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. 

Amended Malibu City Council
Regular Meeting Agenda


Monday, August 28, 2023

5:30 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road


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

Zoom Webinar Link:

https://us02web.zoom.us/j/83753956195
Six 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(d)(1). 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 - 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
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: (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
 
None.
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 69935-70136 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. 730 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,622,336.86. City of Malibu payroll check number 5366-5367 and ACH deposits were issued in the amount of $444,080.54.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
3.
Approval of Minutes

Recommended Action: Approve the minutes for the August 8, 2022 Malibu City Council Regular meeting, August 22, 2022 Malibu City Council Regular meeting, and September 27, 2022 Malibu City Council Regular 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.
Professional Services Agreement with Kimley Horn and Associates, Inc. for Malibu Canyon Road Traffic Safety Study

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Kimley Horn and Associates Inc., for engineering services for the Malibu Canyon Road Traffic Safety Study in an amount of $99,735.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339

 
6.
Malibu Poet Laureate Appointment

Recommended Action: At the recommendation of the Malibu Arts Commission, approve the nomination of Nathan Hassall to serve a two-year term as the Malibu Poet Laureate beginning September 1, 2023.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350
7.
Professional Services Agreement with California Skateparks

Recommended Action: Authorize the Mayor to execute a sole source Professional Services Agreement with California Skateparks related to repairs of the Temporary Skate Park.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350
8.
Amend the Salary Ranges for FY 2023-24

Recommended Action: Adopt Resolution No. 23-38 amending the Salary Ranges for FY 2023-24.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
9.
Resolution Extending the Declaration of the COVID-19 Local Emergency

Recommended Action: Adopt Resolution No. 23-39 extending the declaration of the existence of a local emergency.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
10.
Investment Report for the Month Ending July 31, 2023

Recommended Action: Receive the Investment Report for the month ending July 31, 2023.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
11.
Resolution Ratifying the Director of Emergency Services’ Proclamation of Existence of a Local Emergency – Tropical Storm Hilary

Recommended Action:  Adopt Resolution No. 23-42 ratifying the proclamation of existence of a local emergency by the Director of Emergency Services.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
 
4.
Ordinances and Public Hearings
 
A.
Update Regarding Zoning Map Amendment No. 17-002 and Zoning Text Amendment No. 20-001 (Sea View Hotel Project)

Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 509, an ordinance of the City of Malibu amending Zoning Map Amendment (ZMA) No. 17-002 and Zoning Text Amendment (ZTA) No. 20-001 to effectuate previous amendments made to Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 to rezone and change the land use designation of the properties located at 22741 and 22729 Pacific Coast Highway from Community Commercial (CC) to Commercial Visitor Serving-2 (CV-2), a new Seaview Hotel Overlay District with associated development standards, including a proposed floor area ratio of 0.52 for the public benefits provided by the project (the amendments to the ZMA and ZTA are corollary to LCPA and will not be effective until the LCPA is certified by the CCC), and finding the action to require no further environmental review and/or to be exempt from such review under the California Environmental Quality Act (CEQA); and 2) Direct staff to schedule a second reading and adoption of Ordinance No. 509 for the September 11, 2023 Regular City Council meeting.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
B.
An amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) and the Local Coastal Program (LCP) to Update Regulations Related to Accessory Dwelling Units (ADUs)

Recommended Action: Continue this item to the September 11, 2023 Regular City Council meeting.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
5.
Old Business
 
None.
6.
New Business
 
A.
Comprehensive Development Services Review Report

Recommended Action: Receive and file the Comprehensive Development Services Review Report.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
B.
Road Race Request for Proposals

Recommended Action: At the recommendation of the Road Race Ad Hoc Committee, open a Request for Proposals for the two allowable Road Race Temporary Use Permits.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350
7.
Council Items
 
None.
Adjournment
Future Meetings
Monday, September 11, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, September 25, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, October 9, 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 the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.