Cities Index.
Agenda

Malibu City Council
April 24, 2023

Document
Agenda
Meeting
April 24, 2023
Body
Malibu City Council
Pages
35
Original file
27.0 MB
Text extracted from the city's file for reading and search. Open the original on www.malibucity.org. That file is the official record.

PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR
INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

Meeting Agenda
CC230424_AGENDA.PDF
Item 3B2
Approve Warrants
CC230424_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC230424_ITEM 3B3.PDF
Item 3B4
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
CC230424_ITEM 3B4.PDF
Item 3B5
Investment Report for the Month Ending March 31, 2023
CC230424_ITEM 3B5.PDF
Item 3B6
Acceptance of Marie Canyon Green Streets Project
CC230424_ITEM 3B6.PDF
Item 3B7
Termination of the State of a Local Emergency for the 2023 Winter Storms

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. Documents:

CC230424_ITEM 3B6.PDF
Item 3B7
Termination of the State of a Local Emergency for the 2023 Winter Storms CC230424_ITEM 3B7.PDF
Item 4A
Schedule of Fees Fiscal Year 2023-24
CC230424_ITEM 4A.PDF
Item 6A
Food and Beverage Sales in the Open Space District
CC230424_ITEM 6A.PDF
Item 6B
Update Regarding Local Coastal Program Amendment No. 16-006 (Sea View Hotel Project)
CC230424_ITEM 6B.PDF

7. Documents:

8. Documents:

9. Documents:

10. Documents:

HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.

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 IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form.

HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.

Malibu City Council
Regular Meeting Agenda
Monday, April 24, 2023
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/87589536303
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – April 14, 2023
Approval of Agenda

1. Ceremonial/Presentations
A. Proclamation Declaring April 2023 as National Donate Life Month in Malibu B. Presentation on 2022 Environmental Programs Accomplishments (WASTE REDUCTION) City Council Regular Meeting Agenda Page - 2 - April 24, 2023

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 Rusin, 456-2489, ext. 228

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 68727-68879 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. 723 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $932,293.74. City of Malibu payroll check number 5333-5336 and ACH deposits were issued in the amount of $ 258,132.04.

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

3. Approval of Minutes
Recommended Action: Approve the minutes for the March 14, 2022 Malibu City Council Regular meeting.

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

4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 23-14, reauthorizing remote teleconferencing/virtual meetings pursuant to AB 361.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 City Council Regular Meeting Agenda Page - 3 - April 24, 2023

5. Investment Report for the Month Ending March 31, 2023 Recommended Action: Receive and file the Investment Report for the month ending March 31, 2023.

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

6. Acceptance of Marie Canyon Green Streets Project
Recommended Action: 1) Accept the work performed by J and H Engineering General Contractors, Inc. for the Marie Canyon Green Streets Project, Specification No. 2073 as complete; and 2) Authorize the Public Works Director to record a Notice of Completion for the project.

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

7. Termination of the State of a Local Emergency for the 2023 Winter Storms Recommended Action: Adopt Resolution No. 23-18 terminating the state of local emergency declared as a result of the 2023 Winter Storms.

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

4. Ordinances and Public Hearings
A. Schedule of Fees Fiscal Year 2023-24
Recommended Action: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 23-17 establishing the Schedule of Fees for Fiscal Year 2023-24.

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

5. Old Business
None.

6. New Business
A. Food and Beverage Sales in the Open Space District
Recommended Action: 1) Adopt, or provide comment on, the attached draft Council Interpretation regarding food and beverage sales in the Open Space District; 2) Adopt Resolution No. 23-19 initiating a Zone Text Amendment (ZTA) and Local Coastal Program Amendment (LCPA) to address food and beverage sales in the Open Space zoning district, or provide alternative direction; and 3) If Resolution No. 23-19 is adopted, provide direction to the Planning Commission to schedule a public hearing regarding the ZTA and LCPA and provide a recommendation to the Council whether to approve, modify, or reject the amendment and finding the action exempt from the California Environmental Quality Act.

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

City Council Regular Meeting Agenda Page - 4 - April 24, 2023 B. Update Regarding Local Coastal Program Amendment No. 16-006 (Sea View Hotel Project) Recommended Action: Receive a status update regarding City Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project LCPA submittal, review the California Coastal Commission (CCC) approved LCPA as modified on February 8, 2023 (LCPA No. LCP-4-MAL-21-0073-2), and provide direction on the following:
1) The Council’s position on the LCPA as modified by the CCC and a determination if the modifications made by the CCC are generally consistent with the City’s LCPA as adopted on September 13, 2021, or that the modifications substantially deviate from the LCPA; and 2) Preparation of an Ordinance to accept the modified LCPA; or 3) Preparation of a Resolution to withdrawal the City’s submitted LCPA with the Council’s stated findings.

Should the Council desire to change the modified LCPA, the Council would need to withdraw and resubmit the amendment as a new LCPA.

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

7. Council Items
None.

Adjournment
Future Meetings
Wednesday, April 26, 2023 6:00 p.m. Regular City Council Meeting City Hall Council Chambers Monday, May 8, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, May 22, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings
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 may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. Speakers are taken in the order slips are submitted or hands are raised.

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 City Council Regular Meeting Agenda Page - 5 - April 24, 2023 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.

Public speakers shall follow the rules as set forth under Oral Communication 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.

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, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

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.

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 April 2023 at 5:15 p.m.

Kelsey Pettijohn, City Clerk
WARRANT REGISTER NO. 723
On April 24, 2023, the Malibu City Council allowed and approved warrant demand numbers 68727-68879 from the General Fund. The City Manager is hereby directed to pay out the funds named hereon to each of the claimants listed, the amount appearing opposite their name for the purpose stated on the respective demands, making a total of $932,293.74. City of Malibu payroll check number 5333-5336 and ACH deposits were issued in the amount of $258,132.04.

PASSED, APPROVED and ADOPTED this 24th day of April 2023. ____________________________________________
Bruce Silverstein
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk

CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $1,190,425.78 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 13th day of April 2023, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
04-24-23
Item

3.B.2.

DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Accounts Payable
User:

Printed:
sflores
4/12/2023 8:30 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 68727 CASTDIS California State Disbursement Unit 03/30/2023 0.00 339.69 68728 ICMA457 ICMA-MissionSquare Retirement - 303615 03/30/2023 0.00 16,183.44 68729 ICMACM ICMA-MissionSquare Retirement - 108658 03/30/2023 0.00 542.31 68730 STANDARD Standard Insurance Company N2 03/30/2023 0.00 7,665.82 68731 USBANK2 U.S. Bank 03/30/2023 0.00 1,121.06
68732 4LEAF 4LEAF, Inc 03/30/2023 0.00 21,906.27
68733 ACCURATE F.L.C., Inc 03/30/2023 0.00 60.00
68734 AMTECH Pacific Coast Elevator Corp. 03/30/2023 0.00 791.04 68735 ANAWALT Anawalt Lumber Co., Inc 03/30/2023 0.00 76.61 68736 BATARSEK Kimberly Batarse 03/30/2023 0.00 137.50
68737 BOYSGIRL Malibu Foundation for Youth & Families 03/30/2023 0.00 25,000.00 68738 CASTRATE California Strategies & Advocacy LLC 03/30/2023 0.00 12,500.00 68739 CHEVRON2 Wright Express FSC Wex Bank 03/30/2023 0.00 1,475.72 68740 CIVICPLU Icon Enterprises Inc 03/30/2023 0.00 2,771.94 68741 CLARKMIL Mila Clarke 03/30/2023 0.00 103.24
68742 COTTON Cotton,Shires & Associates,Inc 03/30/2023 0.00 44,119.25 68743 CRPRINT CR PRINT 03/30/2023 0.00 147.87
68744 DUENASSU Susan Duenas 03/30/2023 0.00 59.21
68745 GALSAN Sandor Gal 03/30/2023 0.00 250.00
68746 GAMBM Mitch Gamble 03/30/2023 0.00 296.30
68747 GRAYDOR Dorothy Gray 03/30/2023 0.00 150.00
68748 HAKIMS Sophian Hakim 03/30/2023 0.00 4.00
68749 HOMEPRO HD Supply Facilties Maintenance, Ltd 03/30/2023 0.00 281.40 68750 J&HENG J & H Engineering General Contractors Inc 03/30/2023 0.00 241,300.95 68751 JTECCORP JTEC Corporation 03/30/2023 0.00 14,273.05 68752 KIMLEY Kimley-Horn and Associates Inc 03/30/2023 0.00 22,832.60 68753 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/30/2023 0.00 75.00 68754 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/30/2023 0.00 75.00 68755 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/30/2023 0.00 75.00 68756 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/30/2023 0.00 75.00 68757 LACOREG LA Co Registrar Recorder/Cty Clerk 03/30/2023 0.00 351.00 68758 LACOWAT LA Co MalibuTreasurer-Waterworks 03/30/2023 0.00 4,530.51 68759 Lance Lance,Soll&Lunghard CPA's, LLP 03/30/2023 0.00 9,500.00 68760 LARRYWAL Larry Walker Associates, Inc 03/30/2023 0.00 3,136.50 68761 LAZARL Laura Lazar 03/30/2023 0.00 137.50
68762 M6COSLT m6 Consulting Inc. 03/30/2023 0.00 2,084.75 68763 MABPROP Mabante Property Management 03/30/2023 0.00 201.25 68764 MALICOUN Malibu Country Estates HOA 03/30/2023 0.00 273.50 68765 MASTERCO Master Cooling Corporation 03/30/2023 0.00 9,240.08 68766 MAUCK Kevin Mauch 03/30/2023 0.00 210.00
68767 MAYERB Bethany Mayer 03/30/2023 0.00 137.50
68768 McCRORYC Charles McCrory 03/30/2023 0.00 450.00
68769 MOFFATT Moffatt & Nichol 03/30/2023 0.00 1,692.50 68770 MORRJULE Jules Morriss 03/30/2023 0.00 137.50
68771 MOSSER Mosser Plumbing & Heating Inc 03/30/2023 0.00 395.00 68772 MURPHRS Sue Murphree 03/30/2023 0.00 280.24
68773 NATIONA National Construction Rentals, Inc 03/30/2023 0.00 940.80 AP Checks by Date - Summary by Check Number (4/12/2023 8:30 AM) Page 1 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 68774 NEWBURY Newbury Park Tree Service Inc 03/30/2023 0.00 9,788.75 68775 NEXTREQ NextRequest 03/30/2023 0.00 13,646.44
68776 NV5INC NV5 Inc. 03/30/2023 0.00 10,020.75
68777 PARSARS Public Agency Retirement Srvcs 03/30/2023 0.00 300.00 68778 PCRECYC FC Management Services, Inc. 03/30/2023 0.00 250.00 68779 PEOPCON Ocean Park Community Center 03/30/2023 0.00 25,489.00 68780 RINCONC Rincon Consultants, Inc 03/30/2023 0.00 84,990.75 68781 RIVERSI Riverside Rubber Stamp & Engraving 03/30/2023 0.00 150.15 68782 SANTA Santa Monica - Malibu Unified School District 03/30/2023 0.00 25,369.20 68783 SHEENMAR Martin Sheen 03/30/2023 0.00 50.00
68784 SICHTAK Kimberly Sichta 03/30/2023 0.00 271.24
68785 SOKOLOFF Rachael Sokoloff 03/30/2023 0.00 25.00
68786 SOLIDWA Solid Waste Solutions, Inc. 03/30/2023 0.00 544.00 68787 SPECTRUM Charter Communications Holdings, LLC 03/30/2023 0.00 209.98 68788 STAPLES Staples Contract & Commercial LLC 03/30/2023 0.00 769.24 68789 STATECO State Controller's Office 03/30/2023 0.00 3,594.78 68790 TETRATE Tetra Tech Inc 03/30/2023 0.00 26,631.72
68791 TOTALGRA Brian Shore 03/30/2023 0.00 441.29
68792 TRUNORTH True North Compliance Services, Inc. 03/30/2023 0.00 25,883.70 68793 VENTTRA Ventura Transit System, Inc. 03/30/2023 0.00 6,033.50 68794 WILLSCOT Williams Scotsman Inc 03/30/2023 0.00 3,577.21 68795 YUNEX Siemens Mobility. Inc. 03/30/2023 0.00 418.50 68796 4IMPRINT 4imprint Inc 04/10/2023 0.00 638.70
68797 ANAWALT Anawalt Lumber Co., Inc 04/10/2023 0.00 2.79 68798 ARC ARC Document Solutions LLC 04/10/2023 0.00 260.63 68799 ARTTREK ART Trek, Inc 04/10/2023 0.00 175.00
68800 AYALABR Brandie Ayala 04/10/2023 0.00 55.54
68801 AZURCAP Azur CART & Captioning 04/10/2023 0.00 1,782.00 68802 BROANN Anne Brown 04/10/2023 0.00 110.00
68803 BUDAL Lesley Budacz 04/10/2023 0.00 110.00
68804 BURNS Burns Pacific Construction Inc 04/10/2023 0.00 3,694.72 68805 CARSCO Scott Carpenter 04/10/2023 0.00 25.00
68806 CASGAY Gaylene Cascione 04/10/2023 0.00 2,030.00
68807 CLIMATED Climatec LLC 04/10/2023 0.00 1,801.32
68808 COSROS Rose Cossette 04/10/2023 0.00 25.00
68809 CROCKERB Bridget Crocker 04/10/2023 0.00 110.00
68810 CRPRINT CR PRINT 04/10/2023 0.00 276.73
68811 CSAADA Adam Csapo 04/10/2023 0.00 250.00
68812 DANESHJ Jackline Yafai Daneshrad 04/10/2023 0.00 100.00 68813 DAPEERR Dapeer Rosenblit & Litvak LLP 04/10/2023 0.00 35.00 68814 DENKERJ Jennifer Denker 04/10/2023 0.00 5,923.87
68815 DERRAF Raffi Dermenjian 04/10/2023 0.00 110.00
68816 ELESCO Emergency Lighting Equipment Service Company Inc 04/10/2023 0.00 1,400.00 68817 EMBREE Ryan Embree 04/10/2023 0.00 167.80
68818 ENHANCED Landscape Development, Inc. 04/10/2023 0.00 46,165.50 68819 FERCANOL Laura DeMieri Fercano 04/10/2023 0.00 340.00 68820 FIRTHG Gail Firth 04/10/2023 0.00 110.00
68821 FUCINDY Cindy Fu 04/10/2023 0.00 110.00
68822 GALCHR Christina Galioto 04/10/2023 0.00 25.00
68823 GARNIC Nicholas Andrew Garcia 04/10/2023 0.00 1,722.00 68824 GIINDUS G.I. Industries 04/10/2023 0.00 54.23
68825 Grainger W.W. Grainger,Inc 04/10/2023 0.00 87.44
68826 GRUCEL Celeste Grundman 04/10/2023 0.00 40.00
68827 HALLALEX Alexander Hall 04/10/2023 0.00 180.00
68828 HDL Hinderliter, deLlamas, & Assoc 04/10/2023 0.00 1,453.44 68829 HENRYHAP Hap Henry 04/10/2023 0.00 167.80
68830 HOMEPRO HD Supply Facilties Maintenance, Ltd 04/10/2023 0.00 315.47 AP Checks by Date - Summary by Check Number (4/12/2023 8:30 AM) Page 2 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 68831 KAZSON Sonia Kazarova 04/10/2023 0.00 200.00
68832 KIMLEY Kimley-Horn and Associates Inc 04/10/2023 0.00 2,094.75 68833 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/10/2023 0.00 75.00 68834 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/10/2023 0.00 75.00 68835 LACOREG LA Co Registrar Recorder/Cty Clerk 04/10/2023 0.00 28,457.47 68836 LACOWAT LA Co MalibuTreasurer-Waterworks 04/10/2023 0.00 1,808.89 68837 LANCLY Clytie Lane 04/10/2023 0.00 110.00
68838 LEVOLG Olga Leventis 04/10/2023 0.00 25.00
68839 LITZHELE Helen Litz 04/10/2023 0.00 25.00
68840 LTOBIAS Lester Tobias Architecture 04/10/2023 0.00 378.00 68841 MAINSTRE Athaco Inc. 04/10/2023 0.00 250.11
68842 MAKABI Mayra Makabi 04/10/2023 0.00 220.00
68843 MARHAR Harley Martin 04/10/2023 0.00 25.00
68844 MARMIK Mike Marquart 04/10/2023 0.00 25.00
68845 MAUCK Kevin Mauch 04/10/2023 0.00 120.00
68846 MNS MNS Engineers, Inc. 04/10/2023 0.00 2,981.25
68847 MOHMIC Michelle Mohilef 04/10/2023 0.00 25.00
68848 NEWBURY Newbury Park Tree Service Inc 04/10/2023 0.00 28,547.61 68849 OTOOVIC Victoria O'Toole 04/10/2023 0.00 110.00
68850 PAQBIAN Bianca Paquette 04/10/2023 0.00 110.00
68851 PARALE Alexa Parashos 04/10/2023 0.00 25.00
68852 PARKERAN Parker-Anderson Enrichment 04/10/2023 0.00 1,554.00 68853 PHIDAN Dana Phillips 04/10/2023 0.00 25.00
68854 PINKST Pink Street, LLC 04/10/2023 0.00 50.00
68855 REISJ Juliana Reis 04/10/2023 0.00 110.00
68856 RIGAMAN Amanda Rigali 04/10/2023 0.00 32.88
68857 RIGGINS Marianne Riggins 04/10/2023 0.00 167.80
68858 ROHKAT Katrina Rohe 04/10/2023 0.00 25.00
68859 ROUNDSTA Round Star West LLC 04/10/2023 0.00 1,907.50 68860 SAMBILL Bill Sampson 04/10/2023 0.00 167.80
68861 SCHAPKEN Kenneth Schapiro 04/10/2023 0.00 430.00
68862 SHOHAY Haylen Short 04/10/2023 0.00 25.00
68863 SHORRBOB Bob Shorr 04/10/2023 0.00 77.00
68864 SHOSING Ingrid Shoshan 04/10/2023 0.00 110.00
68865 SKELM Mia Skelton 04/10/2023 0.00 110.00
68866 SMASH Smash Athletics Inc 04/10/2023 0.00 165.71
68867 SMITCHRI Christian Smith 04/10/2023 0.00 3,003.00 68868 SOLIDWA Solid Waste Solutions, Inc. 04/10/2023 0.00 39,320.72 68869 STAPLES Staples Contract & Commercial LLC 04/10/2023 0.00 219.53 68870 STEWD Doug Stewart 04/10/2023 0.00 167.80
68871 TALLALJS Jimy Tallal 04/10/2023 0.00 167.80
68872 TALSHA Sharon Talovic 04/10/2023 0.00 4.00
68873 TAYLORMI Mitch Taylor 04/10/2023 0.00 231.00
68874 TRIYOGA TriYoga International 04/10/2023 0.00 245.00 68875 ULTMAINT Ultimate Maintenance Services Inc 04/10/2023 0.00 7,195.00 68876 USBANK U.S. Bank 04/10/2023 0.00 37,365.13
68877 VERIZONW Verizon Wireless Services LLC 04/10/2023 0.00 3,589.12 68878 WHITLIN Lina Whitworth 04/10/2023 0.00 11,460.74
68879 XEROXFIN Xerox Corporation 04/10/2023 0.00 1,981.05 Report Total (153 checks): 0.00 932,293.74
AP Checks by Date - Summary by Check Number (4/12/2023 8:30 AM) Page 3 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 User:

