Meeting

This meeting will be held via teleconference only in order to reduce the risk of spreading COVID-19 and pursuant to AB 361 and the County of Los Angeles Public Health Officer’s Order (revised September 28, 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 [email protected] 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, October 11, 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.
Blue City Certification Presentation
 
B.
Environmental Programs Update
 
C.
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 64187-64269 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. 690 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $4,392,249.47.  City of Malibu payroll check numbers 5190-5191 and ACH deposits were issued in the amount of $222,459.41.

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

Recommended Action: Approve the minutes for the March 8, 2021 Malibu City Council Regular meeting and the March 10, 2021 Malibu City Council Special meeting.

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

 
4.
Amendment to Agreement with Environmental Science Associates for a Coastal Vulnerability Assessment (Continued from September 13, 2021)

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. 224
 
5.
Award Civic Center Stormwater Diversion Structure Project

Recommended Action:  1) Approve the award and authorize the Mayor to execute a construction contract with Burns Pacific Construction Inc. in the amount of $91,456 for the Civic Center Stormwater Diversion Structure Project, Specification No. 2057; and 2) Authorize the Public Works Director to approve any potential change orders up to 20% of the contract amount.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
6.
Amendment to Agreement for Annual Routine Street Maintenance Services

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with Burns Pacific Construction, Inc. for annual routine street maintenance services extending the term of the Agreement for an additional three years.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
 
7.
Jake Kuredjian Citizenship Award

Recommended Action: At the recommendation of the Parks and Recreation Commission, approve the nomination of Sandy Banducci and Rob LeMond as the recipients of the 2021 Jake Kuredjian Citizenship Award.

Staff Contact: Community Services Director Bobbett, 456-2489, ext. 225
 
8.
Appeal No. 21-007 – Appeal of Planning Commission Resolution No. 21-46 (24266 Malibu Road; Owner/Appellant, Malibu Road #3, LLC/Lester Tobias) (Continued from September 27, 2021)

Recommended Action: Adopt Resolution No. 21-44, determining the project is categorically exempt from the California Environmental Quality Act; and denying Appeal No. 21-007 and approving Coastal Development Permit No. 16-066 to allow for the construction of a new 4,722 square foot, two-story, beachfront single-family residence with an attached two-car garage, swimming pool, spa, decks, seawall, 18-foot wide view corridor and fencing, and onsite wastewater treatment system, including Variance No. 16-066 for construction on steep slopes, Demolition Permit No. 21-009 for the removal of wood retaining walls, and  Offer-to-Dedicate No. 21-003 for public lateral access on the beach located in the Single-Family Medium zoning district at 24266 Malibu Road (Malibu Road #3, LLC).

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
 
9.
Professional Services Agreements for Contract Planning Services

Recommended Action: 1) Authorize the Mayor to execute a two-year professional services agreement with Joyce Parker-Bozylinski for contract planning services; 2) Authorize the Mayor to execute a two-year professional services agreement with Civic Solutions, Inc. for contract planning services; and 3) Authorize the Mayor to execute a two-year professional services agreement with JLee Engineering, Inc. for contract planning services.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
 
10.
Amendments to Professional Services Agreements for School District Separation Consultant Services

Recommended Action: 1) Authorize the Mayor to execute Amendment No. 5 to the Professional Services Agreement with STLR Corp, dba Ryland School Business Consulting; and 2) Authorize the Mayor to execute Amendment No. 5 to the Professional Services Agreement with Kirk-Carter and Associates.

