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 Order N-08-21 and the County of Los Angeles Public Health Officer’s Safer at Home Order (revised August 23, 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.

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


Monday, September 13, 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.
Update on School District Separation
 
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 63942-64100 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. 688 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,803,674.21. City of Malibu payroll check numbers 5184-5187 and ACH deposits were issued in the amount of $449,355.00.

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

 
3.
Approval of Minutes

Recommended Action: Approve the minutes for the February 11, 2021 Malibu City Council Special meeting and the February 24, 2021 Malibu City Council Adjourned Regular Meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228

 
4.
Professional Services Agreement with Azur CART & Captioning

Recommended Action: 1) Authorize the Mayor to execute a three-year Professional Services Agreement with Azur CART & Captioning for remote closed captioning services in an amount not to exceed $80,000.

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

 
5.
Los Angeles County Measure R Transportation Funding Agreement Amendment

Recommended Action: Authorize the Mayor to execute the Measure R Funding Agreement Amendment for the Pacific Coast Highway Signal Synchronization Project.

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

 
6.
Professional Services Agreement with American Guard Services, Inc.

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with American Guard Services, Inc. to provide crossing guard services for Malibu High School, Malibu Elementary School, and City events.

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

 
7.
Acceptance of Civic Center Way Improvements Project

Recommended Action: 1) Accept the work performed by GMZ Engineering Inc. for the Civic Center Way Improvements Project, Specification No. 2060 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

 
8.
Amendment to Agreement with Environmental Science Associates for a Coastal Vulnerability Assessment

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with Environmental Science Associates to allow for a two-year extension of the existing agreement through September 30, 2023.

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

 
9.
License Agreement with Southern California Edison

Recommended Action: Authorize the Interim City Manager to execute a License Agreement between the City and Southern California Edison for the rental of the Michael Landon Center at Malibu Bluffs Park for use as a Community Resource Center in the event of a Public Safety Power Shutoff.

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

 
10.
Agreement with Newbury Park Tree Services INC. for Hazard Tree Removal

Recommended Action: Authorize the Mayor to execute an agreement with Newbury Park Tree Services INC. for hazard tree removal services.

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

 
11.
Amendment to Professional Services Agreement with Managed Career Solutions

Recommended Action: Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers to continue trail clearance and remediation work at Charmlee Wilderness Park.

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

 
4.
Ordinances and Public Hearings
 
A.
Appeal No. 21-002 - Appeal of Planning Commission Resolution No. 21-01 (20272 Inland Lane; Appellant: Hak Wong; Applicant: Johnathen Day; Property Owner: The Jonathan L. Congdon Revocable Trust) (Continued from August 23, 2021)

Recommended Action: Continue the item to the October 11, 2021 Regular City Council meeting.

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

 
B.
Coastal Development Permit No. 17-086, Conditional Use Permit No. 21-001, General Plan Amendment No. 21-001, General Plan Map Amendment No. 17-002, Local Coastal Program Amendment No. 16-006, Zoning Map Amendment No. 17-002, Zoning Text Amendment No. 20-001, Development Agreement No. 21-001, Lot Merger No. 20-002, Demolition Permit No. 20-19, Initial Study No. 21-001, and Mitigated Negative Declaration No. 21-001 – An application for the conversion of an existing office building and gas station into a hotel, including new development (Continued from August 19, 2021)

Recommended Action:  1) Adopt Resolution No. 21-45 for the adoption of Initial Study No. 21-001 and Mitigated Negative Declaration No. 21-001 prepared for the project pursuant to the California Environmental Quality Act and approval of Coastal Development Permit No. 17-086, Conditional Use Permit No. 21-001, Lot Merger No. 20-002, and Demolition Permit No. 20-19 to change the land use designation of the properties from Community Commercial (CC) to Commercial Visitor Serving-2 (CV-2) and a new 26,734 square foot, 39-room hotel, involving the remodel of an existing four-story, 15,392 square foot commercial building and a 9,500 square foot parking level at 22741 Pacific Coast Highway (PCH) and construction of a new two-story, 11,342 square foot addition plus a basement on an adjacent parcel at 22729 PCH, and authorizing the Planning Director to submit a letter of public convenience or necessity for the use. The project includes a restaurant/bar, spa, rooftop deck, swimming pool, new surface parking lot, hardscape, landscaping, grading, retaining wall, lighting, utilities, and an upgrade and expansion of the existing onsite wastewater treatment system and associated lot merger of the two involved in the CC zoning district at 22741 and 22729 Pacific Coast Highway (Grey Granite, LLC; Las Tunas Beach, LLC; and Sea View Terrace, LLC).

2) Adopt Resolution No. 21-46 for approval of General Plan Amendment No. 21-001 and General Plan Map Amendment No. 17-002.
3) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 491 for Local Coastal Program Amendment No. 16-006, Zoning Map Amendment No. 17-002, Zoning Text Amendment No. 20-001, and Development Agreement No. 21-001 to rezone the properties from Community Commercial (CC) to Commercial Visitor Serving-Two (CV-2), a new Sea View Hotel Overlay District with associated development standards, including the proposed floor area ratio of 0.52 for the public benefits provided by the project for the Sea View Hotel Overlay District.

4) Direct staff to schedule second reading and adoption of Ordinance No. 491 for the September 27, 2021 Regular City Council meeting.

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

 
C.
Amend Malibu Municipal Code to Authorize the Implementation of a Parking Management Plan on the west side of Trancas Canyon Road between Pacific Coast Highway and Tapia Drive (Trancas Canyon Road)

Recommended Action: 1) After the City Attorney reads the title, introduce on first reading Ordinance No. 493 determining the project is categorically exempt from the California Environmental Quality Act and amending Section 10.19.020 of Chapter 10.19 (Overnight Parking), Title 10 (Vehicles and Traffic) of the Malibu Municipal Code to prohibit parking on the west side of Trancas Canyon Road between Pacific Coast Highway and Tapia Drive between the hours of 12:00 am and 3:00 am daily; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 493 for the September 27, 2021 Regular City Council meeting.

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

 
5.
Old Business
 
A.
Consideration of the Resumption of In-Person Meetings

Recommended Action: 1) Receive an update on the current State and County public health regulations; and 2) Consider options for the resumption of in-person public meetings, and give direction to staff as needed.

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

 
6.
New Business
 
None.
 
7.
Council Items
 
A.
Designation of Alternate Voting Delegate for the 2021 League of California Cities Annual Conference

Recommended Action: Designate an Alternate Voting Delegate for the League of California Cities 2021 Annual Conference scheduled for September 22-24, 2021 in Sacramento.

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

 
Adjournment
 
Future Meetings
Monday, September 27, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, October 11, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, October 25, 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.  In order to reduce the risk of spreading COVID-19, consistent 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.