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 (temporarily revised December 30, 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
Regular Meeting Agenda
(to be held during COVID-19 emergency)


Monday, January 11, 2021

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
 
Closed Session Report
 
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
 
1.
Second Reading and Adoption of Ordinance No. 477

Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 477 to amend Malibu Municipal Code Title 12 (Streets, Sidewalks and Public Places) to add Chapter 12.02 “Wireless Facilities in Public Rights-of Way”; amending Chapter 1.10 (Administrative Citations and Penalties); 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: Interim City Attorney Cotti, 456-2489, ext. 228

 
2.
Approve Warrants

Recommended Action: Allow and approve warrant demand 61965-62175 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. 673 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $3,581,704.53. City of Malibu payroll check number 5139-5146 and ACH deposits were issued in the amount of $421,618.47.

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

 
3.
Approval of Minutes

Recommended Action: Approve the minutes for the November 9, 2020 Malibu City Council Regular meeting and the November 23, 2020 Malibu City Council Regular meeting.

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

 
4.
Amendment to Professional Services Agreement with Stone Environmental, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Stone Environmental, Inc. to increase the total compensation for services.

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

 
5.
Acceptance of the Storm Drain Trash Screens Project

Recommended Action: 1) Accept the work performed by United Storm Water, Inc. for the Storm Drain Trash Screens Project, Specification No. 2077 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

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

 
6.
Award City Hall Roof Replacement Project.

Recommended Action: 1) Authorize the Mayor to execute a construction contract with 101 Roofing and Construction, Inc. in the amount $234,248 for the City Hall Roof Replacement Project, Specification No. 2071; 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

 
7.
Amendment to Professional Services Agreement with 4Leaf, Inc. for Expedited Woolsey Fire Consulting Services

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with 4Leaf, Inc. for Woolsey Fire expedited consultant services.

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

 
8.
Award Agreements for Wireless Communication Facility Application Review Services

Recommended Action: Authorize the Mayor to: 1) Execute an agreement with The Center for Municipal Solutions (dba Monroe Telecom Associates, LLC) for wireless communication facility application review services; and 2) Execute an agreement with HR Green Pacific, Inc. for wireless communication facility application review services.

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

 
9.
Utility Easement Acceptance

Recommended Action: 1) Adopt Resolution No. 21-01 authorizing the granting of utility easements to Southern California Gas Company and Southern California Edison Company (SCE) and finding the same exempt from the California Environmental Quality Act; and 2) Direct staff to record a certified copy of the resolution and easement in the Office of the County Recorder.

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

 
4.
Ordinances and Public Hearings
 
A.
Ordinance to Require Electronic Filing of Campaign Disclosure Statements and Statements of Economic Interests

Recommended Action: 1) Introduce on first reading Ordinance No. 479 adding Chapter 2.68 (Electronic Filing) to Title 2 (Administration and Personnel) to the Malibu Municipal Code to require electronic filing of campaign statements and statements of economic interests and finding the same exempt from the California Environmental Quality Act; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 479 for the January 25, 2021 Regular City Council meeting.

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

 
5.
Old Business
 
None.
 
6.
New Business
 
A.
Prioritization of Staff Resources

Recommended Action: Provide direction to staff on how to prioritize staff resources.

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

 
7.
Council Items
 
A.
City Council Appointments to City Commissions and Committees

Recommended Action: 1) Mayor Pro Tem Grisanti and Councilmembers Silverstein and Uhring to each make an appointment to the Cultural Arts Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Public Works Commission, and Wastewater Advisory Committee; 2) Mayor Pierson 2) Councilmember Farrer to make an appointment to the Public Works Commission; 3) Council may appoint or affirm appointments of an ex officio member to the Cultural Arts Commission, Parks and Recreation Commission, and Public Safety Commission; 4) Council to appoint or affirm two at-large appointments to the Wastewater Advisory Committee; 5) Council to appoint or affirm five appointments and two alternate appointments to the Building Board of Appeals; and 6) Council to defer appointment of members to the Mobilehome Park Rent Stabilization Commission until such a time as it is necessary for the Commission to meet.

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

 
B.
City Council Subcommittees, Ad Hoc Committees and Outside Agency Appointments

Recommended Action: 1) Review current City Council Subcommittees, determine whether to retain each Subcommittee, and affirm, modify or make new appointments as necessary; 2) Confirm which City Council Ad Hoc Committees have completed assigned tasks and dissolve such Committees or determine to retain the Committee and affirm, modify or make new appointments as necessary; 3) Consider creation of new City Council Ad Hoc Committees and appoint members; and 4) Affirm Outside Agency appointments and make appointments as necessary.

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

 
C.
Special City Council Meeting Regarding Homelessness (Mayor Pierson)

Recommended Action: At the request of Mayor Pierson, consider scheduling a Special City Council meeting to discuss homelessness issues and solutions.

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

 
D.
Council Policy Review and Amendments to City Council Policy #8 (Mayor Pro Tem Grisanti)

Recommended Action: At the request of Mayor Pro Tem Grisanti, 1) Provide direction to the City Council Policy Review Ad Hoc Committee on a priority list for review of current Council Policies; and 2) Consider amendments to City Council Policy #8.

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

 
E.
Proposal to Amend the Malibu Municipal Code to Reduce Overnight Parking on PCH and Otherwise Regulate the Time and Location of Camping, Lodging or Sleeping in Public (Councilmembers Silverstein and Uhring)

Recommended Action: At the request of Councilmember Silverstein, 1) After the City Attorney reads the title, introduce on first reading Ordinance No. ___ (Attachment 1) amending Section 9.08.090 of the Malibu Municipal Code to create a permit “exception” to the statute’s current “unconditional” prohibition against camping, lodging, or sleeping in public (including in a vehicle parked on a public street) within the City limit of Malibu in order to ensure that the statute will be enforceable in the face of arguments arising under Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019), and finding the action exempt from the California Environmental Quality Act; and 2) Direct staff to schedule second reading and adoption of Ordinance No. __ for the January 25, 2021 Regular City Council meeting.

 
F.
Proposal to Instill Transparency, Accountability and Ethics in All Aspects of Malibu’s City Government (Councilmembers Silverstein and Uhring)

Recommended Action: At the request of City Councilmembers Silverstein and Uhring, 1) Adopt Transparency, Accountability, and Ethics Policy; 2) Appoint City Councilmembers Uhring and Silverstein to City Council Policy Review Ad Hoc Committee; 3) Amend City Council Policy No. 8 to provide City Councilmembers unconstrained inspection and information rights; 4) Amend City Council Policy No. 28 to provide City Council control over the Agenda for meetings of City Council; 5) Schedule Semi-Annual Performance Evaluation of City Manager, and discuss and vote on whether the Performance Evaluation shall be conducted transparently in a Public Session or secretly in a Closed Session; 6) Establish a True Document “Retention” (as opposed to “Destruction”) Policy by amending City Council Policy No. 51 and Administrative Directive 5.1; 7) Create Special Independent Investigation Subcommittee to investigate the allegations set forth in the Affidavit of Jefferson Wagner and related matters; 8) Consider reforms to City Council Meeting process that are inviting to and respectful of the residents; and 9) Consider other possible initiatives for Government Reform.

 
Adjournment
Future Meetings
Monday, January 25, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, February 8, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, February 22, 2021 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].

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 amontano@malibucity.org. Material must be submitted by 12:00 p.m. on the meeting day.