Staff Contact: Assistant to the City Manager Shavelson, 456-2489, ext. 254
 
11.
Resolution Extending the Declaration of the Existence of a Local Emergency and Continuing a Program for Reducing the Risk of Fires Associated with Individuals Living Unhoused and Otherwise Engaged in Unpermitted and Unregulated Camping

Recommended Action: Adopt Resolution No. 21-56 extending the declaration of the existence of a local emergency and continuing a program for reducing the risk of fires associated with individuals living unhoused and otherwise engaged in unpermitted and unregulated camping.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
 
12.
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361

Recommended Action: It is recommended that the City Council adopt Resolution No. 21-60 making findings and determinations under AB 361 for the continuation of virtual meetings and authorizing virtual City Council, Commission, Board, and other City meetings pursuant to AB 361.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
 
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 September 13, 2021)

Recommended Action:  Adopt Resolution No. 21-48, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal No. 21-002 and approving Coastal Development Permit No. 19-001 for the construction of a new 4,838 square foot, two-story single-family residence, including a 602 square foot attached two-car garage with storage, plus a detached 192 square foot cabana, hardscape, grading, drainage, and installation of a new onsite wastewater treatment system; including Variance No. 19-001 from the City’s geotechnical standards for factor of safety, Site Plan Review No. 19-001 for the roof height in excess of 18 feet, up to 24 feet for a flat roof, and Minor Modification No. 19-001 for the reduction of the required side yard setback, located in the Single-Family Low Density (SFL) zoning district at 20272 Inland Lane.

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

 
B.
Appeal No. 21-009 - Appeal of Planning Commission Resolution No. 21-48 (31557.5 Pacific Coast Highway; Appellant: Lonnie Gordon; Applicant: Zacharia Ghanem of Motive on behalf of Verizon Wireless; Property Owner: California Department of Transportation)

Recommended Action:  Adopt Resolution No. 21-57, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal No. 21-009 and approving Coastal Development Permit No. 20-028 and Wireless Communications Facility No. 21-010 for Verizon Wireless to install two replacement wireless communications antennas at a height of 34 feet, 9 inches and electrical support equipment mounted on a replacement wooden utility pole, including Variance No. 20-017 to permit an upgrade to an existing wireless communications facility mounted over 28 feet in height and Site Plan Review No. 20-041 to install and operate a wireless communications facility within the public right-of-way located at 31557.5 Pacific Coast Highway (PCH).

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
 
C.
Appeal No. 21-014 - Appeal of Planning Commission Resolution No. 21-49 (6213.5 Kanan Dume Road; Appellant: Lonnie Gordon; Applicant: Zacharia Ghanem of Motive on behalf of Verizon Wireless; Property Owner: California Department of Transportation.)

Recommended Action:  Adopt Resolution No. 21-58, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal No. 21-014 and approving Coastal Development Permit No. 20-029 and Wireless Communications Facility No. 21-011 for Verizon Wireless to install two replacement wireless communications antennas at a height of 34 feet, 9 inches and electrical support equipment mounted on a replacement wooden utility pole, including Variance No. 20-018 to permit an upgrade to an existing wireless communications facility mounted over 28 feet in height and Site Plan Review No. 20-040 to install and operate a wireless communications facility within the public right-of-way located at 6213.5 Kanan Dume Road.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346
 
D.
Appeal No. 21-006 - Appeal of Planning Commission Resolution No. 21-37 (22967.5 Pacific Coast Highway; Appellant: Steven Hakim; Applicant: Rob Searcy of Fulsang Architecture on behalf of Verizon Wireless; Property Owner: California Department of Transportation)

Recommended Action:  Adopt Resolution No. 21-59, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal No. 21-006 and approving Coastal Development Permit No. 20-043 and Wireless Communications Facility No. 20-022 for Verizon Wireless to install an omnidirectional canister antenna on top of a replacement streetlight pole reaching a maximum height of 34 feet, 9 inches and electrical support equipment three feet west of the originally approved location in Planning Commission Resolution No. 21-37, including Variance No. 20-028 to permit a streetlight pole over 28 feet in height and Site Plan Review No. 20-059 to install and operate a wireless communications facility within the public right-of-way located at 22967.5 Pacific Coast Highway (PCH).

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
 
None.
 
Adjournment
 
Future Meetings
Monday, October 25, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, November 8, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, November 22, 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, the City Council meeting will be open and public but conducted virtually because meeting in person would present imminent risks to the health or safety of attendees. 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 [email protected].

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 [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.