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 (revised January 29, 2021). 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. 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.

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


Monday, February 8, 2021

5:00 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
Five 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(d)(2) and 54957. 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 Regular Session.  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)
     Number of Cases: 1
Personnel Matters pursuant to Government Code Section 54957:
 
1.  Public Employee Performance Evaluation
     Title: City Manager

 
2.  Public Employee Discipline/Dismissal/Release
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.
Update on Recent Fires in Malibu by Los Angeles County Fire Department Battalion Chief Smith
 
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 Cotti, 456-2489, ext. 228

 
2.
Approve Warrants

Recommended Action: Allow and approve warrant demand numbers 62288-62374 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. 675 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,773,524.81. City of Malibu payroll check number 5148 and ACH deposits were issued in the amount of $217,619.92.

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.
Amendments to Agreements for Wireless Communication Facility Application Review Services

Recommended Action: Authorize the Mayor to: 1) Execute Amendment No. 1 to Agreement with Center for Municipal Solutions for wireless communication facility application review services; and 2) Execute Amendment No. 1 to Agreement with HR Green Pacific, Inc. for wireless communication facility application review services.

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

 
5.
Acceptance of the Dume Drive and Fernhill Drive Speed Hump Project

Recommended Action: 1) Accept the work performed by J & H Engineering General Contractors, Inc. for the Dume Drive and Fernhill Drive Speed Hump Project, Specification No. 2089 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.
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 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

 
7.
Compliance Agreement with Airbnb

Recommended Action: Approve compliance agreement with Airbnb, Inc.

Staff Contact: Assistant City Attorney Rusin, 456-2489, ext. 228

 
4.
Ordinances and Public Hearings
 
A.
Los Angeles County Fire Code

Recommended Action: 1) After the City Attorney reads the title, introduce on first reading Ordinance No. 480 adopting by Reference Title 32 of the Los Angeles County Code, which incorporates the 2019 Edition of the California Fire Code, as amended; adopting local amendments to said code; ratifying the Consolidated Fire Protection District of Los Angeles County’s Building Standards contained in Title 32, as amended; and finding the action exempt from the California Environmental Quality Act; and 2) Direct staff to schedule a Public Hearing for the second reading and adoption of Ordinance No. 480 for the March 8, 2021 Regular City Council meeting.

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

 
B.
Floodplain Management Ordinance

Recommended Action: 1) After the City Attorney reads the title, introduce on first reading Ordinance No. 481 making minor technical amendments to Chapter 15.20 Floodplain Management of the Malibu Municipal Code and finding the same exempt from the California Environmental Quality Act; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 481 for the February 22, 2021 City Council Meeting.

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

 
C.
Appeal No. 20-008 - Appeal of Planning Commission Resolution No. 20-58 (Appellant Stacy Clunies-Ross) (Continued from January 25, 2021)

Recommended Action: Adopt Resolution No. 21-03, determining the project is categorically exempt from the California Environmental Quality Act; 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: Planning Director Mollica, 456-2489, ext. 346

 
5.
Old Business
 
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: 1) Adopt Resolution 21-02 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and granting Appeal No. 19-002, 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); or 2) Alternatively, the Council may adopt the findings in the staff report, determine the project is categorically exempt from the California Environmental Quality Act (CEQA), and grant Appeal No. 19-002, 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: Planning Director Mollica, 456-2489, ext. 346

 
B.
Election of Mayor Pro Tem

Recommended Action: Council to elect a Mayor Pro Tem.

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

 
6.
New Business
 
A.
Fiscal Year 2020-2021 Second Quarter Financial Report and Mid-Year Budget Amendments

Recommended Action: 1) Receive and file Fiscal Year 2020-2021 Second Quarter Financial Report; 2) Provide direction on Fiscal Year 2020-2021 City Council Priorities and Departmental Tasks including Capital Improvement Projects; 3) Adopt Resolution No. 21-04 amending the annual budget for Fiscal Year 2020-2021; and 4) Adopt Resolution No. 21-05 rescinding Section 5 of Resolution No. 20-47, approving the Authorized Positions and Salary Ranges for Fiscal Year 2020-2021, and approving the Code Enforcement Manager, Media Analyst, and Public Safety Liaison Job Specifications.

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

 
7.
Council Items
 
None.
 
Adjournment
 
Future Meetings
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
Monday, March 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 [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.