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/videoand 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. The City requests that you 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.
Malibu City Council Regular Meeting Agenda (to be held during COVID-19 emergency)
Tuesday, November 30, 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
A.
NOAA Radio Fire Alert Program Presentation
B.
School District Separation Update
C.
Southern California Edison Update on Recent Public Safety Power Shutoffs
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. 494
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 494 adding Section 17.53.100 to title 17 of the Malibu Municipal Code Chapter 17.53 (Landscape Water Conservation and Fire Protection) regarding compliance with the State Model Water Efficient Landscape Ordinance and finding the action exempt for the California Environmental Quality Act.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
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
4.
Ordinances and Public Hearings
A.
An Amendment to Title 17 of the Malibu Municipal Code to Extend Temporary Parking in the City’s Chili Cook–Off Site for the Farmers Market
Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 495, adopting Zoning Text Amendment No. 21-004 amending Malibu Municipal Code Section 17.68.040 (Temporary Uses Requiring Permit) to extend temporary parking in the City’s Chili Cook–Off Site for the Farmers Market and finding the action exempt from the California Environmental Quality Act; and 2) Direct staff to schedule a public hearing and the second reading and adoption of Ordinance No. 495 for the December 13, 2021 Regular City Council meeting.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
Wagner Affidavit Investigation - Consider the Release of Information Protected by the Attorney-Client Privilege and Work Product Doctrine
Recommended Action: Discuss whether to waive any attorney client or work product protection afforded the final investigation report and authorize its release.
Staff Contact: Interim City Attorney Cotti, 456-2489, ext. 228
Recommended Action: Authorize the Mayor to send a letter to the Santa Monica-Malibu Unified School District (SMMUSD) Board of Education in support of or opposition to a vaccine mandate for students in SMMUSD local public schools.
Staff Contact: Interim City Manager McClary, 456-2489, ext. 226
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. The City requests that you 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.