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.    
 

Amended1 Malibu City Council
Regular Meeting Agenda


Monday, March 24, 2025


4:00 P.M. – CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road


5:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road

Zoom Webinar Link:
https://us02web.zoom.us/j/89117387217

 
Four p.m. Convene for Purpose of Closed Session
 
Call to Order – Mayor (Council Chambers)
 
Public Comment on Closed Session Items
 
Recess to Closed Session (to be held in the Westward Room)
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, and 54957. 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 Government Code section 54956.9
Number of potential cases: (2)
Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):
1.
Fernandez v. City of Malibu et al., LASC Case No. 24STCV30411
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
Personnel Matters pursuant to Government Code Section 54957:
1.
Public Employee Appointment
Title: City Manager/Interim City Manager
Five-thirty p.m.          Regular Session
 
Call to Order - Mayor
 
Roll Call - Recording Secretary
 
Pledge of Allegiance
 
Closed Session Report
 
Report on Posting of Agenda – March 14, 2025; Amended Agenda posted March 21, 2025
 
Approval of Agenda
 
1.
Consent Calendar
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. 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. Members of the public may comment on the consent calendar as a whole. After public comment, the Council may remove items from the Consent Calendar for individual consideration before adopting the 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 74973-75084 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. 764 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,189,430.87. City of Malibu payroll check number 5500 and ACH deposits were issued in the amount of $ 686,930.44.

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

Recommended Action: Approve the minutes for the December 16, 2024 Special Meeting, December 18, 2024 Special Meeting, and January 14, 2025 Special Meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
4.
Professional Services Agreements for the Pacific Coast Highway Quick Build Roundabouts Project

Recommended Action: 1) Add the Pacific Coast Highway (PCH) Quick Build Roundabouts Project to the City’s Capital Improvement Program (CIP) for Fiscal Year (FY) 2024-25; and 2) Amend the adopted budget for FY 2024-25 to include Measure M Subregional Highway funding in the amount of $2,000,000; and 3) Authorize the Mayor to execute a Professional Services Agreements with Kimley-Horn in the amount not to exceed $279,376 for engineering design services for the PCH Quick Build Roundabouts Project.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
5.
Professional Services Agreement with Granicus LLC

Recommended Action: Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with Granicus LLC for short-term rental administration.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224
6.
Termination of the State of a Local Emergency

Recommended Action: Adopt Resolution No. 25-12 terminating the state of local emergency declared as a result of the risk of fires associated with individuals engaged in unpermitted camping.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
7.
Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH)

Recommended Action: Adopt Resolution No. 25-13 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with Pacific Coast Highway in the City.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
8.
Resolution Extending the Declaration of the Existence of a Local Emergency Regarding the Franklin Fire

Recommended Action: Adopt Resolution No. 25-14, extending the declaration of the existence of a local emergency in response to the Franklin Fire.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
9.
Fiscal Year 2023-24 Fourth Quarter Financial Report

Recommended Action: Receive and file the Fiscal Year (FY) 2023-24 Fourth Quarter Financial Report.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224
10.
Fiscal Year 2024-25 First Quarter Financial Report

Recommended Action: Receive and file the Fiscal Year (FY) 2024-25 First Quarter Financial Report.

Staff Contact: Acting City Manager Toney, 456-2489, ext. 224
11.
Professional Services Agreement with Peckham & McKenney for Executive Recruitment Services for the City Manager Position

Recommended Action: Authorize the Mayor or City Manager to execute a Professional Services Agreement with Peckham & McKenney in the amount not to exceed $30,000 for executive recruitment services for the City Manager position.

Staff Contact: Interim City Attorney Rusin, 456-2489, ext. 228
2.
Ceremonial/Presentations
 
3.
Commission / Committee / City Manager Updates
 
4.
Written and Oral Communications from the Public (Subsequent items to be heard after 6:30 p.m.)
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.
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.
City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
5.
Ordinances and Public Hearings
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.
A.
Appeal No. 23-003 - Appeal of Planning Commission Resolution No. 23-03 (31864 West Sea Level Drive; Owners, Narod Najarian and Garo Bedrossian; Appellants, Elizabeth and Glenn Lynch and Patt Healy)

Recommended Action: Consider whether to uphold or deny Appeal No. 23-003 (Exhibit A) related to Coastal Development Permit (CDP) No. 05-081 for the construction of a new 1,799 square foot, two-story single-family residence plus a 398 square foot attached garage and 995 square foot basement, 240 square foot ground floor deck, 349 square foot second-floor deck, 125 square foot second-floor balcony, permeable driveway and onsite wastewater treatment system (OWTS); including Variance (VAR) No. 09-023 for construction in a stream Environmentally Sensitive Habitat Area (ESHA) buffer, VAR No. 16-024 to allow for the septic system’s dispersal field to extend into the required 100-foot setback from the creek, and Site Plan Review (SPR) No. 06-032 for height over 18 feet but not to exceed 26 feet, 2 inches for a pitched roof, in the Single-Family Medium Density (SFM) zoning district located at 31864 West Sea Level Drive and provide direction to staff to bring back a resolution consistent with the City Council’s decision (Najarian and Bedrossian).

Staff Contact: Interim Planning Director, 456-2489, ext. 346
6.
Old Business
Old Business items have appeared on previous agendas with no final action having been taken.
 
Fire Recovery Work Session Agendas

Recommended Action: Provide direction to staff on which topics should be scheduled for upcoming Fire Recovery Work Sessions.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
7.
New Business
New Business items are appearing for the first time for formal action.

None.
8.
Council Items
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.
 
A.
Council Appointment to the Planning Commission

Recommended Action: Councilmember Silverstein to make an appointment to the Planning Commission.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
Adjournment
Future Meetings
Monday, April 14, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, April 23, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers
Monday, April 28, 2025 5:30 p.m. Regular City Council Meeting City Hall Council Chambers

Guide to the City Council Proceedings
Public Communications: 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 in-person 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.

On specific agenda items Councilmembers may question any person addressing the City Council at the conclusion of all public testimony on that agenda item before the Council. Councilmembers shall not engage any member of the public in a dialogue with themselves other Councilmembers, city staff or other members of the public.

Role of the Presiding Officer: The presiding officer of the City Council, who shall be the Mayor, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the presiding officer to ensure that these rules of procedure and decorum are followed at all times. The presiding officer shall maintain control of communication between Councilmembers, between the Council and the public, and chair each meeting in a fair and impartial manner. It shall be the duty of each Councilmember to support the presiding officer in maintaining the order and decorum of Council meetings.

Members of the Audience: Members of the audience shall not engage in disorderly or boisterous conduct, including clapping, whistling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise disturb the orderly conduct of the City Council meeting. Persons addressing the City Council shall not engage in disorderly conduct which disrupts, or otherwise impedes the orderly conduct or Council meetings. Any person who so disrupts a Council meeting may, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from that meeting.

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.