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 22, 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 Amended Regular Meeting Agenda (to be held during COVID-19 emergency)
Monday, October 10, 2022
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: Interim City Attorney Rusin, 456-2489, ext. 228
2.
Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 67124-67232 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. 711 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,4761374.62. City of Malibu payroll check number 5257-5262 and ACH deposits were issued in the amount of $249,880.24.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
3.
Approval of Minutes
Recommended Action: Approve the minutes for the December 13, 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: Consider a motion to reaffirm Resolution No. 22-25, 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 Newbury Park Tree Service, Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Newbury Park Tree Services, Inc. in the amount of $45,000 for a total not to exceed amount of $180,000 to extend the tree maintenance services for one year.
Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339
6.
Bailment Agreement with the County of Los Angeles
Recommended Action: Authorize the City Manager to execute a bailment agreement with the County of Los Angeles to allow the Sheriff’s Department to use a new City vehicle for the Volunteers on Patrol program.
Staff Contact: Public Safety Manager Dueñas, 456-2489, ext. 313
4.
Ordinances and Public Hearings
A.
Appeal Nos. 22-002 and 22-003 - Appeal of Planning Commission Resolution No. 22-01 (22969 and 22959 Pacific Coast Highway; Appellants: Mani Brothers Real Estate Group and Patt Healy; Applicant: Steven Hakim; Property Owner: SKA Group, LLC and Surfrider Plaza, LLC)
Recommended Action: Continue the item to the October 24, 2022 Regular City Council meeting.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
Implementation of Land Use Policy 3.18 Addressing the Use of Rodenticides, Insecticides and Herbicides
Recommended Action: Evaluate and provide staff with direction regarding the proposed policy to implement Land Use Policy 3.18 or direct staff to prepare an amendment to the City’s Local Implementation Plan to implement Land Use Policy 3.18.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
B.
Malibu Community Labor Exchange Permanent Trailer Project
Recommended Action: 1) Receive report on the status of the City’s permanent trailer project for the Malibu Community Labor Exchange; 2) Evaluate project options and alternatives; and 3) Provide direction to staff on how to proceed with the project.
Staff Contact: Deputy City Manager Shavelson, 456-2489, ext. 254
7.
Council Items
A.
Santa Monica College Measure SMC – Opposed (Mayor Pro Tem Silverstein and Councilmember Uhring)
Recommended Action: At the request of Mayor Pro Tem Silverstein and Councilmember Uhring, consider adopting Resolution No. 22-44 strongly opposing Measure SMC, which would impose a debt upon the residents of Malibu if passed at the November 8, 2022 General Election.
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.