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 Order N-08-21 and the County of Los Angeles Public Health Officer’s Safer at Home Order (revised August 16, 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, August 23, 2021

6:00 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
Six 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). 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 next regular City Council meeting. 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. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
    Number of potential cases: 1
 
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.
Proclamation Declaring September 2021 as Childhood Cancer Awareness Month
 
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 63797-63941 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. 687 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,686,419.26. City of Malibu payroll check numbers 5182-5183 and ACH deposits were issued in the amount of $226,130.35.

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

 
3.
Malibu Poet Laureate Appointment

Recommended Action: At the recommendation of the Malibu Arts Commission, approve the nomination of Ann Buxie to serve a two-year term as the Malibu Poet Laureate beginning September 1, 2021.

Staff Contact: Community Services Director Bobbett, 456-2489, ext. 225

 
4.
Award City Hall HVAC System Cleaning Project

Recommended Action: 1) Approve the award and authorize the Mayor to execute a construction contract with Western Indoor Environmental Services in the amount of $53,990 for the City Hall HVAC System Cleaning Project, Specification No. 2090; and 2) Authorize the Public Works Director to approve any potential change orders up to 10% of the contract amount.

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

 
5.
Action Minutes

Recommended Action: Approve transitioning to action minutes as the City Council’s official minutes.

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

 
6.
Amendment to Agreement with Malibu Triathlon Productions (Continued from August 9, 2021)

Recommended Action: Authorize the Interim City Manager to execute Amendment No. 1 to the Agreement with Malibu Triathlon Productions LLC, a Subsidiary of USA Sports and Entertainment, transferring its interest in the Agreement to host the Malibu Triathlon to Super League Holdings PTE LTD, a Singapore private company limited by shares.

Staff Contact: Community Services Director Bobbett, 456-2489, ext. 225

 
7.
Amendment No. 2 to Agreement with Stone Environmental, Inc.

Recommended Action:  Authorize the Mayor to execute Amendment No. 2 to Professional Services Agreement with Stone Environmental, Inc. to extend the contract for services.

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

 
4.
Ordinances and Public Hearings
 
A.
Appeal No. 21-002 - Appeal of Planning Commission Resolution No. 21-01 (20272 Inland Lane; Appellant: Hak Wong; Applicant: Johnathen Day; Property Owner: The Jonathan L. Congdon Revocable Trust)

Recommended Action: Adopt Resolution No. 21-48, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal No. 21-002 and approving Coastal Development Permit No. 19-001 for the construction of a new 4,838 square foot, two-story single-family residence, including a 602 square foot attached two-car garage with storage, plus a detached 192 square foot cabana, hardscape, grading, drainage, and installation of a new onsite wastewater treatment system; including Variance No. 19-001 from the City’s geotechnical standards for factor of safety, Site Plan Review No. 19-001 for the roof height in excess of 18 feet, up to 24 feet for a flat roof, and Minor Modification No. 19-001 for the reduction of the required side yard setback, located in the Single-Family Low Density (SFL) zoning district at 20272 Inland Lane.

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

 
B.
2021-2029 Housing Element Draft Update Study Session

Recommended Action: 1) Receive staff’s presentation, 2) Receive public comments; and 3) Provide comments to staff on the draft Housing Element, as appropriate.

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

 
C.
Resolution Declaring the Existence of a Local Emergency and Establishing a Program for Reducing the Risk of Fires Associated with Individuals Living Unhoused and Otherwise Engaged in Unpermitted and Unregulated Camping

Recommended Action:  It is recommended that the City Council: 1) Adopt Resolution No. 21-49 Declaring the Existence of a Local Emergency and Establishing a Program for Reducing the Risk of Fires Associated with Individuals Living Unhoused and Otherwise Engaged in Unpermitted and Unregulated Camping; and 2) Discuss and consider the proposed Camping Ordinance and provide direction to City staff.

Staff Contact: Interim City Attorney Cotti, 456-2489, ext. 228

 
5.
Old Business
 
A.
Woolsey Fire Fee Waiver Program Deadlines (Continued from August 9, 2021)

Recommended Action: 1) Discuss the existing deadlines in place for homeowners to be eligible to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence; and 2) Provide direction to staff regarding any proposed revisions to the fee waiver program.

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

 
B.
Consideration of the Resumption of In-Person Meetings

Recommended Action: 1) Receive an update on the current State and County public health regulations; and 2) Consider options for the resumption of in-person public meetings, and give direction to staff as needed.

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

 
6.
New Business
 
A.
Boys & Girls Club of Malibu Event Fee Waiver

Recommended Action: Consider whether to approve the request from the Boys & Girls Club of Malibu to waive facility use fees and staffing costs for the Chili Cook-Off event at the Ioki Property.

Staff Contact: Community Services Director Bobbett, 456-2489, ext. 225

 
B.
Public Speaker Video (Continued from August 9, 2021)

Recommended Action: Consider whether to direct staff to allow members of the public to be displayed with video while speaking at the City’s public meetings.

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

 
7.
Council Items
 
A.
Proposed Parking Management Plan Along Trancas Canyon Road from Pacific Coast Highway to Tapia Drive (Mayor Grisanti and Councilmember Farrer) (Continued from August 9, 2021)

Recommended Action: At the request of Mayor Grisanti and Councilmember Farrer, direct staff to process an ordinance to implement a Parking Management Plan along the west side of Trancas Canyon Road from Pacific Coast Highway to Tapia Drive.

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

 
B.
Cars and Coffee (Councilmember Uhring)

Recommended Action: At the request of Councilmember Uhring, consider whether the City should continue to offer the Cars and Coffee event at Malibu Bluffs Park.

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

 
C.
Wildlife Conservation Board Grant for Liberty Canyon Wildlife Crossing Project (Mayor Grisanti and Mayor Pro Tem Silverstein)

Recommended Action:  At the request of Mayor Grisanti and Mayor Pro Tem Silverstein, authorize the Mayor to submit a letter to the Wildlife Conservation Board in support of allocating $20 million in grant funding to the National Wildlife Federation for the Liberty Canyon Wildlife Crossing Project.

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

 
Adjournment
Future Meetings
Monday, September 13, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, September 27, 2021 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, October 11, 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.  In order to reduce the risk of spreading COVID-19, consistent 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.