he attended the LACOE hearing at MHS. He stated he attended and Administration and Finance Subcommittee meeting. He discussed hind reserves and the costs of developing and maintaining the City’s community lands. He commended the Library Speaker Series organizers. He discussed the item coming back to form a group to address PSPS events. He discussed the 20 years it took to build the recreation facilities in Westlake Village and the challenges they faced. He discussed plans for roundabouts on PCH. He discussed the COG’S plans for using excess capacity in flberoptic systems being installed throughout the COG. He discussed the recognition of Councilmember Grisanti leaving office at the COG meeting. He requested an update from Building Safety on soft structures in the City.
In response to Mayor Stewart, Environmental Sustainability Director Bundy stated the City had completed the first phase of the soft story retrofit proj ect. She discussed plans for the project. She stated there were 43 sites being monitored by staff for potential landslides and discussed mediation steps being taken.
Mayor Stewart discussed the recently adopted Code of Conduct for elected and appointed officials. He discussed misinformation spread from inside and outside the city.
ITEM 5 ORDINANCES AND PUBLIC HEARINGS
ITEM 6
Malibu City Council
Minutes of November 25, 2024
None.
OLD BUSINESS
ITEM 7
MOTION
U
MOTION
None.
NEW BUSINESS
Malibu LibrarV Set Aside Funds for Fiscal Year (FY) 2025-26 Recommended Action: Approve Prioritized Funding List for FY 2025-26 as recommended by the Library Subcommittee.
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.
Mayor Pro Tem Riggins moved, and Councilmember Grisanti seconded a motion to approve the Prioritized Funding List for FY 2025-26 as recommended by the Library Subcommittee. The motion carried unanimously.
Bonsall Drive and Busch Drive Speed Humps Request
Recommended Action: 1) Install speed humps on Bonsall Drive between Pacific Coast Highway to end Bonsall Drive, and Busch Drive between Harvester Road and Cuthbert Road; and 2) Direct staff to present the proposed project to Administrative & Finance Subcommittee seeking additional funding for the placement of rubberized molded speed humps during the current flscal year.
Public Works Director DuBoux presented the staff report.
The Council directed questions to staff.
Mayor Stewart opened the floor to public comment.
Speakers: Quentin Lilly, Tiffany Murray, Jonathan Mone, Brian Spun, John Ferry As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.
Councilmember Grisanti moved, and Councilmember Silverstein seconded a motion to: 1) approve installing speed humps on Bonsall Drive between Pacific Coast Highway to end Bonsall Drive, and Busch Drive between Harvester Road and Cuthbert Road; and 2) direct staff to present the proposed project to Administrative & Finance Subcommittee seeking additional funding for the Malibu City Council
Minutes ofNovember 25, 2024
placement of rubberized molded speed humps during the current fiscal year.
The Council discussed the item and directed questions to staff.
FRIENDLY AMENDMENT
MOTION
Councilmember Silverstein moved to approve $100,000 spending up to $100,000 on the purchase of rubberized molded speed humps.
The maker of the motion accepted the amendment.
The Council discussed the item and directed questions to staff.
The motion carried unanimously.
Community Development Department Organizational Plan
Recommended Action: 1) Receive and file the Community Development Department organizational plan; 2) Approve the creation of the Community Development Director position; and 3) Adopt Resolution No. 24—60 amending the Salary Ranges, Authorized Positions, and Class Descriptions for FY 2024-25.
Assistant City Manager Toney presented the staff report.
Mayor Stewart opened the floor to public comment.
Speakers: Jo Drummond, Will Spano
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.
Councilmember Silverstein moved to: 1) receive and f11e the Community Development Department organizational plan; 2) approve the creation of the Community Development Director position; and 3) adopt Resolution No. 24—60, as amended to: a) become effective upon the start date of a new Community Development Director, b) add the at the beginning of the physical'demands section of each class specification “subject to any reasonable accommodation that is required by the American with Disabilities Act or California Disabled Persons Act”, c) remove the word “customer” from the class specifications, and d) add to the Community Development Director, Assistant Community Development Director, and Planning Manager Class Specifications “shall strive to obtain certification from AICP”, amending the Salary Ranges, Authorized Positions, and Class Descriptions for FY 2024—25.
The Council discussed the motion.
Mayor Stewart seconded the motion.
Malibu City Council
Minutes of November 25, 2024
The question was called and the motion carried 3-1-1, Mayor Pro Tern Riggins opposed and Councilmember Grisanti abstained.
ITEM 8 COUNCIL ITEMS
None.
ADJOURNMENT
Mayor Stewart adj ourned the meeting at 9: 10 p.m.
Approved and adopted by the City Counc1l of the
ATTEST: