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 April 21, 2022). 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/videoand 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.
Malibu City Council Second Amended Regular Meeting Agenda (to be held during COVID-19 emergency)
Monday, September 12, 2022
6:00 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
Six 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 Sections 54956.9. 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 – Anticipated Litigation
1. Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Denial of Appeal Nos. 21-017 and 21-018 regarding 33386 PCH and 33398 PCH Number of Cases: 1
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.
Proclamation Declaring September 2022 as Childhood Cancer Awareness Month
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 Rusin, 456-2489, ext. 228
2.
Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 66877-67020 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. 710 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $700,880.93. City of Malibu payroll check number 5244-52488 and ACH deposits were issued in the amount of $262,307.17.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
Amendment to Professional Services Agreement with Yunex LLC
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Yunex LLC in the amount of $25,000 for a total not to exceed $49,500 for traffic signal maintenance services and extend the term of the agreement for one year.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
Integrated Regional Water Management Implementation Grant
Recommended Action: Adopt Resolution No. 22-40 authorizing the submission of an application for a Round 2 Integrated Regional Water Management Implementation Grant, authorizing the Mayor to enter into an agreement to receive a grant for the Civic Center Water Treatment Facility, Phase Two, and authorizing the City Manager or designee to prepare the application to the California Department of Water Resources.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
Santa Monica Mountains Conservancy Hazard Tree Grant Acceptance
Recommended Action: 1) Authorize the Mayor to enter into a Grant agreement with the Santa Monica Mountains Conservancy for the continuation of grant funds for fire prevention and resiliency projects; and 2) Authorize the Mayor to execute Amendment No. 1 to the Agreement with Newbury Park Tree Services increasing the compensation for services by $350,000 and extending the term through December 31, 2023, or until grant services are completed.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
Recommended Action: Adopt Resolution No. 22-39, determining the project is categorically exempt from the California Environmental Quality Act, upholding Appeal No. 21-016 and approving Coastal Development Permit No. 17-075 for the construction of a 3,778 square foot, two-story, single-family beachfront residence with attached garage, decks, retractable beach stairs, onsite wastewater treatment system, grading, retaining walls, hardscape, and seawall; including Variance (VAR) No. 17-024 for the single-family residence to extend seaward of the building stringline, VAR No. 18-022 for the first and second floor decks to extend seaward of the deck stringline, and VAR No. 20-042 for a greater than 50 percent reduction of the front yard setback, and Offer-To-Dedicate No. 21-002 for a lateral access easement across the property located in the Single-Family Medium Density (SFM) zoning district at 18868 Pacific Coast Highway (Etaat).
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
Recommended Action: 1) Conduct the Public Hearing; and 2) After the City Attorney reads the title of the ordinance, adopt Ordinance No. 501 approving Local Coastal Program Amendment (LCPA) No. 21-002, Zoning Map Amendment No. 22-001, and Zoning Text Amendment No. 22-002 to: a) add Section 3.4.6 to Local Coastal Program (LCP) Local Implementation Plan (LIP) Section 3.4 to incorporate the Malibu Middle and High School (MMHS) Campus Specific Plan into the LIP, b) exempt the MMHS from the prohibition of Electronic Message Center (EMC) signs required by LIP Section 3.15.3, c) amend Malibu Municipal Code (MMC) Section 17.42.020 to add subsection “M.” to incorporate the MMHS Campus Specific Plan into the MMC consistent with the proposed LCPA language, d) exempt the MMHS from the prohibition of EMC signs required by MMC Section 17.52.040, e) amend LCP Zoning Map No. 2 to add a boundary line around the MMHS Campus Specific Plan area, denoting the boundaries of the MMHS Campus Specific Plan area for three parcels (Assessor’s Parcel Map Numbers [APNs] 4469-017-900, 4469-018-903, and 4469-018-904) located at 30215 Morning View Drive, f) add MMHS Campus Specific Plan Environmental Sensitive Habitat Area Restoration Map Nos. 1, 2, and 3 to the LIP, g) add the Proposed Site Plan for the MMHS Campus Specific Plan to the LIP, and h) amend the MMC Zoning Map consistent with the update to LCP Zoning Map No. 2 located at 30215 Morning View Drive (Santa Monica-Malibu Unified School District).
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
Recommended Action: 1) Review the recommendation by the Public Safety Commission to provide Los Angeles County Sheriff Deputies access to gated communities through the installation of emergency key systems; and 2) Provide direction to staff and, if appropriate, direct staff to add the KnoxBox Education Campaign to the Fiscal Year 2022-2023 Work Plan.
Staff Contact: Public Safety Liaison Flores, 456-2489, ext. 236
Recommendation of Change to LADYJ Departure Procedure from LAX
Recommended Action: Direct staff to inform Los Angeles World Airports that the City supports the implementation of the Option 1 (CASTA Hybrid) departure flight procedure to replace the current LADYJ departure procedure.
Staff Contact: City Manager McClary, 456-2489, ext. 226
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.