HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.
HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form.
HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.
Malibu City Council Regular Meeting Agenda (to be held during COVID-19 emergency)
Monday, April 24, 2023
6:30 PM– REGULAR CITY COUNCIL MEETING City Hall – Council Chambers 23825 Stuart Ranch Road
Proclamation Declaring April 2023 as National Donate Life Month in Malibu
Presentation on 2022 Environmental Programs Accomplishments (WASTE REDUCTION)
Written and Oral Communications from the Public
Communications from the Public concerning matters which are not on the agenda but for which the City Council has subject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.
Commission / Committee / City Manager Updates
City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
Previously Discussed Items
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.
Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228
Recommended Action: Allow and approve warrant demand numbers 68727-68879 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. 723 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $932,293.74. City of Malibu payroll check number 5333-5336 and ACH deposits were issued in the amount of $ 258,132.04.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
Recommended Action: 1) Accept the work performed by J and H Engineering General Contractors, Inc. for the Marie Canyon Green Streets Project, Specification No. 2073 as complete; and 2) Authorize the Public Works Director to record a Notice of Completion for the project.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
Food and Beverage Sales in the Open Space District
Recommended Action: 1) Adopt, or provide comment on, the attached draft Council Interpretation regarding food and beverage sales in the Open Space District; 2) Adopt Resolution No. 23-19 initiating a Zone Text Amendment (ZTA) and Local Coastal Program Amendment (LCPA) to address food and beverage sales in the Open Space zoning district, or provide alternative direction; and 3) If Resolution No. 23-19 is adopted, provide direction to the Planning Commission to schedule a public hearing regarding the ZTA and LCPA and provide a recommendation to the Council whether to approve, modify, or reject the amendment and finding the action exempt from the California Environmental Quality Act.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
Update Regarding Local Coastal Program Amendment No. 16-006 (Sea View Hotel Project)
Recommended Action: Receive a status update regarding City Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project LCPA submittal, review the California Coastal Commission (CCC) approved LCPA as modified on February 8, 2023 (LCPA No. LCP-4-MAL-21-0073-2), and provide direction on the following:
1) The Council’s position on the LCPA as modified by the CCC and a determination if the modifications made by the CCC are generally consistent with the City’s LCPA as adopted on September 13, 2021, or that the modifications substantially deviate from the LCPA; and
2) Preparation of an Ordinance to accept the modified LCPA; or
3) Preparation of a Resolution to withdrawal the City’s submitted LCPA with the Council’s stated findings.
Should the Council desire to change the modified LCPA, the Council would need to withdraw and resubmit the amendment as a new LCPA.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes. Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. Speakers are taken in the order slips are submitted or hands are raised.
Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. These items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.
Items in Consent Calendar Section B have not been discussed previously by the Council. If discussion is desired, an item may be removed from the Consent Calendar for individual consideration. Councilmembers may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the entire Consent Calendar. Items excluded from the Consent Calendar will be taken up by the Council following the action on the Consent Calendar. The Council first will take up the items for which public speaker requests have been submitted. Public speakers shall follow the rules as set forth under Oral Communication
For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. All other testimony shall follow the rules as set forth under Oral Communication.
Old Business items have appeared on previous agendas but have either been continued or tabled to this meeting with no final action having been taken. Public comment shall follow the rules as set forth under Oral Communication.
Items in New Business are items, which are appearing for the first time for formal action. Public comment shall follow the rules as set forth under Oral Communication.
City Council Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.
No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.
City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.
The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].
Requests to show an audio or video presentation during a Council meeting should be directed to Alex Montano at (310) 456-2489, ext. 227 or [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.