Meeting

Please note: The meeting of May 10, 2021 has been adjourned to May 13, 2021
This meeting will be held via teleconference only in order to reduce the risk of spreading COVID-19 and pursuant to the Governor’s Executive Orders N-25-20 and N-29-20 and the County of Los Angeles Public Health Officer’s Safer at Home Order (revised May 5, 2021). All votes taken during this teleconference meeting will be by roll call vote, and the vote will be publicly reported.

HOW TO VIEW THE MEETING: No physical location from which members of the public may observe the meeting and offer public comment will be provided. Please view the meeting, which will be live streamed at
https://malibucity.org/video
and https://malibucity.org/VirtualMeeting.  

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to
citycouncil@malibucity.org before the meeting begins. 

HOW TO PARTICIPATE DURING THE MEETING: Members of the public may also speak during the meeting through the Zoom application. You must first sign up to speak before the item you would like to speak on has been called by the Mayor and then you must be present in the Zoom conference to be recognized. 

Please visit
https://malibucity.org/VirtualMeeting and follow the directions for signing up to speak and downloading the Zoom application.

Amended Malibu City Council
Regular Meeting Agenda
(to be held during COVID-19 emergency)


Monday, May 10, 2021

6:30 PM – REGULAR CITY COUNCIL MEETING
Various Teleconference Locations
YOU MAY VIEW THIS MEETING LIVE OVER THE INTERNET AT
MALIBUCITY.ORG/VIDEO
Six-thirty p.m. Regular Session
 
Call to Order - Mayor
 
Roll Call - Recording Secretary
 
Pledge of Allegiance
 
Approval of Agenda
 
Report on Posting of Agenda
 
1.
Ceremonial/Presentations
 
A.
Moment of Silence in Memory of Carol Moss
 
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 Cotti, 456-2489, ext. 228

 
2.
Approve Warrants

Recommended Action: Allow and approve warrant demand numbers 62893-63026 listed 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. 681 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,564,298.03. City of Malibu payroll check numbers 5163-5164 and ACH deposits were issued in the amount of $218,451.56.

Staff Contact: Assistant City Manager Soghor, 456-2489, ext. 224

 
3.
Santa Monica Mountains Conservancy Grant Application

Recommended Action: Authorize the grant application to the Santa Monica Mountains Conservancy for fire prevention and resiliency projects.

Staff Contact: Public Safety Manager Dueñas, 456-2489, ext. 31
3

 
4.
Amendment to Professional Services Agreements with STLR Corp, dba Ryland School Business Consulting

Recommended Action: Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with STLR Corp, dba Ryland School Business Consulting.

Staff Contact: Assistant to the City Manager Shavelson, 456-2489, ext. 254

 
5.
Employment Agreement for Interim City Manager Services between the City of Malibu and Steven L. McClary

Recommended Action: Approve an employment agreement for Interim City Manager services between the City of Malibu and Steven L. McClary.

Staff Contact: Interim City Attorney Cotti, 456-2489, ext. 228

 
6.
Appeal Nos. 19-004 and 19-003 - Appeals of Planning Commission Resolution Nos. 19-19 and 19-17 (22853 Pacific Coast Highway, Appellant/Property Owner; MB North Lot (DE) LLC and 22878 Pacific Coast Highway, Appellant/Property Owner; Mani MBI (DE), LLC)

Recommended Action: 1) Adopt Resolution No. 21-24, denying Appeal No. 19-003 and denying Coastal Development Permit (CDP) No. 17-092, an application to allow the Malibu Beach Inn to construct a new swimming pool and pool deck with dining service in the location of required parking, remodel and convert approximately 268 square feet of office and storage room into bathroom facilities and an equipment room, and reconfigure the onsite wastewater treatment system, Joint Use Parking Agreement (JUPA) No. 17-001 to allow a portion of the property’s required onsite parking to be located offsite at 22853 Pacific Coast Highway (PCH) (Hertz Rental Car), and Lot Tie (LT) No. 17-001 to hold 22878 PCH and 22853 PCH as one lot located in the Commercial Visitor Serving – 2 (CV-2) zoning district at 22878 PCH (Mani MBI (DE), LLC); and 2) Adopt Resolution No. 21-25, denying Appeal No. 19-004 and denying CDP No. 17-091 which includes JUPA No. 17-001 to allow the Malibu Beach Inn to locate required parking on the Hertz site and LT No. 17-001 to hold 22878 PCH and 22853 PCH as one lot, located in the Community Commercial (CC) zoning district at 22853 PCH (MB North Lot (DE), LLC).

