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 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/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.

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


Monday, December 12, 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.
Ordinances and Public Hearings
 
A.
Adoption of Ordinance No. 503U - California Building Standards Code

Recommended Action: 1) Waive full reading of ordinance and order that it be read by title only; 2) After the City Attorney reads the title of the ordinance, adopt Urgency Ordinance No. 503U, an urgency ordinance of the City of Malibu, adopting by reference Title 26 of the Los Angeles County Code, incorporating the California Building Code, 2022 Edition; Title 27 of the Los Angeles County Code, incorporating the California Electrical Code, 2022 Edition; Title 28 of the Los Angeles County Code, incorporating the California Plumbing Code, 2022 Edition; Title 29 of the Los Angeles County Code, incorporating the California Mechanical Code, 2022 Edition; Title 30 of the Los Angeles County Code, incorporating the California Residential Code, 2022 Edition; Title 31 of the Los Angeles County Code, incorporating the California Green Building Standards Code, 2022 edition; the California Energy Code, 2022 Edition; Title 33 of the Los Angeles County Code, incorporating the California Existing Building Code, 2022 Edition; the California Fire Code, 2022 Edition; making amendments to said codes; repealing Ordinance No. 457; declaring the urgency thereof; and finding the action exempt from the California Environmental Quality Act; 3) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 503; and 4) Direct staff to schedule second reading and adoption of Ordinance No. 503 for the January 9, 2023 City Council Regular meeting.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

 
B.
Adoption of Ordinance No. 506 - Update to Permitting Process for Electric Vehicle Charging Stations

Recommended Action: 1) Waive full reading of ordinance and order that it be read by title only; 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 506 amending Chapter 15.36 Permitting for Electric Vehicle Charging Stations, and determining the project is categorically exempt from the California Environmental Quality Act; and 3) Direct staff to schedule second reading and adoption of Ordinance No. 506 for the January 9, 2023 City Council Regular meeting.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

 
4.
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 67663-67722 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. 715 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $559,444.47. City of Malibu payroll check number 5283-5289 and ACH deposits were issued in the amount of $262,545.74.

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

 
3.
Amendment to Professional Services Agreement with Stoel Rives LLP

Recommended Action: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Stoel Rives LLP for a total contract amount not to exceed $125,000.

Staff Contact: Deputy City Manager Shavelson, 456-2489, ext. 254

 
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.
Appeal No. 21-016 - Appeal of Planning Commission Resolution No. 21-11 (18868 Pacific Coast Highway; Owner/Appellant, Farshid Etaat)

Recommended Action: Adopt Resolution No. 22-39, determining the California Environmental Quality Act does not apply to the project, denying Appeal No. 21-016 and denying Coastal Development Permit No. 17-075 for the construction of a 3,778 square foot, two-story, single-family beachfront residence with an approximately 375 square foot 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

 
6.
Planning Department Performance Metrics

Recommended Action: Receive and file a report on Planning Department performance metrics.

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

 
7.
Fiscal Year 2021-2022 Fourth Quarter Financial Report

Recommended Action: Receive and file Fiscal Year 2021-2022 Fourth Quarter financial information.

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

 
8.
Fiscal Year 2022-2023 First Quarter Financial Report

Recommended Action: Receive and file Fiscal Year 2022-2023 First Quarter financial information.

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

 
9.
November 8, 2022 General Municipal Election Results

Recommended Action: Adopt Resolution No. 22-46 reciting the facts of the General Municipal Election held on November 8, 2022 and declaring the result and such other matters as provided by law.

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

 
10.
Transactions and Use Tax Administration

Recommended Action: 1) Adopt Resolution No. 22-47 authorizing the Mayor to execute agreements with the California Department of Tax and Fee Administration for the implementation of a local transactions and use tax; 2) Adopt Resolution No. 22-48 authorizing the examination of transaction (sales) and use tax records; and 3) Approve Amendment No. 1 to the Professional Services Agreement with Hinderliter, de Llamas, & Associates.

Staff Contact: Deputy City Manager Shavelson, 456-2489, ext. 254

 
5.
Old Business
 
None.
 
6.
New Business
 
None.
 
7.
Council Items
 
None.
 
Presentations to Outgoing Councilmembers
 
Remarks by Outgoing Councilmembers
 
Adjournment of 16th City Council
 
Reconvene 17th City Council
 
Administration of Oath of Office to Newly Elected Councilmembers
 
Election of Mayor and Mayor Pro Tem
 
Administration of Oath of Office to Mayor and Mayor Pro Tem
 
Remarks by Newly Elected Councilmembers
 
Adjournment
 
Future Meetings
Monday, December 26, 2022 CANCELLED    
Monday, January 9, 2023 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, January 23, 2023 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.  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.