Printed: 04/12/2023 - 8:30AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00068727 To: 00068879
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-3201-00 Alarm Permit Fees Sophian Hakim Reimbursement Over Paid Permit Fee 68748 4.00 Vendor Subtotal for Section 2:0000 4.00
Section 2:0000
100-0000-3431-00 Public Works Project Review F Lina Whitworth Refund- Denker 5936 Filaree Heights Project APRWF 19-060 68878 450.00 Vendor Subtotal for Section 2:0000 450.00
Section 2:0000
100-0000-3447-00 Election Fees Ryan Embree Refund- Nov'22 Election Fees 68817 167.80 Vendor Subtotal for Section 2:0000 167.80
Section 2:0000
100-0000-3447-00 Election Fees Hap Henry Refund- Nov'22 Election Fees 68829 167.80 Vendor Subtotal for Section 2:0000 167.80
Section 2:0000
100-0000-3447-00 Election Fees Marianne Riggins Refund- Nov'22 Election Fees 68857 167.80 Vendor Subtotal for Section 2:0000 167.80
Section 2:0000
100-0000-3447-00 Election Fees Bill Sampson Refund- Nov'22 Election Fees 68860 167.80 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 1 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 167.80
Section 2:0000
100-0000-3447-00 Election Fees Doug Stewart Refund- Nov'22 Election Fees 68870 167.80 Vendor Subtotal for Section 2:0000 167.80
Section 2:0000
100-0000-3447-00 Election Fees Jimy Tallal Refund- Nov'22 Election Fees 68871 167.80 Vendor Subtotal for Section 2:0000 167.80
Section 2:0000
100-0000-3461-00 Municipal Facility Use Fee Malibu Country Estates HOA Refund Fees- Malibu City Hall Staffing 68764 73.50 Vendor Subtotal for Section 2:0000 73.50
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Kimberly Batarse Refund- Aquatics Cancelled Due to Pool Closures 68736 137.50 Vendor Subtotal for Section 2:0000 137.50
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Anne Brown Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68802 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Lesley Budacz Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68803 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Mila Clarke Refund- Aquatics Cancelled Due to Pool Closures 68741 103.24 Vendor Subtotal for Section 2:0000 103.24
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Bridget Crocker Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68809 110.00 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 2 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Adam Csapo Refund- Lifeguard Certification Course Cancelled Mar’23 68811 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Raffi Dermenjian Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68815 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Gail Firth Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68820 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Cindy Fu Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68821 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Sandor Gal Refund- March Lifeguard Certification Course Cancelled 68745 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Alexander Hall Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68827 180.00 Vendor Subtotal for Section 2:0000 180.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Clytie Lane Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68837 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Laura Lazar Refund- Aquatics Cancelled Due to Pool Closures 68761 137.50 Vendor Subtotal for Section 2:0000 137.50
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 3 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Bethany Mayer Refund- Aquatics Program Cancelled Due to Pool Closures 68767 137.50 Vendor Subtotal for Section 2:0000 137.50
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Jules Morriss Refund- Aquatics Cancelled Due to Pool Closures 68770 137.50 Vendor Subtotal for Section 2:0000 137.50
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Sue Murphree Refund- Aquatics Cancelled Due to Pool Closures 68772 280.24 Vendor Subtotal for Section 2:0000 280.24
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Victoria O'Toole Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68849 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Bianca Paquette Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68850 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Juliana Reis Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68855 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Bob Shorr Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68863 77.00 Vendor Subtotal for Section 2:0000 77.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Ingrid Shoshan Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68864 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Kimberly Sichta Refund- Aquatics Cancelled Due to Pool Closures 68784 271.24 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 4 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 271.24
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Mia Skelton Ref- Malibu Aquatics Cancelled Due to Pool Closures 1/30-2/12/23 68865 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Mitch Taylor Ref- (3) Malibu Aquatics Cancelled/Pool Closures 1/30-2/12/23 68873 231.00 Vendor Subtotal for Section 2:0000 231.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Celeste Grundman Refund- Musical Theater Camp Cancelled / Transfer to Soccer Camp 68826 40.00 Vendor Subtotal for Section 2:0000 40.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Mayra Makabi Refund- Musical Theater Camp Cancelled 68842 220.00 Vendor Subtotal for Section 2:0000 220.00
Section 2:0000
100-0000-3470-00 Community Classes Scott Carpenter Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68805 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Rose Cossette Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68808 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Christina Galioto Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68822 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Olga Leventis Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68838 25.00 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 5 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Helen Litz Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68839 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Harley Martin Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68843 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Mike Marquart Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68844 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Michelle Mohilef Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68847 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Alexa Parashos Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68851 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Dana Phillips Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68853 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Katrina Rohe Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68858 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Haylen Short Refund- Parent and Me Soccer Cancelled Due to Weather 3/16/23 68862 25.00 Vendor Subtotal for Section 2:0000 25.00
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 6 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3470-00 Community Classes Rachael Sokoloff Refund- Breakdance Workshop 68785 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:3001
100-3001-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -117.99 Vendor Subtotal for Section 2:3001 -117.99
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maintenance - Feb'23 68795 418.50 Vendor Subtotal for Section 2:3001 418.50
Section 2:3001
100-3001-5200-00 Tree Maintenance Newbury Park Tree Service Inc Tree Maintenance Services - Storm Response Mar'23 68774 9,788.75 Vendor Subtotal for Section 2:3001 9,788.75
Section 2:3001
100-3001-6160-00 Operating Supplies U.S. Bank PW-8679 D’Amores Pizza - Lunch for Burns Storm Crew 68876 74.47 Vendor Subtotal for Section 2:3001 74.47
Section 2:3008
100-3008-4205-00 Life Insurance Standard Insurance Company N2 PR 30.03.2023 Life Insurance-Senehi 68730 12.21 Vendor Subtotal for Section 2:3008 12.21
Section 2:3008
100-3008-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -146.25 Vendor Subtotal for Section 2:3008 -146.25
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 7 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Section 2:3008
100-3008-5100-00 Professional Services Kimley-Horn and Associates Inc Grant Assistance Feb'23 68752 1,728.52 Vendor Subtotal for Section 2:3008 1,728.52
Section 2:3008
100-3008-5100-00 Professional Services Moffatt & Nichol FEMA Consult Svcs - Preliminary Maps 1/29/23 - 2/25/23 68769 1,692.50 Vendor Subtotal for Section 2:3008 1,692.50
Section 2:3008
100-3008-5125-00 Traffic Engineering Kimley-Horn and Associates Inc Task 6. Bonsall/ Las Flores Feb'23 68832 525.00 100-3008-5125-00 Traffic Engineering Kimley-Horn and Associates Inc General - Kanan Dume Striping Feb'23 68832 1,569.75 Vendor Subtotal for Section 2:3008 2,094.75
Section 2:3008
100-3008-5340-00 Transportation & Mileage Brandie Ayala Reimbursement-Mileage Applicants Briefing 3/1/23 68800 55.54 Vendor Subtotal for Section 2:3008 55.54
Section 2:3008
100-3008-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Public Works 68788 60.60 Vendor Subtotal for Section 2:3008 60.60
Section 2:4001
100-4001-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -128.61 Vendor Subtotal for Section 2:4001 -128.61
Section 2:4001
100-4001-5401-00 Advertising & Noticing U.S. Bank CS-7084 Peach Jar - Youth Commission 23/24 Recruitment Flyer 68876 50.00 Vendor Subtotal for Section 2:4001 50.00
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 8 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Section 2:4001
100-4001-5721-00 Telephone Verizon Wireless Services LLC Cell Phone Service 2/24/23 - 3/23/23 68877 27.97 Vendor Subtotal for Section 2:4001 27.97
Section 2:4001
100-4001-6160-00 Operating Supplies U.S. Bank CS-1673 Amazon Return - Photo Data Storage 68876 -59.99 100-4001-6160-00 Operating Supplies U.S. Bank CS-2054 When I Work - Monthly Scheduling 68876 100.00 100-4001-6160-00 Operating Supplies U.S. Bank CS-2169 Todoist - Monthly Subscription 68876 36.00 100-4001-6160-00 Operating Supplies U.S. Bank CS-3637 Amazon - General Recreation Supplies 68876 47.30 Vendor Subtotal for Section 2:4001 123.31
Section 2:4002
100-4002-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -30.73 Vendor Subtotal for Section 2:4002 -30.73
Section 2:4002
100-4002-5300-00 Travel and Training U.S. Bank CS-2054 SCPPOA - Aquatic Training 68876 20.00 100-4002-5300-00 Travel and Training U.S. Bank CS-7118 SCPPOA - Agency Training Fee 68876 20.00 Vendor Subtotal for Section 2:4002 40.00
Section 2:4002
100-4002-5330-00 Dues & Memberships U.S. Bank CS-7118 Kahoot - Salary and Fee Survey Data 68876 29.00 Vendor Subtotal for Section 2:4002 29.00
Section 2:4002
100-4002-6160-00 Operating Supplies U.S. Bank CS-7118 SCPPOA - Salary and Fee Survey Data 68876 25.00 Vendor Subtotal for Section 2:4002 25.00
Section 2:4003
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 9 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 100-4003-6160-00 Operating Supplies U.S. Bank CS-1673 Satellite Phone Store - Phone Service for Charmlee Park 68876 72.79 Vendor Subtotal for Section 2:4003 72.79
Section 2:4004
100-4004-6160-00 Operating Supplies U.S. Bank CS-2054 NCSI - Background Checks (Surf Day Camp Instructors) 68876 166.50 Vendor Subtotal for Section 2:4004 166.50
Section 2:4006
100-4006-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -21.52 Vendor Subtotal for Section 2:4006 -21.52
Section 2:4006
100-4006-5401-00 Advertising & Noticing U.S. Bank CS-2054 Canva - Monthly Membership 68876 24.95 Vendor Subtotal for Section 2:4006 24.95
Section 2:4006
100-4006-6160-00 Operating Supplies U.S. Bank CS-7118 Ogden - Tablecloth Dry Cleaners (2) 68876 90.00 Vendor Subtotal for Section 2:4006 90.00
Section 2:4007
100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor Payment - Winter Barre Fitness (3) 1/9/23 - 3/27/23 68806 378.00 100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor Payment - Winter Hip Hop (7) 1/9/23 - 3/27/23 68806 882.00 100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor Payment - Winter Ballet 1/9/23 - 3/27/23 68806 770.00 Vendor Subtotal for Section 2:4007 2,030.00
Section 2:4007
100-4007-5107-00 Contract Personnel Nicholas Andrew Garcia Instructor Payment - Winter Chess 1/10/23 - 3/21/23 68823 1,722.00 Vendor Subtotal for Section 2:4007 1,722.00
Section 2:4007
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 10 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 100-4007-5107-00 Contract Personnel Parker-Anderson Enrichment Instructor Payment - Winter Animal Adventures 1/11/23 - 3/22/23 68852 1,554.00 Vendor Subtotal for Section 2:4007 1,554.00
Section 2:4007
100-4007-5107-00 Contract Personnel Round Star West LLC Instructor Payment - Winter Soccer 1/12/23 - 3/23/23 68859 1,907.50 Vendor Subtotal for Section 2:4007 1,907.50
Section 2:4007
100-4007-5107-00 Contract Personnel Christian Smith Instructor Payment - Winter Musical Theater 1/12/23 - 3/23/23 68867 3,003.00 Vendor Subtotal for Section 2:4007 3,003.00
Section 2:4007
100-4007-5401-00 Advertising & Noticing Brian Shore Banners - Spring Program 68791 164.25 Vendor Subtotal for Section 2:4007 164.25
Section 2:4007
100-4007-6160-00 Operating Supplies U.S. Bank CS-3637 Amazon - Community Classes Supplies 68876 300.92 Vendor Subtotal for Section 2:4007 300.92
Section 2:4008
100-4008-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -24.23 Vendor Subtotal for Section 2:4008 -24.23
Section 2:4008
100-4008-5107-00 Contract Personnel ART Trek, Inc Instructor Payment - Art Trek Workshop Mar’23 68799 175.00 Vendor Subtotal for Section 2:4008 175.00
Section 2:4008
100-4008-5107-00 Contract Personnel Jackline Yafai Daneshrad Instructor Payment - Cardio Sala and Stretch Mar’23 68812 100.00 Vendor Subtotal for Section 2:4008 100.00
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 11 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Section 2:4008
100-4008-5107-00 Contract Personnel Laura DeMieri Fercano Instructor Payment - Choir Mar’23 68819 340.00 Vendor Subtotal for Section 2:4008 340.00
Section 2:4008
100-4008-5107-00 Contract Personnel TriYoga International Instructor Payment - Chair and Matt Yoga Mar’23 68874 245.00 Vendor Subtotal for Section 2:4008 245.00
Section 2:4008
100-4008-5340-00 Transportation & Mileage Amanda Rigali Reimbursement- Mileage Mar'23 68856 32.88 Vendor Subtotal for Section 2:4008 32.88
Section 2:4008
100-4008-6160-00 Operating Supplies U.S. Bank CS-7084 Senior Center Supplies 68876 478.96 100-4008-6160-00 Operating Supplies U.S. Bank CS-3637 Amazon - Senior Center Supplies 68876 13.13 100-4008-6160-00 Operating Supplies U.S. Bank CS-2054 Senior Center Supplies 68876 1,211.85 Vendor Subtotal for Section 2:4008 1,703.94
Section 2:4010
100-4010-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -59.65 Vendor Subtotal for Section 2:4010 -59.65
Section 2:4010
100-4010-5100-00 Professional Services Landscape Development, Inc. City Parks and City Hall Landscape Maintenance - Mar'23 68818 27,136.10 Vendor Subtotal for Section 2:4010 27,136.10
Section 2:4010
100-4010-5100-00 Professional Services Ultimate Maintenance Services Inc City Parks Janitorial Services - Mar'23 68875 2,845.00 Vendor Subtotal for Section 2:4010 2,845.00
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 12 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Equestrian Park - Rain Damage Cleanup - Mar'23 68818 1,540.00 Vendor Subtotal for Section 2:4010 1,540.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Athaco Inc. Charmlee Wilderness Park Signage 68841 250.11 Vendor Subtotal for Section 2:4010 250.11
Section 2:4010
100-4010-5130-00 Parks Maintenance U.S. Bank CS-2169 Credit for City Park Call Boxes 68876 -44.30 Vendor Subtotal for Section 2:4010 -44.30
Section 2:4010
100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Trancas - Monthly Septic Maintenance Mar’23 68771 275.00 100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Las Flores - Monthly Septic Maintenance Mar’23 68771 120.00 Vendor Subtotal for Section 2:4010 395.00
Section 2:4010
100-4010-5610-00 Facility Maintenance U.S. Bank CS-2481 Park Facilities Maintenance 68876 335.73 Vendor Subtotal for Section 2:4010 335.73
Section 2:4010
100-4010-5710-00 Facilities Rent National Construction Rentals, Inc Bluffs Park Portable Toilet Rentals 3/9/23 - 4/5/23 68773 940.80 Vendor Subtotal for Section 2:4010 940.80
Section 2:4010
100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Cross Creek 1/4/23 - 3/8/23 Acct# 29649953 68758 1,907.01 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - PCH Median 1/4/23 - 3/8/23 Acct# 29152979 68758 275.02 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Equestrian Park 1/11/23 - 3/15/23 Acct# 29156963 68758 458.36 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Equestrian Park 1/11/23 - 3/15/23 Acct# 29156414 68758 632.54 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Broad Beach Scenic Sign 1/18/23 - 3/21/23 Acct# 29159504 68836 91.67 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Charmlee Park 1/17/23 - 3/20/23 Acct# 29158670 68836 693.29 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Trancas Park 1/17/23 - 3/20/23 Acct# 26948084 68836 1,023.93 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 13 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 5,081.82
Section 2:4010
100-4010-6160-00 Operating Supplies U.S. Bank CS-2481 Roadside Lumber - Supplies for Signage and Display Cases 68876 15.23 Vendor Subtotal for Section 2:4010 15.23
Section 2:4010
100-4010-6300-00 Repair & Maint. Supplies U.S. Bank CS-2481 Park Equipment Parts 68876 89.86 Vendor Subtotal for Section 2:4010 89.86
Section 2:4011
100-4011-6160-00 Operating Supplies U.S. Bank CS-7118 Ogden / Amazon Sports Operating Supplies 68876 215.02 100-4011-6160-00 Operating Supplies U.S. Bank CS-7084 Special Events Supplies - Art Exhibit + Chumash Day 68876 83.13 100-4011-6160-00 Operating Supplies U.S. Bank CS-1673 Cal State Site Svcs - Backstop Extension Removal 68876 830.00 100-4011-6160-00 Operating Supplies U.S. Bank CS-3637 Special Events Supplies 68876 390.80 Vendor Subtotal for Section 2:4011 1,518.95
Section 2:4012
100-4012-5107-00 Contract Personnel Dorothy Gray Winter Poetry Workshop 2/18/23 68747 150.00 Vendor Subtotal for Section 2:4012 150.00
Section 2:4012
100-4012-5107-00 Contract Personnel Sonia Kazarova Art Exhibition Opening Reception Performance 3/26/23 68831 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:4012
100-4012-5107-00 Contract Personnel Pink Street, LLC Spring Poetry Workshop - Caffeinated Verse 3/18/23 68854 50.00 Vendor Subtotal for Section 2:4012 50.00
Section 2:4012
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 14 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 100-4012-6160-00 Operating Supplies Brian Shore Banners/Posters/Labels for Art Show 68791 277.04 Vendor Subtotal for Section 2:4012 277.04
Section 2:4012
100-4012-6160-00 Operating Supplies U.S. Bank CS-7084 Malibu Arts Supplies 68876 733.17 Vendor Subtotal for Section 2:4012 733.17
Section 2:7001
100-7001-5104-00 Lobbyist Services California Strategies & Advocacy LLC Lobbying Services Mar'23 68738 12,500.00 Vendor Subtotal for Section 2:7001 12,500.00
Section 2:7001
100-7001-6170-00 Events U.S. Bank CM-1386 Smart&Final - Council Work Plan Workshop Beverages 68876 114.13 Vendor Subtotal for Section 2:7001 114.13
Section 2:7002
100-7002-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -107.27 Vendor Subtotal for Section 2:7002 -107.27
Section 2:7002
100-7002-5100-00 Professional Services Azur CART & Captioning Remote Closed Captioning Services - Mar'23 68801 1,782.00 Vendor Subtotal for Section 2:7002 1,782.00
Section 2:7002
100-7002-6160-00 Operating Supplies U.S. Bank CM-0665 Media Operating Supplies - Twilio, Wowza, USPS, Uline 68876 326.17 100-7002-6160-00 Operating Supplies U.S. Bank CM-2962 iPhone Backup Storage and Associated Press Subscription 68876 24.19 Vendor Subtotal for Section 2:7002 350.36
Section 2:7002
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 15 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 100-7002-6165-00 Website Services Icon Enterprises Inc Website Renewal and Annual DNS/Domain Hostage Fee 68740 2,771.94 Vendor Subtotal for Section 2:7002 2,771.94
Section 2:7002
100-7002-6170-00 Events U.S. Bank CM-2962 Facebook Ads for City Events 3/9/23 and 3/11/23 68876 259.88 Vendor Subtotal for Section 2:7002 259.88
Section 2:7002
100-7002-7600-00 Other Equip/Furniture U.S. Bank CM-0665 Walmart - City Council Microphone 68876 284.70 Vendor Subtotal for Section 2:7002 284.70
Section 2:7003
100-7003-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -169.70 Vendor Subtotal for Section 2:7003 -169.70
Section 2:7003
100-7003-6160-00 Operating Supplies Riverside Rubber Stamp & Engraving CM Stamps 68781 150.15 Vendor Subtotal for Section 2:7003 150.15
Section 2:7003
100-7003-6160-00 Operating Supplies U.S. Bank AS-5448 Survey Monkey Annual Subscription 68876 300.00 Vendor Subtotal for Section 2:7003 300.00
Section 2:7005
100-7005-5103-00 Criminal Prosecution Dapeer Rosenblit & Litvak LLP City Prosecutor Svc Feb'23 68813 35.00 Vendor Subtotal for Section 2:7005 35.00
Section 2:7007
100-7007-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -40.07 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 16 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7007 -40.07
Section 2:7007
100-7007-5100-00 Professional Services NextRequest Annual Subscription to Net File/Public Records Request System 68775 13,646.44 Vendor Subtotal for Section 2:7007 13,646.44
Section 2:7007
100-7007-5100-00 Professional Services U.S. Bank CC-2343 Dropbox Feb’23 / Veribook Passport Appt Services Mar'23 68876 86.28 Vendor Subtotal for Section 2:7007 86.28
Section 2:7007
100-7007-5150-00 Elections LA Co Registrar Recorder/Cty Clerk Nov 8, 2022 General Municipal Election Operation 68835 26,956.27 100-7007-5150-00 Elections LA Co Registrar Recorder/Cty Clerk Candidate Statement Printing - 2022 Election 68835 1,501.20 Vendor Subtotal for Section 2:7007 28,457.47
Section 2:7007
100-7007-6160-00 Operating Supplies ARC Document Solutions LLC Nameplates for City Council Meetings 68798 260.63 Vendor Subtotal for Section 2:7007 260.63
Section 2:7021
100-7021-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -75.60 Vendor Subtotal for Section 2:7021 -75.60
Section 2:7021
100-7021-5100-00 Professional Services Kevin Mauch Parking Citation Hearing Officer - Mar’23 68766 90.00 100-7021-5100-00 Professional Services Kevin Mauch Parking Citation Hearing Officer - Feb’23 68766 120.00 100-7021-5100-00 Professional Services Kevin Mauch Parking Citation Hearing Officer - Apr'23 68845 120.00 Vendor Subtotal for Section 2:7021 330.00
Section 2:7021
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 17 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 100-7021-5100-00 Professional Services Newbury Park Tree Service Inc Removal of Hazardous Trees Mar'23 68848 28,547.61 Vendor Subtotal for Section 2:7021 28,547.61
Section 2:7021
100-7021-5100-00 Professional Services U.S. Bank CC-2343 Veribook Fire Inspection Appointment Services Mar’23 68876 32.28 Vendor Subtotal for Section 2:7021 32.28
Section 2:7021
100-7021-5119-00 Homeless Outreach and Support Ocean Park Community Center Homeless Services - Outreach and Housing Navigation Feb'23 68779 25,489.00 Vendor Subtotal for Section 2:7021 25,489.00
Section 2:7021
100-7021-5340-00 Transportation & Mileage Susan Duenas Reimbursement Mileage - LASD CM Educational Seminar in Cerritos 68744 59.21 Vendor Subtotal for Section 2:7021 59.21
Section 2:7021
100-7021-5721-00 Telephone U.S. Bank IT-4175 Starlink Internet for Public Safety 68876 500.00 Vendor Subtotal for Section 2:7021 500.00
Section 2:7021
100-7021-5721-00 Telephone Verizon Wireless Services LLC Cell Phone Service 2/24/23 - 3/23/23 68877 155.00 Vendor Subtotal for Section 2:7021 155.00
Section 2:7021
100-7021-6160-00 Operating Supplies 4imprint Inc 11006158/4945109 - CERT Team Hats 68796 638.70 Vendor Subtotal for Section 2:7021 638.70
Section 2:7021
100-7021-6160-00 Operating Supplies U.S. Bank PS-4213 Centerpoint Radius Map for Temporary Impound Yard 68876 375.00 100-7021-6160-00 Operating Supplies U.S. Bank PS-4095 Operating Supplies - KRW, California Contract, 2Modern 68876 3,293.14 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 18 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 3,668.14
Section 2:7021
100-7021-6160-01 VOP Operating Supplies U.S. Bank PS-4213 VOP - Battery Junction/ Engineer Supply 68876 196.00 Vendor Subtotal for Section 2:7021 196.00
Section 2:7021
100-7021-6400-00 Clothing & Emergency Gear U.S. Bank PS-4095 Supply Cache - PPE for Fire Safety Liaisons 68876 1,830.17 100-7021-6400-00 Clothing & Emergency Gear U.S. Bank PS-2785 Clothing - Cold Weather and Fire Jackets 68876 949.82 Vendor Subtotal for Section 2:7021 2,779.99
Section 2:7054
100-7054-4205-00 Life Insurance Standard Insurance Company N2 PR 30.03.2023 Life Insurance-S. Flores 68730 8.60 Vendor Subtotal for Section 2:7054 8.60
Section 2:7054
100-7054-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -146.86 Vendor Subtotal for Section 2:7054 -146.86
Section 2:7054
100-7054-5100-00 Professional Services Hinderliter, deLlamas, & Assoc Sales Tax Management/Audit Svcs - Q3/2022 68828 1,453.44 Vendor Subtotal for Section 2:7054 1,453.44
Section 2:7054
100-7054-5100-00 Professional Services Lance,Soll&Lunghard CPA's, LLP Historical GANN Limit AUP Services 68759 9,500.00 Vendor Subtotal for Section 2:7054 9,500.00
Section 2:7054
100-7054-5100-00 Professional Services State Controller's Office FY 21/22 Annual Street Report Preparation 68789 3,594.78 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 19 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7054 3,594.78
Section 2:7054
100-7054-5117-00 Film Permit Consultant Solid Waste Solutions, Inc. Film Permits - Mar'23 68868 39,320.72 Vendor Subtotal for Section 2:7054 39,320.72
Section 2:7054
100-7054-5210-00 Service Fees & Charges Anawalt Lumber Co., Inc Service Fee for Late Payment 68797 2.79 Vendor Subtotal for Section 2:7054 2.79
Section 2:7054
100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 68788 11.46 100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 68869 26.94 Vendor Subtotal for Section 2:7054 38.40
Section 2:7058
100-7058-4205-00 Life Insurance Standard Insurance Company N2 PR 30.03.2023 Life Insurance-Gamero-Delgadillo 68730 -12.21 Vendor Subtotal for Section 2:7058 -12.21
Section 2:7058
100-7058-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -114.23 Vendor Subtotal for Section 2:7058 -114.23
Section 2:7058
100-7058-5320-00 Recruitment Expense Charles McCrory Background Check - Accounting Clerk 68768 450.00 Vendor Subtotal for Section 2:7058 450.00
Section 2:7058
100-7058-5320-00 Recruitment Expense U.S. Bank PS-4095 Ollo - Lunch for Interview Panel 68876 99.32 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 20 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 100-7058-5320-00 Recruitment Expense U.S. Bank CS-7118 Santa Monica College - Career Fair Booth 3/21/23 68876 150.00 100-7058-5320-00 Recruitment Expense U.S. Bank HR-5076 Recruitment Ad APWA - Assistant/Associate Civil Engineer 68876 375.00 Vendor Subtotal for Section 2:7058 624.32
Section 2:7058
100-7058-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - HR 68788 71.24 Vendor Subtotal for Section 2:7058 71.24
Section 2:7059
100-7059-4205-00 Life Insurance Standard Insurance Company N2 PR 30.03.2023 Life Insurance-Rounding 68730 -0.05 Vendor Subtotal for Section 2:7059 -0.05
Section 2:7059
100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -29.34 100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD-Rounding 68730 0.05 Vendor Subtotal for Section 2:7059 -29.29
Section 2:7059
100-7059-5210-00 Service Fees & Charges Public Agency Retirement Srvcs PARS Admin Fee - Jan'23 68777 300.00 Vendor Subtotal for Section 2:7059 300.00
Section 2:7059
100-7059-5721-00 Telephone Verizon Wireless Services LLC Cell Phone Service 2/24/23 - 3/23/23 68877 3,406.15 Vendor Subtotal for Section 2:7059 3,406.15
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease-HHZ171515-B8170 2/22/23 - 3/21/23 68879 684.37 100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - C8155 2/22/23 - 3/21/23 68879 516.84 100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease-C70-E2B109326 2/20/23 - 3/19/23 68879 779.84 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 21 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7059 1,981.05
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - IT 68788 155.47 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 68788 470.47 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non-Departmental 68869 31.51 Vendor Subtotal for Section 2:7059 657.45
Section 2:7059
100-7059-6160-00 Operating Supplies U.S. Bank IT-4175 Operating Supplies 68876 -461.84 Vendor Subtotal for Section 2:7059 -461.84
Subtotal for Section 1: 100 260,118.13
Section 1: 101
Section 2:0000
101-0000-3203-00 Building Permits Jennifer Denker Refund-37008 Denker 5936 Filaree Heights Project PVWF 19-188 68814 4,535.90 Vendor Subtotal for Section 2:0000 4,535.90
Section 2:0000
101-0000-3209-00 Grading/Drainage Permit Fees Jennifer Denker Refund-37008 Denker 5936 Filaree Heights Project PVWF 19-188 68814 410.00 Vendor Subtotal for Section 2:0000 410.00
Section 2:0000
101-0000-3408-00 Biology Review Fees Kenneth Schapiro Refund- Schapiro 29431 Bluewater Rd OCWF 23-003 68861 430.00 Vendor Subtotal for Section 2:0000 430.00
Section 2:0000
101-0000-3409-00 Document Retention Fee Jennifer Denker Refund-37008 Denker 5936 Filaree Heights Project PVWF 19-188 68814 24.00 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 22 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 24.00
Section 2:0000
101-0000-3410-00 Building Plan Check Fees Lina Whitworth Refund- Denker 5936 Filaree Heights Project APRWF 19-060 68878 8,139.67 Vendor Subtotal for Section 2:0000 8,139.67
Section 2:0000
101-0000-3410-01 Admin Plan Ck Processing Fee Lina Whitworth Refund- Denker 5936 Filaree Heights Project APRWF 19-060 68878 51.25 Vendor Subtotal for Section 2:0000 51.25
Section 2:0000
101-0000-3412-00 Geo Soils Engineering Fees Lina Whitworth Refund- Denker 5936 Filaree Heights Project APRWF 19-060 68878 1,016.00 Vendor Subtotal for Section 2:0000 1,016.00
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe Jennifer Denker Refund-36855 Denker 5936 Filaree Heights Project 68814 APRWF 19-060 454.00 Vendor Subtotal for Section 2:0000 454.00
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe Lina Whitworth Refund- Denker 5936 Filaree Heights Project APRWF 19-060 68878 454.00 Vendor Subtotal for Section 2:0000 454.00
Section 2:0000
101-0000-3416-00 Code Enforcement Investigatio Sharon Talovic Refund- CE202110003 - Overpaid on Check #3173 68872 4.00 Vendor Subtotal for Section 2:0000 4.00
Section 2:0000
101-0000-3419-00 Credit Card Fees Lina Whitworth Refund- Denker 5936 Filaree Heights Project APRWF 19-060 68878 293.82 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 23 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 293.82
Section 2:0000
101-0000-3421-00 Planning Review Fees Lester Tobias Architecture Refund- OC23-084 Level 2 Fee - Application Withdrawn 68840 378.00 Vendor Subtotal for Section 2:0000 378.00
Section 2:0000
101-0000-3421-00 Planning Review Fees Lina Whitworth Refund- Denker 5936 Filaree Heights Project APRWF 19-060 68878 1,056.00 Vendor Subtotal for Section 2:0000 1,056.00
Section 2:0000
101-0000-3427-00 Technology Enhancement Fee Jennifer Denker Refund-37008 Denker 5936 Filaree Heights Project PVWF 19-188 68814 346.22 Vendor Subtotal for Section 2:0000 346.22
Section 2:0000
101-0000-3435-00 Admin Permit Processing Fee Jennifer Denker Refund-37008 Denker 5936 Filaree Heights Project PVWF 19-188 68814 153.75 Vendor Subtotal for Section 2:0000 153.75
Section 2:2001
101-2001-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -436.98 Vendor Subtotal for Section 2:2001 -436.98
Section 2:2001
101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant Services Nov'22 68780 7,021.75 Vendor Subtotal for Section 2:2001 7,021.75
Section 2:2001
101-2001-5100-00 Professional Services U.S. Bank CC-2343 Veribook Planning Appointment Services Mar’23 68876 32.28 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 24 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 32.28
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6200 Cavalleri Rd - APR 22-037 68753 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6375 Gayton Pl - APR 21-016 68754 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 29147.5 Heathercliff Rd - APR 22-061 68755 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6162 La Gloria Dr - APR 22-055 68756 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5628 Calpine Dr - DMW 22-014 68833 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 29407 Bluewater Rd - DMW 20-017 68834 75.00 Vendor Subtotal for Section 2:2001 450.00
Section 2:2001
101-2001-5300-00 Travel and Training U.S. Bank PL-5265 Cal Cities - Planning Commissioner Training 68876 375.00 Vendor Subtotal for Section 2:2001 375.00
Section 2:2001
101-2001-5330-00 Dues & Memberships U.S. Bank PL-5265 Zoom Subscription 68876 15.66 Vendor Subtotal for Section 2:2001 15.66
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 68743 147.87 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 68810 276.73 Vendor Subtotal for Section 2:2001 424.60
Section 2:2001
101-2001-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Planning 68869 74.79 Vendor Subtotal for Section 2:2001 74.79
Section 2:2004
101-2004-4205-00 Life Insurance Standard Insurance Company N2 PR 30.03.2023 Life Insurance-Schultz 68730 8.60 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 25 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2004 8.60
Section 2:2004
101-2004-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -253.80 Vendor Subtotal for Section 2:2004 -253.80
Section 2:2004
101-2004-5100-00 Professional Services True North Compliance Services, Inc. Inspections - Feb'23 68792 3,120.00 101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - Feb'23 68792 11,320.96 Vendor Subtotal for Section 2:2004 14,440.96
Section 2:2004
101-2004-5300-00 Travel and Training U.S. Bank ESD-7736 Hyatt Regency 68876 432.00 Vendor Subtotal for Section 2:2004 432.00
Section 2:2004
101-2004-5330-00 Dues & Memberships U.S. Bank ESD-7736 American Concrete Institute - ACI Membership 68876 279.00 Vendor Subtotal for Section 2:2004 279.00
Section 2:2004
101-2004-6400-00 Clothing & Emergency Gear Mitch Gamble Reimbursement- Boot Barn Work Boots 68746 296.30 Vendor Subtotal for Section 2:2004 296.30
Section 2:2010
101-2010-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -57.04 Vendor Subtotal for Section 2:2010 -57.04
Section 2:2010
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 26 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 101-2010-5100-00 Professional Services Cotton,Shires & Associates,Inc EH Reviews Feb'23 68742 22,755.50 Vendor Subtotal for Section 2:2010 22,755.50
Section 2:2012
101-2012-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -129.69 Vendor Subtotal for Section 2:2012 -129.69
Section 2:3003
101-3003-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -88.36 Vendor Subtotal for Section 2:3003 -88.36
Section 2:3003
101-3003-5100-00 Professional Services Larry Walker Associates, Inc EWMP/CIMP Update - Feb'23 68760 3,136.50 Vendor Subtotal for Section 2:3003 3,136.50
Section 2:3003
101-3003-5100-00 Professional Services Rincon Consultants, Inc On-call Environmental Services - Jan'23 68780 22,540.00 101-3003-5100-00 Professional Services Rincon Consultants, Inc On-call Environmental Services - Feb'23 68780 25,725.25 Vendor Subtotal for Section 2:3003 48,265.25
Section 2:3003
101-3003-5100-02 CIMP Tetra Tech Inc CIMP Monitoring 1/28/23 - 2/24/23 68790 26,631.72 Vendor Subtotal for Section 2:3003 26,631.72
Section 2:3003
101-3003-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - ESD 68869 86.29 Vendor Subtotal for Section 2:3003 86.29
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 27 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 101 141,506.94
Section 1: 102
Section 2:3002
102-3002-5100-02 Fire Rebuilds - Planning 4LEAF, Inc Woolsey Fire Contract Planner - Feb'23 68732 21,906.27 Vendor Subtotal for Section 2:3002 21,906.27
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Counter Hours - Woolsey Fire Feb'23 68742 6,031.75 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc EH Review - Woolsey Fire Feb'23 68742 6,717.50 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Geo Review - Woolsey Fire Feb'23 68742 8,614.50 Vendor Subtotal for Section 2:3002 21,363.75
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD True North Compliance Services, Inc. Woolsey Fire Rebuild Plan Review - Feb'23 68792 10,402.74 102-3002-5100-03 Fire Rebuilds - ESD True North Compliance Services, Inc. Woolsey Fire Rebuild Inspections - Feb'23 68792 1,040.00 Vendor Subtotal for Section 2:3002 11,442.74
Section 2:3002
102-3002-5100-19 Professional Svcs (COVID-19) U.S. Bank CM-0665 Zoom - Monthly Subscription and Webinar 68876 301.04 Vendor Subtotal for Section 2:3002 301.04
Section 2:9212
102-9212-5100-00 Broad Beach Rd Water Quality JTEC Corporation Broad Beach Biofiltration Repair 12/1/22 - 1/23/23 68751 14,273.05 Vendor Subtotal for Section 2:9212 14,273.05
Section 2:9216
102-9216-5100-00 Westward Beach Rd Shoulder Rep m6 Consulting Inc. Westward Beach Road Drainage Repairs Feb'23 68762 2,084.75 Vendor Subtotal for Section 2:9216 2,084.75
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 28 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 102 71,371.60
Section 1: 103
Section 2:9050
103-9050-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -27.29 Vendor Subtotal for Section 2:9050 -27.29
Section 2:9050
103-9050-5100-00 Professional Services Pacific Coast Elevator Corp. City Hall Elevator/Lift Maint 4/1/23 - 6/30/23 68734 791.04 Vendor Subtotal for Section 2:9050 791.04
Section 2:9050
103-9050-5100-00 Professional Services Landscape Development, Inc. City Hall - Air Vent Work Dec'22 68818 350.00 Vendor Subtotal for Section 2:9050 350.00
Section 2:9050
103-9050-5100-00 Professional Services Ultimate Maintenance Services Inc City Hall Janitorial Services - Apr'23 68875 4,350.00 Vendor Subtotal for Section 2:9050 4,350.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance F.L.C., Inc Invoice Corrected - Back Flow Repair 2/28/23 68733 60.00 Vendor Subtotal for Section 2:9050 60.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Anawalt Lumber Co., Inc City Hall Facilities Maintenance Supplies 68735 76.61 Vendor Subtotal for Section 2:9050 76.61
Section 2:9050
103-9050-5610-00 Facilities Maintenance Climatec LLC HVAC IT Repair 68807 1,801.32 Vendor Subtotal for Section 2:9050 1,801.32
Section 2:9050
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 29 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 103-9050-5610-00 Facilities Maintenance Emergency Lighting Equipment Service Company Inc EM Lighting PM Biannual Inspection 68816 1,400.00 Vendor Subtotal for Section 2:9050 1,400.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Landscape Development, Inc. City Hall - Irrigation Repairs Feb'23 68818 1,049.50 Vendor Subtotal for Section 2:9050 1,049.50
Section 2:9050
103-9050-5610-00 Facilities Maintenance G.I. Industries City Hall - Green Waste Apr’23 68824 54.23 Vendor Subtotal for Section 2:9050 54.23
Section 2:9050
103-9050-5610-00 Facilities Maintenance HD Supply Facilties Maintenance, Ltd City Hall - Janitorial Supplies 68749 281.40 103-9050-5610-00 Facilities Maintenance HD Supply Facilties Maintenance, Ltd City Hall - Janitorial Suppies 68830 315.47 Vendor Subtotal for Section 2:9050 596.87
Section 2:9050
103-9050-5610-00 Facilities Maintenance Master Cooling Corporation City Hall - HVAC Repairs Boiler 68765 1,260.00 103-9050-5610-00 Facilities Maintenance Master Cooling Corporation City Hall HVAC Repairs 68765 2,356.58 103-9050-5610-00 Facilities Maintenance Master Cooling Corporation City Hall Boiler Repair 68765 5,623.50 Vendor Subtotal for Section 2:9050 9,240.08
Section 2:9050
103-9050-5610-00 Facilities Maintenance U.S. Bank AS-7465 City Hall Facilities Maintenance 68876 13.38 Vendor Subtotal for Section 2:9050 13.38
Section 2:9050
103-9050-6160-00 Operating Supplies W.W. Grainger,Inc City Hall - First Aid Replenishment 68825 87.44 Vendor Subtotal for Section 2:9050 87.44
Section 2:9050
103-9050-6160-00 Operating Supplies Smash Athletics Inc Work Shirts 68866 165.71 Vendor Subtotal for Section 2:9050 165.71
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 30 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Section 2:9050
103-9050-6160-00 Operating Supplies U.S. Bank AS-7465 City Hall First Aid Supplies 68876 58.53 Vendor Subtotal for Section 2:9050 58.53
Subtotal for Section 1: 103 20,067.42
Section 1: 203
Section 2:3009
203-3009-5100-00 Professional Services U.S. Bank CS-2054 4Imprint - Dial A Ride Promotional Items 68876 3,555.28 Vendor Subtotal for Section 2:3009 3,555.28
Section 2:3009
203-3009-5145-00 Dial A Ride Services U.S. Bank CS-7084 4Imprint - Dial A Ride Promotional Items 68876 1,113.02 Vendor Subtotal for Section 2:3009 1,113.02
Section 2:3009
203-3009-5145-00 Dial A Ride Services Ventura Transit System, Inc. City of Malibu Dial-A-Ride Program Feb'23 68793 6,033.50 Vendor Subtotal for Section 2:3009 6,033.50
Subtotal for Section 1: 203 10,701.80
Section 1: 207
Section 2:3004
207-3004-5100-00 Professional Services FC Management Services, Inc. Electronic/Universal Waste Recycling 68778 250.00 Vendor Subtotal for Section 2:3004 250.00
Section 2:3004
207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Under Invoiced - Clean Bay Inspections 68786 1,740.00 207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Under Invoiced - Clean Bay Inspections 68786 90.50 207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Solid Waste Consultant Feb'23 68786 363.00 207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Under Invoiced - Clean Bay Inspections 68786 2,523.50 207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Under Invoiced - Clean Bay Inspections 68786 928.00 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 31 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Under Invoiced - Clean Bay Inspections 68786 2,604.00 Vendor Subtotal for Section 2:3004 8,249.00
Section 2:3004
207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Correction - Dumpster Lid Enforcement 68786 2,112.00 207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Over Invoiced - Dumpster Lid Enforcement 68786 -2,523.50 207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Correction - Dumpster Lid Enforcement 68786 271.50 207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Over Invoiced - Dumpster Lid Enforcement 68786 -362.00 207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Dumpster Lid Enforcement Feb'23 68786 181.00 207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Over Invoiced - Dumpster Lid Enforcement 68786 -1,740.00 207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Over Invoiced - Dumpster Lid Enforcement 68786 -928.00 207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Over Invoiced - Dumpster Lid Enforcement 68786 -4,716.00 Vendor Subtotal for Section 2:3004 -7,705.00
Section 2:3004
207-3004-6160-00 Operating Supplies U.S. Bank ESD-9405 Earthly Goods - Personalized Seed Packs 68876 445.00 Vendor Subtotal for Section 2:3004 445.00
Subtotal for Section 1: 207 1,239.00
Section 1: 215
Section 2:7070
215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer - MCLE 3/22/23 - 4/18/23 68794 3,577.21 Vendor Subtotal for Section 2:7070 3,577.21
Subtotal for Section 1: 215 3,577.21
Section 1: 310
Section 2:9066
310-9066-5100-00 Professional Services Kimley-Horn and Associates Inc Design for PCH Signal Synch System Feb'23 68752 21,104.08 Vendor Subtotal for Section 2:9066 21,104.08
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 32 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Section 2:9066
310-9066-5100-00 Professional Services NV5 Inc. PCH Signal Sync Projects Jan'23 68776 10,020.75 Vendor Subtotal for Section 2:9066 10,020.75
Section 2:9072
310-9072-5100-00 Professional Services J & H Engineering General Contractors Inc Marie Canyon Green Streets Improvements 8/23/22-1/27/23 68750 241,300.95 Vendor Subtotal for Section 2:9072 241,300.95
Subtotal for Section 1: 310 272,425.78
Section 1: 500
Section 2:7008
500-7008-5100-00 Professional Services Landscape Development, Inc. Legacy Park Landscape Maintenance/Liners - Mar'23 68818 16,089.90 Vendor Subtotal for Section 2:7008 16,089.90
Section 2:7008
500-7008-5130-00 Park Maintenance Burns Pacific Construction Inc Legacy Park - Sidewalk Paver Repairs 2/21/23 - 2/22/23 68804 3,694.72 Vendor Subtotal for Section 2:7008 3,694.72
Section 2:7008
500-7008-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Legacy Park 1/4/23-3/8/23 Acct# 29648060 68758 886.86 500-7008-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Legacy Park 1/4/23-3/8/23 Acct# 29648063 68758 187.38 500-7008-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Supercare Pharmacy 1/4/23-3/8/23 Acct# 29152982 68758 183.34 Vendor Subtotal for Section 2:7008 1,257.58
Subtotal for Section 1: 500 21,042.20
Section 1: 515
Section 2:3010
515-3010-5656-00 Water Quality Test/Monitoring Rincon Consultants, Inc CCWWTF Water Quality Monitoring Services Feb'23 68780 4,508.75 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 33 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3010 4,508.75
Subtotal for Section 1: 515 4,508.75
Section 1: 601
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance U.S. Bank AS-2163 City Fleet Maintenance Supplies 68876 366.72 601-3005-6330-00 Vehicle Repair & Maintenance U.S. Bank PW-8679 Fleet Maintenance 68876 3,856.40 Vendor Subtotal for Section 2:3005 4,223.12
Section 2:3005
601-3005-6500-00 Motor Fuels Wright Express FSC Wex Bank Gas Receipts - 2/24/23 - 3/23/23 68739 1,475.72 Vendor Subtotal for Section 2:3005 1,475.72
Section 2:3005
601-3005-6500-00 Motor Fuels U.S. Bank CS-7433 Fleet Fuel 68876 166.19 601-3005-6500-00 Motor Fuels U.S. Bank PW-1571 Fleet Fuel 68876 69.78 601-3005-6500-00 Motor Fuels U.S. Bank PW-9093 Feet Fuel 68876 319.83 601-3005-6500-00 Motor Fuels U.S. Bank PW-8679 Fleet Fuel 68876 271.00 601-3005-6500-00 Motor Fuels U.S. Bank CS-2481 Fleet Fuel 68876 228.92 Vendor Subtotal for Section 2:3005 1,055.72
Subtotal for Section 1: 601 6,754.56
Section 1: 602
Section 2:7060
602-7060-4209-00 Disability Insurance Standard Insurance Company N2 PR 30.03.2023 STD/LTD 68730 -90.74 Vendor Subtotal for Section 2:7060 -90.74
Section 2:7060
602-7060-5100-00 Professional Services U.S. Bank IT-5921 Progent - Consultant Services 68876 1,207.14 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 34 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7060 1,207.14
Section 2:7060
602-7060-5300-00 Travel and Training U.S. Bank IT-5921 San Diego Conference Travel and Training 68876 295.52 Vendor Subtotal for Section 2:7060 295.52
Section 2:7060
602-7060-5721-00 Telephone Charter Communications Holdings, LLC City Hall Internet 3/20/23 - 4/19/23 68787 209.98 Vendor Subtotal for Section 2:7060 209.98
Section 2:7060
602-7060-6120-00 Computer Software < $1,000 U.S. Bank IT-4175 Windows + Microsoft Computer Software 68876 2,214.95 602-7060-6120-00 Computer Software < $1,000 U.S. Bank IT-5921 Software - Subscriptions, Cloud Services, Firewall 68876 4,285.47 Vendor Subtotal for Section 2:7060 6,500.42
Section 2:7060
602-7060-6160-00 Operating Supplies U.S. Bank IT-5921 Seton - Permanent Labels 68876 310.12 Vendor Subtotal for Section 2:7060 310.12
Section 2:7060
602-7060-7400-00 Computer Equipment U.S. Bank CM-0665 Apple - City Council iPads (4) 68876 1,457.02 602-7060-7400-00 Computer Equipment U.S. Bank IT-5921 Amazon - LLC Fiber Patch Cables 68876 53.64 602-7060-7400-00 Computer Equipment U.S. Bank IT-4175 Computer Equipment 68876 1,550.62 Vendor Subtotal for Section 2:7060 3,061.28
Subtotal for Section 1: 602 11,493.72
Section 1: 710
Section 2:0000
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 35 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 710-0000-2270-12 Parks - Security Deposits Malibu Country Estates HOA Refund Fees- Malibu City Hall 10/22/23 and 3/18/23 68764 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Martin Sheen Refund Fees - Malibu Bluffs Park Activity Room 68783 50.00 Vendor Subtotal for Section 2:0000 50.00
Section 2:0000
710-0000-2270-44 Library Event Malibu Foundation for Youth & Families Boys and Girls Club Malibu - Library Set Aside Funds 68737 25,000.00 Vendor Subtotal for Section 2:0000 25,000.00
Section 2:0000
710-0000-2270-44 Library Event Santa Monica - Malibu Unified School District Malibu High School Library Set Aside Funds - Tools/Databases 68782 14,226.90 710-0000-2270-44 Library Event Santa Monica - Malibu Unified School District Malibu High School Library Set Aside Funds - Canon Copiers 68782 11,142.30 Vendor Subtotal for Section 2:0000 25,369.20
Section 2:0000
710-0000-2270-44 Library Event U.S. Bank CS-7084 Library Speaker Series - Refreshments 68876 7.86 Vendor Subtotal for Section 2:0000 7.86
Section 2:0000
710-0000-2270-51 Land Development Survey Review Mabante Property Management Refund- CDP 15-069 / 29140 Cliffside Dr. - Compliance Review 68763 201.25 Vendor Subtotal for Section 2:0000 201.25
Section 2:0000
710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 29049 Cliffside Dr Dec'22 68846 675.00 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 6300 Zuma Mesa Dec'23 68846 1,181.25 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 6191 Murphy Way Dec'23 68846 1,125.00 Vendor Subtotal for Section 2:0000 2,981.25
Section 2:0000
710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Sept'22 68757 67.00 AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 36 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount 710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Aug'22 68757 29.00 710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Jul’22 68757 255.00 Vendor Subtotal for Section 2:0000 351.00
Section 2:0000
710-0000-2271-27 Sea View Hotel Project Rincon Consultants, Inc Sea View Hotel Initial Study Jun'21 68780 8,076.25 710-0000-2271-27 Sea View Hotel Project Rincon Consultants, Inc Sea View Hotel Initial Study May'21 68780 6,778.75 710-0000-2271-27 Sea View Hotel Project Rincon Consultants, Inc Sea View Hotel Initial Study Jul'21 68780 4,378.75 710-0000-2271-27 Sea View Hotel Project Rincon Consultants, Inc Sea View Hotel Initial Study Apr'21 68780 5,961.25 Vendor Subtotal for Section 2:0000 25,195.00
Subtotal for Section 1: 710 79,355.56
Section 1: 900
Section 2:0000
900-0000-2025-00 Life Insurance Standard Insurance Company N2 PR Batch 70016.03.2023 Life Insurance 68730 1,083.55 Vendor Subtotal for Section 2:0000 1,083.55
Section 2:0000
900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70002.03.2023 STD/LTD-Voided 68730 -28.92 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70030.03.2023 STD/LTD 68730 2,957.29 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70102.03.2023 STD/LTD 68730 25.99 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70016.03.2023 STD/LTD 68730 2,969.68 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70002.03.2023 STD/LTD 68730 2,936.98 Vendor Subtotal for Section 2:0000 8,861.02
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70030.03.2023 PARS - ER Share 68731 194.34 900-0000-2041-00 PARS U.S. Bank PR Batch 70030.03.2023 PARS - EE Share 68731 926.72 Vendor Subtotal for Section 2:0000 1,121.06
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 37 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75 Account Number Description Vendor Description Check No Amount Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70023.03.2023 ER Contribution to ICMA 68728 50.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70030.03.2023 ER Contribution to ICMA 68728 3,000.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70030.03.2023 ICMA Def Comp - Flat Amount 68728 10,842.02 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70030.03.2023 ICMA Def Comp - % of Salary 68728 1,218.19 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70023.03.2023 ICMA Def Comp - Flat Amount 68728 100.00 Vendor Subtotal for Section 2:0000 15,210.21
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70030.03.2023 ICMA Loan Program 68728 973.23 Vendor Subtotal for Section 2:0000 973.23
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70030.03.2023 ICMA - City Manager 68729 542.31 Vendor Subtotal for Section 2:0000 542.31
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70030.03.2023 Income Withholding Order-Calif 68727 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 28,131.07
Report Total: 932,293.74
AP-Transactions by Account (04/12/2023 - 8:30 AM) Page 38 DocuSign Envelope ID: CD185EF3-3E7C-4B1B-B12E-F6FC83EA4A75

