Meeting

HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.  

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. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker. 

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, August 14, 2023

5:45 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road

6:30 PM – REGULAR CITY COUNCIL MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road

Zoom Webinar Link:
https://us02web.zoom.us/j/87838046585
Five-forty five p.m. Convene for Purpose of Closed Session
 
Call to Order - Mayor
 
Public Comment on Closed Session Items
 
Recess to Closed Session
This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.9. Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.
 

Conference with Legal Counsel - Anticipated Litigation
 
1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9
    Number of cases: (1)
 
Six-thirty p.m. Regular Session
 
Call to Order - Mayor
 
Roll Call - Recording Secretary
 
Pledge of Allegiance
 
Closed Session Report
 
Report on Posting of Agenda
 
Approval of Agenda
 
1.
Ceremonial/Presentations
 
A.
Presentation of 2023 Jake Kuredjian Citizenship Award
 
B.
Presentation on Coyote Response Plans
 
2.
Written and Oral Communications from the Public
 
A.
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.
 
B.
Commission / Committee / City Manager Updates
 
C.
City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
 
3.
Consent Calendar
 
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.

Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228

 
2.
Approve Warrants

Recommended Action: Allow and approve warrant demand numbers 69692-69934on 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. 729 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 2,544,705.63. City of Malibu payroll check number 5356-5365and ACH deposits were issued in the amount of $ 1,711,453.47.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

 
3.
Approval of Minutes

Recommended Action: Approve the minutes for the June 13, 2022 Malibu City Council Regular meeting, June 27, 2022 Malibu City Council Regular meeting, July 11, 2022 Malibu City Council Regular meeting, and July 28, 2022 Malibu City Council Special meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

 
4.
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361

Recommended Action: Consider a motion to reaffirm Resolution No. 23-14, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

 
5.
Investment Report for the Month Ending June 30, 2023

Recommended Action: Receive the Investment Report for the month ending June 30, 2023.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

 
6.
Amendment to Art Loan Agreement with Artist Anna Kelly

Recommended Action: Approve the recommendation from the Malibu Arts Commission to accept Amendment No. 1 to the Art Loan Agreement with Artist Anna Kelly to display her artwork Saving Malibu through August 25, 2023.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350

 
7.
Amendment to Professional Services Agreement with Civic Solutions

Recommended Action: Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Civic Solutions, Inc. for contract planning services.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346

 
4.
Ordinances and Public Hearings
 
A.
Appeal No. 23-001 - Appeal of Planning Commission Resolution No. 23-02 (3620 Noranda Lane; Owner: 3620 Noranda Lane, LLC)

Recommended Action: Adopt Resolution No. 23-37, determining the project is categorically exempt from the California Environmental Quality Act (CEQA), denying Appeal No. 23-001 and approving Coastal Development Permit (CDP) No. 17-104 for the construction of a new single-family residence, a basement including a subterranean garage, a new onsite wastewater treatment system (OWTS), exterior site improvements including a new swimming pool, spa, deck, landscape, hardscape, and grading; including Variance (VAR) No. 19-035 to allow for development within the required Environmentally Sensitive Habitat Area (ESHA) buffer, Site Plan Review (SPR) No. 23-003 for development on slopes steeper than 3 to 1, but flatter than 2.5 to 1, Minor Modification (MM) No. 20-012 for the reduction of the required front yard setback by up to 50 percent, and Offer-to-Dedicate (OTD) No. 23-001 for a trail easement, for the property located in the Rural Residential-Five Acre (RR-5) zoning district at 3620 Noranda Lane (3620 Noranda Lane, LLC).

Staff Contact: Planning Director Mollica, 456-2489, ext. 346

 
5.
Old Business
 
None.
 
6.
New Business
 
A.
Woolsey Fire Fee Waiver Program Update

Recommended Action: Receive and file an update on the Woolsey Fire Fee Waiver Program.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

 
B.
Boys & Girls Club of Malibu Event Fee Waiver

Recommended Action: Consider whether to approve the request from the Malibu Foundation for Youth and Families, DBA Boys & Girls Club of Malibu to waive facility use fees and staffing costs for the Chili Cook-Off event at the Ioki Property.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350

 
C.
Malibu Farmers Market Fee Waiver

Recommended Action: Consider whether to approve the request from the Cornucopia Foundation to waive the facility use and permit fees for the Malibu Farmers Market at Legacy Park.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350

 
D.
Proposed Settlement Agreement with Cross Creek Ranch Malibu, LLC (CCRM) Regarding the Ranch at Cross Creek Property

Recommended Action: 1) Approve draft settlement agreement with Cross Creek Ranch Malibu, LLC (CCRM), and 2) find the action exempt from the California Environmental Quality Act (CEQA).

Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228
 
7.
Council Items
 
A.
Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2023 League of California Cities Annual Conference

Recommended Action: Designate the City’s voting delegate and alternate voting delegate(s) for the League of California Cities 2023 Annual Conference scheduled for September 20-22, 2023 in Sacramento.

Staff Contact: City Manager McClary, 456-2489, ext. 226

 
B.
Los Angeles County National Oceanic and Atmospheric Administration (NOAA) Climate Resilience Regional Challenge – SUPPORT (Mayor Silverstein)

Recommended Action:  At the request of Mayor Silverstein, authorize the City to partner with Los Angeles County in pursuing the NOAA Climate Resilience Regional Challenge competitive funding opportunity as a co-applicant.

Staff Contact: City Manager McClary, 456-2489, ext. 226

 
Adjournment
Future Meetings
Monday, August 14, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, August 28, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, September 11, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers

Guide to the City Council Proceedings
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 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. 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 person participants may surrender their time by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. 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.