Meeting

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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 a 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.    
 

Amended1 Malibu City Council
Regular Meeting Agenda

Monday, September 25, 2023


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

Zoom Webinar Link:

https://us02web.zoom.us/j/83455361570
Six-thirty p.m. Regular Session
 
Call to Order - Mayor
 
Roll Call - Recording Secretary
 
Pledge of Allegiance
 
Report on Posting of Agenda
 
Approval of Agenda
 
1.
Ceremonial/Presentations
 
A.
Presentation on First Responder Readiness for Fire Season
B.
City Council Reorganization
1.
Presentations to Outgoing Mayor
2.
Remarks by Outgoing Mayor
3.
Election of Mayor
4.
Election of Mayor Pro Tem
5.
Administration of Oath of Office to Newly Elected Mayor and Mayor Pro Tem
6.
Remarks by Newly Elected Mayor
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
1.
Woolsey Fire Fee Waiver Program

Recommended Action: Adopt Resolution No. 23-40 superseding and replacing Resolution No. 21-62, directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence, and finding the action to be exempt from the California Environmental Quality Act.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
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 70226-70328 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. 732 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,768,413.82. City of Malibu payroll check number 5371-5373 and ACH deposits were issued in the amount of $424,094.13.

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

Recommended Action: Approve the minutes for the November 14, 2022 Malibu City Council Regular meeting, November 28, 2022 Malibu City Council Regular meeting, December 12, 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.
Amendment to Professional Services Agreement with CJ Biomonitoring, LLC for Biological Review Consulting Services

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with CJ Biomonitoring, LLC. extending the term of agreement.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
6.
Professional Services Agreement with Rincon Consultants, Inc.

Recommended Action: Authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. in the amount of $197,493 to prepare the 2021-2029 Housing Element Update as needed to address State requirements.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
7.
Acceptance of Storm Drain Trash Screen Installation Phase II Project

Recommended Action: 1) Accept the work performed by United Storm Water, Inc. for the Storm Drain Trash Screen Installation Phase II Project, Specification No. 2102 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
8.
Professional Services Agreement with Managed Career Solutions

Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers (MCS) for the removal of non-native vegetation and thinning of native vegetation at Legacy Park.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350
9.
Investment Report for the Month Ending August 31, 2023

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

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
10.
Approve Amendment to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Provide for the Drafting and Filing of Comments Seeking to Reduce the Impact of Aviation Noise Generated from Changes to Los Angeles International Airport Flight Paths

Recommended Action: Authorize the City Manager to execute a third amendment to the Agreement for Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. and direct Mr. Taber to prepare and file, in a form approved by the City Attorney and the City Manager, all necessary and appropriate public comment letters and/or related filings regarding the FAA’s ongoing Noise Policy Review, and the Environmental Assessment for the new flight procedures over Malibu that are proposed for the operations of Los Angeles International Airport, in order to reduce the impact of aviation noise on the City’s residents.

Staff Contact: Interim City Attorney Rusin, 456.2489, ext.228
4.
Ordinances and Public Hearings
 
A.
Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner: IBN Properties, LLC) (Continued from September 11, 2023)

Recommended Action: Adopt Resolution No. 23-45 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 20-068 and Demolition Permit (DP) No. 20-028 for the demolition of an existing single-family residence and construction of a new 6,284 square foot single-family residence, 986 square foot basement, 510 square foot attached garage, 462 square foot detached garage, 471 square foot detached second unit, swimming pool, two spas, onsite wastewater treatment system (OWTS) and associated development; including Site Plan Review (SPR) No. 21-009 for construction up to 24 feet in height for a flat roof, located in the Rural Residential, One-Acre (RR-1) zoning district at 6734 Zumirez Drive (IBN Properties, LLC).

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
B
Appeal No. 23-007 - Appeal of the Planning Director’s denial of Temporary Use Permit No. 23-004 for the Malibu Triathlon (Location: Zuma Beach, 30050 Pacific Coast Highway, APN 4469-027-901, Owner: Los Angeles County, Applicant/Appellant: Super League Triathlon)

Recommended Action: Adopt Resolution No. 23-46, denying Appeal No. 23-007, and denying Temporary Use Permit No. 23-004 for the Malibu Triathlon in the Public Open Space (OS) zoning district at 30050 Pacific Coast Highway (Los Angeles County).

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
5.
Old Business

 
None.
6.
New Business
 
A.
Outdoor Warning Sirens System (Continued from September 11, 2023)

Recommended Action: 1) Receive a presentation on outdoor warning sirens; and 2) Provide directions to staff regarding the implementation of an outdoor warning system.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
B.
Code Enforcement Ad Hoc Committee (Continued from September 11, 2023)

Recommended Action: 1) Consider forming a Code Enforcement Ad Hoc Committee, and 2) Direct the Code Enforcement Ad Hoc Committee to work with the City Manager and City Attorney to review the City’s code enforcement fines and penalties and provide recommendations back to
City Council.

Staff Contact: City Manager McClary, 456-2489, ext. 226
7.
Council Items
 
A.
Council Appointment to the Planning Commission

Recommended Action: Councilmember Stewart may make a new appointment to the Planning Commission.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
Adjournment
Future Meetings
Monday, October 9, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, October 23, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, November 13, 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.