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Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: April 12, 2023 Meeting date: April 24, 2023 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the March 14, 2022 Malibu City Council Regular meeting.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2022-2023. This is part of normal staff operations.

DISCUSSION: Staff has prepared draft minutes for the Council meeting of March 14, 2022.

ATTACHMENTS:

March 14, 2022 Regular meeting
City Council Meeting
04-24-23
Item

3.B.3.

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
MARCH 14, 2022

TELECONFERENCED - VARIOUS LOCATIONS
6:30 P.M.

The following meeting was held pursuant to AB 361 and fully teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.

MEETING CALL TO ORDER
Mayor Grisanti called the meeting to order at 6:00 p.m.

ROLL CALL
The following persons were recorded in attendance via teleconference by the Recording Secretary:

PRESENT: Mayor Paul Grisanti; Mayor Pro Tem Bruce Silverstein; and Councilmembers Karen Farrer, Mikke Pierson, and Steve Uhring

PUBLIC COMMENT ON CLOSED SESSION
Speaker: None.

RECESS TO CLOSED SESSION
At 6:01 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):

1. Mani MBI (DE), LLC, et al. v. City of Malibu, et al.

Los Angeles Superior Court Case No. 22STCP00213

REGULAR SESSION CALL TO ORDER
Mayor Grisanti called the meeting to order at 6:37 p.m.

ROLL CALL
The following persons were recorded in attendance via teleconference by the Recording Secretary:

PRESENT: Mayor Paul Grisanti; Mayor Pro Tem Bruce Silverstein; and Councilmembers Karen Farrer, Mikke Pierson, and Steve Uhring
Malibu City Council
Minutes of March 14, 2022

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ALSO PRESENT: John Cotti, Interim City Attorney; Steve McClary, Interim City Manager; Ruth Quinto, Interim Assistant City Manager/City Treasurer; Jesse Bobbett, Community Services Director; Richard Mollica, Planning Director; Yolanda Bundy, Environmental Sustainability Director; Rob DuBoux, Public Works Director; Kelsey Pettijohn, Acting City Clerk; Christine Wood, Deputy City Attorney; Susan Dueñas, Public Safety Manager; Elizabeth Shavelson, Assistant to the City Manager; and Chris Brossard, Fire Safety Liaison

PLEDGE OF ALLEGIANCE
Mayor Grisanti led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Cotti reported that the meeting convened at 6:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(1), with all Councilmembers present. He stated the Council took no reportable action and recessed at 6:20 p.m. until the beginning of the Regular Session.

APPROVAL OF AGENDA
MOTION Mayor Grisanti moved, and Councilmember Farrer seconded a motion to hear Item No. 2.A. after Item No. 7.C.

The Council discussed the motion and directed questions to staff.

Mayor Grisanti withdrew the motion.

MOTION Councilmember Pierson moved, and Councilmember Uhring seconded a motion to approve the agenda, removing Item No. 7.A. The question was called, and the motion carried unanimously.

Councilmember Uhring suggested adjourning in memory of Johnny Fain.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on December 30, 2021, with the amended agenda posted on January 3, 2022.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Proclamation Declaring March 2022 as American Red Cross Month Mayor Grisanti presented the proclamation to American Red Cross Board Member Neil Goldberg.

Mr. Goldberg thanked the Council for the proclamation and discussed the American Malibu City Council
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Red Cross’s work in the City and worldwide.

ITEM 2.A. PUBLIC COMMENTS
Bill Sampson discussed Item No. 7.A. and stated he had heard accusations that the proposed removal of Georgia Goldfarb from her position on the Parks and Recreation Commission was based on her gender and that political attacks against Mayor Pro Tem Silverstein were antisemitic. He requested the Council honor Walt and Lucille Keller. He discussed Pacaso properties and requested the Council address fractional ownership properties.

Jo Drummond discussed Mayor Grisanti’s meeting with the Consul General of the State of Qatar, that Mayor Grisanti had not appointed any female Commissioners, and Mayor Grisanti’s vote to appoint a man to the Santa Monica Mountains Conservancy Advisory Committee over Patt Healy. She stated Mayor Grisanti’s first real estate transaction took advantage of an elderly woman and discussed his vote to appoint himself Mayor over Mayor Pro Tem Silverstein. She stated Councilmember Pierson was trying to appoint a younger man over Georgia Goldfarb. She stated Mayor Grisanti should step down or be removed from the Mayor position.

Rosemarie Ihde discussed Mayor Grisanti’s meeting with the Consul General of the State of Qatar. She discussed her neighbor’s difficulties in obtaining a permit from the City.

Scott Good stated he was in Maine and discussed shipping lobsters to Malibu.

Suzanne Guldimann stated Commissioners served at the Council’s will, but discrimination based on age and gender was illegal. She stated Georgia Goldfarb was told she was being replaced by a younger man who had young children. She discussed Ms. Goldfarb’s service on the Parks and Recreation Commission.

Georgia Goldfarb stated she has not resigned from the Parks and Recreation Commission and she would like to continue to serve. She stated Councilmember Pierson had not expressed unsatisfaction with her service until she supported the tradition rotation of the Mayorship. She discussed the parks and recreation priorities she shared with Councilmember Pierson.

John Mazza thanked the Council for recognizing Johnny Fain. He discussed Mr.

Fain’s legacy.

Ryan Embree discussed Item No. 7.A. and recommended Councilmember Pierson reconsider removing his Commissioner.

Alex Stein discussed Mayor Grisanti’s real estate transactions and the election of the Mayor. He discussed transgender rights. He stated he would campaign against Mayor Grisanti, Councilmember Pierson, and Councilmember Farrer.

Malibu City Council
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Braxton Foley discussed misogyny and lizards in Malibu.

Bryan Wellington was not present at the time of the hearing.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Lance Simmens, Public Works Commission, discussed the Public Works Commission and Public Safety Commission joint meeting to consider the Westward Beach Improvement project. He stated the Commissions had reached consensus on almost all of the issues and the project would return to the Council with the Commissions’ recommendations on March 28, 2022.

Interim City Manager McClary stated masks were no longer required at City Hall but were strongly recommended. He stated the City continued to follow all guidance from the Los Angeles County Public Health Department. He stated he participated in mediation with the Santa Monica-Malibu Unified School District (SM-MUSD) and the full school district separation team. He stated he attended a Business Roundtable meeting. He stated there would be a Special meeting on March 24, 2022 to hear recommendations from the Homelessness Task Force on alternative sleeping locations. He stated the Westward Beach Improvement Project would be brought back at the March 28, 2022 Regular meeting. He announced a Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) meeting on March 31, 2022. He discussed solar permitting and stated many solar permits could be approved same day.

Captain Joseph Fender, Los Angeles County Sheriff’s Department, discussed the DUI accident in the early morning on March 14, 2022. He discussed efforts to address speeding and stated the traffic deputies recently wrote 87 citations in one weekend for egregious speeding in and around Malibu.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Mayor Pro Tem Silverstein discussed gender equity and stated he did not know who had decided to proclaim March as Red Cross Awareness Month when it was also Women’s History Month. He discussed letters in The Malibu Times deriding Councilmember Pierson’s intention to replace his Parks and Recreation Commissioner. He discussed the investigation into the false allegations that he was guilty of gender based treatment of the former City Manager. He stated Councilmember Uhring and he were the only Councilmember’s who had appointed more than one female Commissioner. He stated he intended to appoint Jo Drummond to the Public Works Commission to replace Jim Palmer in order to help with the gender equity divide. He called on his fellow Councilmembers to appoint more female Commissioners. He discussed resident objections to using the City’s Heathercliff lot as a temporary day use impound yard. He discussed Mayor Grisanti’ s meeting with the Consul General of the State of Qatar and Jo Drummond’s public records request for all records related to that meeting. He Malibu City Council
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_________________________
discussed school district separation and questioned why he was not on the School District Separation Ad Hoc Committee when school district separation efforts were likely to result in litigation and he could bring expertise as a lawyer.

Councilmember Farrer thanked Mr. Goldberg and the American Red Cross. She thanked Captain Fender and Mr. Simmens for their reports. She stated she had appointed two female Commissioners. She stated she had heard from many residents who wanted the Malibu Film Society events to be allowed to continue.

She discussed staff turnover in the Planning Department. She stated she attended the weekly School District Separation team meeting and mediation with SMMUSD. She stated the City had Deputy City Attorney Christine Wood representing the City in school district separation efforts. She stated she had been working on school district separation for many years and Councilmember Pierson had attended Malibu schools and sent his own children to Malibu schools. She stated she attended the Malibu High School talent show Masque as a judge. She stated she had been working with the Las Virgenes-Malibu Council of Governments (COG) Executive Director Terry Dipple as the COG President.

Councilmember Pierson discussed the accusations of sexism, ageism, antisemitism, and ageism. He stated he had a long talk with Georgia Goldfarb and had left her a message asking to talk again. He stated he attended a Clean Power Alliance (CPA) meeting, mediation with SM-MUSD, and an Administration and Finance Subcommittee meeting. He stated he attended the Malibu High School talent show Masque as a judge. He discussed his efforts to support revising the temporary use permit ordinance to allow more community events, like the Malibu Film Society screenings. He stated he spoke with Captain Fender and looked forward to working with him. He stated he attended the California Contract Cities Legislative Tour and discussed the speakers at the event.

Councilmember Uhring stated he was gathering proposals for ways to recognize Walt and Lucille Keller’s contributions to the City. He discussed Jim Palmer’s decision to resign from the Public Works Commission to allow Mayor Pro Tem Silverstein to appoint a woman.

In response to Councilmember Uhring, Interim City Attorney Cotti stated staff was working on an ordinance to address fractional ownership properties.

Councilmember Uhring stated he hoped Councilmember Pierson and Georgia Goldfarb could reconcile.

Mayor Grisanti stated he attended the Malibu High School talent show Masque as a judge. He stated he attended a League of California Cities meeting. He stated he submitted a complaint to the California Department of Real Estate reporting fraction ownership properties as time shares. He stated he was a member of Smart Coast California and he had offered to donate a membership for the City of Malibu.

He stated he had not had any further contact with any representatives of Qatar and he had reported on his previous meeting under Item No. 2.C. since Councilmembers Malibu City Council
Minutes of March 14, 2022

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_________________________
are meant to report on their meeting attendance.

ITEM 3 CONSENT CALENDAR
Item No. 3.B.5. was pulled by the Council.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Pierson seconded a motion to approve the Consent Calendar, pulling Item No. 3.B.5. The question was called, and the motion carried unanimously.

The Consent Calendar consisted of the following items:

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.

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 65253-65346 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. 699 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,643,954.31. City of Malibu payroll check numbers 5213-5214 and ACH deposits were issued in the amount of $242,156.42.

3. Approval of Minutes
Recommended Action: Approve the minutes for the July 21, 2021 Malibu City Council Special meeting.

4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 21- 64, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.

6. Lease Agreement and Joint Powers Agreement between California Department of Parks and Recreation and the City of Malibu for Law Enforcement at Charmlee Wilderness Park
Recommended Action: Authorize the Mayor to execute the Lease Agreement and Joint Powers Agreement with California Department of State Parks for law enforcement at Charmlee Wilderness Park.

The following items were pulled from the consent calendar for individual consideration:

5. Construction Management Services for the Pacific Coast Highway Median Improvement Project and Pacific Coast Highway Signal Synchronization Project
Recommended Action: Authorize the Mayor to execute Professional Services Agreement with NV5, Inc. in the amount of $1,072,404.14 to perform construction management services for the Pacific Coast Highway Malibu City Council
Minutes of March 14, 2022

Page 7 of 9 ends

_________________________
(PCH) Median Improvement Project and PCH Signal Synchronization Project.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Uhring moved, and Mayor Grisanti seconded a motion to authorize the Mayor to execute Professional Services Agreement with NV5, Inc. in the amount of $1,072,404.14 to perform construction management services for the Pacific Coast Highway (PCH) Median Improvement Project and PCH Signal Synchronization Project. The question was called and the motion carried unanimously.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
None.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
A. Clean Power Alliance
Recommended Action: Receive and file a presentation from the Clean Power Alliance regarding electricity service provided to Malibu, including customer participation, rates, and billing practices.

Ted Bardacke, Clean Power Alliance Director, presented the report.

Mayor Grisanti opened the floor for public comment.

Speakers: Ryan Embree, Bobby, Stone Deprado, and Lonnie Gordon As there were no other speakers present, Mayor Grisanti returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff and Mr. Bardacke.

ITEM 7 COUNCIL ITEMS
A. Council Appointment to the Parks and Recreation Commission Recommended Action: Councilmember Pierson to make his appointment to the Parks and Recreation Commission.

Item No. 7.A. was removed from the agenda upon approval of the agenda.

B. City Council Facilitator (Councilmember Pierson)
Malibu City Council
Minutes of March 14, 2022

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_________________________
Recommended Action: At the request of Councilmember Pierson, direct the City Manager to solicit proposals for an outside facilitator to assist the City Council by conducting a team building workshop or retreat for City Councilmembers, the City Manager, and key City staff.

Councilmember Pierson presented the report.

Mayor Grisanti opened the floor for public comment.

Speakers: Jo Drummond, Bill Sampson, Alex Stein, Jefferson Wagner, Ryan Embree, Dominic Brockhaus, and Rosemarie Ihde
Suzanne Guldimann, Bryan Wellington, John Beart, and Stone Deprado were not present at the time of the hearing.

As there were no other speakers present, Mayor Grisanti returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

Councilmember Pierson withdrew the item.

C. Camp Kilpatrick (Councilmember Farrer)
Recommended Action: At the request of Councilmember Farrer, authorize the Mayor to send a letter to the Los Angeles County Board of Supervisors (BOS) in opposition to its plan to relocate secure track juvenile offenders, youth found to have committed serious offenses, from Barry J Nidorf Juvenile Hall to Camp Kilpatrick in Malibu.

Councilmember Farrer presented the report.

Mayor Grisanti opened the floor for public comment.

Speakers: Bill Sampson, Alex Stein, Jay Knight, and Derek John Beart, Stone Deprado, Dominic Brockhaus, Don Juan, and Colby Jack were not present at the time of the hearing.

As there were no other speakers present, Mayor Grisanti returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Farrer moved, and Mayor Grisanti seconded a motion to authorize the Mayor to send a letter to the Los Angeles County Board of Supervisors (BOS) in opposition to its plan to relocate secure track juvenile offenders, youth found to Malibu City Council
Minutes of March 14, 2022

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_________________________
have committed serious offenses, from Barry J Nidorf Juvenile Hall to Camp Kilpatrick in Malibu.

The Council discussed the motion.

The question was called, and the motion failed 2-1-2, Councilmember Pierson abstained and Councilmember Uhring and Mayor Pro Tem Silverstein opposed.

ADJOURNMENT
At 11:05 p.m., Councilmember Uhring moved and Mayor Pro Tem Silverstein seconded a motion to adjourn the meeting in memory of Johnny Fain. The question was called, and the motion carried unanimously.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)

Page 1 of 2 ends

Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Steve McClary, City Manager
Kelsey Pettijohn, City Clerk
Trevor Rusin, Interim City Attorney
Date prepared: April 12, 2023 Meeting date: April 24, 2023 Subject: Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
RECOMMENDED ACTION: Consider a motion to reaffirm Resolution No. 23-14, reauthorizing remote teleconferencing/virtual meetings pursuant to AB 361.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2021-2022.

DISCUSSION: On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means, including allowing councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum in the jurisdiction. The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow for complete virtual meetings until September 30, 2021.

On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. Although the states COVID-19 state of emergency ended on February 28, 2023, AB 361 will remain in City Council Meeting
04-24-23
Item

3.B.4.

Page 2 of 2 ends

Agenda Item # 3.B.4.
effect until January 1, 2024. As noted above, AB 361 authorizes public meetings to be held virtually if specified conditions are met. These conditions include when state or local officials have imposed or recommended measures to promote social distancing.

Research by staff indicates that officials continue to recommend social distancing.

Specifically, California Division of Occupational Safety and Health (“Cal/OSHA”) regulations—at Title 8 Section 3205—recommend physical distancing in the workplace as precautions against the spread of COVID-19 and impose certain restrictions and requirements due to a “close contact” which occurs when individuals are within six feet of another in certain circumstances. Relatedly, the Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of COVID-19.

In order to continue to qualify for the waiver of in-person meeting requirements under AB 361, the Council must, every 30 days, make the required findings. Thus, this item will continue to appear on the agenda to satisfy this requirement during the duration the City Council can make the required findings.

ATTACHMENTS:

Resolution No. 23-14
RESOLUTION NO. 23-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR THE

CONTINUATION OF VIRTUAL MEETINGS AND AUTHORIZING VIRTUAL

CITY COUNCIL, COMMISSION, BOARD, AND OTHER CITY MEETINGS PURSUANT TO AB 361
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to provide public access at each location in which members of the legislative body are teleconferencing; B. On September 16, 2021 the Governor signed AB 361 (in effect as of October 1, 2021 — Government Code Section 54953(e)), which allows legislative bodies to meet virtually provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees; C. The Governor’s COVID-19 state of emergency ended on February 28, 2023; D. AB 361 remains in effect until January 1, 2024;
E. AB 361 authorizes legislative bodies to continue meeting virtually if specified conditions are met. These conditions include when state or local officials have imposed or recommended measures to promote social distancing;
F. Among other measures to promote physical distancing, the California Division of Occupational Safety and Health (“Cal/OSHA”) regulations—at Title 8 Section 3205—recommend physical distancing in the workplace as precautions against the spread of COVID-19 and impose certain restrictions and requirements due to a “close contact” which occurs when individuals are within six feet of another in certain circumstances;
G. The Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of COVID19; H. To allow for physical distancing and remote meeting attendance in accordance with these recommended measures, the City Council does hereby find that the City Council and all other City bodies shall conduct its meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that the City Council and all other City bodies shall comply with the requirements to provide the public with access to the meetings electronically as prescribed in paragraph (2) of subdivision (e) of section 54953
Resolution No. 23-14

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_____________________
SECTION 2. All of the above recitals are true and correct and incorporated herein by reference.

SECTION 3. The City Council has considered the above circumstances and hereby recognizes that state and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person.

SECTION 4. The City Council and all other City bodies shall conduct public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act for remote only meetings.

SECTION 5. This Resolution shall take effect immediately upon its adoption and remain in effect for 30 days or until such time as the City Council reaffirms this resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all other legislative bodies of the City of Malibu may continue to teleconference without compliance with Government Code §54953(b)(3).

SECTION 6. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 13th day of March 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Resolution No. 23-14

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_____________________
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 23-14 was passed and adopted by the City Council of the City of Malibu at the Regular meeting thereof held on the 27th day of March 2023 by the following vote:

AYES: 5 Councilmembers: Grisanti, Riggins, Stewart, Uhring, Silverstein NOES: 0
ABSTAIN: 0
ABSENT: 0
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
City of Malibu
Memorandum

Page 1 of 1 ends

Agenda Item # 3.B.5.

To: Mayor Silverstein and the Honorable Members of the City Council From: Ruth F. Quinto, CPA, City Treasurer
Subject: Investment Report for the Month Ending March 31, 2023 RECOMMENDED ACTION: Receive and file the Investment Report for the month ending March 31, 2023.

The portfolio is in compliance with the City’s Investment Policy. The City has sufficient liquidity to meet expenditure requirements for at least six months.

This monthly Investment Report is in conformance with Government Code 53636, stating the Treasurer may render a quarterly report to the legislative body within 45 days following the end of the quarter covered by the report.

In addition to funds held on deposit at the Local Agency Investment Fund (LAIF) in the amount of $27.96 million, the investment portfolio represented by each investment category is as follows:

Cash and Cash Equivalents 8.84%
U.S. Treasury 78.66%
U.S. Agencies 0.00%
Certificates of Deposit 12.50%
Portfolio investments month to month:

Investment
Issuer/Instrument Type
February 28, 2023 February 28, 2023
Amount
(in millions) Yield %
Amount
(in millions) Yield %
LAIF Investment $67.96 2.070% 84.0% $27.96 2.87% 34.6%
Cash $ 0.05 $ 0.15 0.2%
CDs Investment $ 3.34 3.270% 4.3% $ 6.59 4.91% 8.2%
Treasury Bills Investment $ 5.00 4.688% 6.2% $41.49 4.74% 51.4% Money Market Investment $ 4.50 4.300% 5.5% $ 4.51 4.03% 5.6% Blended Yield 2.82% 4.07%
Total Duration(Years) 2.1 2.3
2-Year U.S. Treasury Note Benchmark, as of 03-31-2023: 4.06% The fair market value of all investments as of 03-31-2023 held by the City: $80,711,539.

ATTACHMENTS: City of Malibu Investment Portfolio Report for March 31, 2023 City Council Meeting
04-24-23
Item

3.B.5.

SNAPSHOT
Current period ending March 31, 2023
ACCOUNT NAME: CITY OF MALIBU

RUTH QUINTO
Your Financial Advisor:WILLIAM GOMBERG 701 S PARKER STREETPhone: 714-497-1366 SUITE 2500 ORANGE, CA 92868
If you have more than one account with us, why not link them and receive summaryinformation for your entire household? Contact Your Financial Advisor for more details.

CITY OF MALIBU Message from Our Firm RUTH QUINTO LEARN VALUABLE LIFE TIPS TO STAY ON TRACK WITH YOUR FINANCES. LISTEN TO THE 23825 STUART RANCH ROAD LATEST SEASON OF THE "WELLS FARGO ABOUT MONEY" PODCAST ON SPOTIFY OR LIFESCAPES.WELLSFARGOADVISORS.COM. MALIBU CA 90265-4861NewsSHOULD YOU NEED ADDITIONAL DETAILS ABOUT A SPECIFIC TRANSACTION REFLECTED ONYOUR STATEMENT, THE INFORMATION IS AVAILABLE ONLINE OR BY CONTACTING THECLIENT SERVICE NUMBER ON YOUR STATEMENT.

Investment and Insurance Products are: Investment products and services are offered through Wells Fargo Advisors • Not Insured by the FDIC or Any Federal Government Agency Financial Network, LLC, (WFAFN). Account(s) are carried by Wells Fargo Clearing Services, LLC (WFCS). Wells Fargo Advisors is a trade name used by WFAFN and • Not a Deposit or Other Obligation of, or Guaranteed by, the Bank or Any Bank Affiliate WFCS, Members SIPC, separate registered broker-dealers and non-bank affiliates of • Subject to Investment Risks, Including Possible Loss of the Principal Amount Invested Wells Fargo & Company.

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General instructions and disclosures About your rights and responsibilities Questions and complaints about Your Account: This account statement contains important information About this statement about your brokerage account, including recent transactions. All account statements sent to you shall be deemed Clearing services: Wells Fargo Clearing Services, LLC (WFCS), an indirect wholly owned subsidiary of Wells complete and accurate if not objected to in writing within ten days of receipt. We encourage you to review the details Fargo & Company, is a clearing broker-dealer registered with the Securities and Exchange Commission (SEC) and in this statement. If you do not understand any of the information in your statement or if you believe there are any the Municipal Securities Rulemaking Board (MSRB) and is a member of the New York Stock Exchange (NYSE), the inaccuracies or discrepancies in your statement, you should promptly report them to both WFCS and to the managerFinancial Industry Regulatory Authority (FINRA) and all principal U.S. exchanges. WFCS carries your account(s) and of the Wells Fargo Advisors Financial Network office listed on the front of your statement. To further protect your acts as your custodian for funds and securities deposited with us directly by you, through our affiliated broker-dealer, rights, including any rights under the Securities Investor Protection Act, any verbal communications with either your Wells Fargo Advisors Financial Network, LLC (Wells Fargo Advisors) or as a result of transactions WFCS processes Wells Fargo Advisors Financial Network office or with WFCS should be re-confirmed in writing. Inquiries or for your account. Twice a year, WFCS publishes on its web site a statement of the firm's www.wfclearing.com complaints about your account statement, including the positions and balances in your account, may be directed to financial condition. A financial statement of this organization is available for your personal inspection at its offices, or Wells Fargo Advisors Client Services at (866) 258-4606 or ATTN: H0005-087, 1 N. Jefferson Ave, St. Louis, MOa copy of it will be mailed upon your written request. Unless and until we receive written notice from you to the 63103. contrary, WFCS may, without inquiry or inves igation, accept from Wells Fargo Advisors (i) orders for the purchase or Public disclosure: (800) 289-9999 You may reach FINRA by calling the FINRA BrokerCheck Hotline at or by visiting sale of securities for your account on margin or otherwise, and (ii) any other instructions concerning your account. the FINRA website at An investor brochure that www.finra.org. includes information describing FINRA BrokerCheck Trade date statement and trade details: All activity and positions on this statement are shown as of the date a is available from FINRA upon request. A brochure describing the FINRA Pricing of Securities Regula ion Public trade is entered on the brokerage trading system (i.e., the trade date). Proceeds from the sale of securities and costs Disclosure Program is also available from the FINRA upon request. for the purchase of securities are not transacted through your account until the actual settlement date of the trade. MSRB disclosure: A brochure describing the protections available under MSRB rules and how to file a complaint is The time of the transactions, the name of the buyer or seller, and the source and amount of any commission or fee available at . www.MSRB.org will be furnished upon written request.

Account protection: WFCS is a member of the Securities Investor Protection Corporation (SIPC) which protects Pricing of securities: Securities prices on your statement may vary from actual liquidation value. Prices are against the loss of cash and securities held in client accounts of a SIPC member firm in the event of the member's provided by outside quotation services which we believe are reliable but due to the nature of market data the accuracy insolvency and liquidation. SIPC coverage is limited to $500,000 per customer, including up to $250,000 for cash. For cannot be guaranteed. In the absence of such pricing, prices are estimated by WFCS using available information and more information on SIPC coverage, please see the explanatory brochure at or contact SIPC at www.sipc.org (202) its judgment. Such estimates may not reflect actual trades and do not reflect a commitment by the firm to buy or sell 371-8300. In addition, WFCS maintains additional insurance coverage provided through London Underwriters (led by at those prices. Securities listed on a national exchange are priced as of the close of the statement period. Unlisted Lloyd's of London Syndicates). This additional insurance policy becomes available to clients if their SIPC limit is shares may be valued at the current best published "bid-price", and, if none exists, the last reported transaction if exhausted and provides additional protection up to a firm aggregate of $1 billion, including up to $1.9 million for cash occurring within the last 45 days. Prices of securities not actively traded may not be available and are indicated by per client. SIPC does not insure the quality of investments or protect against market losses. SIPC only protects the "N/A." Corporate and municipal bonds and other fixed income securities are priced by a computerized pricing service custody function of their members, which means that SIPC works to restore to clients their securities and cash that or, if less actively traded, by utilizing a yield-based matrix system to arrive at an estimated market value. Listed are in their accounts when the member firm liquidation begins. Not all investments are protected by SIPC. In general, options are priced based on the closing "bid-ask" prices and the last reported trade. Mutual fund shares are priced at SIPC does not cover instruments such as unregistered investment contracts, unregistered limited partnerships, fixed net asset value. Shares of direct participation program (DPP) and real estate investment trust (REIT) securities that annuity contracts, escrow receipts, direct investments, currency, commodities or related contracts, hedge funds and are not listed on a national exchange are generally illiquid. Because no trading market exists for these investments, certain other investments. their values are estimated. Unless otherwise indicated, the values shown for DPP and REIT securities have been provided by the management of each program and represent that management's estimate of the investor's interest in Free credit balances: Free credit balances are not segregated and may be used by WFCS in the operation of its the net assets of the program. See statement sections for additional pricing information. Values for hedge funds and business in accordance with applicable laws and regulations. You have the right to receive from us in the course ofcertain managed futures funds are provided on a month delay basis. Other managed futures funds may be priced normal business operations, subject to any open commitments in any of your accounts, any free credit balances to more frequently. Long-term certificates of deposit (maturity beyond one year from date of issue) are priced using a which you are entitled.market value pricing model. The sale or redemption price of your securities may be higher or lower than the prices Investment objectives/Risk tolerances: Please inform us promptly of any material change that might affect shown on your statement. For an actual quote, contact the individual servicing your account. your investment objectives, risk tolerances or financial situation, or if you wish to impose or change any reasonable Estimated annual income/yield: Estimated Annual Income (EAI), when available, reflects the estimated amount restrictions on the management of your account. A copy of the Investment Advisory Services Disclosure document is you would earn on a security if your current position and its related income remained constant for a year. Estimated available without charge upon request. Please contact the individual denoted on the front of your statement to update Annual Yield (EAY), when available, reflects the current estimated annual income divided by the current value of the your information and to receive a copy of this document.security as of the statement closing date. EAI and EAY are estimates and the actual income and yield might be lower Option accounts: Pursuant to FINRA Rule 2360, option assignment notices are randomly allocated by an or higher than the estimated amounts. EAY reflects only the income generated by an investment. It does not reflect automated process amongst all client short option positions that are subject to exercise, including posi ions changes in its price, which may fluctuate. The information used to derive these estimates is obtained from various established on the day of assignment. Transaction confirmations that were previously furnished to you provides outside vendors; WFCS and Wells Fargo Advisors Financial Network, LLC are not responsible for incorrect or information on commissions and other charges related to your option transaction executions. Details of our random missing estimated annual income and yields. Past performance is not a guarantee of future results. allocation procedures and copies of transaction confirmations are available upon request.

