Meeting

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 June 2, 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, June 14, 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
 
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
 
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 63134-63277 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. 683 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,687,457.51. City of Malibu payroll check numbers 5172-5173 and ACH deposits were issued in the amount of $227,991.28.

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

 
3.
Professional Services Agreement with The Malibu Times

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with The Malibu Times for publication of public notices, announcements, and ordinances.

Staff Contact: Acting City Clerk Pettijohn, 456-2489, ext. 252

 
4.
Small Enterprise Agreement with Environmental Systems Research Institute, Inc.

Recommended Action: Authorize the Mayor to execute a Small Enterprise Agreement with Environmental Systems Research Institute, Inc. for geographic information system mapping services.

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

 
5.
Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account Funding and Project List

Recommended Action: Adopt Resolution No. 21-26 approving the Fiscal Year 2021-2022 project list for Senate Bill 1 (Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account funding.

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

 
6.
Amendment to Professional Services Agreement with Compliance Biology, Inc. Biological Consulting Services

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with Compliance Biology, Inc. extending the term of agreement for three additional months to expire on September 30, 2021.

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

 
7.
Community Facilities District No. 2006-1 (Carbon Beach Utility Undergrounding) – Levy of Special Tax for Fiscal Year 2021-2022

Recommended Action: Adopt Resolution No. 21-30 of the City Council of the City of Malibu acting in its capacity as the legislative body of Community Facilities District No. 2006-1 of the City of Malibu (Carbon Beach Utility Undergrounding) authorizing the levy of a special tax for Fiscal Year 2021-2022.

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

 
8.
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

 
9.
Acceptance of Santa Monica Mountains Conservancy Grant

Recommended Action: Authorize the Mayor to enter into a Grant Agreement with the Santa Monica Mountains Conservancy for fire prevention and resiliency projects.

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

 
4.
Ordinances and Public Hearings
 
A.
Assessment District 98-1 (Big Rock Mesa)

Recommended Action: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 21-29 levying an assessment for the maintenance, repair, and improvements works, systems and facilities pertaining to Assessment District 98-1 (Big Rock Mesa) for Fiscal Year 2021-2022.

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

 
B.
Assessment District 98-3 (Malibu Road)

Recommended Action: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 21-28 levying an assessment for the maintenance, repair and improvements works, systems and facilities of Assessment District 98-3 (Malibu Road) for Fiscal Year 2021-2022.

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

 
C.
Appeal No. 21-004 - Appeal of Planning Commission Resolution No. 21-31 (30180 Cuthbert Road; Owner/Appellant: Sheldon Ira and Emily Joan Lodmer; Appellant: Gustavo Spoliansky)

Recommended Action: Adopt Resolution No. 21-31, determining the project is categorically exempt from the California Environmental Quality Act; and denying Appeal No. 21-004 and approving Administrative Plan Review-Woolsey Fire No. 20-045 and Site Plan Review No. 20-076 for an after-the-fact site plan review to allow for construction over 18 feet in height, not to exceed 22 feet and six inches for a pitched roof at the rear portion of the residence for a previously approved 6,752-square foot single-family residence that was destroyed in the November 2018 Woolsey Fire that was approved under Planning Verification-Woolsey Fire No. 19-026 located in the Rural Residential-Two Acre (RR-2) zoning district at 30180 Cuthbert Road (Sheldon Ira and Emily Joan Lodmer).

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

 
D.
Collection of Fees for the Implementation of the California Integrated Waste Management Act within the Malibu Garbage Disposal District

Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 21-27 authorizing collection on the County Tax Roll of a fee from residential and commercial premises for the cost of preparing, adopting and implementing the City’s Source Reduction and Recycling Element and Household Hazardous Waste Element imposed by Resolution No. 03-30.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

 
E.
Ordinance Requiring Wearing of Face Coverings

Recommended Action: 1) After the City Attorney reads the title, introduce on first reading Ordinance No. 487 rescinding Ordinance No. 473 requiring the use of face coverings during the COVID-19 pandemic and finding the same exempt from the California Environmental Quality Act; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 487 for the June 28, 2021 Regular City Council meeting.

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

 
5.
Old Business
 
None.
 
6.
New Business
 
A.
Point Dume Community Services District (Continued from May 10, 2021)

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: Interim City Manager McClary, 456-2489, ext. 226

 
B.
Malibu Farmers Market Parking

Recommended Action: Consider whether to waive temporary use permit application fees for the use of the City’s Sycamore Village property for parking for the weekly Malibu Farmers Market.

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

 
C.
Homelessness Task Force

Recommended Action: 1) Discuss the establishment of a Task Force to address issues related to homelessness; 2) Determine the structure and objectives of the task force if appropriate; and 3) Provide direction to staff.

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

 
D.
Resumption of In-Person City Council and Planning Meetings

Recommended Action: Discuss the current State and County public health regulations and provide direction to staff regarding the resumption of in-person City Council and Planning Commission Meetings.

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

 
E.
Temporary Tow Yard

Recommended Action: 1) Receive a report from staff on efforts to facilitate location of a temporary tow yard to be used during the summer; and 2) Consider whether to waive temporary use permit and/or conditional use permit application fees for the use of the high school parking lot for the site of the temporary tow yard.

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

 
7.
Council Items
 
A.
Approval of a Professional Services Agreement for City Manager Recruitment Services

Recommended Action: It is recommended that the City Council:

1) Consider the recommendation of Mayor Pro Tem Silverstein and Councilmember Pierson relative to the selection of a firm to conduct a recruitment for the vacant City Manager position; and

2) Approve a professional services agreement with William Avery & Associates for Executive Search services.

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

 
B.
2021-2022 State Budget Commitment to Cities (Councilmember Pierson)

Recommended Action: At the request of Councilmember Pierson, authorize the Mayor to send a letter supporting the League of California Cities’ request for a budget commitment of at least $10 billion in the 2021-2022 State Budget to help cities recover from the COVID-19 pandemic, address housing and homelessness, enhance broadband infrastructure, and divert organic waste from landfills.

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

 
Adjournment
 
Future Meetings
Monday, June 28, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, July 12, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, July 26, 2021 CANCELLED    

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].