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. The City requests that you 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
Adjourned Regular Meeting Agenda
(to be held during COVID-19 emergency)


Tuesday, November 2, 2021

6:30 PM –ADJOURNED 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 64270-64385 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. 691 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,918,362.08. City of Malibu payroll check numbers 5192-5193 and ACH deposits were issued in the amount of $229,222.21.

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

 
3.
Approval of Minutes

Recommended Action: Approve the minutes for the March 22, 2021 Malibu City Council Special meeting and the March 22, 2021 Malibu City Council Regular meeting.

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

 
4.
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. 21-61, 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

 
5.
Professional Services Agreement for Printing and Mailing Services of the Quarterly Recreation Guide and City Newsletter

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Southwest Offset Printing Co., Inc. for printing and mailing of the Recreation Guide and City Newsletter.

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

 
6.
Professional Services Agreement for Budgeting Software and Support Services

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Questica Ltd. to provide a comprehensive budgeting software system and ongoing support services.

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

 
7.
Redistricting

Recommended Action: 1) Receive update on the current redistricting processes currently being conducted on the County and State levels; 2) Direct the Mayor to submit a letter to the Citizens Redistricting Commission identifying the Las Virgenes-Malibu Council of Governments cities and the unincorporated area from Topanga to the Ventura County line as a community of interest and requesting that it remain together in one supervisorial district; and 3) Direct the Mayor to submit a letter to the California Redistricting Commission identifying the Las Virgenes-Malibu Council of Governments cities and the unincorporated area from Topanga to the Ventura County line as a community of interest and requesting that it be included in the same district for congressional and state representation.

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

 
8.
Amendment No. 2 to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Address Aviation Noise Generated from Changes Los Angeles International Airport Flight Paths

Recommended Action: Authorize the Mayor to execute a second amendment to the Agreement for Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. and Steven Taber of the firm.

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


 
4.
Ordinances and Public Hearings
 
A.
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) (Continued from October 11, 2021)

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. 20-010 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.

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

 
B.
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: City of Malibu) (Continued from October 11, 2021)

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. 20-011 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 upgraded 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


 
C.
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) (Continued from October 11, 2021)

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 six 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.

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

 
5.
Old Business
 
None.
 
6.
New Business
 
A.
Los Angeles County Measure R and M Transportation Funding Update

Recommended Action: 1) Receive an update on Los Angeles County Measure R and Measure M Transportation Funding; and 2) Provide direction to staff on future projects using Los Angeles County Measure R and Measure M transportation funds.

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

 
7.
Council Items
 
A.
Council Appointment to the Planning Commission

Recommended Action: Councilmember Pierson to make his appointment to the Planning Commission.

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

 
B.
Ban on Outdoor Smoking (Mayor Pro Tem Silverstein and Councilmember Pierson)

Recommended Action: At the request of Mayor Pro Tem Silverstein and Councilmember Pierson, direct staff to bring back an ordinance amending Malibu Municipal Code Chapter 9.34 Smoking Regulations to ban smoking in all outdoor public spaces

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

 
C.
Public Hearings for Coastal Development Permits (CDP) under Senate Bills (SB) 9 and 10 (Mayor Grisanti and Mayor Pro Tem Silverstein)

Recommended Action: At the request of Mayor Grisanti and Mayor Pro Tem Silverstein, direct the City Attorney to bring back an item with a new a City Council policy rejecting the invitation to forego public hearings and to reaffirm the City’s existing process for considering Coastal Development Permits despite the permissibility of easing that process pursuant to Senate Bills 9 and 10.

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

 
Adjournment
 
Future Meetings
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
Monday, December 13, 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. The City requests that you 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.