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 May 13, 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)


Tuesday, May 26, 2020

4:30 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

 
Four-thirty 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)(1) and 54956.9(d)(2). 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 - Existing litigation pursuant to Government Code Section 54956.9(d)(1):
1.       Third Point Land Company LLC v. City of Malibu
Los Angeles County Superior Court Case No. 198MCP00565

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 dated October 25, 2019, from Milton Grimes regarding threat of litigation under California
Voting Rights Act of 2001
Six-thirty p.m. Regular Session
 
Call to Order - Mayor
 
Roll Call - Recording Secretary
 
Closed Session Report
 
Approval of Agenda
 
Report on Posting of Agenda
 
1.Ceremonial/Presentations
 
A.
Staff Update on COVID-19
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: City Attorney Hogin, 456-2489, ext. 228

 
2.
Approve Warrants

Recommended Action: Allow and approve warrant demand numbers 60200-60361 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. 660 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,029,041.08. City of Malibu payroll check number 6101 and ACH deposits were issued in the amount of $208,602.06.

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

 
3.
Approval of Minutes

Recommended Action: Approve the minutes for the April 27, 2020 Malibu City Council Regular meeting and April 29, 2020 Malibu City Council Special meeting.

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

 
4.
Civic Center Way Storm Drain Repair Project Completion and Acceptance of Work

Recommended Action: 1) Accept the work performed by GMZ Engineering, Inc. for the Civic Center Way Storm Drain Repair Project (Specification No. 2082) 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 

 
5.
Legacy Park Bench Refurbishment Project Completion and Acceptance of Work

Recommended Action: 1) Accept the work performed by JEC, Inc. for the Legacy Park Bench Refurbishment Project (Specification No. 2080) 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.
Water Bottle Filling Stations Project Completion and Acceptance of Work

Recommended Action: 1) Accept the work performed by Zusser Company, Inc. for the Water Bottle Filling Stations Project (Specification No. 2076) 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

 
7.
Community Development Block Grant Program for July 1, 2021 through June 30, 2024

Recommended Action: Adopt Resolution No. 20-20 approving and authorizing the City Manager to execute the agreement with the Los Angeles County Development Authority which will allow the City to participate in the Community Development Block Grant program from July 1, 2021 through June 30, 2024.

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

 
8.
Professional Services Agreement with Managed Career Solutions

Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers for trail clearance and remediation work at Charmlee Wilderness Park.

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

 
9.
Fiscal Year 2019-2020 Third Quarter Financial Report

Recommended Action: Receive and file Fiscal Year 2019-2020 Third Quarter Financial Report.

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

 
4.Ordinances and Public Hearings
 
A.
Planning Appeal Fee

Recommended Action: Hold a public hearing and determine whether to adopt Resolution No. 20-21 modifying the appeal fee for Planning development applications and amending item no. 3 (Appeal Fee) of the Planning fees in Exhibit A of Resolution No. 20-18 and finding the action to be exempt from the California Environmental Quality Act.

Staff Contact: Planning Director Blue, 456-2489, ext. 258

 
5.Old Business
 
None.
6.New Business
 
A.
Waiving Fees Related to the Rebuilding of Structures Damaged or Destroyed by the Woolsey Fire

Recommended Action: Provide direction to staff on what documents are required from residents to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property.

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

 
B.
Proposed Settlement Agreement and Release in Third Point Land Company LLC v. City of Malibu (LACSC Case No. 19SMCP00565)

Recommended Action: 1) Approve the proposed settlement with Plaintiff Third Point Land Company, LLC; and 2) Direct the Mayor to execute on behalf of the City.

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

 
7.Council Items
 
A.
Support Local Recovery (Mayor Farrer)

Recommended Action: At the request of Mayor Farrer, 1) Authorize the City of Malibu to join the League of California Cities’ Support Local Recovery Coalition to seek State and federal aid to help cities and counties nationwide, regardless of size, respond to and recover from the COVID-19 crisis; and 2) Authorize the Mayor to send a letter to Governor Newsom requesting assistance in securing necessary funding from both the State and federal governments to enable the restoration of local economies.

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

 
B.
Senate Bill 1215 – Support (Mayor Pro Tem Pierson)

Recommended Action: At the request of Mayor Pro Tem Pierson, authorize the Mayor to send a letter of support for Senate Bill (SB) 1215, legislation introduced by Senator Henry Stern to allow communities to develop electricity microgrids to help mitigate against disruptive power outages and protect residents and businesses while also helping the State achieve its energy and resiliency goals.

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

 
Adjournment
Future Meetings
Monday, June 8, 2020 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, June 22, 2020 6:30 p.m. Regular City Council Meeting Location to be determined
Monday, July 13, 2020 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].

 
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements.  Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting.  Dated this 14th day of May 2020 at 3:00 p.m.
______________________________
Heather Glaser, City Clerk