Meeting

Please note: The meeting of January 25, 2021 has been adjourned to January 28, 2021 at 5:00 p.m. to consider Item Nos. 7.A. through 7.F. 

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 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.

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


Monday, January 25, 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
 
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. 479

Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 479 adding Chapter 2.68 (Electronic Filing) to Title 2 (Administration and Personnel) of 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.

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 numbers 62176-62287 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. 674 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,463,971.74. City of Malibu payroll check number 5147 and ACH deposits were issued in the amount of $203,573.01.

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

 
3.
Malibu Park Drainage Improvements Project – Reject Bids

Recommended Action: 1) Reject all bids received for the Malibu Park Drainage Improvements Project, Specification No. 2086; and 2) Direct staff to return all bid bonds to the bidders.

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

 
4.
Amendment to Professional Services Agreement with Kimley Horn and Associates, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. in the amount of $25,000 for a total not to exceed $586,840 for additional engineering design services during construction for the Civic Center Way Improvements Project.

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

 
4.
Ordinances and Public Hearings
 
A.
Appeal No. 19-002 and Coastal Development Permit No. 17-043 and Associated Entitlements (29043 Grayfox Street; Owners/Appellants, John and Tatiana Atwill)

Recommended Action: Adopt Resolution No. 21-02 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), granting Appeal No. 19-002, and approving Coastal Development Permit (CDP) No. 17-043 for demolition of an existing single-family residence and associated development and the construction of a new 5,085 square foot, two-story single-family residence plus a 966 square foot attached garage, a 345 square foot covered loggia on the first floor, a 312 square foot trellised loggia on the second floor, swimming pool, perimeter walls, landscaping, hardscaping and grading, and the installation of a new onsite wastewater treatment system (OWTS), including Demolition Permit (DP) No. 17-013 for the demolition of an existing single-family residence and associated development and Site Plan Review (SPR) No. 17-014 for construction in excess of 18 feet in height up to 28 feet for a pitched roof located in the Rural Residential-One Acre (RR-1) zoning district at 29043 Grayfox Street (Atwill).

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

 
B.
Appeal No. 20-008 - Appeal of Planning Commission Resolution No. 20-58 (5936 Filaree Heights Avenue; Appellant Stacy Clunies-Ross)

Recommended Action: Adopt Resolution No. 21-03 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), denying Appeal No. 20-008 and approving Administrative Plan Review-Woolsey Fire No. 19-060 and Site Plan Review No. 19-099 for improvements to modify an in-kind fire rebuild of a previously approved residence destroyed by the Woolsey Fire, including a second-story addition, new subterranean garage, new swimming pool and pool deck, and a new driveway, including a site plan review to allow construction above 18 feet, not to exceed 24 feet for a flat roof located in the Rural Residential-Two acre zoning district at 5936 Filaree Heights Avenue (Denker Family Trust).

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

 
5.
Old Business
 
None.
 
6.
New Business
 
None.
 
7.
Council Items
 
A.
City Council Subcommittees, Ad Hoc Committees and Outside Agency Appointments (Continued from January 11, 2021)

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

 
B.
City Council Appointments to City Commissions

Recommended Action: 1) Mayor Pierson to make his appointment to the Cultural Arts Commission; and 2) Council may appoint an ex officio member to the Parks and Recreation Commission.

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

 
C.
Special City Council Meeting Regarding Homelessness (Mayor Pierson) (Continued from January 11, 2021)

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.
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) (Continued from January 11, 2021)

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.

 
E.
Council Policy Review and Amendments to City Council Policy #8 (Mayor Pro Tem Grisanti) (Continued from January 11, 2021)

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

 
F.
Proposal to Instill Transparency, Accountability and Ethics in All Aspects of Malibu’s City Government (Councilmembers Silverstein and Uhring) (Continued from January 11, 2021)

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, 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
Monday, March 8, 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.