Income summary: The Income summary displays all income as recorded in the tax system as of period end date.

The totals in the Cash flow snapshot may not match the totals in the Income snapshot due to reclassifications orother corrections made in the tax system. Remember, you may have certain products that are not included in thesefigures and whose income is only available on the tax forms sent to you at year-end. Reclassifications and other tax reporting requirements may alter these numbers both during and after year end. You should rely only on tax reporting documents. Contact your tax advisor if you have any questions about the tax consequences of your brokerage activity.

Texas designation: If you are a resident of Texas who has purchased mutual fund shares, you may designate a representative to receive notification to assist in avoiding escheatment of assets in your investment account to theState of Texas. The designated representative does not have any rights to your account. Please use the TexasUnclaimed Property link ( ) t https://claimittexas.org/ o access the Designation of Representative for Notice Request form which you may complete and return to us at or ATTN: H0006-08K, 1 N. Jefferson Ave, St. Louis, MO 63103 return by email at . [email protected]
Tax reporting: We are required by federal law to report annually to you and to the Internal Revenue Service (IRS) on Form(s) 1099 interest income, dividend payments and sales proceeds including cost basis information forapplicable transactions credited to your account.

SNAPSHOT Page 2 of 24
CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Cash flow summary THIS PERIOD THIS YEAR
Opening value of cash and sweep balances $49,980.73Income and distributions 170,424.38 175,314.39Securities sold and redeemed 5,010,522.44 5,010,522.44Electronic funds transfers 40,000,000.00 50,000,000.00Net additions to cash $45,180,946.82 $55,185,836.83Securities purchased -45,077,676.88 -55,078,420.68Net subtractions from cash -$45,077,676.88 -$55,078,420.68Closing value of cash and sweep balances $153,250.67 Income summary * THIS PERIOD THIS YEAR
TAXABLE Money market/sweep funds 6,933.17 8,815.63
Interest 152,968.77 155,976.32Ordinary dividends and ST capital gains 10,522.44 10,522.44Total taxable income $170,424.38 $175,314.39Total federally tax-exempt income $0.00 $0.00Total income $170,424.38 $175,314.39 * Certain distributions made in he current year are reported as prior year income according to IRS regulations. This may cause a difference between Cash Flow and IncomeSummary totals.

Gain/loss summary UNREALIZED THIS PERIOD REALIZED THIS YEAR REALIZED Short term (S) -177,890.17 0.00 0.00Long term (L) -135,952.18 0.00 0.00Total -$313,842.35 $0.00 $0.00

SNAPSHOT
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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Your Financial Advisor Client service information
WILLIAM GOMBERG 701 S PARKER STREET Client service: 800-266-6263 Phone: 714-497-1366 SUITE 2500 Website: www.wellsfargoadvisors.com ORANGE, CA 92868 Account profile
Full account name: CITY OF MALIBU

RUTH QUINTO
Account type: Brokerage Cash Services For your consideration Go paperless. Accessing your account documents online is easy, secure, andcosts nothing. Sign on at , go to and select wellsfargoadvisors.com Portfolio Tax status: Non-Profit Statements & Docs Delivery Preferences , and then click on the link. Choose Investment objective/Risk tolerance:* CONSERVATIVE INCOME Paperless - All Docs or view your Delivery Settings details to select specific Time horizon:* INTERMEDIATE (3-5 YEARS) account documents for paperless delivery. If you do not have a Username and Liquidity needs:* MODERATE Password, visit or call 1-877-879-2495 for wellsfargoadvisors.com/signup Cost Basis Election: First in, First out enrollment assistance.

Sweep option: ALLSPRING GOVERNMENT MONEY
MARKET Document delivery status
*For more information, please visit us at: www.wellsfargoadvisors.com/disclosures Paper Electronic Statements: X Available funds Trade confirmations: X
Cash 142,500.00 Tax documents: XMoney market and sweep funds 10,750.67 Shareholder communications: XAvailable for loan 0.00 Other documents: XYour total available funds $153,250.67

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Bond maturity schedule % OF MATURING IN: AMOUNT MATURING CURRENT VALUE MATURING VALUE under 1 year 14,367,000.00 14,151,570.73 28.89 37,500,00 1 to 5 years 35,369,000.00 33,931,719.88 71.116 to 10 years 0.00 0.00 0.00 25,000,00 11 to 15 years 0.00 0.00 0.00
16 to 20 years 0.00 0.00 0.0021 to 30 years 0.00 0.00 0.00 12,500,00 over 30 years 0.00 0.00 0.00Total $49,736,000.00 $48,083,290.61 100.00% 0 under 1 1 - 5 6 - 10 11 - 15 16 - 20 21 - 30 Over 30
Years
Additional information

THIS PERIOD THIS YEAR THIS PERIOD THIS YEAR
Accrued interest on purchases -135,244.62 -135,244.62 Gross proceeds 5,010,522.44 5,010,522.44 Portfolio detailCash and Sweep BalancesSweep Balances - You have the right, in the course of normal business operations, to withdraw balances in the Bank Deposit Sweep Program(s) or redeem shares of the money market mutual fund used in the sweep, subject to any open commitments in any of your accounts and have the proceeds returned to your accounts or remitted to you. The moneymarket mutual funds in the sweep reserve the right to require one or more day's prior notice before permitting withdrawals.

Money Market Mutual Fund - Funds seek to preserve a value at $1.00 per share, but it is possible to lose money by investing in these funds. Investments in money market funds arenot bank deposits and are not insured by the FDIC or any other government agency. They are instead covered by SIPC. Estimated Annual Yield on money market funds, when available, reflects the current estimated yield for the Interest Period dates displayed. For more complete information, including fees, expenses and risks, please request a prospectus from Your Financial Advisor.
% OF CURRENT EST MATED ESTIMATED CURRENT
DESCRIPTION ACCOUNT MARKET VALUE ANNUAL INCOME YIELD (%) Cash 0.27 142,500.00 0.00 N/AALLSPRING 0.02 10,750.67 445.00 4.14GOVERNMENT MONEY MARKETInterest Period 03/01/23 - 03/31/23Total Cash and Sweep Balances 0.29 $153,250.67 $445.00 072 ANCA ANC9
Amount Maturing

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Fixed Income SecuritiesCorporate and municipal bonds and other fixed income securities are priced by a computerized pricing service or, for less actively traded issues, by utilizing a yield-based matrixsystem to arrive at an estimated market value.Government Bonds

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) US TREASURYBILLDUE 06/20/23DTD 02/21/23CUSIP 912797FP7Acquired 03/15/23 S nc 7.51 4,000,000 98.81 3,952,453.68 98.9940 3,959,760.00 7,306.32 N/A N/A N/AUS TREASURYBILLDUE 08/10/23DTD 08/11/22CUSIP 912796XY0Acquired 02/09/23 S nc 9.54 5,117,000 97.72 5,000,743.80 98.3190 5,030,983.23 30,239.43 N/A N/A N/AUS TREASURYNOTESCPN 0.250% DUE 09/30/23DTD 09/30/21 FC 03/31/22Moody AAA CUSIP 91282CDA6Acquired 03/15/23 S 7.42 4,000,000 97.94 3,917,677.00 97.8510 3,914,040.00 -3,637.00 27.47 10,000 0.25 US TREASURYNOTESCPN 2.125% DUE 03/31/24DTD 03/31/17 FC 09/30/17Moody AAA CUSIP 912828W71Acquired 03/15/23 S 7.40 4,000,000 98.15 3,926,128.24 97.5930 3,903,720.00 -22,408.24 233.52 85,000 2.17 US TREASURYNOTESCPN 0.375% DUE 09/15/24DTD 09/15/21 FC 03/15/22Moody AAA CUSIP 91282CCX7Acquired 03/15/23 S 7.16 4,000,000 95.07 3,802,819.52 94.4800 3,779,200.00 -23,619.52 692.93 15,000 0.39 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Fixed Income SecuritiesGovernment Bonds continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) US TREASURYNOTESCPN 1.750% DUE 03/15/25DTD 03/15/22 FC 09/15/22Moody AAA CUSIP 91282CED9Acquired 03/15/23 S 7.25 4,000,000 96.35 3,854,194.52 95.6480 3,825,920.00 -28,274.52 3,233.70 70,000 1.82 US TREASURYNOTESCPN 3.500% DUE 09/15/25DTD 09/15/22 FC 03/15/23Moody AAA CUSIP 91282CFK2Acquired 03/15/23 S 7.51 4,000,000 99.85 3,994,132.00 99.0420 3,961,680.00 -32,452.00 6,467.40 140,000 3.53 US TREASURYNOTESCPN 2.250% DUE 03/31/26DTD 03/31/19 FC 09/30/19Moody AAA CUSIP 9128286L9Acquired 03/15/23 S 7.25 4,000,000 96.38 3,855,382.00 95.6360 3,825,440.00 -29,942.00 247.25 90,000 2.35 US TREASURYNOTESCPN 0.750% DUE 08/31/26DTD 08/31/21 FC 02/28/22Moody AAA CUSIP 91282CCW9Acquired 03/15/23 S 6.85 4,000,000 91.07 3,643,007.00 90.3750 3,615,000.00 -28,007.00 2,608.69 30,000 0.82 US TREASURYNOTESCPN 2.500% DUE 03/31/27DTD 03/31/22 FC 09/30/22Moody AAA CUSIP 91282CEF4Acquired 03/15/23 S 7.24 4,000,000 96.45 3,858,132.00 95.5070 3,820,280.00 -37,852.00 274.73 100,000 2.61 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Fixed Income SecuritiesGovernment Bonds continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) US TREASURYNOTESCPN 3.125% DUE 08/31/27DTD 08/31/22 FC 02/28/23Moody AAA CUSIP 91282CFH9Acquired 03/15/23 S 3.51 1,894,000 98.59 1,867,461.42 97.8120 1,852,559.28 -14,902.14 5,146.74 59,188 3.19 Total Government Bonds 78.66 43,011,000 $41,672,131.1 $41,488,582.51 -$183,548.67 $18,932.43 $599,188 1.44 8 nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS.Certificates of DepositLong-term certificates of deposit (maturity beyond one year from date of issue) are priced using a market value pricing model.

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) NEXBANK SSB CDDALLAS TX ACT/365FDIC INSDCPN 5.000% DUE 06/20/23DTD 03/22/23 FC 06/20/23CUSIP 653344BX8Acquired 03/14/23 S nc 0.47 250,000 100.00 250,000.00 99.9960 249,990.00 -10.00 342.47 12,500 5.00VALLEY NATL BK WAYNE CDWAYNE NJ ACT/365FDIC INSDCPN 5.150% DUE 09/18/23DTD 03/17/23 FC 09/18/23CUSIP 919853HV6Acquired 03/14/23 S nc 0.47 250,000 100.00 250,000.00 100.0520 250,130.00 130.00 529.11 12,875 5.14 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Fixed Income SecuritiesCertificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) MORGAN STANLEY PVT BK CDPURCHASE NY ACT/365FDIC INSDCPN 3.550% DUE 12/06/23DTD 12/06/18 FC 06/06/19CUSIP 61760ASZ3Acquired 11/28/18 L 0.47 250,000 100.00 250,000.00 98.9470 247,367.50 -2,632.50 2,820.55 8,875 3.58 BANK HOPE CDLOS ANGELES CA ACT/365FDIC INSUREDCPN 5.250% DUE 12/26/23DTD 03/24/23 FC 12/26/23CUSIP 062683HE0Acquired 03/14/23 S nc 0.47 250,000 100.00 250,000.00 100.0680 250,170.00 170.00 287.67 13,125 5.24BEAL BANK USA CDLAS VEGAS NV ACT/365FDIC INSDCPN 4.750% DUE 02/21/24DTD 02/22/23 FC 02/21/24CUSIP 07371DRD1Acquired 02/09/23 S nc 0.47 250,000 100.00 250,000.00 99.6520 249,130.00 -870.00 1,236.30 11,875 4.76SANTANDER BANK NA CDWILMINGTON DE ACT/365FDIC INSDCPN 5.250% DUE 03/15/24DTD 03/17/23 FC 03/15/24CUSIP 80280JVQ1Acquired 03/15/23 S nc 0.47 250,000 100.00 250,000.00 100.1140 250,285.00 285.00 539.39 13,125 5.24 WEBBANK CDSALT LAKE CITY UTACT/365FDIC INSUREDCPN 5.250% DUE 03/19/24DTD 03/20/23 FC 03/19/24CUSIP 947547US2Acquired 03/15/23 S nc 0.47 250,000 100.00 250,000.00 100.1190 250,297.50 297.50 431.51 13,125 5.24 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Fixed Income SecuritiesCertificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) BARCLAYS BANK/DELAWAR CDWILMINGTON DE ACT/365FDIC INSDCPN 5.400% DUE 03/21/24DTD 03/22/23 FC 03/21/24CUSIP 06740KRN9Acquired 03/14/23 S nc 0.48 250,000 100.00 250,000.00 100.2630 250,657.50 657.50 369.87 13,500 5.38CITIZENS BANK NA/RI CDPROVIDENCE RI ACT/365FDIC INSDCPN 5.300% DUE 03/21/24DTD 03/22/23 FC 03/21/24CUSIP 75524KQH0Acquired 03/15/23 S nc 0.47 250,000 100.00 250,000.00 100.1690 250,422.50 422.50 363.01 13,250 5.29OCEANFIRST BANK NA CDTOMS RIVER NJ ACT/365FDIC INSDCPN 5.150% DUE 03/21/24DTD 03/22/23 FC 03/21/24CUSIP 67523TCE1Acquired 03/15/23 S nc 0.47 250,000 100.00 250,000.00 100.0280 250,070.00 70.00 352.74 12,875 5.14 RENASANT BK TUPELO MS CDTUPELO MS ACT/365FDIC INSDCPN 5.300% DUE 03/21/24DTD 03/22/23 FC 03/21/24CUSIP 759701BH7Acquired 03/15/23 S nc 0.47 250,000 100.00 250,000.00 100.1690 250,422.50 422.50 363.01 13,250 5.29CHARLES SCHWAB BK SSB CDRENO NV ACT/365FDIC INSDCPN 5.350% DUE 03/22/24DTD 03/17/23 FC 09/17/23CUSIP 15987UAU2Acquired 03/15/23 S 0.48 250,000 100.00 250,000.00 100.2220 250,555.00 555.00 549.65 13,375 5.33 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Fixed Income SecuritiesCertificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) CAPITAL ONE NA CDMCLEAN VA ACT/365FDIC INSUREDCPN 2.500% DUE 06/19/24DTD 06/19/19 FC 12/19/19CUSIP 14042RLZ2Acquired 06/18/19 L 0.46 250,000 100.00 250,001.78 96.9820 242,455.00 -7,546.78 1,763.70 6,250 2.57 100.00 250,007.00
FULTON BANK CDWILLIAMSPORT PA ACT/365FDIC INSDCPN 5.350% DUE 06/24/24DTD 03/22/23 FC 09/22/23CUSIP 359899AN1Acquired 03/14/23 S 0.48 250,000 100.00 250,000.00 100.3370 250,842.50 842.50 366.44 13,375 5.33COMENITY CAPITAL BANK CDSALT LAKE CTY UT ACT/365FDIC INSDCPN 2.500% DUE 06/27/24DTD 06/27/19 FC 07/27/19CUSIP 20033AZ58Acquired 06/18/19 L 0.23 125,000 100.00 125,000.00 96.9120 121,140.00 -3,860.00 42.81 3,125 2.57 CUSTOMERS BANK CDWEST READING PA ACT/365FDIC INSDCPN 4.700% DUE 08/16/24DTD 02/16/23 FC 08/16/23CUSIP 23204HNC8Acquired 02/09/23 S 0.47 250,000 100.00 250,000.00 99.5330 248,832.50 -1,167.50 1,416.44 11,750 4.72COMERICA BANK TEXAS CDDALLAS TX ACT/365FDIC INSDCPN 5.250% DUE 09/30/24DTD 03/30/23 FC 09/30/23CUSIP 200339FB0Acquired 03/20/23 S 0.48 250,000 100.00 250,000.00 100.3150 250,787.50 787.50 71.92 13,125 5.23 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Fixed Income SecuritiesCertificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) MANUF & TRADERS TR CO CDBUFFALO NY ACT/365FDIC INSDCPN 4.900% DUE 12/09/24DTD 12/07/22 FC 06/07/23CUSIP 564759RJ9Acquired 11/28/22 S 0.47 250,000 100.00 250,000.00 99.8330 249,582.50 -417.50 3,859.59 12,250 4.90AMERICAN EXPR NATL BK CDSALT LAKE CTY UT ACT/365FDIC INSDCPN 2.050% DUE 03/24/25DTD 03/23/22 FC 09/23/22CUSIP 02589ABV3Acquired 03/17/22 L 0.36 200,000 100.00 200,000.00 94.5570 189,114.00 -10,886.00 101.09 4,100 2.16 ALLY BANK CDBENSALEM PA ACT/365FDIC INSDCPN 5.250% DUE 03/24/25DTD 03/23/23 FC 09/23/23CUSIP 02007GM34Acquired 03/14/23 S 0.48 250,000 100.00 250,000.00 100.5540 251,385.00 1,385.00 323.63 13,125 5.22BMW BK N AMERICA CDSALT LAKE CTY UT ACT/365FDIC INSDCPN 5.100% DUE 09/17/25DTD 03/17/23 FC 09/17/23CUSIP 05580AX58Acquired 03/14/23 S 0.48 250,000 100.00 250,000.00 100.3950 250,987.50 987.50 523.97 12,750 5.07STATE BANK OF INDIA CDNEW YORK NY ACT/365FDIC INSDCPN 4.950% DUE 12/02/25DTD 12/02/22 FC 06/02/23CUSIP 856285V81Acquired 11/28/22 S 0.47 250,000 100.00 250,000.00 100.0760 250,190.00 190.00 4,068.49 12,375 4.94 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Fixed Income SecuritiesCertificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) COMENITY BANK CDWILMINGTON DE ACT/365JUMBO CD FDIC INSUREDCPN 2.000% DUE 03/18/26DTD 03/18/22 FC 04/18/22CUSIP 99000QQW7Acquired 03/15/22 L 0.35 200,000 100.00 200,000.00 91.0653 182,130.60 -17,869.40 153.43 4,000 2.19 SYNCHRONY BANK CDDRAPER UT ACT/365FDIC INSDCPN 5.000% DUE 03/24/26DTD 03/24/23 FC 09/24/23CUSIP 87165HX21Acquired 03/14/23 S 0.48 250,000 100.00 250,000.00 100.2700 250,675.00 675.00 273.98 12,500 4.98TEXAS EXCHANGE BK SSB CDCROWLEY TX ACT/365CALLABLE FDIC INSDCPN 1.100% DUE 10/29/26DTD 10/29/21 FC 11/29/21CALL 04/29/23 @ 100.000CUSIP 88241TMC1Acquired 10/22/21 L 0.41 250,000 100.00 250,000.00 87.5140 218,785.00 -31,215.00 22.60 2,750 1.25DISCOVER BANK CDGREENWOOD DE ACT/365FDIC INSDCPN 4.950% DUE 11/16/26DTD 11/15/22 FC 05/15/23CUSIP 254673Z66Acquired 11/09/22 S 0.38 200,000 100.00 200,000.00 100.1230 200,246.00 246.00 3,715.89 9,900 4.94 UBS BANK USA CDSALT LAKE CTY UT ACT/365FDIC INSDCPN 1.150% DUE 12/08/26DTD 12/08/21 FC 01/08/22CUSIP 90348JX96Acquired 11/30/21 L 0.41 250,000 100.00 250,000.00 87.3310 218,327.50 -31,672.50 189.04 2,875 1.31 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Fixed Income SecuritiesCertificates of Deposit continued

ESTIMATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ACCRUED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INTEREST INCOME YIELD (%) CELTIC BANK CDSALT LAKE CTY UT ACT/365FDIC INSDCPN 2.000% DUE 12/27/27DTD 12/27/19 FC 01/27/20CUSIP 15118RTH0Acquired 12/09/19 L 0.42 250,000 100.00 250,000.00 87.8920 219,730.00 -30,270.00 68.50 5,000 2.27 Total Certificates of Deposit 12.50 6,725,000 $6,725,001.78 $6,594,708.10 -$130,293.68 $25,146.80 $291,000 4.41 $6,725,007.00
Total Fixed Income Securities 91.16 $48,397,132.9 $48,083,290.61 -$313,842.35 $44,079.23 $890,188 1.85 6 $48,397,138.1
8 nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS.

Mutual FundsOpen End Mutual FundsOpen End Mutual Fund shares are priced at net asset value. Estimated Annual Income and Yield refer to Dividends and Interest Income only, and typically do not reflect Total return.

EST MATED
% OF ADJ PRICE/ ADJ COST/ CURRENT CURRENT UNREALIZED ANNUAL ANNUAL DESCRIPTION ACCOUNT QUANTITY ORIG PRICE ORIG COST PRICE MARKET VALUE GAIN/LOSS INCOME YIELD (%) FIDELITY FUNDSFIDELITY TREASURY ONLYPORT INSTL CLASS SHSFRSXXOn ReinvestmentAcquired 03/17/23 S nc 8.55 4,510,522.44000 1.00 4,510,522.44 1.0000 4,510,522.44 0.00 181,774 4.03 Total Open End Mutual Funds 8.55 $4,510,522.44 $4,510,522.44 $0.00 $181,774 4.03Total Mutual Funds 8.55 $4,510,522.44 $4,510,522.44 $0.00 $181,774 4.03 nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS. 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Activity detailIncome and distributionsDATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 03/01 Cash DIVIDEND FIDELITY FUNDS 10,522.44
FIDELITY TREASURY PORTINSTITUTIONAL CLASS SHS022823 4,500,000AS OF 2/28/23 03/08 Cash INTEREST UBS BANK USA CD 220.55
SALT LAKE CTY UT ACT/365FDIC INSDCPN 1.150% DUE 12/08/26DTD 12/08/21 FC 01/08/22030823 250,000CUSIP 90348JX96 03/14 Cash INTEREST SALLIE MAE BANK CD 3,533.22
SALT LAKE CTY UT ACT/365FDIC INSDCPN 2.850% DUE 03/14/23DTD 03/14/18 FC 09/14/18031423 250,000CUSIP 795450L94 03/15 Cash INTEREST MORGAN STANLEY BK NA CD 3,533.22
SALT LAKE CTY UT ACT/365FDIC INSDCPN 2.850% DUE 03/15/23DTD 03/15/18 FC 09/15/18031523 250,000CUSIP 61747MP54 03/20 Cash INTEREST COMENITY BANK CD 306.85
WILMINGTON DE ACT/365JUMBO CD FDIC INSUREDCPN 2.000% DUE 03/18/26DTD 03/18/22 FC 04/18/22031823 200,000AS OF 3/18/23CUSIP 99000QQW7 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Activity detail continuedIncome and distributionsDATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 03/23 Cash INTEREST AMERICAN EXPR NATL BK CD 2,033.15
SALT LAKE CTY UT ACT/365FDIC INSDCPN 2.050% DUE 03/24/25DTD 03/23/22 FC 09/23/22032323 200,000CUSIP 02589ABV3 03/27 Cash INTEREST CELTIC BANK CD 383.56
SALT LAKE CTY UT ACT/365FDIC INSDCPN 2.000% DUE 12/27/27DTD 12/27/19 FC 01/27/20032723 250,000CUSIP 15118RTH0 03/27 Cash INTEREST COMENITY CAPITAL BANK CD 239.73
SALT LAKE CTY UT ACT/365FDIC INSDCPN 2.500% DUE 06/27/24DTD 06/27/19 FC 07/27/19032723 125,000CUSIP 20033AZ58 03/29 Cash INTEREST TEXAS EXCHANGE BK SSB CD 218.49
CROWLEY TX ACT/365CALLABLE FDIC INSDCPN 1.100% DUE 10/29/26DTD 10/29/21 FC 11/29/21032923 250,000CUSIP 88241TMC1 03/31 Cash INTEREST US TREASURY 50,000.00
NOTESCPN 2.500% DUE 03/31/27DTD 03/31/22 FC 09/30/22033123 4,000,000CUSIP 91282CEF4 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Activity detail continuedIncome and distributionsDATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 03/31 Cash INTEREST US TREASURY 5,000.00
NOTESCPN 0.250% DUE 09/30/23DTD 09/30/21 FC 03/31/22033123 4,000,000CUSIP 91282CDA6 03/31 Cash INTEREST US TREASURY 45,000.00
NOTESCPN 2.250% DUE 03/31/26DTD 03/31/19 FC 09/30/19033123 4,000,000CUSIP 9128286L9 03/31 Cash INTEREST US TREASURY 42,500.00
NOTESCPN 2.125% DUE 03/31/24DTD 03/31/17 FC 09/30/17033123 4,000,000CUSIP 912828W71 03/31 Cash DIVIDEND ALLSPRING 6,933.17
GOVERNMENT MONEY MARKETSWEEP CLASS033123 3,817
Total Income and distributions: $170,424.38
Securities sold and redeemedDATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT03/14 Cash -250,000.00000 REDEMPTION SALLIE MAE BANK CD 250,000.00 SALT LAKE CTY UT ACT/365FDIC INSDCPN 2.850% DUE 03/14/23DTD 03/14/18 FC 09/14/18CUSIP 795450L94 03/15 Cash -250,000.00000 REDEMPTION MORGAN STANLEY BK NA CD 250,000.00 SALT LAKE CTY UT ACT/365FDIC INSDCPN 2.850% DUE 03/15/23DTD 03/15/18 FC 09/15/18CUSIP 61747MP54 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Activity detail continuedSecurities sold and redeemedDATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 03/17 Cash -4,510,522.44000 1.0000 4,510,522.44 SALE FIDELITY FUNDS

FIDELITY TREASURY PORTINSTITUTIONAL CLASS SHS
Total Securities sold and redeemed: $5,010,522.44
Electronic funds transferDATE ACCOUNT TYPE TRANSACTION DESCRIPTION AMOUNT03/14 Cash WIRE TRANSFER INCOMING WIRE 40,000,000.00

CITY OF MALIBU
Total Electronic funds transfer: $40,000,000.00
Securities purchasedDATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT03/01 Cash 10,522.44000 REINVEST DIV FIDELITY FUNDS -10,522.44 FIDELITY TREASURY PORTINSTITUTIONAL CLASS SHSREINVEST AT 1.000 03/14 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE BARCLAYS BANK/DELAWAR CD WILMINGTON DE ACT/365FDIC INSDCPN 5.400% DUE 03/21/24DTD 03/22/23 FC 03/21/24CUSIP 06740KRN9 03/14 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE BMW BK N AMERICA CD SALT LAKE CTY UT ACT/365FDIC INSDCPN 5.100% DUE 09/17/25DTD 03/17/23 FC 09/17/23CUSIP 05580AX58 03/14 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE BANK HOPE CD LOS ANGELES CA ACT/365FDIC INSUREDCPN 5.250% DUE 12/26/23DTD 03/24/23 FC 12/26/23CUSIP 062683HE0 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Activity detail continuedSecurities purchasedDATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 03/14 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE FULTON BANK CD WILLIAMSPORT PA ACT/365FDIC INSDCPN 5.350% DUE 06/24/24DTD 03/22/23 FC 09/22/23CUSIP 359899AN1 03/14 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE NEXBANK SSB CD DALLAS TX ACT/365FDIC INSDCPN 5.000% DUE 06/20/23DTD 03/22/23 FC 06/20/23CUSIP 653344BX8 03/14 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE SYNCHRONY BANK CD DRAPER UT ACT/365FDIC INSDCPN 5.000% DUE 03/24/26DTD 03/24/23 FC 09/24/23CUSIP 87165HX21 03/14 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE VALLEY NATL BK WAYNE CD WAYNE NJ ACT/365FDIC INSDCPN 5.150% DUE 09/18/23DTD 03/17/23 FC 09/18/23CUSIP 919853HV6 03/14 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE ALLY BANK CD BENSALEM PA ACT/365FDIC INSDCPN 5.250% DUE 03/24/25DTD 03/23/23 FC 09/23/23CUSIP 02007GM34 03/15 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE CITIZENS BANK NA/RI CD PROVIDENCE RI ACT/365FDIC INSDCPN 5.300% DUE 03/21/24DTD 03/22/23 FC 03/21/24CUSIP 75524KQH0 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Activity detail continuedSecurities purchasedDATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 03/15 Cash 4,000,000.00000 98.8111 -3,952,453.68 PURCHASE US TREASURY BILLDUE 06/20/23DTD 02/21/23CUSIP 912797FP7
03/15 Cash 4,000,000.00000 99.8531 -3,994,132.00 PURCHASE US TREASURY ACCRUED INT NOTES -380.43
CPN 3.500% DUE 09/15/25DTD 09/15/22 FC 03/15/23CUSIP 91282CFK2 03/15 Cash 1,894,000.00000 98.5984 -1,867,461.42 PURCHASE US TREASURY ACCRUED INT NOTES -2,573.37
CPN 3.125% DUE 08/31/27DTD 08/31/22 FC 02/28/23CUSIP 91282CFH9 03/15 Cash 4,000,000.00000 96.4531 -3,858,132.00 PURCHASE US TREASURY ACCRUED INT NOTES -45,879.12
CPN 2.500% DUE 03/31/27DTD 03/31/22 FC 09/30/22CUSIP 91282CEF4 03/15 Cash 4,000,000.00000 96.3546 -3,854,194.52 PURCHASE US TREASURY ACCRUED INT NOTES -190.22
CPN 1.750% DUE 03/15/25DTD 03/15/22 FC 09/15/22CUSIP 91282CED9 03/15 Cash 4,000,000.00000 97.9417 -3,917,677.00 PURCHASE US TREASURY ACCRUED INT NOTES -4,587.91
CPN 0.250% DUE 09/30/23DTD 09/30/21 FC 03/31/22CUSIP 91282CDA6 03/15 Cash 4,000,000.00000 95.0703 -3,802,819.52 PURCHASE US TREASURY ACCRUED INT NOTES -40.76
CPN 0.375% DUE 09/15/24DTD 09/15/21 FC 03/15/22CUSIP 91282CCX7 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Activity detail continuedSecurities purchasedDATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 03/15 Cash 4,000,000.00000 91.0750 -3,643,007.00 PURCHASE US TREASURY ACCRUED INT NOTES -1,304.35
CPN 0.750% DUE 08/31/26DTD 08/31/21 FC 02/28/22CUSIP 91282CCW9 03/15 Cash 4,000,000.00000 96.3843 -3,855,382.00 PURCHASE US TREASURY ACCRUED INT NOTES -41,291.21
CPN 2.250% DUE 03/31/26DTD 03/31/19 FC 09/30/19CUSIP 9128286L9 03/15 Cash 4,000,000.00000 98.1530 -3,926,128.24 PURCHASE US TREASURY ACCRUED INT NOTES -38,997.25
CPN 2.125% DUE 03/31/24DTD 03/31/17 FC 09/30/17CUSIP 912828W71 03/15 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE OCEANFIRST BANK NA CD TOMS RIVER NJ ACT/365FDIC INSDCPN 5.150% DUE 03/21/24DTD 03/22/23 FC 03/21/24CUSIP 67523TCE1 03/15 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE RENASANT BK TUPELO MS CD TUPELO MS ACT/365FDIC INSDCPN 5.300% DUE 03/21/24DTD 03/22/23 FC 03/21/24CUSIP 759701BH7 03/15 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE SANTANDER BANK NA CD WILMINGTON DE ACT/365FDIC INSDCPN 5.250% DUE 03/15/24DTD 03/17/23 FC 03/15/24CUSIP 80280JVQ1 03/15 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE CHARLES SCHWAB BK SSB CD RENO NV ACT/365FDIC INSDCPN 5.350% DUE 03/22/24DTD 03/17/23 FC 09/17/23CUSIP 15987UAU2 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Activity detail continuedSecurities purchasedDATE ACCOUNT TYPE TRANSACTION QUANTITY DESCRIPTION PRICE AMOUNT 03/15 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE WEBBANK CD SALT LAKE CITY UTACT/365FDIC INSUREDCPN 5.250% DUE 03/19/24DTD 03/20/23 FC 03/19/24CUSIP 947547US2 03/17 Cash 4,510,522.44000 1.0000 -4,510,522.44 PURCHASE FIDELITY FUNDS

FIDELITY TREASURY ONLYPORT INSTL CLASS SHS
03/20 Cash 250,000.00000 100.0000 -250,000.00 PURCHASE COMERICA BANK TEXAS CD DALLAS TX ACT/365FDIC INSDCPN 5.250% DUE 09/30/24DTD 03/30/23 FC 09/30/23CUSIP 200339FB0 Total Securities purchased: -$45,077,676.88
Cash sweep activityOur Cash Sweep program allows you to earn a return on the idle cash balances in your account by automatically investing such balances into one of our cash sweep options. These 'sweep transactions' may represent a net amount for the day and occur on settlement date. The following section displays transfers into and out of your sweep option. Transactions displayed here are Transfer To, Transfer From and Reinvested Dividends and Interest. These transaction amounts are not included in your cash flow summary.

