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 September 4, 2020). 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
Adjourned Regular Meeting Agenda
(to be held during COVID-19 emergency)


Tuesday, September 29, 2020

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.
1.A. Introduction to Gabriel Graham, Las Virgenes-Malibu Council of Governments Homeless Outreach Coordinator
 
B.
1.B. Staff Update on National Preparedness Month and Fire Season Preparations
 
2.
Written and Oral Communications from the Public
 
A.
2.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.
2.B. Commission / Committee / City Manager Updates
 
C.
2.C. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
 
3.
Consent Calendar
 
A.
Previously Discussed Items
 
1.
3.A.1. Second Reading and Adoption of Ordinance No. 468

Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 468 Conduct second reading, unless waived, and adopt Ordinance No. 468 amending Title 17 (Zoning) of the Malibu Municipal Code and adding Chapter 17.55 (Short-term Rental Ordinance) to establish provisions to regulate short-term rental of property citywide, updating Chapter 15.44 pertaining to onsite wastewater treatment systems and short-term rentals and finding the action exempt from the California Environmental Quality Act.

Staff Contact: City Clerk Glaser, 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: City Attorney Hogin, 456-2489, ext. 228

 
2.
3.B.2. Approve Warrants

Recommended Action: Allow and approve warrant demand 61339-61392 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. 667 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $666,781.89. City of Malibu payroll check number 5122-5126 and ACH deposits were issued in the amount of $218,275.94.

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

 
3.
3.B.3. Approval of Minutes

Recommended Action: Approve the minutes for the August 24, 2020 Malibu City Council Regular meeting.

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

 
4.
3.B.4. Response to the Los Angeles County Grand Jury’s Report Entitled “A Diet for Landfills: Cutting Down on Food Waste”

Recommended Action: Authorize the Mayor to sign the City of Malibu’s response letter to the Los Angeles County Grand Jury’s report entitled “A Diet for Landfills: Cutting Down on Food Waste.”

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 225

 
5.
3.B.5. Amendment to Professional Services Agreement with The People Concern for Housing Navigation Services

Recommended Action: Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with The People Concern for Housing Navigation Services.

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

 
6.
3.B.6. Amendment to Professional Services Agreement for Wireless Permit Application Reviews

Recommended Action: Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Telecom Law Firm PC (Consultant) for expert technical and regulatory consultation, advice and other assistance with wireless permit application reviews.

Staff Contact: Planning Director Blue, 456-2489, ext. 258

 
7.
3.B.7. Operation Agreement with Caltrans

Recommended Action: Authorize the City Manager to execute an Operation Agreement with Caltrans for the operation of electrical transfer switches to supply temporary power to the traffic signals on Pacific Coast Highway.

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

 
8.
3.B.8. Amendment to Agreement for Annual Street Sweeping Services

Recommended Action: Authorize the City Manager to execute Amendment No. 1 to Agreement with Venco Power Sweeping, Inc. for street sweeping services under the City’s Annual Street Sweeping Program.

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

 
9.
3.B.9. Master Use Agreement with Santa Monica-Malibu Unified School District

Recommended Action: Authorize the City Manager to execute a two-year Master Facility Use Agreement with the Santa Monica-Malibu Unified School District through September 30, 2022.

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

 
10.
3.B.10. Initiate Zoning Text Amendment to Extend Deadlines for Nonconforming In-kind Disaster Rebuild Projects

Recommended Action: 1) Adopt Resolution No. 20-52 initiating a zoning text amendment to Chapter 17.60 (Nonconforming Uses and Structures) of the Malibu Municipal Code to add one year to the deadlines in subsection (C) to initiate the application process and obtain building permits to rebuild a legal nonconforming structure that was damaged or destroyed pursuant to a planning verification; and 2) Direct the Planning Commission to schedule a public hearing regarding the same.

Staff Contact: Planning Director Blue, 456-2489, ext. 258

 
11
3.B.11. Electing to Become Subject to the Uniform Public Construction Cost Accounting Act

Recommended Action: Adopt Resolution No. 20-53 electing to become subject to the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 et seq.).

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

 
4.
Ordinances and Public Hearings
 
None.
5.
Old Business
 
None.
6.
New Business
 
A.
6.A. Advocacy Action Plan Options to Address Proliferation of Wireless Telecommunications Facilities

Recommended Action: Consider whether to proceed with any or all of the options set forth in this report with respect to the City’s advocacy response to the proliferation of wireless telecommunications facilities throughout the City and its public rights-of-way.

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

 
B.
6.B. Siren Feasibility Report

Recommended Action: 1) Receive a presentation on the Siren Feasibility Report; and 2) Provide direction to staff regarding the implementation of an outdoor warning siren system.

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

 
7.
Council Items
 
A.
7.A. Malibu Film Society Drive-In Movie Event Fee Waiver (Mayor Pierson)

Recommended Action: At the request of Mayor Pierson, consider whether to approve the request from the Malibu Film Society to waive facility use fees, staffing costs, permit fees, and dust control mitigation requirements for a two-night drive-in movie event at the Ioki Property.

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

 
Adjournment
Future Meetings
Monday, October 12, 2020 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, October 26, 2020 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, November 9, 2020 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.  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].