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 October 23, 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.

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


Monday, November 9, 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
 
None.
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: City Attorney Hogin, 456-2489, ext. 228

 
2.
Approve Warrants

Recommended Action: Allow and approve warrant demand 61611-61711 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. 670 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,504,913.46. City of Malibu payroll check number 5133-5135 and ACH deposits were issued in the amount of $215,582.81.

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

 
3.
Approval of Minutes

Recommended Action: Approve the minutes for the September 29, 2020 Malibu City Council Adjourned Regular meeting.

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

 
4.
Award Dume Drive and Fernhill Drive Speed Humps Project

Recommended Action: 1) Authorize the Mayor to execute a construction contract with J & H Engineering General Contractors, Inc. in the amount $44,381 for the Dume Drive and Fernhill Drive Speed Hump Project, Specification No. 2089; and 2) Authorize the Public Works Director to approve potential change orders up to 15% of Agreement contract.

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

 
5.
Community Christmas Tree Lot Fee Waiver

Recommended Action: Approve the request from the Malibu High School Athletic Booster Club to waive the facility use and staffing fees for the Ioki Property for the Annual Community Christmas Tree Lot.

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

 
6.
Cooperative Agreement with the State of California for the Pacific Coast Highway Median Raised Median Improvements Project

Recommended Action: Authorize the Mayor to execute the third and final phase of the Cooperative Agreements with the State of California (Caltrans) for the construction of the PCH Raised Median and Channelization Improvements Project.

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

 
7.
Amendment to Professional Services Agreement with American Guard Services, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with American Guard Services, Inc. to provide professional security services at Charmlee Wilderness Park.

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

 
8.
Resolution to Initiate Amendments to the Local Coastal Program

Recommended Action: 1) Adopt Resolution No. 20-60 initiating a Local Coastal Program Amendment to consider revising provisions of the Local Implementation Plan that may infringe on residents’ First Amendment speech rights; and 2) Direct the Planning Commission to schedule a public hearing regarding the same.

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

 
9.
Fiscal Year 2019-2020 Fourth Quarter Financial Report

Recommended Action: 1) Receive and file Fiscal Year 2019-2020 Fourth Quarter financial information; and 2) Establish a Designated Reserve for Fiscal Year 2021-2022 Operating Expenses.

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

 
10.
Fiscal Year 2020-2021 First Quarter Financial Report

Recommended Action: Receive and file Fiscal Year 2020-2021 First Quarter financial information.

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

 
11.
Interfund Loan Agreement for Civic Center Water Treatment Facility Operations and Maintenance Fund

Recommended Action: Adopt Resolution No. 20-61 approving an interfund loan agreement for the Civic Center Water Treatment Facility Operations and Maintenance Fund.

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

 
4.
Ordinances and Public Hearings
 
A.
Appeal No. 20-006 - Appeal of Planning Commission Resolution No. 20-18 (23325 Malibu Colony Drive; Owner, Axel 23324, LLC; Appellant, Judith Israel) (Continued from October 12, 2020)

Recommended Action: Adopt Resolution No. 20-55, determining the project is categorically exempt from the California Environmental Quality Act denying Appeal No. 20-006 and approving Coastal Development Permit No. 18-035 for the demolition of a one-story single-family residence and associated development, totaling 2,963 square feet, and construction of a new 5,220 square foot, two-story single-family residence, swimming pool, decks, permeable driveway and other associated development, and replacement of the onsite wastewater treatment system; including Variance No. 19-062 to allow encroachment into the 100-foot buffer from an Environmentally Sensitive Habitat Area (Malibu Lagoon) and Demolition No. 18-010 for the demolition of the existing residence and associated development located in the Single-Family Medium Density (SF-M) zoning district within the Malibu Colony Overlay District at 23325 Malibu Colony Drive (Axel 23324, LLC).

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

 
B.
Local Coastal Program Amendment No. 17-005 and Zoning Text Amendment No. 17-005 – An amendment to the Local Coastal Program and Malibu Municipal Code Allowing Stand-Alone Surface Parking Lots in Commercial Zones as a Conditionally Permitted Commercial Use

Recommended Action: 1) Adopt Ordinance No. 475 determining the project is categorically exempt from the California Environmental Quality Act and approving Local Coastal Program Amendment No. 17-005 and Zoning Text Amendment No. 17-005 to amend the Local Coastal Program (LCP) and the Malibu Municipal Code to allow stand-alone surface parking lots in the Commercial General (CG), Community Commercial (CC), and Commercial Neighborhood (CN) zoning districts as a conditionally permitted commercial use citywide; 2) Direct staff to schedule second reading and adoption of Ordinance No. 475 for the November 23, 2020 Regular City Council meeting; and 3) Adopt Resolution No. 20-58 adopting guidelines and standards for parking lot tree selection and planting in stand-alone surface parking lots and determining the same exempt from the California Environmental Quality Act.

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

 
C.
Massage Ordinance

Recommended Action: 1) After the City Attorney reads the title, introduce on first reading Ordinance No. 474(Attachment 1) adding Chapter 5.65 to Title 5 (Business Licenses and Regulations) of the Malibu Municipal Code to adopt by reference the Los Angeles County Massage Ordinance and funding the same exempt from the California Environmental Quality Act; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 474 for the December 14, 2020 Regular City Council meeting.

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

 
D.
Schedule of Parking Citation Penalties

Recommended Action: 1) Conduct the Public Hearing; 2) Adopt Resolution No. 20-59 amending the City’s Schedule of Parking Citation Penalties, repealing Resolution No. 15-09 and finding the action to be exempt from the California Environmental Quality Act; and 3) Direct the Public Safety Commission to review the Schedule of Parking Citation Penalties annually, or at another frequency determined by the City Council.

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

 
5.
Old Business
 
A.
Big Rock Mesa Landslide Assessment District Update (Continued from November 5, 2020)

Recommended Action: 1) Receive an update on the Big Rock Mesa Landslide Assessment District; and 2) Provide direction to staff.

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

 
6.
New Business
 
A.
Siren Feasibility Report (Continued from September 29, 2020)

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 DueĊ„as, 456-2489, ext. 313

 
B.
Professional Services Agreement with Quinto Consulting, LP for City Treasurer Services

Recommended Action: At the recommendation of the Administration and Finance Subcommittee, authorize the Mayor to execute an agreement with Quinto Consulting, LP for City Treasurer services.

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

 
7.
Council Items
 
A.
Proposed 2021 Calendar of City Council Meetings

Recommended Action: Approve the proposed 2021 Calendar of City Council meetings.

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

 
Adjournment
Future Meetings
Monday, November 23, 2020 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, December 14, 2020 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, December 28, 2020   CANCELLED  

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].