DATE TRANSACTION DESCRIPTION AMOUNT DATE TRANSACTION DESCRIPTION AMOUNT03/01 49,754.70 03/22 -1,500,000.00 BEGINNING BALANCE TRANSFER FROM ALLSPRING

GOVERNMENT MONEY MARKET
03/01 TRANSFER TO ALLSPRING 226.03 03/23 -250,000.00 TRANSFER FROM ALLSPRING

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
03/09 TRANSFER TO ALLSPRING 220.55 03/24 -497,966.85 TRANSFER FROM ALLSPRING

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
03/15 40,253,533.22 03/28 TRANSFER TO ALLSPRING TRANSFER TO ALLSPRING 623.29

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
03/16 -36,553,098.78 03/30 -249,781.51 TRANSFER FROM ALLSPRING TRANSFER FROM ALLSPRING

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
03/17 -1,000,000.00 03/31 TRANSFER FROM ALLSPRING REINVEST DIV ALLSPRING 6,933.17

GOVERNMENT MONEY MARKET GOVERNMENT MONEY MARKET
03/20 -250,000.00 03/31 10,750.67 TRANSFER FROM ALLSPRING ENDING BALANCE

GOVERNMENT MONEY MARKET
03/21 TRANSFER TO ALLSPRING 306.85

GOVERNMENT MONEY MARKET
072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Bank Deposits Through Teller March 1 - March 31Wells Fargo Bank, N.A. (Member FDIC) Questions? Call us at 1-800-266-6263Deposits made in a bank branch on the last business day of the month will typically appear on your next statement.

DATE TRANSACTION DESCRIPTION AMOUNT BANK BALANCE
03/01 BEGINNING BALANCE $0.0003/31 ENDING BALANCE $0.00Realized gain/lossRealized Gain/Loss Summary

THIS PERIOD THIS PERIOD THIS PERIOD THIS YEAR THIS YEAR THIS YEAR

GAIN LOSS NET GAIN LOSS NET
Short term 0.00 0.00 0.00 0.00 0.00 0.00Long term 0.00 0.00 0.00 0.00 0.00 0.00Total Realized Gain/Loss $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Realized Gain/Loss DetailShort term

ADJ PRICE/ DATE ADJ COST/

DESCRIPTION QUANTITY ORIG PRICE ACQUIRED CLOSE DATE PROCEEDS ORIG COST GAIN/LOSS FIDELITY FUNDS 4,500,000.00000 1.0000 02/09/23 03/17/23 4,500,000.00 4,500,000.00 0.00 ncFIDELITY TREASURY PORTINSTITUTIONAL CLASS SHSCUSIP 31607A885 10,522.44000 1.0000 03/01/23 03/17/23 10,522.44 10,522.44 0.00 nc Total Short term $4,510,522.44 $4,510,522.44 $0.00nc Cost information for this tax lot is not covered by IRS reporting requirements. Unless indicated, cost for all other lots will be reported to the IRS.Long term

ADJ PRICE/ DATE ADJ COST/

DESCRIPTION QUANTITY ORIG PRICE ACQUIRED CLOSE DATE PROCEEDS ORIG COST GAIN/LOSS MORGAN STANLEY BK NA CD 250,000.00000 100.0000 03/08/18 03/15/23 250,000.00 250,000.00 0.00SALT LAKE CTY UT ACT/365FDIC INSDCPN 2.850% DUE 03/15/23DTD 03/15/18 FC 09/15/18CUSIP 61747MP54SALLIE MAE BANK CD 250,000.00000 100.0000 03/08/18 03/14/23 250,000.00 250,000.00 0.00SALT LAKE CTY UT ACT/365FDIC INSDCPN 2.850% DUE 03/14/23DTD 03/14/18 FC 09/14/18CUSIP 795450L94Total Long term $500,000.00 $500,000.00 $0.00 Specific instructions and disclosuresAvailable funds"Available for loan" reflects the approximate amount available as of the statement period ending date and should be reduced by any pending checks and Visa charges not yet cleared. This amount is the approximate amount available forwithdrawal and loans. A margin loan is a variable rate loan secured by your account.

Income on non-reportable accountsYour income summary is categorized into taxable and tax-exempt income based upon the securities that you hold. Please be aware that, since this is a 1099 non-reportable account, this income will NOT be reported to the IRS, but is being provided to you for informational purposes only.
072 ANCA ANC9

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CITY OF MALIBURUTH QUINTOMARCH 1, 2023 - MARCH 31, 2023 Callable SecuritiesSecurities that are subject to a partial call will be selected by an impartial lottery process in which the probability of your securities being selected for redemption is proportional to the holdings of all shareholders of such securities held in street name. If a security is called prior to maturity it may affect the yield you receive. Additional information is available at under Legal Di www.wellsfargoadvisors.com sclosures or the written procedures are available upon request.

Cost basis - To add or update information or modify your reporting options, please contact Your Financial Advisor.This statement presents estimated unrealized or realized gains or losses for your information only. If acquisition or other information is not available, the gain/loss information may not be displayed and section and summary totals may not reflect your complete portfolio. Cost basis information is not verified by WFCS or Wells Fargo Advisors Financial Network and should not be relied upon for legal or tax purposes. Revisions to this information (due to corporate mergers,tenders and other reorganizations) may be required from time to time.Cost basis for factored bonds (GNMA, CMO, etc.) will be adjusted for paydown of principal. Systematic investments in mutual funds and reinvested dividends for mutual funds and stocks have been consolidated for each position. Unit costdata for systematic investments and dividend reinvestment securities is provided for informational purposes only and is a non-weighted average.

Your account statement should not be used for tax preparation without assistance from your tax consultant. We do not report capital gains or losses for non-covered securities to he IRS.

Cost basis optionsUnless specific tax lots are selected at trade time, sales of tax lots will occur using the cost basis election reflected in the Account profile section.

Estimated accrued interest on Fixed Income securitiesEstimated accrued interest is included in the Portfolio summary as a convenience to you and represents the estimated portion of he interest that would be received upon the sale of he Fixed Income posi ions in your account, calculatedfrom the date of the last coupon (or dated date) through the date of the account statement, based upon information provided by the issuer. This is not a guarantee that this amount will be realized in your account. Actual income will bebased upon the payout schedule of the securities held in your account. If you own a Foreign Fixed Income security, and it is denominated in a foreign currency, the Estimated accrued interest will not be accurate. 072 ANCA ANC9

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Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Jorge Rubalcava, Senior Civil Engineer
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: March 27, 2023 Meeting date: April 24, 2023 Subject: Acceptance of Marie Canyon Green Streets Project RECOMMENDED ACTION: 1) Accept the work performed by J and H Engineering General Contractors, Inc. for the Marie Canyon Green Streets Project, Specification No. 2073 as complete; and 2) Authorize the Public Works Director to record a Notice of Completion for the project.

FISCAL IMPACT: There is no fiscal impact with accepting the work complete. This project was included in the Adopted Budget for Fiscal Year 2022-2023 in Account No. 310-9072-5100.00 (Marie Canyon Green Streets).

WORK PLAN: This item was included as item 8.t in the Adopted Work Plan for Fiscal Year 2022-2023.

DISCUSSION: At the July 11, 2022 City Council meeting, Council awarded the Marie Canyon Green Streets Project to J and H Engineering General Contractors, Inc. This project included the installation of biofilters and other stormwater water quality devices to capture and treat stormwater in the Malibu Country Estates Neighborhood. The project was intended to assist with the requirements of the City’s municipal separate storm sewer system (MS4) discharge permit.

The work is now complete. Staff recommends the City Council to accept the work performed by J and H Engineering General Contractors, Inc. and authorize the Public Works Director to submit for recordation a Notice of Completion for the project.

City Council Meeting
04-24-23
Item

3.B.6.

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Agenda Item # 3.B.6.

STAFF FOLLOW-UP: Upon acceptance by the City Council of the work associated with this contract, staff will record the Notice of Completion with the Los Angeles County Registrar/Recorder's Office which will allow the City to then release the retention monies following a required 35-day holding period.

ATTACHMENTS: None

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Agenda Item # 3.B.7.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: April 5, 2023 Meeting date: April 24, 2023 Subject: Termination of the State of a Local Emergency for the 2023 Winter Storms
RECOMMENDED ACTION: Adopt Resolution No. 23-18 terminating the state of local emergency declared as a result of the 2023 Winter Storms.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2022- 2023. This project is part of normal staff operations.

DISCUSSION: On January 8, 2023, a rainstorm began that delivered more than 4 inches of rain in many areas of the City, which came after receiving more than 5 inches of rain in the prior weeks. This series of storms caused rock and mudslides on canyon roads and street flooding and created unsafe conditions for passage. Public Works crews worked throughout the day and night monitoring City streets, inspecting and clearing City storm drains, and clearing significant storm related debris including rocks, mud, sediment, and downed trees and branches.

On January 9, 2023, the President of the United States declared a federal emergency as a result of successive and severe winter storms, flooding, and mudslides. Additionally, on January 16, 2023, California Governor Gavin Newsom declared a State of Emergency as a result of the severe winter storms.

The Director of Emergency Services of the City proclaimed the existence of a local emergency on January 17, 2023.

City Council Meeting
04-24-23
Item

3.B.7.

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Agenda Item # 3.B.7.

On January 23, 2023, the City Council adopted Resolution No. 23-04 ratifying the proclamation of the existence of a local emergency.

On March 13, 2023 the City Council adopted Resolution No. 23-13 extending the declaration of the existence of a local emergency due to additional rain forecasted for the coming weeks, which was likely to increase flooding and rock and mudslide risks.

Government Code Section 8630 requires that the governing body proclaim the termination of the local emergency at the earliest possible date that conditions warrant. Although debris removal continues, no significant rain is forecasted and City streets and storm drains have been cleared. The situation resulting from the conditions of extreme peril are now within the control of the normal protective services, personnel, equipment, and facilities of and within the City of Malibu.

Since the conditions that prompted the emergency declaration have improved significantly, staff recommends adoption of Resolution No. 23-18 terminating the state of local emergency.

ATTACHMENTS: Resolution No. 23-18
RESOLUTION NO. 23-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

TERMINATING THE STATE OF THE LOCAL EMERGENCY DECLARED
DUE TO THE 2023 WINTER STORMS
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On January 8, 2023, a rainstorm began that delivered more than 4 inches of rain in many areas of the City, which came after receiving more than 5 inches of rain in the prior weeks, and caused rock and mudslides on canyon roads and street flooding, creating unsafe conditions for passage.

B. Public Works crews worked throughout the day and night monitoring City streets, inspecting and clearing City storm drains, and clearing significant storm related debris including rocks, mud, sediment, and downed trees and branches.

C. The Director of Emergency Services of the City proclaimed the existence of a local emergency on January 17, 2023.

D. On January 23, 2023, the City Council adopted Resolution No. 23-04 ratifying the proclamation of the existence of a local emergency.

E. On March 13, 2023, the City Council adopted Resolution No. 23-13 extending the declaration of the existence of a local emergency due to additional rain forecasted for the coming weeks, which was likely to increase flooding and rock and mudslide risks.

F. Although debris removal continues, no significant rain is forecasted and City streets and storm drains have been cleared. The situation resulting from the conditions of extreme peril are now within the control of the normal protective services, personnel, equipment, and facilities of and within the City of Malibu.

SECTION 2. The City Council does hereby terminate the state of a local emergency.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this ___ day of ___ 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
Resolution No. 23-18

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_____________________
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney

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Agenda Item # 4.A.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Joseph D. Toney, Assistant City Manager
Reviewed by: Renée Neermann, Finance Manager
Approved by: Steve McClary, City Manager
Date prepared: April 3, 2023 Meeting date: April 24, 2023 Subject: Schedule of Fees Fiscal Year 2023-24
RECOMMENDED ACTION: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 23-17 establishing the Schedule of Fees for Fiscal Year 2023-24.

FISCAL IMPACT: The Schedule of Fees establishes the amount the City can charge for fees for service for cost recovery. The City’s annual budget typically includes approximately $5.0 million in revenue from Service Charges and approximately $3.5 million in revenue from Licenses and Permits.

WORK PLAN: This item was not included in the Adopted Work Plan for Fiscal Year 2022-2023. This project is part of normal staff operations.

DISCUSSION: For Fiscal Year (FY) 2023-24 departmental staff reviewed all fees to ensure that charges for specific services appropriately cover the cost of providing such service. If the 2023-24 fee schedule is approved, the revised fees will generate funds to adequately reflect the costs of the services provided.

State law mandates that agencies such as the City of Malibu charge customers only the fees necessary to recover costs for the services provided and prohibits charging fees above and beyond the services rendered. If the 2023-24 fee schedule is approved, the revised fees will not generate funds that exceed this standard.

In FY 2015-2016, the City completed a comprehensive fee study that analyzed all fees and charges for services. Below is an excerpt from the study:

City Council Meeting
04-24-23
Item

4.A.

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Agenda Item # 4.A.

Proposals for development within the City require extensive review due to the City’s certified Local Coastal Program, and the challenges of determining whether development near highly sensitive areas, such as slopes, or coastal areas can be feasibly accomplished to meet the goals and requirements of the development applicant, the City, and the Local Coastal Program. The City’s proposed fees attempt to recover a portion of these costs, while avoiding the fee spikes that would be required to achieve full cost recovery.

The rates established in the fee study are used as a base amount that is increased with a cost-of-living adjustment. The cost-of-living adjustment is derived from the Consumer Price Index (CPI) using an annual percentage from February. The percentage change of CPI was 5.1% in February 2023, and this adjustment has been included in the Schedule of Fees for FY 2023-24.

The explanation for the new fees or change in existing fees is detailed in the column labeled “Rationale.”
On April 11, 2023, the Administration and Finance Subcommittee (A&F) discussed the FY 2023-24 Schedule of Fees and recommended approval.

In order for the FY 2023-24 Schedule of Fees to be effective on July 1, 2023, the City Council must adopt Resolution No. 23-17 at a regular meeting 60 days prior to that date.

ATTACHMENTS:

1. Resolution No. 23-17 establishing the FY 2023-24 Schedule of Fees

2. Public Hearing Notice
RESOLUTION NO. 23-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
ESTABLISHING THE 2023-2024 SCHEDULE OF FEES
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. The City Council has reviewed the Fiscal Year 2023-2024 Schedule of Fees. The City Council finds that the fees for permit processing and other services do not exceed the reasonable cost of services directly conferred to the payer and are not otherwise provided to those not paying the fee. The City Council further finds that the fees for costs of regulation do not exceed the reasonable cost of regulation by the City.

SECTION 2. The City Council hereby approves the 2023-2024 Schedule of Fees (Exhibit A).

SECTION 3. The City Clerk shall certify the adoption of this resolution and shall cause the same to be processed in the manner provided by law. Pursuant to Government Code Section 66017(a), the fee increases and new fees shall be effective sixty days from the date of adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 24th day of April 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Resolution No. 23-17

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_____________________

NOTICE OF PUBLIC HEARING

CITY OF MALIBU

CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, April 24, 2023, at 6:30 p.m. on the item listed below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA, and via teleconference.

Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To view and participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.

FISCAL YEAR 2023-24 SCHEDULE OF FEES
IF YOU CHALLENGE THE CITY COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO

RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS

NOTICE, OR OTHERWISE HELD BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARING.

If there are any questions regarding this notice, please contact Renée Neermann, Finance Manager, at (310) 456-2489, ext. 222. Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting. _______________________________
Renée Neermann, Finance Manager
Publish Date: April 13, 2023 and April 20, 2023

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Agenda Item # 6.A.

Council Agenda Report
To: Mayor Silverstein and Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: April 14, 2023 Meeting date: April 24, 2023 Subject: Food and Beverage Sales in the Open Space District RECOMMENDED ACTION: 1) Adopt, or provide comment on, the attached draft Council Interpretation regarding food and beverage sales in the Open Space District; 2) Adopt Resolution No. 23-19 initiating a Zone Text Amendment (ZTA) and Local Coastal Program Amendment (LCPA) to address food and beverage sales in the Open Space zoning district, or provide alternative direction; and 3) If Resolution No. 23-19 is adopted, provide direction to the Planning Commission to schedule a public hearing regarding the ZTA and LCPA and provide a recommendation to the Council whether to approve, modify, or reject the amendment and finding the action exempt from the California Environmental Quality Act.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

WORK PLAN: This project was not included in the Adopted Work Plan for Fiscal Year 2022-2023.

DISCUSSION: At the March 27, 2023, City Council Hearing, the Council discussed the replacement of the existing snack shack located adjacent to the ballfields at Malibu Bluffs Park. In addition, the Council directed staff to draft a Council Interpretation allowing for the sale of food and beverage by youth sports rental groups such as Malibu Little League and the American Youth Soccer Organization during their events. Lastly, the City Council also requested that staff return with draft resolutions to initiate a ZTA and LCPA to address food and beverage sales in the open space district.

City Council Meeting
04-24-23
Item

6.A.

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Agenda Item # 6.A.

Proposed LCP and Malibu Municipal Code (MMC) Interpretation Currently the MMC and LCP Permitted Uses Table state that refreshment stands, ice cream stands, and other fixed location outdoor food vending stands are prohibited uses in the Open Space (OS) Zone. However, recreational facilities are allowed uses and only examples such as swimming pools, sandboxes, slides, swings, lawn bowling, volleyball courts, tennis courts are provided in the MMC and LCP, but no definition of what a recreational facility is provided. At the March 27, 2023, Council Hearing, the Council provided direction that it considered the operation of a snack shack as part of a recreational facility, so long as the food and beverage service was ancillary to the recreational activity at Bluffs Park. Attachment 1 to this report is a draft Council Interpretation for consideration reflecting the direction and discussion by the Council at its last hearing.

Proposed Zoning Text Amendment and Local Coastal Program Amendment In addition to the Council’s discussion related to the above interpretation, the Council also directed staff to return with a resolution to initiate a ZTA and LCPA to modify the MMC and LCP to expressly allow for a snack shack type use in the OS District. The ZTA and LCPA could allow a snack shack to be built in a greater number of forms than an interpretation would. A resolution initiating those amendments is contained as Attachment 2 to this report. The council may adopt the proposed interpretation and also initiate the proposed MMC/LCPA, as they are not mutually exclusive.

Recommendation: Staff recommends that the Council review and adopt, or provide comments on, the attached draft interpretation and/or adopt Resolution No. 23-19 initiating a ZTA and LCPA to address food and beverage sales in Malibu Bluffs Park.

ATTACHMENT:

1. LCP Interpretation No. 21

2. Resolution No. 23-19
ATTACHMENT 1
LCP Interpretation
Dated: __April 27, 2023 ___
Number: _ 21_ _
Amended: __N/A__ ___
Planning Director: Richard Mollica
LCP Section: LIP Sections 3.3(M) [Public Open Space] Appendix 1 TABLE B PERMITTED USES MMC Section: MMC Chapter 17.32
Title: Ancillary Food and Beverages within Recreational Facilities Issue: The Local Implementation Plan (LIP) and Malibu Municipal Code (MMC) sets forth the permitted uses in the Open Space (OS) zone, the purpose of which is to provide for publicly owned land which is dedicated to recreation or preservation of the City’s natural resources, including public beaches, park lands, and preserves. LIP Table B contained in Appendix 1 and MMC Section 17.32 sets forth the permitted uses in the OS Zone: Equestrian and hiking trails (public and private); wildlife preserves; camping; parks, beaches, and playgrounds; public beach accessway; recreation facilities (swimming pools, sandboxes, slides, swings, lawn bowling, volleyball courts, tennis courts and similar uses); and educational (non-profit) activities. Emergency communication and service facilities are conditional permitted (require a CUP). However, both the LIP and MMC do not contain a definition of what is a recreational facility, only examples. Refreshment stands, ice cream stands, and other fixed location outdoor food vending stands are expressly prohibited uses in the OS Zone. The LUP describes the OS land use designation and lists the allowable uses to “include passive recreation, research and education, nature observation, and recreational and support facilities.” LUP Policy 2.21 even goes so far as to state that the limited development of commercial recreational facilities may be permitted to serve beach and park visitors.1
Interpretation: The purpose of the above-mentioned permitted uses is to assure that publicly owned property designated and zoned OS is predominately used for the limited uses set forth in Table B of Appendix 1 of the LIP and MMC Section 17.32. As part of the allowed use, recreational facilities are permitted so long as the uses allowed are visitor serving, conducive to public recreation, and support the recreation uses taking place. Pursuant to the LIP and MMC, recreational facilities such as ballfields, volleyball courts, soccer fields, and skate parks are permitted uses, it is also reasonable to conclude that ancillary structures that support the operation of these facilities are also permitted.

While refreshment stands and outdoor food vending stands are prohibited, the code does not preclude the provision of food service from within and ancillary to recreational facilities. 1 2.21 The limited development of visitor-serving commercial recreational facilities designed to serve beach or park users may be permitted on non-sand areas of public beaches or beach parks. Developments designed or sized to serve a larger market than park users shall be prohibited in public beaches and parks.

ATTACHMENT 1
The following food service would be considered ancillary and part of the operation of a recreation facility so long as the food and beverage are offered from within the structure:
o The sales of food or drinks from vending machines located within a recreational facility, and
o Fund raising activity that includes the sale of prepared or heated to order food by an authorized non-profit user group of the recreational facility during their rental period.

The purpose of this interpretation is not to allow for standalone food sales or commercial for-profit food sales within recreational facilities or for the primary use of the recreational facility to become food and beverage sales.

ATTACHMENT 2
RESOLUTION NO. 23-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

INITIATING AN AMENDMENT TO THE MALIBU MUNICIPAL CODE (MMC) CHAPTER 17.32 AND INITIATING AN AMENDMENT TO THE LOCAL

COASTAL PROGRAM (LCP) LOCAL IMPLEMENTATION PLAN (LIP)
SECTION 3.3(M) AND APPENDIX 1 TABLE B ADDRESSING FOOD AND

BEVERAGE SALES IN THE OPEN SPACE ZONING DISTRICT IN THE CITY

AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

The City Council of the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Recitals.

A. On April 24, 2023, the City Council held a duly noticed public hearing and approved a motion to 1) initiate a Zone Text Amendment (ZTA) and Local Coastal Program Amendment (LCPA) to address food and beverage sales in the Open Space zoning district and 2) direct the Planning Commission to schedule a public hearing regarding the ZTA and LCPA and provide a recommendation to the Council whether to approve, modify, or reject the amendment.

SECTION 2. Initiation.

Pursuant to MMC Chapter 17.32, the City Council hereby initiates an amendment to address food and beverage sales in the Open Space zoning district.

Pursuant to LIP Chapter 19, the City Council hereby initiates an amendment to the LCP and directs staff to issue a Notice of Availability consistent with LIP section 19.3.1. The amendment shall address food and beverage sales in the Open Space zoning district.

SECTION 3. Hearings.

A. The Zoning Ordinance and Code Enforcement Revisions Subcommittee is hereby directed to consider the amendments and provide direction to staff.

B. The Planning Commission is hereby directed to conduct a duly noticed public hearing in accordance with Chapter 19 of the Malibu LIP. Following the public hearing, the Planning Commission shall recommend to the City Council whether it should approve, modify, or deny the proposed amendments. The Planning Commission’s recommendation shall be made by resolution carried by the affirmative vote of not less than the majority of the entire Planning Commission.

Resolution No. 23-19

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_____________________
SECTION 4. Certification.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 24th day of April 2023. _____________________________
Bruce Silverstein, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
Trevor Rusin, Interim City Attorney

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Agenda Item # 6.B.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: April 10, 2023 Meeting date: April 24, 2023 Subject: Update Regarding Local Coastal Program Amendment No. 16-006 (Sea View Hotel Project)
RECOMMENDED ACTION: Receive a status update regarding City Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project LCPA submittal, review the California Coastal Commission (CCC) approved LCPA as modified on February 8, 2023 (LCPA No. LCP-4-MAL-21-0073-2), and provide direction on the following:
1) The Council’s position on the LCPA as modified by the CCC and a determination if the modifications made by the CCC are generally consistent with the City’s LCPA as adopted on September 13, 2021, or that the modifications substantially deviate from the LCPA; and
2) Preparation of an Ordinance to accept the modified LCPA; or 3) Preparation of a Resolution to withdrawal the City’s submitted LCPA with the Council’s stated findings.

Should the Council desire to change the modified LCPA, the Council would need to withdraw and resubmit the amendment as a new LCPA.

FISCAL IMPACT: As described in the Council’s September 13, 2021, staff report, the applicant for LCPA No. 16-006 and associated Coastal Development Permit (CDP) No. 17-086 would contribute a fee of $110,000, in-lieu of providing six low-cost visitor accommodations. The City would be able to transfer these funds to a public agency, nonprofit organization, or private entity after entering a Memorandum of Understanding or other contractual agreement that requires use of the funds for construction of lower cost overnight visitor accommodations in the Malibu/Santa Monica Mountains coastal zone area of Los Angeles County or Ventura County and which requires that the accommodations remain lower cost. However, the transfer of funds is not required, and the funds could be deposited into the General Fund Undesignated Reserve. In addition to City Council Meeting
04-24-23
Item

6.B.
1

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Agenda Item # 6.B.
the LCPA and CDP, associated Development Agreement No. 21-001 stipulated that the applicant would also contribute $800,000 to the City for public benefits at the time the construction permits are issued for the associated project. Pursuant to General Plan Section 1.5.0, public benefits shall include physical improvements dedicated and reserved for public use, including, but not limited to, open space, wetlands, trails and walkways, parks, athletic fields, and civic or public buildings (such as senior centers, youth facilities, city hall, etc.). These funds would total $910,000 and must be deposited into a General Fund Designated Reserve for a public benefit purpose. In 2021, the applicant forecasted that the project would generate over $1.0 million in Transient Occupancy Tax revenue annually; however, this projection was not confirmed by staff at the time as nightly room rates or the occupancy projections were unknown.

The CCC’s actions on February 8, 2023, modified the LCPA and included additional financial contributions associated with the project. As further described in this report, CCC’s Modification 3 to the LCPA included an $800,000 fee to be paid by agreement between the CCC, and the applicant to fund new lower cost overnight visitor accommodations elsewhere in the Malibu/Santa Monica Mountains coastal zone. The CCC described that the payment could be directed toward a public project to implement affordable visitor-serving accommodations in the area. In addition, the CCC described a commitment made by the applicant to provide $250,000 to a nonprofit organization that provides free surf lessons and transportation to beaches in the Malibu area for children in underserved communities in the general Los Angeles area. These additional fees totaling $1,050,000, would be submitted directly to the CCC and Los Courage Camps per the CCC’s proposed modifications.

In total, the applicant will be contributing $1,960,000.

WORK PLAN: This item was not included in the Work Plan for Fiscal Year 2022-2023.

BACKGROUND: On September 13, 2021, the Council amended its LCP to change the land use and zoning designation of two adjacent commercially developed parcels identified as 22729 Pacific Coast Highway (PCH) (APN: 4452-022-010) and 22741 PCH (APN: 4452-022-017), from Community Commercial (CC) to Commercial Visitor Serving Two (CV-2) on the LCP Land Use Plan (LUP) Land Use Map and LCP Local Implementation Plan (LIP) Zoning Map. These two parcels together comprise approximately 1.18 acres of land known as the Sea View Hotel Site.

The LIP amendment proposed the creation of a new overlay district (the Sea View Hotel Overlay District) to accommodate the construction of a new 39-room hotel with associated amenities at 22729 and 22741 PCH. The overlay map would be added to the LIP Zoning Maps and would apply use restrictions and development standards over the properties.

The CC land use and zoning designation is intended to provide the community's residentserving needs, including uses such as restaurants, banks, offices, and retail. Hotel use is 2

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Agenda Item # 6.B.
not permitted in the CC zone and is only permitted within the CV-2 zone. To accommodate the proposed hotel development, the City determined that the properties needed to be rezoned from CC to CV-2 as part of the LCPA.

At the September 2021 meeting, the Council approved the LCPA and submitted the LCPA application to the CCC on November 15, 2021. The LCPA submittal was deemed complete by CCC staff and filed on March 21, 2022, for a hearing. At its June 2022 CCC meeting, the CCC extended the 90 working-day time limit to act on the LCPA for a period not to exceed one year from the original deadline of July 28, 2022.

DISCUSSION: On February 8, 2023, the CCC declined to approve the LCPA as approved by the City; however, the CCC conditionally approved the LCPA subject to the City Council approving the particular modifications required by the CCC. Because the LCPA was modified by the CCC, the LCPA must come back to the Council for consideration. The Council has until August 8, 2023, six months following CCC’s action, to either accept the modified LCPA or withdraw the LCPA. If the Council does not act within six months, the LCPA would not become effective.

If the Council accepts the modified LCPA, the Council will need to adopt an Ordinance at a future meeting since the modifications affect the LIP portion of the LCP. If adopted, the Ordinance would be transmitted to the CCC Executive Director for a final determination that the Council’s acceptance is consistent with the CCC’s action in February 2023. In this scenario, the modified LCPA would only become final when the CCC Executive Director reports its determination to the CCC at its next regularly scheduled meeting after receipt of the City’s Ordinance. Once reported, the LCPA becomes effective and is part of the City’s LCP.

If the Council does not accept the modified LCPA within six months of the CCC’s action, then the LCPA would remain uncertified and would not become effective. The Council has two options to not accept the modifications: 1) adopt a Resolution to formally withdraw the LCPA with the Council’s stated findings as to why the Council is not able to move forward with the LCPA modifications; or 2) allow the LCPA process to expire by not taking action within six months.

Should the Council choose to decline to accept the changes, the applicant could request that the Council submit a modified LCPA to address the CCC concerns. As the CCC has already taken action on the LCPA, modifications are no longer an option unless resubmitted as a new application.

The CCC’s approval of the amendment included seven suggested modifications (Attachments 1 and 2). These are summarized as follows:
3

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Agenda Item # 6.B.

Suggested Modification 1: Adds the corresponding addresses and assessor parcel numbers (22729 Pacific Coast Highway/APN 4452-022-010 and 22741 Pacific Coast Highway/APN 4452-022-017) to LIP Section 3.4.6 (Sea View Hotel Overlay District) and a minor typo edit referencing LIP Section 3.8.

Suggested Modification 2: Adds clarifying language to LIP Section 3.4.5(D) (Development Agreement) to require the applicant to contribute $800,000 to the City to be used for public benefits and amenities.

Suggested Modification 3: Adds a new subsection to LIP Section 3.4.6 (Sea View Hotel Overlay District) as follows:

E. Overnight Visitor-Serving Accommodations
NOTE: In addition to the requirements of LIP Section 12.10 regarding providing a component of lower cost overnight visitor accommodations, the owner of the Sea View Hotel Site as of the date of the Coastal Commission’s action on LCP Amendment No. LCP-4-MAL-21-0073-2 (“Applicant”) has agreed to enter into an agreement with the Coastal Commission to fund an associated escrow account, thereby committing to pay an in-lieu fee to another entity acceptable to the Executive Director of the Coastal Commission for use in developing lower cost visitor accommodations, to be released upon Applicant’s securing of entitlements to develop the site consistent with development standards of the Sea View Hotel Overlay District below.

