Meeting

Please note: The meeting of February 22, 2021 has been adjourned to February 24, 2021 at 5:00 p.m.

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 February 18, 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
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, February 22, 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
Letter from Therese Y. Cannata on behalf of Reva Feldman dated January 16, 2021, addressing Ms. Feldman’s employment status
 
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
 
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. 481

Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 481 amending Chapter 15.20 of Title 15 of the Malibu Municipal Code to make technical amendments to the floodplain management ordinance 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 62375-62485 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. 676 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,618,245.46. City of Malibu payroll check numbers 5149-5152 and ACH deposits were issued in the amount of $208,423.63.

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

 
3.
Approval of Minutes

Recommended Action: Approve the minutes for the December 9, 2020 Malibu City Council Special meeting, the December 14, 2020 Malibu City Council Regular meeting, and the December 16, 2020 Malibu City Council Regular meeting.

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

 
4.
Comprehensive Annual Financial Report and Management Letter for Fiscal Year 2019-2020

Recommended Action: Receive and file the Comprehensive Annual Financial Report for Fiscal Year 2019-2020.

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

 
5.
Professional Services Agreement and Memorandum of Understanding to Update the Enhanced Watershed Management Program and Reasonable Assurance Analysis

Recommended Action: 1) Authorize the Mayor to execute a Professional Services Agreement with Larry Walker Associates in an amount not to exceed $535,633 to update the North Santa Monica Bay Coastal Watershed (NSMBCW) Enhanced Watershed Management Program (EWMP) and Reasonable Assurance Analysis (RAA); and 2) Authorize the Mayor to execute a Memorandum of Understanding between the City of Malibu, Los Angeles County Flood Control District and the County of Los Angeles for the development and cost sharing of the update to the NSMBCW EWMP and RAA.

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

 
6.
Amendments to Professional Services Agreements for School District Separation Consultant Services

Recommended Action: 1) Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with STLR Corp, dba Ryland School Business Consulting; and 2) Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with Kirk-Carter and Associates.

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

 
4.
Ordinances and Public Hearings
 
A.
Appeal No. 19-010 - Appeal of Planning Commission Resolution No. 19-25 (20238 Piedra Chica Road; Appellants: Colin Drummond; Applicant: Sakahara Allen Architects; Property Owners: Reza Nebavi and Maryam Akbar)

Recommended Action: Continue the item to a date uncertain.

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

 
B.
Approval of Use of Community Development Block Grant funds for Fiscal Year 2021-2022

Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 21-07 authorizing and approving the Fiscal Year 2021-2022 use of $20,000 in Community Development Block Grant (CDBG) funds for the Malibu Community Labor Exchange and the transfer of $48,000 in CDBG funds to the CDBG Revolving Grant Fund.

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

 
5.
Old Business
 
A.
Woolsey Fire Fee Waiver Program

Recommended Action: Consider whether to extend the fee waiver deadlines for residents rebuilding property damaged or destroyed by the Woolsey Fire.

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

 
6.
New Business
 
A.
Big Rock Mesa Landslide, Status and Development Review

Recommended Action: Receive and file report on Big Rock Mesa Landslide Assessment District related capital improvement options with the Big Rock community.

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

 
7.
Council Items
 
A.
Voting Delegate and Alternate for the SCAG Annual General Assembly

Recommended Action: 1) Appoint a Delegate and Alternative Representative to the Southern California Association of Governments (SCAG) Annual General Assembly scheduled to be held on May 6, 2021; and 2) Authorize the delegate to submit proposed resolutions and/or SCAG bylaw revisions, if any, by the deadline on Friday, March 5, 2021.

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

 
B.
Young Actors Project Grant Request (Councilmember Farrer)

Recommended Action: At the request of Councilmember Farrer, award a Fiscal Year 2020-2021 General Fund Grant to Young Actors Project in the amount of $4,000.

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

 
C.
Malibu Farmers Market Parking (Mayor Pierson and Councilmember Uhring)

Recommended Action: At the request of Mayor Pierson and Councilmember Uhring, consider whether to waive permit fees for the use of the City’s Sycamore Village property for parking for the weekly Malibu Farmers Market.

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

 
Adjournment
 
Future Meetings
Thursday, February 25, 2021 5:00 p.m. Special 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
Monday, April 12, 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.