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 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.    
 

Amended Malibu City Council
Regular Meeting Agenda


Monday, December 11, 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. – CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
23825 Stuart Ranch Road

Zoom Webinar Link:
https://us02web.zoom.us/j/84396828195

 
Five-thirty p.m. Convene for Purpose of Closed Session
 
Call to Order - Mayor (Council Chambers)
 
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 54956.8 and 54956.9. 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 Real Property Negotiator Pursuant to Government Code Section 54956.8
1.
1. Properties:      APN 4453-005-013
                            APN 4453-005-018
                            APN 4453-005-111
                            APN 4453-005-114
                            APN 4453-005-117
                            APN 4453-005-118
                            APN 4459-004-001
                            APN 4459-004-004
                            APN 4459-005-003
                            APN 4459-005-013
                            APN 4459-005-001
Agency Negotiators: Councilmember Marianne Riggins and Mayor Pro Tem Doug Stewart
Negotiating Parties: EQ Property Holdings LLLP
Under Negotiation: Price and terms of payment

Conference with Legal Counsel - Existing litigation pursuant to Government Code Section 54956.9(d)(1):
 
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 - December 1, 2023
Approval of Agenda
1.
Ceremonial/Presentations
 
A.
Proclamation Declaring December 13, 2023 Dick Van Dyke Day
B.
Presentation of City Tile to Jeff Jennings for his service on the Planning Commission
4.
Ordinances and Public Hearings
 
A.
An amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) and the Local Coastal Program to Update Regulations Related to Accessory Dwelling Units (Continued from November 27, 2023)

Recommended Action: 1) Adopt Resolution No. 23-43 approving LCP Amendment (LCPA) No. 18-002, amendments to Chapter 3 (Marine and Land Resources) and Chapter 5 (New Development) of the Local Coastal Program (LCP) Land Use Plan pertaining to accessory dwelling units (ADU), and finding the amendments exempt from the California Environmental Quality Act (CEQA); 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 510, approving LCPA No. 18-002, an amendment to the LCP to update ADU regulations, and Zoning Text Amendment (ZTA) No. 18-004, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes and changing the term second units to accessory dwelling units (ADUs), and finding the amendments exempt from CEQA; 3) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 511, approving ZTA No. 18-004 an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and finding the amendments exempt from CEQA; 4) Direct staff to schedule second reading and adoption of Ordinance No. 510 and Ordinance No. 511 for the January 8, 2023 City Council Regular meeting.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
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 70944-70990 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. 737 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $333,863.08. City of Malibu payroll check number 5392-5393 and ACH deposits were issued in the amount of $583,397.20.

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

Recommended Action: Approve the minutes for the April 24, 2023 Malibu City Council Regular meeting, April 26, 2023 Malibu City Council Special meeting, and May 8, 2023 Malibu City Council Regular meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
4.
Investment Report for the Month Ending October 31, 2023

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

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
4.
Ordinances and Public Hearings (Continued)
 
B.
Code Amendment to Extend Deadlines for Nonconforming In-kind Disaster Rebuild Projects

Recommended Action: 1) Adopt Ordinance No. 513 adopting Zoning Text Amendment (ZTA) No. 23-003 to amend Malibu Municipal Code (MMC) Section 17.60.020(C) to add three years to the deadline to initiate the planning application process and obtain building permits to rebuild a nonconforming structure that was damaged or destroyed in the Woolsey Fire and finding the action exempt for from the California Environmental Quality Act (CEQA); and 2) Direct staff to schedule a public hearing, second reading of the ordinance, and adoption Ordinance No. 513 on the January 8, 2024 Regular City Council meeting.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
C.
An Amendment to Title 17 (Zoning) of the Malibu Municipal Code to Update Regulations Related to Temporary Use Permits

Recommended Action: Continue the item to the January 8, 2024 Regular City Council Meeting.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
5.
Old Business
 
None.
6.
New Business
 
A.
Strategic Plan Project Update

Recommended Action: Receive and file a progress report on the Strategic Plan Projects.

Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300
B.
Reorganization of City Council Agenda Format for Regular City Council Meetings

Recommended Action: Adopt Resolution No. 23-53 superseding and replacing Resolution No. 99-007 and Section 1 (VI)(A) of Resolution No. 98-083 to establish the start time and format for Regular City Council Meetings.

Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300
C.
Road Race Agreement

Recommended Action: At the recommendation of the Road Race Ad Hoc Committee, approve the Agreements with Malibu Race Series LLC and Zuma Foundation Inc. for the two allowable Road Race Temporary Use Permits.

Staff Contact: Community Services Director Riesgo, ext. 350
7.
Council Items
 
None.
Adjournment
Future Meetings
Monday, January 8, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, January 22, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, February 12, 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.