CCC explained that Modification 3 was added to note an agreement made between the CCC and the property owner regarding payment of the $800,000 fee is in addition to the existing LCP requirements regarding the development of luxury overnight accommodations. CCC clarified that the purposes of the fee would be to fund new lower cost overnight visitor accommodations elsewhere in the Malibu/Santa Monica Mountains coastal zone. As part of the agreement with the CCC, the property owner funded an escrow account that would be released once the owner secures entitlements to development the hotel and said entitlements are no longer subject to challenge. The CCC described the payment could be directed toward an identified, potential public project to implement affordable visitor-serving accommodations – a planned campground on a

23.71-acre site (Lauber Smith Property) acquired by the Mountains Recreation and Conservation Authority (MRCA). The site is located outside of City limits in unincorporated Los Angeles County and adjacent to Ramirez Canyon Park. If proposed, portions of the property could be developed as a campground with flame-less facilities (tent pad sites, including ADA accessible tent pad sites) and visitor-serving improvements (parking, restrooms, and picnic areas) to serve the general public as well as underserved and foster youth programs of MRCA. However, CCC staff provides additional clarification in an Appendix to its February 2023 report (Attachment 2) that “no specific project for the in lieu 4

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Agenda Item # 6.B.
fee is called out in the Commission’s suggested modification, and it remains uncertain if the mitigation fee will go towards a campground project in Ramirez Canyon or to some other project.”
In addition to the in-lieu fee, the CCC explained that the property owner also committed to and entered into a contract to provide $250,000 to a nonprofit organization called “Los Courage Camps” to further its work providing free surf lessons and transportation to beaches in the Malibu area for children in underserved communities in the general Los Angeles area. The CCC explained that the additional $250,000 will increase equitable public access and recreation opportunities, furthering the goals of the Coastal Act and LCP with regard to access and environmental justice.

Note that the above amounts are in addition to a City-in lieu fee payment of $110,000 to provide lower cost overnight accommodations onsite or offsite. This in-lieu fee was required as part of the City’s previous approval of CDP No. 17-086 on September 13, 2021, for construction of the Sea View Hotel project. As part of the CDP, the City included Special Condition 34 requiring the $110,000 payment. The CCC explained that the City’s in-lieu fee option has not kept pace with the cost of providing lower cost accommodations in the coastal zone and is too low in comparison to the in-lieu mitigation fee that the CCC has required in recent past actions for new hotel development along the coast. CCC’s staff report provides its rationale and analysis to support the added $800,000 in-lieu fee in addition to the City’s $110,000 in-lieu fee.

On January 27, 2023, City staff provided comments to CCC staff regarding Suggested Modification 3 and requested that the $800,000 not be used to fund camping in high fire severity zones or in Environmentally Sensitive Habitat Areas (ESHA). CCC disagreed with City staff’s request for the following reasons:
 Camping is a form of lower-cost overnight visitor accommodations.  The entire City is within the Very High Fire Severity Zone (VHFSZ).  Requiring any camping to be situated outside of the VHFSZ would effectively preclude any new camping from being located within the City or the adjacent unincorporated Santa Monica Mountains.
 If the CCC were to restrict camping in the VHFSZ, this type of restriction would directly conflict with the lower cost overnight visitor accommodations in-lieu mitigation fee, policies and goals of the City’s LCP which is to assist in funding affordable overnight accommodations in the Malibu/Santa Monica Mountains coastal zone.
 Any new camping development will trigger a CDP to be reviewed by either the City or Los Angeles County depending on the location.
 Both the City’s LCP and Los Angeles County’s LCP require new development to minimize risks to life and property in fire hazard areas and also require the protection of areas designated as ESHA and require new development in areas 5

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Agenda Item # 6.B.
adjacent to ESHA to be sited and designed to prevent impacts which would significantly degrade those areas.

Suggested Modification 4: Adds language to LIP Section 3.4.6(F) (Development Standards) to clarify which LCP standard a proposed visitor-serving commercial development standard is intended to replace or supplement, as applicable (e.g., projections into yards, landscaping, open space, height projections, parking, and layout and paving). CCC explained that since many of the proposed development standards for visitor serving commercial development reflect the requirements that are currently contained in the LCP, but do not reflect all of them, it is important to provide clarification regarding the applicability of standards in order to ensure internal consistency and adequacy in carrying out the policies of the Land Use Plan.

Suggested Modification 5: Adds language to LIP Section 3.4.6(G) (Permitted Uses) that reads:

Permitted and conditionally permitted uses that are a component of the hotel development are subject to the custom development standards of the Sea View Hotel Overlay District. Permitted or conditionally permitted uses that are not a component of the hotel development are subject to all applicable policies and provisions of the certified LCP, including the Commercial Development Standards in LIP Section 3.8.

CCC explained this modification will ensure that all other permitted and conditionally permitted uses that are not associated with hotel development cannot be developed with the modified hotel-specific development standards under the overlay district and, therefore, will ensure that new development will not have significant adverse effects, either individually or cumulatively, on coastal resources. Other minor clarifications are incorporated into this section to avoid ambiguity (e.g., deleted reference to design standards and restaurant parking, and clarification on conditional use permits being required in addition for conditionally permitted uses).

Suggested Modification 6: Adds the corresponding addresses and assessor parcel numbers (22729 Pacific Coast Highway/APN 4452-022-010 and 22741 Pacific Coast Highway/APN 4452-022-017) to the proposed LIP Section 3.4.6 Sea View Hotel Overlay District text and Sea View Hotel Overlay District Map.

Suggested Modification 7: Modifies the LIP Zoning Map to depict the Sea View Hotel Overlay District site as two parcels APN 4452-002-010 and 4452-022-017.

ENVIRONMENTAL IMPACT: The proposed City Council actions, including without limitation, direction to prepare an Ordinance or Resolution was adequately covered in Initial Study (IS) No. 21-001 and Mitigated Negative Declaration (MND) No. 21-001 for the 6

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Agenda Item # 6.B.

Sea View Hotel (SCH #2012041087), adopted by the City Council on September 13, 2021 (Resolution No. 21-45). The proposed City Council actions are not a separate “project” for CEQA purposes but is a subsequent discretionary action related to a previously approved project (CEQA Guidelines § 15378(c)). Additionally, pursuant to CEQA Guidelines Section 15162, and based on the review of the entire record, including without limitation, the IS/MND, the City Council finds that the proposed actions do not require further environmental review as: 1) no substantial changes are proposed to the project and no substantial changes have occurred that require major revisions to the IS/MND due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that shows the project will have one or more significant effects not discussed in the IS/MND. Pursuant to CEQA Guidelines §15162(b), the City Council finds and recommends that no further analysis or environmental documentation is necessary. Accordingly, the proposed City Council actions are merely a step-in furtherance of the original project for which environmental review was performed and no supplemental or subsequent CEQA has been triggered, and no further environmental review is required.

CONCLUSION: Staff requests Council to provide direction on next steps regarding the LCPA. If the Council accepts the modified LCPA, staff will return with an Ordinance to accept the modified LCPA. If the Council does not accept the modified LCPA, staff could return with a Resolution to withdraw the LCPA with the Council’s stated findings if so directed.

ATTACHMENTS:

1. CCC Modifications to City LCPA (redlined version)

2. CCC Staff Report and Attachments, February 8, 2023
7 City LCPA No. 16-006
CCC LCPA No. LCP-4-MAL-21-0073-2
ATTACHMENT 1
CCC Modifications to City LCPA – February 8, 2023
(City text in straight type; CCC edits in strikethrough and underline) LIP Chapter 3.4 is amended to add Section 3.4.6 as follows:

3.4.6 Sea View Hotel Overlay District (22729 Pacific Coast Highway/APN 4452- 022-010 and 22741 Pacific Coast Highway/APN 4452-022-017) A. Purpose. The provisions of this section provide custom development criteria and uses for the development of the Sea View Hotel project, as referred to in the Sea View Hotel Development Agreement, a commercial, visitor-serving, transient lodging accommodation development. These include maximum density and intensity standards, including floor area ratios for commercial use not to exceed the maximum floor area ratio allowed pursuant to the LUP where public benefits and amenities are provided as part of the project, development standards, including heights, lot coverage, setbacks and open space requirements.

B. Description of Area Subject to LIP Section 3.4.6. The provisions of this section shall apply to the Project Site, a 51,776 square foot (1.19 acre) site parcel, comprised of two merged parcels, currently identified as 22729 Pacific Coast Highway and 22741 Pacific Coast Highway (Los Angeles County Assessor Parcel Numbers 4452-022-010 and 4452-022-017) in the Sea View Hotel Overlay District map.

C. Applicability. The Commercial Development Standards contained in LIP Section

3. 18, as well as other applicable certified LCP policies and provision shall apply, unless specifically modified by this section.

D. Development Agreement. Pursuant to a Development Agreement between the property owner and the City of Malibu, the allowable Floor to Area Ratio (FAR) is increased from 0.15 to 0.52 if . Tthe applicant will contributes $800,000 to the City for public benefits and amenities, to be expended as the City Council determines to be an appropriate use.

E. Overnight Visitor-Serving Accommodations
NOTE: In addition to the requirements of LIP Section 12.10 regarding providing a component of lower cost overnight visitor accommodations, the owner of the Sea View Hotel Site as of the date of the Coastal Commission’s action on LCP Amendment No. LCP-4-MAL-21-0073-2 (“Applicant”) has agreed to enter into an agreement with the Coastal Commission to fund an associated escrow account, thereby committing to pay an in-lieu fee to another entity acceptable to the Executive Director of the Coastal Commission for use in developing lower cost visitor accommodations, to be released upon Applicant’s securing of entitlements to develop the site consistent with development standards of the Sea View Hotel Overlay District below.
8 EF. Development Standards.

YARDS/SETBACKS. The provisions of LIP Section 3.8(A)(2) shall not apply. The Sea View Hotel yards/setbacks requirements are as follow:

Minimum Front Yard Setback 16% of lot depth
Minimum Rear Yard Setback 15% of lot depth
Minimum Side Yard Setback
(West)
15% of lot width
Minimum Side Yard Setback
(East)
12 feet
Minimum Side Yard Setback
(Cumulative)
None

PROJECTIONS INTO YARDS
The provisions of LIP Section 3.5.3(B) apply with
the is modified as followings additional provision:
• Access and exit stairs required by the Fire
Department, and existing retaining walls may
project without limit into required side yards.

SITE DEVELOPMENT CRITERIA
Maximum Floor Area Ratio
(F.A.R.)
The provisions of LIP Section 3.8(A)(5)(a) shall
not apply. The Sea View Hotel site development
criteria are as follow:
• The gross square footage of all buildings shall
be limited to a maximum FAR of 0.52 of the
lot area (excluding any street rights of way).

Floor area excludes access hallways and
storage areas created by excavation into the
hillside and not visible from Pacific Coast
Highway or any other public area not to
exceed 386 square feet.

Minimum Onsite Landscaping The provisions of LIP Section 3.8(A)(5)(b) shall not apply. The Sea View Hotel landscaping criteria
are as follows:

A minimum of 8,977 square feet of landscaping at
ground level. Additionally, there shall be a
minimum of 2,528.6 square feet of plants in
planters on the southerly seaward areas of the
various decks.

Minimum Onsite Open Space The provisions of LIP Section 3.8(A)(5)(b) shall not apply. The Sea View Hotel open space criteria
are as follows:

A minimum of 1,313.8 square feet of private
recreational area at ground level and first level
reception area and 21,494 square feet at guest deck
patios, not already included in landscape area, are
required.
9 HEIGHT
Maximum Height Projections The provisions of LIP Section 3.8(A)(1) shall not apply. The Sea View Hotel height requirements
are as follow:
• New structures which have sloping roofs that
slope less than 25% shall be no higher than 24
feet above the existing natural grade or
finished grade, whichever results in a lower
building height, excluding basements
• New structures which have sloping roofs that
slope 25%, or more, shall be no higher than
28 feet above the existing natural grade or
finished grade, whichever results in a lower
building height, excluding basements. Areas
such as elevator shafts in order to comply
with ADA laws, the wooden deck above the
existing tile rooftop deck, the fire exit stairs
required by the Fire Department, the safety
railing around the decks, and the sound wall
as described in the Mitigated Negative
Declaration are excluded from the referenced
height restrictions. Seven-foot overhangs to
eliminate sun from hitting south facing
windows are excluded from the height
standards.

PARKING AND ACCESS
Parking Requirements The provisions of LIP Sections 3.14.2 and 3.14.3 shall not apply. The Sea View Hotel parking
requirements are as follows:
• 1.5 parking spaces per hotel room.
• 1 space for each, per-shift employee (15-full
time employees per shift = 15 spaces)
• 1 space for each 100 square feet of gross floor
area used for consumption of food or
beverages, or public recreation areas (890/100
= 9 spaces).
• 1 space for each 5 fixed seats, or for every 35
square feet of assembly area where there are
no fixed seats in meeting rooms or other
assembly areas.

Parking Location The provision of LIP Section 3.14.5(A)(2) is modified as follows:
• Required parking may be located in the
required front yard setback.
10 Layout and Paving The provisions of LIP Section 3.14.5 are modified or shall not apply as follows:
• The provision of LIP Section 3.14.5(D)(5)
shall not apply. Tire stops are not required for
valet parking spaces.
• The provisions of LIP Sections 3.14.5(C) and
(E) shall not apply.
• The landscaped areas and the parking plan
shown on the Sea View Hotel plans are an
integral part of the proposed hotel and are
acceptable within the overlay district.

MONUMENT SIGN AND GENERAL SIGN REQUIREMENTS
The provisions of LIP Section 3.15.6 are modified
or shall not apply as follows:
• The provisions of LIP Section

3.15.6(A)(2)(d)(iii) shall not apply.
• Two signs shall be permitted, each sign shall
be a maximum of 48 square feet, and a
maximum height of 6 feet, excluding the base
area supporting the sign. One monument sign
and one building sign shall be permitted.
• One address monument sign shall be
permitted up to a maximum of 16 square feet,
excluding the base area supporting the sign.
• There shall be no setbacks required from
rights of way or property lines for monument
signs.

F. G. PERMITTED USES
The following permitted, conditionally permitted, and prohibited uses and design standards are as follows:shall apply to the Sea View Hotel Overlay District. Permitted and conditionally permitted uses that are a component of the hotel development are subject to the custom development standards of this Sea View Hotel Overlay District.

Permitted or conditionally permitted uses that are not a component of the hotel development are subject to all applicable policies and provisions of the certified LCP, including the Commercial Development Standards in LIP Section 3.8. a. Permitted Uses: The uses and structures permitted within Sea View Hotel Overlay District are as follows:
i. All uses permitted in the Commercial Visitor Serving-2, (CV-2), land use zoning district, as specified in the LCP.
ii. Restaurants that are open to the general public will require one parking space for every 100 square feet of serving area.
11 iii. Retail store which sells beach towels, chairs, sunscreen, hats, bathing suits, food items, and other items that may be desired by hotel guests. iv. Electric car charging stations.
v. Private lockers available to guests for storage of recreational equipment including, but not limited to surfboards, boogie boards, beach towels, umbrellas, and chairs.
vi. Residential accommodations for a full-time onsite property manager to ensure that all hotel rules are followed at all times.
vii. Medical offices.
viii. Special events for public congregations or entertainment, which are temporary in nature.
ix. Spas, including, but not limited to, steam rooms, lockers, bathrooms. x. Salons.
xi. Gyms with physical fitness training equipment.
xii. Guest rooms with private decks, rooftop deck; rooftop decks are restricted to hotel guests unless used for special events.
xiii. General office use including, but not limited to the reception office. xiv. Other uses determined by the Planning Director to be of a similar nature to uses permitted in this district and the uses referenced above. b. Prohibited Uses. The following uses are specifically prohibited:
i. Fast food restaurants with drive-thru facilities.
ii. Liquor stores (stand-alone).
iii. Adult book stores.
iv. Hazardous waste facilities.
v. Gas stations.
c. Conditionally Permitted Uses. The following uses may be permitted subject to additionally obtaining a Conditional Use Permit in accordance with the requirements of the MMC:
i. All conditionally permitted uses in the Commercial Visitor Serving-2, (CV2), land use zoning district, as specified in the LCP. ii. Cocktail lounges, ancillary to restaurant use.
iii. Nursery schools and daycare facilities.
iv. Veterinary hospitals.
v. Churches, temples, mosques and other places of worship. vi. Hand car washing and detailing, except when the vehicles are owned by a guest of the hotel.
vii. Wireless telecommunications antennae and facilities. viii. Emergency communication and service facilities.
ix. Cultural and artistic uses (museums, galleries, and performing arts studios). x. Sale or onsite consumption of alcoholic beverages
12 City LCPA No. 16-006
CCC LCPA No. LCP-4-MAL-21-0073-2
ATTACHMENT 1
Modify the Zoning Map to depict the Sea View Hotel project site as two parcels. 22729 Pacific Coast Highway/APN 4452-002-010 & 22741 Pacific Coast Highway/APN 4452- 022-017
13 Modify the Sea View Hotel Overlay District Figure to depict the Sea View Hotel project site as two parcels and add addresses to depict which parcels are subject to the overlay. 14 STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SOUTH CENTRAL COAST DISTRICT OFFICE
89 SOUTH CALIFORNIA STREET, SUITE 200
VENTURA, CA 93001
(805) 585-1800
W11a
DATE: January 26, 2023
TO: Commissioners and Interested Persons
FROM: Steve Hudson, District Director
Barbara Carey, District Manager
Deanna Christensen, District Supervisor
Denise Gonzalez, Coastal Program Analyst
SUBJECT: City of Malibu Local Coastal Program Amendment No. LCP-4-MAL-21- 0073-2 (Sea View Hotel Project) for February 8, 2023 Commission Meeting

SUMMARY OF STAFF RECOMMENDATION
The City of Malibu’s (“City”) proposed Local Coastal Program (LCP) Amendment No. LCP4-MAL-21-0073-2 consists of changes to the Land Use Plan (LUP) and Local Implementation Plan (LIP) portions of its certified LCP. Staff recommends that the Commission, after public hearing, approve the proposed LUP amendment as submitted.

The proposed LUP amendment is consistent with and meets the requirements of the policies of Chapter 3 of the Coastal Act. Commission staff further recommends that the Commission deny the proposed LIP amendment as submitted and approve the proposed LIP amendment with seven suggested modifications. The modifications are necessary to ensure the proposed LIP amendment conforms with, and is adequate to carry out, the provisions of the certified LUP, as amended. The motions to accomplish these recommendations are found on Pages 7-9 of this staff report.

The City is requesting an amendment to modify the land use and zoning designation of two parcels at 22741 Pacific Coast Highway (APN: 4452-022-017) and 22729 Pacific Coast Highway (APN: 4452-022-010) from Community Commercial (CC) to Commercial Visitor Serving-Two (CV-2) on the LUP Land Use Map and LIP Zoning Map. These two parcels, which are owned variously by three property owners, together comprise approximately 1.18 acres of land known as the Sea View Hotel Site (“subject site”). The amendment further proposes the creation of a new overlay district (Sea View Hotel Overlay District) with special development standards to facilitate the development of a new 39-room luxury hotel.

The amendment also includes increasing the development’s allowable Floor Area Ratio (FAR) beyond what is permitted under the existing LCP, which triggers the need for a Development Agreement to be approved through an LCP amendment certified by the Coastal Commission pursuant to LIP Section 3.8(A)(5). Therefore, the proposed amendment also includes the approval of a Development Agreement between the City and the property owners to increase the maximum allowable FAR from 0.15 to 0.52 in conjunction with a payment of $800,000 to the City to be expended as the City Council 15 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
2 determines to be an appropriate use.

The standard of review for the changes to the Land Use Plan is whether the amendment meets the requirements of and is consistent with the policies of Chapter 3 of the Coastal Act. The standard of review for the proposed changes to the Local Implementation Plan is whether the amendment conforms with and is adequate to carry out the provisions of the Land Use Plan portion of the certified City of Malibu LCP as amended.

The amendment request is project-specific to allow for the construction of a new 39-room luxury hotel on the subject site. The proposed overlay map will be added to the LIP Zoning Maps and the proposed overlay text will apply use restrictions and development standards over the property. The proposed overlay site is currently zoned Community Commercial, which does not allow hotels as a permitted use. Hotel use is only permitted within Commercial Visitor Serving Two. Therefore, to accommodate the proposed hotel development, the City proposes to change the land use and zoning designation of the subject site from CC to CV-2.

Visitor-serving commercial development, including overnight accommodations, is considered a priority use under the Coastal Act and the Malibu LCP and is given priority over other land uses such as general commercial or residential development. The subject site is located on the landward side of Pacific Coast Highway (PCH) in a commercial area of the City, approximately one-third mile east of the Malibu Pier and Civic Center area. The site is developed with existing commercial buildings and associated surface parking areas.

Properties in the immediate vicinity are zoned CC, CV-1, and CV-2 and are developed with commercial structures and uses, including hotels such as the Malibu Beach Inn and Nobu Ryokan and several restaurants. Further north, there is an area of hillside residential development.

Visitor-serving commercial uses provide greater public benefit than community commercial uses because they are designed to serve a larger segment of the population that can take advantage of and enjoy the use of the property, and such uses support visitors to the coast.

All future development on the subject site will need to support the visitor-serving nature of the area, be consistent with the allowable uses under the Commercial Visitor Serving land use designation and be consistent with the policies and provisions of the certified LCP. The site is appropriate for visitor-serving commercial use, for instance, the proposed hotel development. The proposed LUP amendment to change the land use designation to CV-2, as submitted, is consistent with Chapter 3 policies of the Coastal Act.

The key issue raised by this amendment request is the adequate provision of lower-cost visitor-serving overnight accommodations. In this case, no existing lower-cost rooms are being demolished or replaced since the proposed hotel project does not include the demolition of an existing lower-cost hotel or motel. However, this is a project-specific request to allow a new 39-room luxury hotel at the site and the proposal raises an issue of whether the project specific LCP amendment is consistent with the Coastal Act and LCP policies to ensure that proposed visitor-accommodation facilities in the coastal zone include lower-cost accommodations. Under the City’s LCP, if a property owner proposes to build new overnight luxury accommodations, LUP Policy 2.35 and LIP Section 12.10 allow for the payment of an in-lieu fee of $10,419 (and adjusted for inflation) applied to fifteen percent (15%) of the total number of new rooms built on a property as a mechanism to ensure 16 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
3 compliance with the objectives of Section 30213 and 30222 of the Coastal Act and Policies

2.33, 2.34, 2.36 and 2.37 of the Malibu LCP. However, recognizing that the LCP’s required base in-lieu mitigation fee of $10,419 is too low in comparison to the in-lieu mitigation fee per required lower-cost room (not provided onsite) that the Commission has required in recent past actions for new hotel development along the coast, the property owners have offered to pay a total in-lieu mitigation fee of $800,000 (or approximately $133,000 per room applied to 15% of the new 39 luxury hotel rooms) to assist in funding affordable overnight accommodations elsewhere in the Malibu/Santa Monica Mountains coastal zone.

However, because the property owners did not propose the $800,000 mitigation fee as part of its underlying coastal development permit applications to the City, this proposed fee is not reflected in the proposed LCP amendment request.

To provide an effective alternative mechanism for the hotel project proponent to provide a component of lower cost overnight visitor accommodations through an up-to-date in-lieu mitigation fee as required by the Commission in recent Commission’s actions, the property owners and the Commission staff have worked cooperatively to reach an agreement on a mechanism whereby the property owners have agreed to provide an $800,000 in-lieu fee to an appropriate third party entity through an escrow account for use in developing low-cost visitor serving overnight accommodations in the Malibu/Santa Monica Mountains coastal zone. These escrow funds would be released once the owners secure entitlements to develop the site with a hotel use and those entitlements are no longer subject to challenge.

The owners have also agreed to deliver in escrow a Declaration of Covenants, to be recorded upon effective certification of this LCP amendment. Once the Declaration of Covenants is recorded, the obligation for payment of the $800,000 in-lieu fee runs with the land and is binding on any future owners. This provision provides extra assurances that the lack of provision for lower cost overnight accommodations with a new luxury hotel development will be mitigated even if the current property owners decide not to pursue the project. As such, the agreement is structured to provide the Commission with the assurance of payment of the fee, which represents an opportunity to provide lower cost visitor-serving accommodations elsewhere near the project area. And using an escrow arrangement provides the property owners assurance that the required fee will only be transferred upon securing final entitlements for the hotel development. In order to ensure that the proposed amendment will provide a component of lower cost visitor-serving overnight accommodations in the Coastal Zone through an up-to-date in-lieu mitigation fee, Staff is recommending a suggested modification to note the agreement between the Coastal Commission and the property owners regarding payment of the fee is in addition to the existing LCP requirements regarding the development of luxury overnight accommodations.

The LCP amendment includes creation of a new overlay district (Sea View Hotel Overlay District) with special development standards to facilitate the development of a new 39-room luxury hotel. The coastal development permit for the hotel development within the overlay district site has already been approved by the City of Malibu, conditioned to not be effective until certification of the subject LCP amendment. As such, Commission staff have conducted a project-level review of the proposed development and recommend adopting suggested modifications to the proposed overlay district development standards to ensure consistency with the relevant policies and provisions of the LCP. The remaining 17 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
4 modifications are minor clarifications to LIP text and figures that further the intent and implementation of the LCP and to avoid ambiguity.

For the reasons described in this report, Staff recommends that the Commission find that the proposed LUP amendment is consistent with and meets the requirements of the policies of Chapter 3 of the Coastal Act, and find the proposed LIP amendment, only if modified as suggested, is consistent with and adequate to carry out the applicable policies of the certified LUP as amended.
18 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
5 Table of Contents
I. PROCEDURAL OVERVIEW................................................................................ 6 A. Standard of Review............................................................................................................ 6 B. Procedural Requirements................................................................................................... 6 C. Public Participation............................................................................................................. 7 II. STAFF RECOMMENDATION, MOTION, AND RESOLUTION FOR THE LAND USE PLAN AMENDMENT ................................................................................... 7 A. APPROVAL OF THE LAND USE PLAN AMENDMENT AS SUBMITTED ......................... 7 III. STAFF RECOMMENDATION, MOTIONS, AND RESOLUTIONS FOR THE LOCAL IMPLEMENTATION PLAN AMENDMENT .............................................. 8 A. DENIAL OF THE LOCAL IMPLEMENTATION PLAN AS SUBMITTED............................. 8 B. APPROVAL OF THE LOCAL IMPLEMENTATION PLAN AMENDMENT WITH SUGGESTED MODIFICATIONS ....................................................................................... 8 IV. SUGGESTED MODIFICATIONS ON THE LOCAL IMPLEMENTATION PLAN AMENDMENT...................................................................................................... 9 V. FINDINGS FOR APPROVAL OF THE LUP AMENDMENT AS SUBMITTED,

DENIAL OF THE LIP AMENDMENT AS SUBMITTED, AND APPROVAL OF THE LIP AMENDMENT IF MODIFIED AS SUGGESTED..................................13 A. Amendment Description and Background........................................................................14 B. Public Access and Recreation..........................................................................................16 C. New Development and LCP Administration .....................................................................29 D. California Environmental Quality Act ................................................................................33 Exhibits
Exhibit 1 – Proposed LIP Amendment Text Changes in Strikethrough/Underline Exhibit 2 – Proposed Land Use and Zoning Map Change
Exhibit 3 – Proposed Sea View Hotel Overlay District Map Exhibit 4 – Proposed Development Agreement
Exhibit 5 – Vicinity Map
Exhibit 6 – Aerial View of the Subject Parcels
Exhibit 7 – Parcel Map
Exhibit 8 – Overall Site Plan for Sea View Hotel Project 19 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
6 I. PROCEDURAL OVERVIEW
A. Standard of Review
The Coastal Act provides:

The Commission shall certify a land use plan, or amendments thereto, if it finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200) … (Section 30512(c)) The local government shall submit to the Commission the zoning ordinances, zoning district maps, and, where necessary, other implementing actions that are required pursuant to this chapter…(Section 30513)
…The Commission may only reject zoning ordinances, zoning district maps, or other implementing actions on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. If the Commission rejects the zoning ordinances, zoning district maps, or other implementing actions, it shall give written notice of the rejection, specifying the provisions of the land use plan with which the rejected zoning ordinances do not conform, or which it finds will not be adequately carried out together with its reasons for the action taken…(Section 30513)
The Commission may suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the local government and transmitted to the commission, shall be deemed approved upon confirmation by the executive director...(Section 30513) Any proposed amendments to a certified local coastal program shall be submitted to, and processed by, the commission in accordance with the applicable procedures and time limits specified in Sections 30512 and 30513… (Section 30514(b)) Pursuant to Section 30512(c), the standard of review that the Commission utilizes in reviewing the adequacy of the proposed amendment to the City’s certified land use plan (LUP) is whether the proposed amendment is consistent with, and meets the requirements of, the policies of Chapter 3 of the Coastal Act. The standard of review for the proposed amendment to the City’s certified local implementation plan (LIP), pursuant to Sections 30513 and 30514(b) of the Coastal Act, is whether the proposed amendment is in conformance with, and adequate to carry out, the provisions of the LUP portion of the City’s certified local coastal program (LCP).

B. Procedural Requirements
If the Commission certifies the LCP amendment as submitted, no further City Council action will be necessary pursuant to Section 13544(b)(2) of Title 14 of the California Code of Regulations. Should the Commission deny the LCP Amendment, as submitted, without suggested modifications, no further action is required by either the Commission or the City 20 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
7 Council, and the LCP amendment is not effective, pursuant to Section 13542(f). Should the Commission deny the LCP Amendment, as submitted, but then approve it with suggested modifications, then the City Council may consider accepting the suggested modifications and submitting them by resolution to the Executive Director for a determination that the City Council’s acceptance is consistent with the Commission's action. In that scenario, pursuant to Section 13544(c) of Title 14 of the California Code of Regulations, the modified LCP Amendment will become final when the Executive Director reports the determination that the local government's action is legally adequate to the Commission at its next regularly scheduled public meeting. If the City Council does not accept the suggested modifications within six months of the Commission’s action, then the LCP amendment remains uncertified and not effective.

C. Public Participation
Section 30503 of the Coastal Act requires public input in the preparation, approval, certification, and amendment of any LCP. The City held public hearings on this amendment and received oral and written comments regarding the proposed changes from concerned parties and members of the public. The hearings were duly noticed, consistent with the provisions of Section 13515 of Title 14 of the California Code of Regulations. Notice of the Coastal Commission’s consideration of the subject amendment has been distributed to all known interested parties.

II. STAFF RECOMMENDATION, MOTION, AND RESOLUTION

FOR THE LAND USE PLAN AMENDMENT
Following public hearing, staff recommends the Commission adopt the following resolution and findings. The appropriate motion to introduce the resolution and a staff recommendation is provided.

A. APPROVAL OF THE LAND USE PLAN AMENDMENT AS SUBMITTED MOTION I:

I move that the Commission certify Land Use Plan Amendment No. LCP-4-MAL-21- 0073-2 as submitted by the City of Malibu.

STAFF RECOMMENDATION TO CERTIFY:

Staff recommends a YES vote. Passage of this motion will result in certification of the Land Use Plan amendment as submitted and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the appointed Commissioners.

RESOLUTION TO CERTIFY THE LAND USE PLAN AMENDMENT AS SUBMITTED:

The Commission hereby certifies the City of Malibu Land Use Plan Amendment No. LCP21 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
8 4-MAL-21-0073-2 as submitted by the City of Malibu and adopts the findings set forth below on the grounds that the amendment will meet the requirements of and be in conformity with the policies of Chapter 3 of the Coastal Act. Certification of the Land Use Plan amendment complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the land use plan on the environment, or 2) there are no further feasible alternatives or mitigation measures which could substantially lessen any significant adverse impact which the Land Use Plan amendment may have on the environment.

III. STAFF RECOMMENDATION, MOTIONS, AND

RESOLUTIONS FOR THE LOCAL IMPLEMENTATION PLAN

AMENDMENT
Following public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff recommendation is provided prior to each resolution.

A. DENIAL OF THE LOCAL IMPLEMENTATION PLAN AS SUBMITTED MOTION I:

I move that the Commission reject Local Implementation Plan Amendment No. LCP4-MAL-21-0073-2 as submitted by the City of Malibu.

STAFF RECOMMENDATION OF DENIAL:

Staff recommends a YES vote. Passage of this motion will result in denial of the Implementation Plan Amendment as submitted and adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the appointed Commissioners.

RESOLUTION TO DENY AS SUBMITTED:

The Commission hereby denies certification of the Local Implementation Plan Amendment No. LCP-4-MAL-21-0073-2 as submitted by the City of Malibu and adopts the findings set forth below on the grounds that the Local Implementation Plan Amendment, as submitted, does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plan. Certification of the Local Implementation Plan Amendment would not meet the requirements of the California Environmental Quality Act, as there are feasible alternatives and mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the local implementation plan amendment as submitted.

B. APPROVAL OF THE LOCAL IMPLEMENTATION PLAN AMENDMENT

WITH SUGGESTED MODIFICATIONS
22 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
9 MOTION II:

I move that the Commission certify Local Implementation Plan Amendment No. LCP4-MAL-21-0073-2 for the City of Malibu if it is modified as suggested in this staff report.

STAFF RECOMMENDATION TO CERTIFY WITH SUGGESTED MODIFICATIONS:

Staff recommends a YES vote. Passage of this motion will result in certification of the local implementation plan amendment with suggested modifications and adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the appointed Commissioners.

RESOLUTION TO CERTIFY WITH SUGGESTED MODIFICATIONS:

The Commission hereby certifies the Local Implementation Plan Amendment No. LCP-4- MAL-21-0073-2 for the City of Malibu, if modified as suggested, and adopts the findings set forth below on grounds that the local implementation plan amendment with the suggested modifications will meet the requirements of and be in conformity with the policies of Chapter 3 of the Coastal Act. Certification of the land use plan amendment, if modified as suggested, complies with the California Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen the any significant adverse effects of the land use plan amendment on the environment, or 2) there are no further feasible alternatives or mitigation measures that would substantially lessen any significant adverse impacts which the local implementation plan amendment may have on the environment.

