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 December 16, 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.

 

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


Monday, January 10, 2022

5:30 P.M. - CLOSED SESSION
Various Teleconference Locations

6:30 PM – REGULAR CITY COUNCIL MEETING
Various Teleconference Locations
YOU MAY VIEW THIS MEETING LIVE OVER THE INTERNET AT
MALIBUCITY.ORG/VIDEO
Five-Thirty p.m. Convene for Purpose of Closed Session
 
Call to Order - Mayor
 
Public Comment on Closed Session Items
 
Recess to Closed Session
This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.9(d)(2). Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.
 
Conference with Legal Counsel
1.  SIGNIFICANT EXPOSURE TO LITIGATION, pursuant to Government Code section 54956.9(d)(2) - One (1) potential case.
 
Six-thirty p.m. Regular Session
 
Call to Order - Mayor
 
Roll Call - Recording Secretary
 
Pledge of Allegiance
 
Closed Session Report
 
Approval of Agenda
 
Report on Posting of Agenda
 
1.
Ceremonial/Presentations
A.
Community Vision for Malibu Unified School District
 
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
 
1.
Second Reading and Adoption of Ordinance No. 496

Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 496, adopting Zoning Text Amendment No. 21-003 amending Malibu Municipal Code Chapter 17.41 (Malibu Dark Sky) to extend the compliance periods for development within the commercial, residential, and institutional zoning districts to October 15, 2022 and finding the action exempt from the California Environmental Quality Act.

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

 
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 64749-64948 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. 695 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $3,630,626.59. City of Malibu payroll check numbers 5198-5204 and ACH deposits were issued in the amount of $451,030.85.

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

 
3.
Approval of Minutes

Recommended Action: Approve the minutes for the May 13, 2021 Malibu City Council Regular meeting, and the May 19, 2021 Malibu City Council Special 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: Consider a motion to reaffirm Resolution No. 21-64, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.

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

 
5.
Amendment to Professional Services Agreement with 4Leaf, Inc. for Expedited Woolsey Fire Consulting Services

Recommended Action: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with 4Leaf, Inc. for Woolsey Fire expedited consultant services.

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

 
6.
Professional Services Agreement with Managed Career Solutions for the removal of non-native vegetation at the Trancas Open Space

Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers (MCS) for the removal of non-native vegetation at the Trancas Open Space.

Staff Contact: Community Services Deputy Director Riesgo, 456-2489, ext. 350

 
7.
Standard Agreement with the Department of California Highway Patrol

Recommended Action: Authorize the Mayor to execute the Standard Agreement with the Department of California Highway Patrol (CHP) for traffic control services in an amount not to exceed $250,000.

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

 
8.
Resolution Authorizing the Acceptance of a State Department of Forestry and Fire Protection (CAL FIRE) Grant

Recommended Action: Adopt Resolution No. 22-01 authorizing the acceptance of the CAL FIRE Wildfire Prevention and Education grant and appointing the City Manager or his/her designee the authority to take actions pursuant to the program.

Staff Contact: Fire Safety Liaison Brossard, 456-2489, ext. 387

 
9.
Professional Services Agreement with Lance, Soll & Lunghard, LLP

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Lance, Soll & Lunghard LLP (LSL) for financial auditing services, extending the Term of Agreement to March 23, 2024.

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

 
10.
Amendment No. 1 to Professional Services Agreement with Granicus LLC

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Granicus LLC for short-term rental administration.

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

 
11.
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. 22-03 (Attachment 1) upholding Appeal No. 21-006 and denying 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, 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

 
12.
Termination of the State of a Local Emergency

Recommended Action: Adopt Resolution No. 22-02 terminating the state of local emergency declared as a result of the risk of fires associated with individuals living unhoused and otherwise engaged in unpermitted and unregulated camping.

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

 
4.
Ordinances and Public Hearings
 
A.
General Plan Amendment No. 20-001 – Amendment to the Malibu General Plan for the 2021-2029 Housing Element Update

Recommended Action: 1) Conduct a public hearing on the Revised Draft 2021-2029 Housing Element Update; and 2) Adopt Resolution No. 22-67 determining the project exempt from the California Environmental Quality Act (CEQA) and approving General Plan Amendment No. 20-001 adopting the Revised Draft 2021-2029 Housing Element Update.

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

 
B.
Appeal No. 21-019 – Appeal of Planning Commission Resolution No. 21-68 (6980 Dume Drive; Neighbor/Appellant, John Roesler, MD) (Continued from December 13, 2021)

Recommended Action: Continue this item to the February 14, 2022 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

 
B.
Status Update on Temporary Restaurant Recovery Program and Temporary Signage Permitted Under Urgency Ordinances

Recommended Action: Receive and file status update on Temporary Restaurant Recovery Program and temporary signage permitted under urgency ordinances.

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

 
6.
New Business
 
A.
Fiscal Year 2021-2022 Capital Improvement Plan Update

Recommended Action: Receive and file an update on the Fiscal Year 2021-2022 Capital Improvement Plan.

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

 
7.
Council Items

 
None.
 
Adjournment
 
Future Meetings
Monday, January 24, 2022 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, February 14, 2022 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, February 28, 2022 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, March 14, 2022 6:30 p.m. Regular City Council Meeting Location to be detemined

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.