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.    
 

Malibu City Council
Regular Meeting Agenda


Monday, June 24, 2024


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

Zoom Webinar Link:
https://us02web.zoom.us/j/85800479792

 
Six-thirty p.m.          Regular Session
 
Call to Order - Mayor
 
Roll Call - Recording Secretary
 
Pledge of Allegiance
 
Report on Posting of Agenda – June 17, 2024
 
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
1.
Second Reading and Adoption of Ordinance No. 517

Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 517 determining the project is categorically exempt from the California Environmental Quality Act and amending Chapters 15.40, 15.42 and 15.44 of the Malibu Municipal Code.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
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 72667-72784 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. 749 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,400,937.94. City of Malibu payroll check number 5475-5476 and ACH deposits were issued in the amount of $436,918.38.

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

Recommended Action: Approve the minutes for the May 13, 2024 Regular Meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
4.
Municipal Law Enforcement Services Agreement with the County of Los Angeles

Recommended Action: Authorize the Mayor to execute a new Municipal Law Enforcement Services Agreement between the City and the County of Los Angeles for law enforcement services provided by the Los Angeles County Sheriff’s Department from July 1, 2024 through June 30, 2029.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313
5.
Commission Work Assignments for Fiscal Year 2024-25

Recommended Action: Approve work assignments for the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission, and Public Works Commission for Fiscal Year 2024-25.

Staff Contact: City Manager McClary, 456-2489, ext. 226
6.
Acceptance of Bluff’s Park South Walkway Repair Project

Recommended Action: 1) Accept the work performed by Ardalan Construction Company, Inc. for the Bluff’s Park South Walkway Repair Project, Specification No. 2106 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
7.
Amendment to Agreement with American Global Security, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with American Global Security, Inc.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350
8.
Professional Services Agreement with Enhanced Landscape Management LLC

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Enhanced Landscape Management LLC to provide landscape maintenance services through June 30, 2027.

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

 
9.
Direct Review of the City’s Conflict of Interest Code

Recommended Action: Direct the City Manager to have staff review the City’s Conflict of Interest Code per Gov. Code 87306.5. and, if a change is necessary, file the Biennial Notice by October 1, 2024, and submit an amended Conflict of Interest Code to the Council for review before December 30, 2024.

Staff Contact: City Manager McClary, 456-2489, ext. 226
10.
Amendment to Agreement with Move Together LLC

Recommended Action: Approve Amendment No.1 with Move Together LLC to revise the insurance requirements as part of the 2024-28 Road Race Agreement.

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350
4.
Ordinances and Public Hearings
 
A.
Fiscal Year 2024-2025 Wastewater Service Charges

Recommended Action: 1) Conduct the Public Hearing to receive public testimony and consider all protest concerning the adoption of the Engineer’s Report regarding the levy of wastewater services fees through property taxes; and 2) Unless there are protests from majority of the effected property owners, adopt Resolution No. 24-29 approving the Engineer’s Report and collection of wastewater services charges on the county tax roll for Fiscal Year 2024-25.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
B.
Proposed Budget for Fiscal Year 2024-25

Recommended Action: 1) Adopt Resolution No. 24-31 adopting the Annual Budget for Fiscal Year (FY) 2024-25; 2) Adopt Resolution No. 24-32 establishing the Appropriations Limit for FY 2024-25; and 3) Adopt Resolution No. 24-33 approving the FY 2024-25 Authorized Positions, Salary Ranges and Class Specifications.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
C.
Zoning Text Amendment No. 16-005 and Local Coastal Program Amendment No. 16-007 – Amendments to Chapter 12.02 (Wireless Facilities in Public Right-of-Way) and Chapter 17.46 (Wireless Telecommunications Antennas and Facilities) of the Malibu Municipal Code, and Sections 2.2 and 3.16, Chapter 13 and Appendix 1 (Table B Permitted Uses) of the Local Coastal Program Local Implementation Plan to modify regulations, procedures, and application requirements for the installation of wireless communications facilities

Recommended Action: 1) After the City Attorney reads the title, introduce on first reading Ordinance No. 518 determining the proposed code amendments are exempt from the California Environmental Quality Act (CEQA), approving amendments to Malibu Municipal Code Chapter 12.02 (Wireless Facilities in Public Right-of-Way) to modify regulations, procedures, and application requirements for the installation of wireless communications facilities and repealing Ordinance Nos. 477 and 477U;

2) After the City Attorney reads the title, introduce on first reading Ordinance No. 519 determining the proposed code amendments are exempt from the CEQA, approving the California Coastal Commission suggested modifications to Local Coastal Program Amendment (LCPA) No. 16-007, an amendment to the Local Coastal Program (LCP) to modify regulations, procedures, and application requirements for the installation of wireless communications facilities and coronally amendments to Malibu Municipal Code (MMC) Chapter 17.46 (Wireless Telecommunications Antennas and Facilities) and repealing Ordinance No. 484.

3) Direct staff to schedule second reading and adoption of Ordinance Nos. 518 and 519 for the July 8, 2024 Regular City Council meeting;

4) Adopt Resolution No. 24-34 determining the proposed amendments are exempt from the CEQA, adopting Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communication Facilities in the Public Right-of-Way and repealing Resolution No. 20-65;

5) Adopt Resolution No. 24-35 determining the proposed amendments are exempt from the CEQA, adopting Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communication Facilities on Land Other than Public Right-of-Way and repealing Resolution No. 21-17; and

6) Direct staff to submit the LCPA to the California Coastal Commission (CCC) for certification.

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

None.

 
6.
New Business
 
A.
Resolution Establishing Criteria for Declaring a Local Emergency During Periods of High Fire Risk

Recommended Action: Adopt Resolution No. 24-30 establishing criteria for declaring the existence of a local emergency and initiating a program for reducing the risk of fires associated with individuals engaged in unpermitted camping and establishing criteria for when to terminate the local emergency.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313
7.
Council Items

None.

 
Adjournment
Future Meetings
Monday, July 8, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, July 22, 2024 CANCELED    
Monday, August 12, 2024 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.