IV.SUGGESTED MODIFICATIONS ON THE LOCAL

IMPLEMENTATION PLAN AMENDMENT
The staff recommends the Commission certify the proposed LIP amendment, with seven suggested modifications as shown below. Existing language of the certified Local Implementation Plan is shown in straight type. Language proposed to be added by the City of Malibu in this amendment is shown in underlined. Language proposed to be deleted by the City of Malibu in this amendment is shown as strikethrough. Language recommended by Commission staff to be inserted is shown in double underlined. Language recommended by Commission staff to be deleted is shown in double strikethrough.

Suggested Modification No. 1
LIP Section 3.4.6 (Sea View Hotel Overlay District), and subsection B and C of LIP Section

3.4.6 shall be modified as follows:

3.4.6 Sea View Hotel Overlay District (22729 Pacific Coast Highway/APN 4452-022-010 and 22741 Pacific Coast Highway/APN 4452-022-017)
23 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
10 …
B. Description of Area Subject to LIP Section 3.4.6. The provisions of this section shall apply to the Project Site, a 51,776 square foot (1.19 acre) site, parcel, comprised of two merged parcels, currently identified as 22729 Pacific Coast Highway and 22741 Pacific Coast Highway (Los Angeles County Assessor Parcel Numbers 4452-022-010 and 4452-022-017) in the Sea View Hotel Overlay District map.

C. Applicability. The Commercial Development Standards contained in LIP Section

3.18, as well as other applicable certified LCP policies and provision shall apply, unless specifically modified by this section.

Suggested Modification No. 2
Subsection D of LIP Section 3.4.6 (Sea View Hotel Overlay District) shall be modified as follows:

D. Development Agreement. Pursuant to a Development Agreement between the property owner and the City of Malibu, the allowable Floor to Area Ratio (FAR) is increased from 0.15 to 0.52 if. Tthe applicant will contributes $800,000 to the City for public benefits and amenities, to be expended as the City Council determines to be an appropriate use.

Suggested Modification No. 3
The following subsection shall be added to LIP Section 3.4.6 (Sea View Hotel Overlay District):

E. Overnight Visitor-Serving Accommodations
NOTE: In addition to the requirements of LIP Section 12.10 regarding providing a component of lower cost overnight visitor accommodations, the owner of the Sea View Hotel Site as of the date of the Coastal Commission’s action on LCP Amendment No.

LCP-4-MAL-21-0073-2 (“Applicant”) has agreed to enter into an agreement with the Coastal Commission to fund an associated escrow account, thereby committing to pay an in-lieu fee to another entity acceptable to the Executive Director of the Coastal Commission for use in developing lower cost visitor accommodations, to be released upon Applicant’s securing of entitlements to develop the site consistent with development standards of the Sea View Hotel Overlay District below.

Suggested Modification No. 4
Subsection E of LIP Section 3.4.6 (Sea View Hotel Overlay District) shall be modified as follows:

EF. Development Standards.
24 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
11 …

PROJECTIONS INTO YARDS
The provisions of LIP Section 3.5.3(B) apply with the
is modified as following s additional provision:
• Access and exit stairs required by the Fire
Department, and existing retaining walls may
project without limit into required side yards.

SITE DEVELOPMENT CRITERIA
…
Minimum Onsite
Landscaping
The provisions of LIP Section 3.8(A)(5)(b) shall not
apply. The Sea View Hotel landscaping criteria are as
follows:

A minimum of 8,977 square feet of landscaping at
ground level. Additionally, there shall be a minimum
of 2,528.6 square feet of plants in planters on the
southerly seaward areas of the various decks.

Minimum Onsite Open
Space
The provisions of LIP Section 3.8(A)(5)(b) shall not
apply. The Sea View Hotel open space criteria are as
follows:

A minimum of 1,313.8 square feet of private
recreational area at ground level and first level
reception area and 21,494 square feet at guest deck
patios, not already included in landscape area, are
required.

HEIGHT
Maximum Height
Projections
The provisions of LIP Section 3.8(A)(1) shall not
apply. The Sea View Hotel height requirements are
as follow:
• New structures which have sloping roofs that
slope less than 25% shall be no higher than 24
feet above the existing natural grade or finished
grade, whichever results in a lower building
height, excluding basements
• New structures which have sloping roofs that
slope 25%, or more, shall be no higher than 28
feet above the existing natural grade or finished
grade, whichever results in a lower building
height, excluding basements. Areas such as
elevator shafts in order to comply with ADA laws,
the wooden deck above the existing tile rooftop
25 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
12 deck, the fire exit stairs required by the Fire
Department, the safety railing around the decks,
and the sound wall as described in the Mitigated
Negative Declaration are excluded from the
referenced height restrictions. Seven-foot
overhangs to eliminate sun from hitting south
facing windows are excluded from the height
standards.

PARKING AND ACCESS
Parking Requirements The provisions of LIP Sections 3.14.2 and 3.14.3 shall not apply. The Sea View Hotel parking requirements
are as follows:
• 1.5 parking spaces per hotel room.
• 1 space for each, per-shift employee (15-full time
employees per shift – 15 spaces)
• 1 space for each 100 square feet of gross floor
area used for consumption of food or beverages,
or public recreation areas.
• 1 space for each 5 fixed seats, or for every 35
square feet of assembly area where there are no
fixed seats in meeting rooms or other assembly
areas.
…
Layout and Paving The provisions of LIP Section 3.14.5 are modified or shall not apply as follows:
…
• The landscaped areas and the parking plan
shown on the Sea View Hotel plans are an
integral part of the proposed hotel and are
acceptable within the overlay district.

MONUMENT SIGN AND GENERAL SIGN REQUIREMENTS
The provisions of LIP Section 3.15.6 are modified or
shall not apply as follows:
• The provisions of LIP Section 3.15.6(A)(2)(d)(iii)
shall not apply.
…
Suggested Modification No. 5
Subsection F of LIP Section 3.4.6 (Sea View Hotel Overlay District) shall be modified as 26 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
13 follows:

FG. PERMITTED USES
The following permitted, conditionally permitted, and prohibited uses and design standards are as follows: shall apply to the Sea View Hotel Overlay District. Permitted and conditionally permitted uses that are a component of the hotel development are subject to the custom development standards of this Sea View Hotel Overlay District.

Permitted or conditionally permitted uses that are not a component of the hotel development are subject to all applicable policies and provisions of the certified LCP, including the Commercial Development Standards in LIP Section 3.8. a. Permitted Uses: The uses and structures permitted within Sea View Hotel Overlay District are as follows:
i. All uses permitted in the Commercial Visitor Serving-2, (CV-2), land use zoning district, as specified in the LCP.
ii. Restaurants that are open to the general public will require one parking space for every 100 square feet of serving area.
…
c. Conditionally Permitted Uses. The following uses may be permitted subject to additionally obtaining a Conditional Use Permit in accordance with the requirements of the MMC:
i. All conditionally permitted uses in the Commercial Visitor Serving-2, (CV-2), land use zoning district, as specified in the LCP.

Suggested Modification No. 6
Modify the Sea View Hotel Overlay District Map (attached as Exhibit 3 of this staff report) to depict the Sea View Hotel Overlay District site as two parcels and add corresponding addresses and assessor parcel numbers (22729 Pacific Coast Highway/APN 4452-022-010 and 22741 Pacific Coast Highway/APN 4452-022-017) to differentiate which parcels are subject to the Sea View Hotel Overlay District.

Suggested Modification No. 7
Modify the LIP Zoning Map (attached as Exhibit 2 of this staff report) to depict the Sea View Hotel Overlay District site as two parcels APN 4452-002-010 and 4452-022-017.

V. FINDINGS FOR APPROVAL OF THE LUP AMENDMENT AS

SUBMITTED, DENIAL OF THE LIP AMENDMENT AS

SUBMITTED, AND APPROVAL OF THE LIP AMENDMENT IF

MODIFIED AS SUGGESTED
27 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
14 The following findings support the Commission’s certification of the proposed Land Use Plan amendment as submitted, the Commission’s denial of the proposed Local Implementation Plan amendment as submitted, and approval of the Local Implementation Plan Amendment if modified as suggested (detailed in Section IV. Suggested Modifications above).

The Commission hereby finds and declares as follows:

A. Amendment Description and Background
The City of Malibu (“City”) is requesting an amendment to the Land Use Plan (LUP) and Local Implementation Plan (LIP) portions of its certified LCP to change the land use and zoning designation of two adjacent commercially developed parcels identified as 22729 Pacific Coast Highway (PCH) (APN: 4452-022-010) and 22741 Pacific Coast Highway (APN: 4452-022-017), from Community Commercial (CC) to Commercial Visitor Serving Two (CV-2) on the LUP Land Use Map and LIP Zoning Map. These two parcels together comprise approximately 1.18 acres of land known as the Sea View Hotel Site (“subject site”).

The LIP amendment further proposes the creation of a new overlay district (Sea View Hotel Overlay District) to accommodate the construction of a new 39-room hotel with associated amenities on the subject site (22729 and 22741 Pacific Coast Highway). The proposed overlay map will be added to the LIP Zoning Maps (Exhibit 2) and will apply use restrictions and development standards over the property. The proposed overlay site is currently zoned Community Commercial and contains existing development consisting of commercial buildings and associated parking areas. The Community Commercial (CC) land use and zoning designation is intended to provide the community's resident-serving needs, including uses such as restaurants, banks, offices, and retail. Hotel use is not permitted in the CC zone and is only permitted within the Commercial Visitor Serving Two (CV-2) zone. To accommodate the proposed hotel development, the City determined that the subject site needed to be rezoned from CC to CV-2.

Additionally, the proposed hotel project seeks to remodel and convert one of the existing commercial buildings (which is currently non-conforming in regard to height and floor area ratio) located on the subject site at 22741 PCH. It proposes an allowable floor area ratio greater than currently allowed under the commercial development standards of the City’s LCP. The existing FAR for the existing development on 22741 PCH is 0.46. Therefore, the City determined that a new overlay district with specific development standards (maximum density, including floor area ratios for commercial use, heights, lot coverage, open space requirements, setbacks, and parking and sign requirements) is needed to accommodate some of the as-built existing development (which would remain on the subject site), as well as modifying some of the development standards related to parking, parking locations, maximum allowable floor area ratio to accommodate the proposed hotel development.

Development Agreement
Pursuant to the certified Malibu LCP, increasing the Floor Area Ratio (FAR) beyond what is allowed under the LCP, which is proposed in the overlay district development standards, 28 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
15 triggers the need for a development agreement to be approved through an LCP amendment certified by the Coastal Commission (LIP Section 3.8(A)(5)). Therefore, the proposed amendment also includes the approval of a Development Agreement between the City and property owners that sets forth the terms of the agreement regarding the eventual development of the subject site, including allowable uses, development standards, and maximum allowable floor area ratio (FAR). The development agreement also details the applicant’s ability to develop a new hotel with an increased allowable floor area ratio from 0.15 to 0.52 in conjunction with a payment of $800,000 to the City to be expended as the City Council determines to be an appropriate use. The Development Agreement is discussed in greater detail in Subsection B (New Development and Cumulative Impacts) below.

The full text of the City’s proposed changes to the LCP is included as Exhibits 1-3 of this report.

On August 13, 2021, before the City’s August 19, 2021, City Council hearing, Commission staff emailed City staff with regarding the proposed LIP Amendment. Furthermore, Commission staff has met with City staff to discuss the proposed amendment, and staff has provided the suggested modifications to the City’s planning staff. However, the City staff has not indicated whether or not they are supportive of the suggested modifications. In addition, Commission staff has coordinated closely with the property owners to reach an agreement on a mechanism whereby the property owners have agreed to provide an in-lieu fee for use in developing low-cost visitor serving overnight accommodations in the Malibu/Santa Monica Mountains coastal zone.

The City of Malibu submitted the subject LCP Amendment to the Commission on November 15, 2021. The amendment submittal was deemed complete by Commission staff and filed on March 21, 2022. At its June 2022 Commission meeting, the Commission extended the 90 working-day time limit to act on the LCP amendment for a period not to exceed one year from the original deadline of July 28, 2022.

Background and Sea View Hotel Project Description
The subject “Sea View Hotel” property is comprised of two parcels (22729 and 22741 PCH) and is at the base of a steep hillside to the north (Exhibit 6). The site is located on the landward side of PCH in a commercial area of the City, approximately one-third mile east of the Malibu Pier and Civic Center area. Further north, there is an area of hillside residential development. The site is developed with an existing 15,392 square foot, four-level office building (still operating today with business tenants) and an associated 9,500 square foot parking area containing 60 parking spaces (22741 PCH), and a 1,000 square foot building, two canopies, and surface parking for a gas station use that operated until 2005. Due to the steep hillside, the office building was constructed in a stepped fashion, such that each level is located higher up and stepped into the hillside. As such, the height of the existing commercial/office building varies from 26.5 feet to 48 feet above the existing grade and up to 25 to 40 feet higher in elevation than 22729 PCH.

The subject Sea View Hotel property owners propose merging the two parcels associated 29 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
16 with the proposed overlay district and constructing a new 39-room luxury hotel, including remodeling the existing commercial building that would remain in place. An Initial Study and Mitigated Negative Declaration were prepared and adopted for the project by the City pursuant to CEQA. The City has also approved the coastal development permit for the lot merger and hotel development. However, the coastal development permit was conditioned by the City to only be effective after certification of the subject LCP amendment.

Notwithstanding the requirements of Malibu LIP Section 13.16 that a Final Local Action Notice be submitted to the Commission within seven days of City action, the Final Local Action Notice, in this case, has never been submitted to the Commission. Therefore, the approved CDP related to this site is not final. Specifically, the City approved the following:

On September 13, 2021, the City approved Demolition Permit No. 20-019, Coastal Development Permit No. 17-086, Conditional Use Permit No. 21-001, and Lot Merger No. 20-002 to merge the two subject parcels (22741 and 22729 PCH), demolish the existing gas station, and construct a new four-story, 26,734 square foot, 39-room hotel involving the remodel of an existing four-story, commercial building, and construction of a new two-story, 11,342 square foot addition with a basement. The project includes a restaurant/bar, spa, rooftop deck, swimming pool, new surface parking lot, hardscape and landscaping, grading, retaining wall, utilities, and an upgrade and expansion of the existing onsite wastewater treatment system.

Pursuant to Special Condition 34 of the CDP, the applicant/property owner is required to pay a fee of $110,000 to the City in-lieu of providing lower cost overnight accommodations.

On September 13, 2021, the City approved the subject LCP amendment to modify the land use and zoning designation of two subject parcels from Community Commercial to Commercial Visitor Serving-Two, a new overlay district with special development standards to facilitate the development of a hotel, and a Development Agreement to allow an increase in allowable floor area from 0.15 to 0.52. The City also adopted Initial Study No. 21-001, Mitigated Negative Declaration No. 21-001, and Mitigation Monitoring and Reporting Program No. 21-001 for the project.

B. Public Access and Recreation
A core goal of the Coastal Act is to protect the public’s ability to recreate in and enjoy the coastal zone, particularly for coastal visitors not fortunate enough to live by the shoreline.

The Coastal Act’s access and recreation policies provide significant direction regarding protecting existing public recreational access opportunities and ensuring that such access opportunities are provided and maximized. Specifically, Coastal Act Section 30210 requires that maximum public access and recreation opportunities be provided, stating:

In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.
30 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
17 Similarly, the Coastal Act requires that overnight accommodations, particularly lower-cost accommodations, be protected and encouraged as a means of providing public recreation access to the coast.

Section 30213 of the Coastal Act states:

Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Development providing public recreational opportunities are preferred.

The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.

Furthermore, Coastal Act Section 30222 places a higher priority on the provision of visitorserving uses designed to enhance public opportunities for coastal recreation over residential, industrial, or general commercial uses.

Section 30222 of the Coastal Act states:

The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential general commercial development, but not over agriculture or coastal-dependent industry.

The Coastal Act policies above have been incorporated in their entirety into the certified Land Use Plan. The Malibu LCP also contains several additional policies to ensure the protection of public access and overnight accommodations.

The following Land Use Plan (LUP) policies are applicable in this case:

Land Use Plan Policy 2.1 states:

The shoreline, parklands, beaches and trails located within the City provide a wide range of recreational opportunities in natural settings which include hiking, equestrian activities, bicycling, camping, educational study, picnicking, and coastal access. These recreational opportunities shall be protected, and where feasible, expanded or enhanced as a resource of regional, state and national importance.

Land Use Plan Policy 2.25 states:

New development shall provide off-street parking sufficient to serve the approved use in order to minimize impacts to public street parking available for coastal access and recreation.

Land Use Plan Policy 2.33 states:
31 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
18 Priority shall be given to the development of visitor-serving and commercial recreational facilities designed to enhance public opportunities for coastal recreation.

On land designated for visitor-serving commercial and/or recreational facilities, priority shall be given to such use over private residential or general commercial development. New visitor-serving uses shall not displace existing low-cost visitorserving uses unless an equivalent replacement is provided.

Land Use Plan Policy 2.34 states:

Existing, lower cost visitor-serving and recreational facilities, including overnight accommodations, shall be protected to the maximum feasible extent. New lower cost visitor and recreational facilities, including overnight accommodations, shall be encouraged and provided, where designated on the LUP Map. Priority shall be given to developments that include public recreational opportunities. New or expanded facilities shall be sited and designed to minimize impacts to environmentally sensitive habitat areas and visual resources.

Land Use Plan Policy 2.35 states:

New development of luxury overnight visitor-serving accommodations shall be designed to provide for a component of lower cost overnight visitor accommodations (e.g., campground, RV park, hostel, or lower cost hotel/motel). The lower-cost visitor accommodations may be provided on-site, off-site, or through payment of an in-lieu fee into a fund to subsidize the construction of lower-cost overnight facilities in the Malibu-Santa Monica Mountains Coastal Zone area of Los Angeles County or Ventura County. The applicant shall be required to provide lower-cost overnight accommodations consisting of 15 percent of the number of luxury overnight accommodations that are approved.

Land Use Plan Policy 2.36 states:

Coastal recreational and visitor serving uses and opportunities, especially lower cost opportunities, shall be protected, encouraged, and where feasible, provided by both public and private means. Removal or conversion of existing lower cost opportunities shall be prohibited unless the use will be replaced with another offering comparable visitor serving or recreational opportunities.

Land Use Plan Policy 2.37 states:

Priority shall be given to the development of visitor-serving commercial and/or recreational uses that complement public recreation areas or supply recreational opportunities not currently available in public parks or beaches. Visitor-serving commercial and/or recreational uses may be located near public parks and recreational areas only if the scale and intensity of the visitor-serving commercial recreational uses is compatible with the character of the nearby parkland and all applicable provisions of the LCP.

Land Use Plan Policy 5.11 states:
32 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
19 Recreational development and commercial visitor-serving facilities shall have priority over non-coastal dependent uses. All uses shall be consistent with protection of public access and ESHA.

In addition, the following Local Implementation Plan (LIP) sections are specifically applicable in this case:

LIP Section 12.10 (New Luxury Overnight Accommodations), in relevant part, states:

A. The City may approve new luxury overnight visitor accommodations if the evidence shows and the City finds, that the project provides a component of lower cost overnight visitor accommodations, such as a campground, RV park, hostel, or lower cost hotel or motel rooms. The lower cost overnight accommodations may be provided, either onsite, offsite, or through payment of an in-lieu fee to the City for deposit into a fund to subsidize the construction of lower cost overnight facilities in the Malibu-Santa Monica Mountains Coastal Zone area of Los Angeles County or Ventura County. The applicant shall be required to provide lower cost overnight accommodations consisting of fifteen (15) percent of the number of luxury overnight accommodations that are approved. Luxury overnight accommodations shall be defined as the point at which the cost of an overnight room exceeds 120 percent of the median cost of an overnight room for all overnight accommodations in the City of Malibu.

B. If the applicant chooses the in-lieu fee option, the project approval shall be conditioned to require that, prior to issuance of the coastal development permit, the applicant shall pay the required in-lieu fee to the City. The amount of the inlieu fee shall be $10,419 per required unit of lower cost overnight accommodations, plus an additional amount for inflation from January 2000 to the date of approval of the coastal development permit. If the City completes a fee study to determine the appropriate in-lieu fee, which provides the necessary mitigation, the in-lieu fee requirement may be revised accordingly.

Visitor-Serving Lands
Visitor-serving commercial development is considered a priority use under the Coastal Act and the Malibu LCP, and is given priority over other non-coastal dependent development.

In order to ensure that new development is located in areas able to accommodate it and where it will not have significant cumulative impacts on coastal resources, as required by the Coastal Act and Malibu LCP, it is necessary for the LCP to designate the appropriate location, density, and intensity for different kinds of development. Such designations must also take into account the requirements of other applicable policies of Chapter 3 of the Coastal Act and the Malibu LUP, including public access, recreation, land and marine resources, and scenic and visual quality.

The City is requesting an amendment to the LUP and LIP portions of its certified LCP to change the land use and zoning designation of two adjacent commercially developed 33 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
20 parcels identified as 22729 Pacific Coast Highway (PCH) and 22741 Pacific Coast Highway from Community Commercial (CC) to Commercial Visitor Serving Two (CV-2) on the LUP Land Use Map and LIP Zoning Map. These two parcels together comprise approximately

1.18 acres of land known as the Sea View Hotel Site (“subject site”). The subject site contains existing development consisting of commercial buildings and surface and covered parking. The City has stated that the proposed LUP/Zoning Map change is intended to accommodate the development of a new 39-room luxury hotel.

The Community Commercial (CC) designation is intended to provide for the residentserving needs of the community, similar to the types of uses allowed in the neighborhood serving commercial developments but on parcels of land more suitable for concentrated commercial activity. Uses that are allowed in the CC land use designation include, but are not limited to, small retail stores, salons and bookstores, restaurants, offices, financial institutions, medical clinics, service stations, health care facilities, offices, and public open space and recreation. The maximum Floor to Area Ratio (FAR) for CC development is

0.15. The maximum FAR may be increased to a maximum of 0.20, where public benefits and amenities are provided as part of the project.

The Commercial Visitor Serving (CV) designation provides for visitor serving uses such as hotels and restaurants that are designed to be consistent with the rural character and natural environmental setting, as well public open space and recreation uses. Additionally, CV designations are divided into two levels of intensity. Hotels are only permitted in CV-2 designations, the highest intensity designation. The maximum Floor to Area Ratio (FAR) for CV development is 0.15. The maximum FAR may be increased to a maximum of 0.25, where public benefits and amenities are provided as part of the project.

The subject site is located on the landward side of PCH in a commercial area of the City, approximately one-third mile east of the Malibu Pier and Civic Center area. Properties in the immediate vicinity are zoned CC, CV-1, and CV-2 and are developed with commercial structures and uses, including hotels such as the Malibu Beach Inn and Nobu Ryokan, and several restaurants. Further north, there is an area of hillside residential development. The site is near parks, public beaches, accessways, and trails/bikeways where public access and recreation is available to visitors. For these reasons, the site is appropriate for visitorserving commercial use, such as the proposed hotel development. Consistent with Coastal Act Section 30222, and LUP Policies 2.33, 2.36, and 5.11, which state that priority shall be given to the development of visitor-serving and commercial recreational facilities designed to enhance public opportunities for coastal recreation, the proposed land use/zoning change from community commercial to visitor serving commercial will ensure that visitor serving uses are prioritized on the subject sites. Visitor-serving commercial uses provide greater public benefit than community commercial uses because they serve a larger segment of the population who can take advantage of and enjoy the use of the property, and such uses support visitors to the coast. All future development of the subject site will need to support the visitor-serving nature of the area, be consistent with the allowable uses under the CV land use designation/zone, and be consistent with the policies and provisions of the certified LCP.

Lower Cost Overnight Accommodations
34 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
21 These Coastal Act and LCP policies make clear that public recreational access, particularly as it relates to the specific needs of the visiting public, is of critical importance and must be protected and maximized. Overnight accommodations are necessary for providing public access and recreational opportunities for the many visitors that live further from the coast, including those from inland areas, where a coastal trip may require a lengthy car, train, or bus ride. For many low and moderate-income visitors, lower-cost overnight accommodations are essential to being able to access the California coast at all. These access issues are perhaps more apparent than ever now and more critical as they relate to overnight accommodations, as coastal visitors are increasingly priced out of the overnight accommodations market, particularly impacting low and middle-income households, communities of color, and many young people.1
Specifically, Section 30213 of the Coastal Act provides for the protection and provision of lower cost visitor and recreational facilities. Visitor-serving commercial development is considered a priority use under the Coastal Act, and, pursuant to public access policies of the Coastal Act, the Commission has the responsibility to ensure that a range of affordable facilities be provided in new development along the coast, including overnight accommodation options.

Furthermore, given the limited availability of overnight accommodations in Malibu, access issues also raise environmental justice concerns. Under Section 30604 of the Coastal Act, “[w]hen acting on a coastal development permit, the issuing agency, or the Commission on appeal, may consider environmental justice, or the equitable distribution of environmental benefits throughout the state.” As defined in Section 30107.3 (a) of the Coastal Act, “environmental justice” means “the fair treatment and meaningful involvement of people of all races, cultures, incomes and national origins, with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.” Thus, environmental justice considerations are relevant to the Commission’s review.

Overview of Malibu’s Overnight Accommodations
Demand for overnight accommodations is especially high in the City of Malibu because of its proximity to the coast and historical reputation as a popular coastal community. The City lies entirely within the Coastal Zone and extends approximately 26 miles from the Ventura County Line to Topanga Canyon Boulevard on the east. The beaches of Malibu are worldfamous tourist destinations for millions of visitors annually from foreign countries, all 50 states of the U.S., as well as for residents of cities and towns throughout California. In addition, the Santa Monica Mountains area within and adjacent to the City provides an extensive network of public trails that traverse and connect Federal, State, and County parklands and a system of heavily used historic trails on private land. Overall, a wide variety of recreational opportunities exist in the area, including hiking, biking, horseback riding, camping, fishing, picnicking, nature study, surfing, diving, and swimming. Public access to and along the shoreline and trails and the provision of public recreational opportunities and visitor-serving facilities such as campgrounds, hotels, and motels have 1 See “Explore the Coast Overnight: An Assessment of Lower-Cost Coastal Accommodations” by the California Coastal Conservancy (March 2019) and California Coastal Commission Public Workshop Staff Report on Lower-Cost Visitor-Serving Accommodations (October 2016).
35 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
22 historically been a critical and controversial issue in Malibu.

Despite being a significant visitor-serving destination, there are limited facilities within the City that offer overnight accommodations for visitors within its 21 miles of coastline. There are six hotels (The M Malibu, The Surfrider, Malibu Beach Inn, Malibu County Inn, The Native, and Nobu Ryokan) within the City, containing a total of 130 rooms. Additionally, the City contains one Recreational Vehicle (RV) park (Malibu RV Park), which includes 142 RV sites and 35 tent camping sites. Although there are several hotels and motels in other cities surrounding Malibu, the approximate 21 miles of Malibu coastline is only serviced by approximately 130 hotel rooms, 142 RV sites, 35 tent sites, and the City’s existing shortterm rental stock.

Trends in Coastal Overnight Accommodations
The Commission has approved new hotel developments along the coastline as high-priority visitor-serving facilities, however, high room rates can render these visitor-serving hotels exclusive2. The Commission has required mitigation for the use of land that would have otherwise been available for lower-cost and visitor-serving facilities. The Commission has also approved projects and LCP amendments requiring the development of overnight accommodations with facilities that serve a range of incomes. In past actions, where the development proposed has not provided for a range of affordability on-site, the Commission had required offsite mitigation, in the form of payment of an in-lieu mitigation fee to fund construction of lower-cost overnight accommodations, e.g., hostels, recreational vehicle (RV) parks, campgrounds, etc.

In November 2016, the Commission staff presented a comprehensive study of lower-cost visitor accommodations eliminated from the coastal zone since 19893. The study considered six cost categories ranging from “economy” to “luxury” and found that 24,720 total economy rooms had been lost, while only 11,247 rooms of the higher cost categories had been lost since 19894. These survey results indicate that nearly 70% of all hotel rooms eliminated from the coastal zone from 1989 to 2016 were economy rooms, whereas less than 10% of the rooms lost were in the upscale and luxury categories. Of the hotels that are being developed, a greater number of hotels offer high-cost accommodations. The remaining moderate and lower-cost hotels in the coastal zone typically constitute older structures that become less economically viable as time passes. It is often more lucrative for developers to replace these older structures with higher-cost accommodations. Such trends have thus made it difficult for visitors with limited financial means to access the coast; many of these visitors travel from inland locations and cannot easily make the trip to the coast and back home again in a single day.

Although statewide demand for lower-cost accommodations in the coastal zone is difficult 2 Explore the Coast Overnight- An Assessment of Lower Cost Accommodations, published by State Coastal Conservancy on January 8, 2019.
3 Ref. Public Workshop: Lower Cost Visitor Serving Accommodations, published by Commission staff on October 26, 2016.
4 Ref. Public Workshop: Lower Cost Visitor Serving Accommodations, published by Commission staff on October 26, 2016.
36 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
23 to quantify, there is no question that low-cost hotels, camping, and hostel opportunities are in high demand in coastal areas and that there is an ongoing need to provide more lowercost opportunities along California’s coast. In a Coastal Conservancy-commissioned survey conducted in 2017, an assessment of lower-cost overnight accommodations found that “respondents cited financial concerns as the primary reason they do not stay overnight at the coast. Over 45% of Californians said that overnight accommodations at the coast were inconvenient or unaffordable.”5
Sea View Hotel Project-Specific LCP Amendment
The amendment request is project-specific to allow for the construction of a new 39-room luxury hotel on the subject site with changes to the land use and zoning designation to permit the construction of new overnight luxury accommodations and a new overlay district with special development standards to facilitate the development of a hotel.

As stated above, in light of current trends in coastal overnight accommodations, the Commission is increasingly concerned with the challenge of providing lower-cost overnight accommodations consistent with the Coastal Act. Although low-cost overnight facilities are not currently developed on the subject site, the proposed change in both the land use and zoning designation and the proposed overlay district would accommodate the development of a luxury hotel that may not include a component of lower cost overnight accommodations. As the trend continues to build upscale and luxury hotel development on land that is designated for hotel/motel development, persons of low and moderate incomes will make up fewer of the guests staying in the City of Malibu’s coastal zone. By forcing this economic group to lodge elsewhere, there will be a direct impact on public access to the beach and coastal recreational areas within the area. With the loss of potential low-cost lodging facilities, a large segment of the state’s population will be excluded from overnight stays within this coastal area. Therefore, by protecting and providing low-cost lodging for the price-sensitive visitor, a larger segment of the population will have a greater opportunity to enjoy access to the beach area through overnight stays along or near the coast.

Furthermore, access to coastal recreational facilities, such as the beaches, harbor, piers, and other coastal points of interest, are also enhanced when there are overnight lodging facilities that serve a broader segment of the population.

The certified Malibu LCP also contains policies and provisions for the protection of lowercost overnight accommodations, outlined above. Specifically, LUP Policy 2.33 prioritizes the development of visitor-serving commercial recreational facilities that enhance public opportunities for coastal recreation over private residential or general commercial development. LUP Policy 2.36 protects existing, lower cost visitor serving facilities and encourages the development of new lower cost facilities. LUP Policy 2.35 requires that new development of overnight visitor-serving accommodations include a component of lower cost facilities or provide mitigation in the form of an in-lieu fee to help subsidize the construction of lower cost facilities.

Furthermore, LUP Policy 2.35 and LIP Section 12.10 state that the City may approve new 5 Explore the Coast Overnight- An Assessment of Lower Cost Accommodations, published by State Coastal Conservancy on January 8, 2019.
37 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
24 luxury overnight visitor accommodations if the evidence shows and the City finds, that the project provides a component of lower cost overnight visitor accommodations, such as a campground, RV park, hostel, or lower cost hotel or motel rooms. Furthermore, LIP Section

12.10 states that lower cost overnight accommodations may be provided, either onsite, offsite, or through payment of an in-lieu fee to the City for deposit into a fund to subsidize the construction of lower cost overnight facilities in the Malibu-Santa Monica Mountains Coastal Zone area of Los Angeles County or Ventura County. The applicant shall be required to provide lower cost overnight accommodations consisting of fifteen percent of the total number of approved luxury overnight accommodations. If instead the applicant chooses the in-lieu fee option, the project approval shall be conditioned to require the applicant to pay an in-lieu fee to the City of $10,419 per required unit of lower cost overnight accommodations, plus an additional amount for inflation from January 2000 to the date of approval of the CDP. In this case, fifteen percent of the proposed 39 luxury overnight accommodations/rooms equates to 5.85 lower cost overnight accommodations/rooms required to be provided under the LCP.