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

 
4.
Ordinances and Public Hearings
 
A.
Cannabis Retailer Storefront Business License and Public Health Permit Ordinance

Recommended Action: 1) Authorize the Mayor to execute an agreement with the County of Los Angeles Department of Public Health for public health and safety inspection and enforcement services of cannabis facilities; 2) After the City Attorney reads the title, introduce on first reading of Ordinance No. 486 adding Sections 5.08.015, 5.55.120, and 5.55.125 to Title 5 (Business Licenses and Regulations) of the Malibu Municipal Code to adopt by reference certain Los Angeles County Code Cannabis Licensing and Public Health Ordinances and finding the same exempt from the California Environmental Quality Act; and 3) Direct staff to schedule second reading and adoption of Ordinance No. 486 for the May 24, 2021 Regular City Council meeting.

Staff Contact: Interim City Attorney Cotti, 456-2489, ext. 228

 
B.
Amendments to the Local Coastal Program and Malibu Municipal Code Allowing Stand-Alone Surface Parking Lots in Commercial Zones as a Conditionally Permitted Commercial Use

Recommended Action: 1) Adopt Ordinance No. 475 determining the project is categorically exempt from the California Environmental Quality Act and approving Local Coastal Program Amendment No. 17-005 and Zoning Text Amendment No. 17-005 to amend the Local Coastal Program and the Malibu Municipal Code to allow stand-alone surface parking lots in the Commercial General, Community Commercial, and Commercial Neighborhood zoning districts as a conditionally permitted commercial use citywide; 2) Direct staff to schedule second reading and adoption of Ordinance No. 475 for the May 24, 2021 Regular City Council meeting; and 3) Adopt Resolution No. 20-58 adopting guidelines and standards for parking lot tree selection and planting in stand-alone surface parking lots and determining the same exempt from the California Environmental Quality Act.

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

 
5.
Old Business
 
None.
 
6.
New Business
 
A.
Point Dume Community Services District

Recommended Action: 1) Discuss recommendations from the Local Agency Formation Commission for the County of Los Angeles regarding the Point Dume Community Services District; and 2) Authorize the Mayor to submit a letter of support for or opposition to the recommendations.

Staff Contact: City Manager Feldman, 456-2489, ext. 226

 
B.
Wastewater and Recycled Water Rates Study and Proposed Revised Rates

Recommended Action: 1) Receive presentation on the 2021 Wastewater and Recycled Water Rates; 2) Authorize the mailing of the Proposition 218 notices to the affected property owners; and 3) Direct staff to schedule a Public Hearing for the June 28, 2021 City Council meeting to establish wastewater and recycled water service charges for Fiscal Year 2021-2022, Fiscal Year 2022-2023, and Fiscal Year 2023-2024.

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

 
7.
Council Items
 
A.
2021-2022 Harry Barovsky Memorial Youth Commission Appointments

Recommended Action: Appoint Commissioners to the 2021-2022 Harry Barovsky Memorial Youth Commission.

Staff Contact: Community Services Director Bobbett, 456-2489, ext. 225

 
B.
Homelessness Ad Hoc Committee

Recommended Action: 1) Discuss the establishment of an Ad Hoc Committee to address issues related to homelessness; and 2) Provide direction to staff.

Staff Contact: Public Safety Manager Dueñas, 456-2489, ext. 313

 
Adjournment
Future Meetings
Monday, May 24, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, June 14, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, June 28, 2021 6:30 p.m. Regular City Council Meeting Location to be determined

Guide to the City Council Proceedings

As a result of the Coronavirus (COVID-19) pandemic, the City is under a state of local emergency, as well as states of emergency that have been declared in the County of Los Angeles, state of California, and a federal emergency declared by the President of the United States.  At the direction of the Governor, starting March 19, 2020, the entire state is subject to stay-at-home orders.  These measures are imposed to reduce the risk of spreading COVID-19. To comply with these emergency measures, the City Council meeting will be open and public but conducted via teleconference only. This way the public, the staff, and the Council will not be physically in the same place.

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 wishing to speak during the meeting must participate through the Zoom application. You must first sign up to speak before the item you would like to speak on has been called by the Mayor and then you must be present in the Zoom conference to be recognized. Please visit https://malibucity.org/VirtualMeeting and follow the directions for signing up to speak and downloading the Zoom application.

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.

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. In order to speak, individuals must visit https://malibucity.org/VirtualMeeting and follow the directions for signing up to speak and downloading the Zoom application.

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, and available upon request by emailing cityclerk@malibucity.org.

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 Alex Montano at (310) 456-2489, ext. 227 or amontano@malibucity.org. Material must be submitted by 12:00 p.m. on the meeting day.