As stated above, the City has already approved the coastal development permit (CDP No. 17-086) for the subject hotel development and conditioned the CDP to require the property owners to pay a fee of $110,000 to the City in-lieu of providing lower cost overnight accommodations (Special Condition No. 34). The property owners agreed to contribute an in-lieu fee to the City of $17,671.22 per 6 rooms for a total of $106,027.32 ($10,419 plus inflation using the California Department of Industrial Relations CPI Increase 2000-2020 equates to $17,671). Therefore, the City approval of the CDP for the hotel development provides for this in-lieu fee to offset the loss of low-cost overnight accommodations opportunities.

In this case, no existing lower-cost rooms are being demolished or replaced since the proposed project related to the subject LCP amendment does not include demolishing an existing lower-cost hotel or motel. However, the project raises an issue of whether the project specific LCP amendment is consistent with the Coastal Act’s and LCP’s policies to ensure that proposed visitor-accommodation facilities in the coastal zone include lower-cost rooms.

As stated above, the preferred method to ensure consistency with Coastal Act sections 30213 and 30222 is the provision of new lower-cost rooms on or near the project site.

However, the City’s LCP (LIP Section 12.10) allows for lower cost overnight accommodations to be provided, either onsite, offsite, or through payment of an in-lieu fee to the City for deposit into a fund to subsidize the construction of lower cost overnight facilities. In this case, the property owners decided to provide lower cost overnight accommodations through payment of an in-lieu fee to the City.

However, the City’s LCP in-lieu fee option of $10,419 per required unit of lower cost overnight accommodations, plus an additional amount for inflation, has not kept pace with the cost of providing lower cost accommodations in the coastal zone and is therefore too low in comparison to the in-lieu mitigation fee per required lower-cost room (not provided onsite) that the Commission has required in recent past actions for new hotel development along the coast, which is discussed in more detail below. 38 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
25 In-Lieu Mitigation Fee
In 2014, following Commissioner questions regarding the adequacy of the in-lieu fee for lower-cost accommodations at Commission hearings, Hostelling International provided an updated report representing the true construction costs of a new hostel, which stated that new construction costs approximately $42,120 per hostel bed without the cost of land acquisition. In order to verify this information, the Commission consulted Maurice Robinson & Associates. Robinson concurred with the figures and stated: “This lends itself to a twotiered Index for a representative cost to develop low-cost lodging statewide. The $42,120 per bed estimate for the structure can be indexed on an annual basis, either by CPI (Consumer Price Index) or, alternatively, with a more construction industry-specific index such as the Turner Building Cost Index.”
The Turner Building Cost Index is used widely by federal and state governments to measure costs in the non-residential building construction market in the United States.6 Robinson further expanded on the cost of providing motel or hotel rooms rather than hostel beds and estimated:
“These new motel rooms would likely cost nearly $100,000 per room to develop (excluding land), which is more than twice the cost of a hostel bed, mostly due to the fact that motels require approximately twice the gross square footage per person than hostels.”
A standard hotel or motel room (250 sq. ft. average) represents a much larger space than a single hostel bed. The cost of constructing new low-cost hotel rooms with new lower-cost hotel/motel rooms is significantly higher than replacing them with hostel beds. Following this information and suggestion, the Commission required new high cost hotel projects and projects that eliminated existing lower-cost overnight accommodations to pay an in-lieu mitigation fee of $100,000 per required lower-cost room not provided onsite.7 This requirement was based on information provided in 2015. However, when considering the approximate 27% increase in the Turner Building Cost Index in the last seven years (likely related to inflation and other factors), the estimated cost of constructing a lower-cost hotel or motel room has increased from $100,000 per room to $127,000 per room.8 Robinson also recommended that land costs be calculated separately from construction costs in the in-lieu mitigation fee. It is important to note that in-lieu mitigation fees are often accepted and used by many public and non-profit organizations. The in-lieu fees provide funding to public agencies and non-profit organizations, including California State Parks, Mountains Recreation and Authority, and Hostelling International, for the provision of lowercost overnight visitor accommodations within or near the coastal zone. These lower-cost overnight visitor accommodations include, but are not limited to, RV park sites, hostel accommodations, campgrounds, cabins, and lower-cost hotel or motel accommodations. 6 The Turner Building Cost Index is used widely by federal and state governments to measure costs in the nonresidential building construction market in the United States. (Ref. https://www.turnerconstruction.com/cost-index) 7 Ref. CDP 5-18-0872 (Sunshine Enterprises, LP), CDP 5-20-0181 (B&J Capital Group Investments) 8 The Turner Building Cost Index was 943 for 2015 and 1199 for 2021. 1199 – 943 = 256 / 943 = 0.27 * 100% = 27% increase
39 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
26 These agencies and organizations often already own land and require solely construction funds. As such, the mitigation fee of $127,000 per lower-cost hotel room does not include land costs. Maurice Robinson & Associates addresses the widely varying cost of land acquisition:
“The range in land costs might be as great as from $100/sf to $600/sf in Los Angeles County’s Coastal Zone. For a 10,000 sf parcel of land, the total land costs could be anywhere from $1 million to $6 million—a huge range. This variability in the price of land dwarfs the cost of providing the hostel improvements[.] …This illustrates the need for the Commission to find alternative, lower-cost ways to acquire the land replacement low-cost lodging. As examples, the proposed hostels could be built on land owned by the following non-private-sector types of entities:
- Public agencies, such as State Parks, which have similar social goals; - Non-profit organizations, which may not require a market-level rate of return; or - Quasi-public agencies, such as Port Districts, but leased at a below-market rate.

Indeed, while the cost to construct the hostel building would be expected to remain fairly constant throughout the State, the land costs could vary dramatically in each case.”
Here, a mitigation fee including the cost of land acquisition is unnecessary because the mitigation funds proposed by the applicant would be directed to a third party entity acceptable to the Executive Director of the Coastal Commission that has land available for providing lower-cost visitor amenities in the Malibu/Santa Monica Mountains coastal zone, with the intention that such projects do not require the purchase of land.

As indicated above, the property owners propose the construction of 39 luxury overnight accommodations and has volunteered to pay a fee of $110,000 to the City in-lieu of providing lower cost overnight accommodations onsite or offsite. In addition, the property owners, in consultation with Commission staff, have offered to pay an in-lieu mitigation fee of $800,000 ($133,000 per room) to assist in funding affordable overnight accommodations elsewhere in the Santa Monica Mountains coastal zone. The fee proposed by the property owners is consistent with the in-lieu mitigation fee per required lower-cost room that the Commission has required in recent past actions9 for new hotel development along the coast and is significantly more than the fee required by the City ($110,000).

The property owners, in consultation with Commission staff, have identified a potential public project to which to direct the $800,000 fee to implement affordable visitor-serving accommodations. In May 2020, the Mountains Recreation and Conservation Authority (“MRCA”) acquired the 23.71-acre Lauber Smith Property in the Santa Monica Mountains for a mix of habitat conservation, open space, and public access and recreation uses. The property is about 9 miles northwest of the subject “Sea View Hotel” site, within the coastal zone of unincorporated Los Angeles County, adjacent to Ramirez Canyon Park, and just outside Malibu city limits. In particular, MRCA’s goal is, in part, to develop campground 9 Ref. CDP A-5-VEN-21-0011 (Wynkoop Properties, LLC); CDP 5-18-0872 (Shore Hotel) 40 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
27 facilities, including flame-less facilities (tent pad sites, including ADA accessible tent pad sites) and visitor-serving improvements (parking, restrooms, and picnic areas) on portions of the property to serve the general public as well as underserved and foster youth programs of MRCA. The use of these funds in this manner would be consistent with LUP Policies 2.33, 2.34, 2.36, and 2.37 to create or protect visitor serving and recreational uses.

Because the property owners did not propose the $800,000 mitigation fee as part of its underlying coastal development permit applications to the City, this proposed fee is not reflected in the proposed LCP amendment request.

To provide an effective mechanism for the project proponent to provide a component of lower cost overnight visitor accommodations through an up-to-date in-lieu mitigation fee required by the Commission in recent actions, the property owners and the Commission staff have worked cooperatively to reach an agreement on a mechanism whereby the property owners have entered into an agreement with the Coastal Commission and funded an associated escrow account, thereby committing to pay an $800,000 in-lieu fee for use in developing lower cost visitor accommodations, to be released once the owner secures entitlements to develop the site with a hotel use and those entitlements are no longer subject to challenge. Commission staff, in consultation with MRCA, have identified a potential public project to which to direct the $800,000 fee in this case (new camping at the Lauber Smith Property adjacent to Ramirez Canyon,) that is in close proximity to the subject site and will provide a greater range of low-cost camping experiences for a more diverse ability range of the public.

The escrow agreement also provides for the delivery into escrow of a Declaration of Covenants by the current property owners, to be recorded upon effective certification of the LCP amendment. If the conditions for recordation of the Declaration of Covenants are met, the obligation for payment of the $800,000 in-lieu fee runs with the land and is binding on any future owners, so that the mitigation will be secured whenever a hotel project eventually proceeds, even if the specific project covered by the City’s existing CDP does not ultimately come to fruition and the escrow funds are returned. This provision thus provides extra assurances that the lack of provision for lower cost overnight accommodations with a new luxury hotel development will be mitigated even if the current property owners decide not to pursue the hotel project. As such, the agreement is structured to provide the Commission with assurance of payment of the fee, which is necessary to provide a component of lower cost overnight visitor accommodations through an up-to-date in-lieu mitigation fee. Using an escrow arrangement assures the property owners that the required fee will only be transferred upon securing final entitlements for the planned development beyond legal challenge.

The Commission is requiring Suggested Modification Three (3) to note the agreement between the Coastal Commission and the property owners regarding payment of the fee is in addition to the existing LCP requirements regarding the development of luxury overnight accommodations. The purpose of the fee would be to fund new lower cost overnight visitor accommodations elsewhere in the Malibu/Santa Monica Mountains coastal zone.

In addition to the in-lieu fee proposed to provide a component of lower cost overnight 41 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
28 accommodations, the property owners have also committed to and entered into a contract to provide $250,000 to a nonprofit organization called “Los Courage Camps” to further its work providing free surf lessons and transportation to beaches in the Malibu area for children in underserved communities in the general Los Angeles area. The organization’s website states that: “Los Courage Camps’ mission is to teach the diverse children of Los Angeles who have never experienced the ocean how to surf and consequently connect them with their courage, potential, inner strength, and leadership”. The property owners state that the proposed funding will provide for a large bus and driver, lunches, towels, wetsuits, surfboards, surfing instructors, and a grant writer (to seek additional grant funding). While the provision of this proposed funding does not directly provide lower cost overnight accommodations, it will increase equitable public access and recreation opportunities, furthering the goals of the Coastal Act and LCP with regard to access and environmental justice.

Sea View Hotel Overlay District
The LIP portion of the City’s amendment request proposes to create a new overlay district (Sea View Hotel Overlay District), which will apply use restrictions and development standards over the subject site. The proposed Sea View Hotel project involves the construction of a new four-story, 26,734 square foot, 39-room luxury hotel involving the remodel of an existing four-story, non-conforming commercial building (non-conforming in regards to the building height and square footage/floor area ratio), and construction of a new two-story, 11,342 square foot addition with a basement. The new Sea View Hotel overlay district has been tailored to accommodate the proposed Sea View Hotel development project. One of the proposed Sea View Hotel overlay development standards is a reduction in the required parking for hotel development at the subject site (1.5 parking spaces per hotel room instead of 2 spaces per hotel room). LUP Policy 2.25 requires that new development provide sufficient off-street parking to serve the approved use in order to minimize impacts to public street parking available for coastal access and recreation.

Reductions in parking standards have the potential to affect public access. In this case, although the proposed overlay standard includes a reduction in the required parking for hotel development, this reduction will only apply within this overlay district, and the City determined that the reduced parking standard provides sufficient off-street parking to serve the proposed hotel development and would not result in any adverse impacts to public street parking available for coastal access and recreation consistent with LUP Policy 2.25.

Conclusion
For the reasons stated above, the Commission finds that the proposed LUP amendment to change the land use designation of the subject property from Community Commercial (CC) to Commercial Visitor Serving Two (CV-2), as submitted, will give priority to visitor serving commercial recreation uses and is therefore consistent with the Chapter 3 policies of the Coastal Act.

As discussed in detail above, the City’s certified Land Use Plan (LUP) goal is to preserve coastal access, including the provision of lower cost overnight accommodations within the City’s Coastal Zone. If modified as suggested, the LIP amendment to rezone the subject 42 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
29 property and add a zoning overlay will give priority to visitor serving commercial recreation uses and ensure that a component of lower cost overnight accommodations will be provided. For the reasons stated above, the Commission finds that, if modified as suggested, the LIP amendment conforms with and will be adequate to carry out the applicable policies of the certified Land Use Plan.

C. New Development and LCP Administration
The following Local Implementation Plan (LIP) sections are specifically applicable in this case:

LIP Section 3.8(A)(5) (Site Development Criteria), in relevant part, states:
(a) The gross square footage of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (F.A.R) of 0.15, or 15% of the lot area (excluding any street rights of way). Additional gross square footage may be approved, up to the maximum allowed for the parcel under the Land Use Plan provided the increase complies with the provisions of Section e and/or f below, where applicable. …
(f) Additional Square Footage. The City Council shall have the authority to approve additional square footage for commercial development, except with the Civic Center area, as provided in Section 3.8(A)(5) of the Malibu LIP, where the applicant has offered to the City public benefits and amenities in connection with a project subject to a Development Agreement processed pursuant to Section

13.28 of the Malibu LIP.
…
Sea View Hotel Overlay District
The LIP portion of the City’s amendment request proposes to change the zoning designation of the site from CC to CV-2, and to create a new overlay district (Sea View Hotel Overlay District) to accommodate the construction of a new 39-room hotel with associated amenities on the subject site (22729 PCH and 22741 PCH).

The associated Sea View Hotel project involves the construction of a new four-story, 26,734 square foot, 39-room luxury hotel involving the remodel of an existing four-story, non-conforming commercial building (non-conforming in regards to the building height and square footage/floor area ratio), and construction of a new two-story, 11,342 square foot addition with a basement. Additionally, the proposed hotel development proposes an allowable floor area ratio greater than currently allowed under the commercial development standards of the City’s LCP. Therefore, the City determined that a new overlay district with specific development standards (maximum density, including floor area ratios for commercial use, heights, lot coverage, open space requirements, setbacks, and parking and sign requirements) is needed to accommodate some of the as-built existing development, as well as modifying some of the development standards related to parking, parking locations, and an increase in the maximum allowable floor area ratio. 43 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
30 The new Sea View Hotel overlay district has been tailored to accommodate the proposed Sea View Hotel development project. Permitted uses and development standards have been customized for the overlay area, including heights, lot coverage, setbacks, signage requirements, and landscape/open space requirements. The permitted uses allowed under the proposed overlay district include all uses permitted in the Commercial Visitor Serving-2 land use/zoning designation (which includes uses allowed in other commercial land use designations (Commercial Neighborhood, Community Commercial, and Commercial General)), and uses typically associated with hotel development (such as restaurants, spas, guest rooms, gym, etc.). The intent of allowing the permitted and conditionally permitted uses of the CV-2 land use designation is to accommodate a situation in which the proposed hotel development project is never constructed, and the existing office and commercial development onsite (currently permitted under the Community Commercial designation) can remain conforming and permitted under the overlay district.

However, the proposed amendment would allow non-hotel related uses permitted under the CV-2 land use designation to be developed on the subject property using the development standards under the proposed overlay district instead of the existing commercial development standards that would normally apply. For example, a new restaurant or medical office could be constructed on the subject site using the modified setbacks or modified building height standards of the overlay district that are tailored for a hotel development, and this could result in potential adverse individual and cumulative impacts on coastal resources. Therefore, Suggested Modification Five (5) adds clarifying language that the proposed “permitted, conditionally permitted uses that are a component of the hotel development are subject to the custom development standards of the overlay district, and that permitted or conditionally permitted uses that are not a component of the hotel development are subject to all applicable policies and provisions of the certified LCP, including the Commercial Development Standards in LIP Section 3.8.” This will ensure that all other permitted and conditionally permitted uses that are not associated with hotel development cannot be developed with the modified hotel-specific development standards under the overlay district and, therefore, will ensure that new development will not have significant adverse effects, either individually or cumulatively, on coastal resources.

As previously discussed, the City has already approved the coastal development permit for the proposed hotel, which is conditioned to not be effective until certification of the subject LCP amendment. Therefore, Commission staff has had the opportunity to analyze the specifics of the approved development in relation to the development standards proposed in the LCP amendment. Although the individual coastal development permit that the City approved is not a part of this LCP amendment, the Commission must analyze whether the specific development standards proposed in the LIP for the overlay district are adequate to ensure the development is consistent with the policies and provisions of the LUP related to the protection of coastal resources.

As discussed previously, the Commission finds that the proposed intensity of visitor serving commercial development on the property is consistent with the area's character and with the adjacent development and land uses. LIP Section 3.8(A)(5) limits the allowable square footage for commercial development to the maximum Floor Area Ratio (FAR) of 0.15 of the lot area. As part of the proposed development standards for the hotel development, and 44 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
31 discussed in greater detail below, the City has proposed a larger FAR for the subject site than would otherwise be allowed by strict application of Section 3.8(A)(5) of the LIP. The allowable 0.15 FAR for the two parcels (22741 and 22729 PCH) is 7,750.05 square feet.

The existing commercial building at 22741 PCH is legally non-conforming with a FAR of

0.46 (15,392 square feet). The FAR standard proposed in the subject LCP amendment request would increase the allowed FAR to a maximum of 0.52 (26,866.84 square feet).

Since the approved development would also need to comply with all other resource protection provisions of the LCP, such as scenic resources and setbacks, the proposed deviations from the existing standard of the LCP would not result in any adverse impacts to coastal resources.

Since many of the proposed development standards for visitor serving commercial development reflect the requirements that are currently contained in the LCP but do not reflect all of them, it is important to provide clarification regarding the applicability of standards in order to ensure internal consistency and adequacy in carrying out the policies of the Land Use Plan. Therefore, Suggested Modification Four (4) to proposed LIP Section 3.4.6 (E) (Development Standards)) is required to clarify which LCP standard a proposed visitor-serving commercial development standard is intended to replace or supplement, as applicable. All other applicable standards in the certified LCP would apply, such as those related to hazards and geologic stability, public access, land divisions, water quality, and scenic resources.

Development Agreement and Public Benefits
Pursuant to the certified Malibu LCP, increasing the Floor Area Ratio (FAR) beyond what is allowed under the LCP, as in this case, triggers the need for a development agreement to be approved through an LCP amendment certified by the Coastal Commission (LIP Section

3.8(A)(5)). Therefore, the LIP amendment also includes the approval of a Development Agreement between the City and the property owners to allow an increase in allowable floor area ratio (FAR) from 0.15 to 0.52 in conjunction with a payment to the City. As previously mentioned, a maximum floor area ratio (FAR) of 0.15 is permitted under the certified LCP, except that the project FAR may be increased if public benefits and amenities are provided. The project site is included as part of a proposed development subject to a Development Agreement approved under an LCP amendment certified by the Coastal Commission.

California Government Code Sections 65864-65869.5 authorizes any city, county, or city and county, to enter into a development agreement with any person having a legal or equitable interest in real property for the development of property owned by that entity. A development agreement specifies the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. According to Government Code Section 65865.2, the development agreement “…may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent the development of the land for the uses and to density or intensity of development set forth in the agreement. The agreement may provide that construction shall 45 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
32 be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.” Government Code Section 65866 states further that, “[u]nless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to the development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a city, county, or city and county, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent a city, county, or city and county from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.” However, pursuant to Section 65869, “…[a] development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared and certified pursuant to the requirements of Division 20 (commencing with Section 30000) of the Public Resources Code, unless: (1) the required local coastal program has been certified as required by such provisions prior to the date on which the development agreement is entered into, or (2) in the event that the required local coastal program has not been certified, the California Coastal Commission approves such development agreement by formal commission action.” Since the City of Malibu has a certified local coastal program, the approval of a development agreement does not require the approval of a coastal development permit by the Commission. Rather, as required by Malibu LIP Section 13.28, development agreements are processed as amendments to the LCP. In this case, the subject LCP amendment request includes the approval of the Sea View Hotel Development Agreement.

The Development Agreement between the City and the property owners sets forth the terms of the agreement regarding the eventual development of the subject site, including allowable uses, development standards, and maximum allowable floor area ratio (FAR).

The development agreement also details the applicant’s ability to develop a new hotel with an increased allowable floor area ratio from 0.15 to 0.52 in conjunction with a payment of $800,000 to the City to be expended as the City Council determines to be an appropriate use.

Although the City has formalized a 0.52 FAR with a payment of $800,000 to the City through a Development Agreement with the property owners for the subject site, the City has also chosen to effectuate the 0.52 FAR in the required LCP amendment by incorporating the 0.52 FAR as a development standard under the new overlay district. The Development Agreement approved by the City is not incorporated into the proposed LCP amendment language in full. Instead, the proposed new overlay district designation reflects the allowable uses, density, and development standards agreed upon in the Development Agreement.
46 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
33 The proposed overlay district density standard (proposed LIP Section 3.4.5(D)) only requires that pursuant to a Development Agreement between the property owners and the City of Malibu, the allowable FAR is increased from 0.15 to 0.52 if the applicant contributes $800,000 to be expended as the City Council determines to be an appropriate use. Yet, the proposed language does not specifically require the contribution to be used for public benefits or amenities, as required by LIP Section 3.8(A)(5) (Site Development Criteria). In order to ensure that the public benefits associated with the increased FAR for the subject site are incorporated into the LCP, Suggested Modification Two (2) adds clarifying language to proposed LIP Section 3.4.5(D) to require the applicant to contribute $800,000 to the City to be used for public benefits and amenities.

LCP Administration
Several proposed revisions relate to the administration of the LCP. Suggested Modifications One (1), Four (4), Six (6), and Seven (7) include minor modifications to the proposed overlay district amendment language necessary to ensure consistency with the LCP, such as correcting typos, adding the corresponding addresses and assessor parcel numbers (22729 Pacific Coast Highway/APN 4452-022-010 and 22741 Pacific Coast Highway/APN 4452-022-017) to the proposed LIP Section 3.4.6 Sea View Hotel Overlay District text and Sea View Hotel Overlay District Map, and making minor clarifications that further the intent and implementation of the LCP and that avoid ambiguity.

In conclusion, the proposed Sea View Hotel Overlay District and associated development standards in the proposed LIP amendment, as suggested to be modified herein, will accommodate a hotel use, and will do so in a manner that protects coastal resources, ensures internal LCP consistency, and is consistent with the LUP policies. Thus, the Commission finds that only as modified will the proposed LIP amendment conform with and be adequate to carry out the policies of the certified Land Use Plan.

D. California Environmental Quality Act
Section 21080.9 of the California Public Resources Code—within the California Environmental Quality Act (CEQA)—exempts local governments from the requirement of preparing an environmental impact report (EIR) in connection with its activities and approvals necessary for the preparation and adoption of a local coastal program.

Instead, the CEQA responsibilities are assigned to the Coastal Commission; however, the Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is not obligated to prepare an EIR for each LCP action.

Nevertheless, the Commission is required, in approving an LCP submittal, to find that the approval of the proposed LCP, as amended, does conform with CEQA provisions, including the requirement in CEQA section 21080.5(d)(2)(A) that the amended LCP will not be approved or adopted as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. 14 C.C.R. §§ 13540(f) and 13555(b). 47 LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
34 The City’s LCP amendment consists of a Land Use Plan amendment and Local Implementation Plan amendment.

The Land Use Plan amendment has been found to be in conformance with Chapter 3 policies of the Coastal Act. As discussed above, the Local Implementation Plan amendment is not in conformance with and is not adequate to carry out the Land Use Plan as amended. With the incorporation of the suggested modifications, the Local Implementation Plan amendment is in conformity with the Land Use Plan as amended. The suggested modifications minimize or mitigate any potentially significant environmental impacts of the LCP amendment. If modified as suggested, the Commission finds that approval of the LCP amendment will not result in significant adverse environmental impacts within the meaning of the California Environmental Quality Act.

The Commission finds that for the reasons discussed in this report if the LCP amendment is modified as suggested, there are no additional feasible alternatives, feasible alternatives, or feasible mitigation measures available that could substantially reduce any adverse environmental impacts. The Commission further finds that the proposed LCP amendment, if modified as suggested, is consistent with Section 21080.5(d)(2)(A) of the Public Resources Code.
48 STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION SOUTH CENTRAL COAST DISTRICT 89 SOUTH CALIFORNIA ST., SUITE 200
VENTURA, CA 93001
(805) 585-1800
W11a
City of Malibu LCP Amendment
LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
February 8, 2023
Exhibits
Table of Contents
Exhibit 1 – Proposed LIP Amendment Text Changes in Strikethrough/Underline Exhibit 2 – Proposed Land Use and Zoning Map Change
Exhibit 3 – Proposed Sea View Hotel Overlay District Map Exhibit 4 – Proposed Development Agreement
Exhibit 5 – Vicinity Map
Exhibit 6 – Aerial View of the Subject Parcels
Exhibit 7 – Parcel Map
Exhibit 8 – Overall Site Plan for Sea View Hotel Project 49 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SOUTH CENTRAL COAST DISTRICT OFFICE
89 SOUTH CALIFORNIA STREET, SUITE 200
VENTURA, CA 93001-2801
VOICE (805) 585-1800
FAX (805) 641-1732
W11a
LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
February 8, 2023

APPENDIX
50 2
APPENDIX 1 - Substantive File Documents
Certified City of Malibu Local Coastal Plan;
Malibu Planning Commission Agenda Report and Associated Documents for Coastal Development Permit No. 17-086, Local Coastal Program Amendment No. 16-006, Zoning Map Amendment No. 17-002, Zoning Text Amendment No. 20-001, Development Agreement No. 21-001, Lot Merger No. 20-002, Demolition Permit No. 20-19, Initial Study No. 21-001, and Mitigated Negative Declaration No. 21-001, dated June 24, 2021; Malibu City Council Agenda Report and Associated Documents for Coastal Development Permit No. 17-086, Local Coastal Program Amendment No. 16-006, Zoning Map Amendment No. 17-002, Zoning Text Amendment No. 20-001, Development Agreement No. 21-001, Lot Merger No. 20-002, Demolition Permit No. 20-19, Initial Study No. 21-001, and Mitigated Negative Declaration No. 21-001, dated July 29, 2021; Malibu City Council Agenda Report and Associated Documents for Coastal Development Permit No. 17-086, Local Coastal Program Amendment No. 16-006, Zoning Map Amendment No. 17-002, Zoning Text Amendment No. 20-001, Development Agreement No. 21-001, Lot Merger No. 20-002, Demolition Permit No. 20-19, Initial Study No. 21-001, and Mitigated Negative Declaration No. 21-001, dated July 29, 2021; Malibu City Council Agenda Report and Associated Documents for Coastal Development Permit No. 17-086, Local Coastal Program Amendment No. 16-006, Zoning Map Amendment No. 17-002, Zoning Text Amendment No. 20-001, Development Agreement No. 21-001, Lot Merger No. 20-002, Demolition Permit No. 20-19, Initial Study No. 21-001, and Mitigated Negative Declaration No. 21-001, dated August 11, 2021; Malibu City Council Agenda Report and Associated Documents for Coastal Development Permit No. 17-086, Local Coastal Program Amendment No. 16-006, Zoning Map Amendment No. 17-002, Zoning Text Amendment No. 20-001, Development Agreement No. 21-001, Lot Merger No. 20-002, Demolition Permit No. 20-19, Initial Study No. 21-001, and Mitigated Negative Declaration No. 21-001, dated August 25, 2021; Malibu City Council Agenda Report and Associated Documents for Ordinance No. 491 for Local Coastal Program Amendment No. 16-006, Zoning Map Amendment No. 17-002, Zoning Text Amendment No. 20-001, and Development Agreement No. 21-001, dated September 15, 2021;
City of Malibu Resolution No. 21-45;
City of Malibu Resolution No. 21-46;
City of Malibu Ordinance No. 491;
Initial Study No. 21-001 and Mitigated Negative Declaration No. 21-001 (IS/MND); 51 3
“Explore the Coast Overnight: An Assessment of Lower-Cost Coastal Accommodations” by the California Coastal Conservancy (March 2019);
California Coastal Commission Public Workshop Staff Report on Lower-Cost VisitorServing Accommodations (October 2016); Coastal Development Permit No. 5-18-0872 (Sunshine Enterprises, LP); Coastal Development Permit No. 5-20-0181 (B&J Capital Group Investments); Coastal Development Permit No. A-5-VEN-21-0011 (Wynkoop Properties, LLC); Coastal Development Permit No. 5-18-0872 (Shore Hotel)
52 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SOUTH CENTRAL COAST DISTRICT OFFICE
89 SOUTH CALIFORNIA STREET, SUITE 200
VENTURA, CA 93001-2801
VOICE (805) 585-1800
FAX (805) 641-1732
W11a
LCP-4-MAL-21-0073-2 (Sea View Hotel Project)
February 8, 2023

CORRESPONDENCE
53 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SOUTH CENTRAL COAST DISTRICT OFFICE
89 S. CALIFORNIA STREET, SUITE 200
VENTURA, CA 93001
(805) 585-1800
W11a

ADDENDUM
February 7, 2023
TO: Coastal Commissioners and Interested Parties
FROM: South Central Coast District Staff
SUBJECT: Addendum to Item W11a, City of Malibu LCP Amendment No. LCP-4- MAL-21-0073-2 (Sea View Hotel Project) For the Commission Meeting of Wednesday, February 8, 2023
The purpose of this addendum is to: 1) add a link to Appendix A, Substantive File Documents; and 2) attach correspondence received to date and provide a response to certain correspondence. The correspondence letters are available in the Correspondence tab for this item on the Commission’s website.

I. APPENDIX A – SUBSTANTIVE FILE DOCUMENTS

On page 5, after the Table of Contents, add Appendix A (Substantive File Documents) with link as follows:
https://documents.coastal.ca.gov/reports/2023/2/W11a/W11a-2-2023-appendix.pdf II. CORRESPONDENCE RECEIVED, STAFF’S RESPONSE TO

CORRESPONDENCE
a. On January 27, 2023, after the publication of the January 26, 2023 staff report, staff received comments from the City’s planning department regarding Suggested Modification No. 3. The City’s staff comment stated, “Our only comment based on your last correspondence was is if is possible to condition the money collected as an in-lieu fee for affordable overnight accommodations to not be used to fund camping in high fire severity zones or in ESHA areas.” Specifically, the City staff requested that Commission staff condition the lower cost overnight visitor accommodations in-lieu mitigation fee of $800,000 (which is being implemented through an escrow agreement between Commission staff and the property owners) not to fund camping located within high fire severity zones or Environmentally Sensitive Habitat Areas (ESHA).
54 2
Generally, the Santa Monica Mountains are considered to be a high fire hazard severity zone. The entire City of Malibu is within territory designated by the California Department of Forestry and Fire Protection (“CAL FIRE”) as a Very High Fire Hazard Severity Zone (VHFHSZ). Therefore, requiring any new camping (a form of lower-cost overnight visitor accommodations) to be sited outside high fire severity zones would effectively preclude any new camping from being located within the City or adjacent unincorporated Santa Monica Mountains. This restriction would directly conflict with the lower cost overnight visitor accommodations in-lieu mitigation fee and policies and goals of the Malibu Local Coastal Program (LCP), which is to assist in funding affordable overnight accommodations in the Malibu/Santa Monica Mountains coastal zone.

In addition, any new camping within the Malibu/Santa Monica Mountains coastal zone will trigger the need for a coastal development permit. At that time, the respective permitting authority (City of Malibu or Los Angeles County) must review a proposed camping project in a manner that is consistent with the policies and provisions of their respective Local Coastal Programs (City of Malibu LCP or Santa Monica Mountains LCP). Both the City of Malibu LCP and Santa Monica Mountains LCP require new development to minimize risks to life and property in fire hazard areas and also require the protection of areas designated as ESHA and require new development in areas adjacent to ESHA to be sited and designed to prevent impacts which would significantly degrade those areas.

For these reasons, the Commission staff disagrees with the City’s requested modification to condition the in-lieu mitigation fee for affordable overnight accommodations not to fund camping located within high fire severity zones or Environmentally Sensitive Habitat Areas (ESHA).
b. Correspondence dated February 3, 2023, was submitted by Marshall A. Camp, of Hueston Hennigan LLP, on behalf of Mani Brothers Real Estate Group, Mani MBI (DE), LLC, and affiliated companies (collectively, the “Mani Brothers”), that own properties in the vicinity of the proposed Sea View Hotel, including the Malibu Beach Inn at 22878 Pacific Coast Highway (PCH), the former Hertz lot at 22853 PCH, and the multifamily properties at 22640 and 22648 PCH, which are located approximately 500 feet from the proposed Sea View Hotel. This letter is available under the correspondence tab. This letter urges the Commission to deny the LCP amendment due to alleged inconsistencies with the Coastal Act and the Malibu LCP and because of alleged non-compliance with the California Environmental Quality Act (“CEQA”).

Specifically, the letter expresses opposition to the proposed LCP amendment raising concerns that the proposed increase in maximum Floor to Area ratio under the proposed overlay district is inconsistent with the City’s LCP and claims the amendment results in “spot zoning.” In response, Commission staff notes that these issues are addressed in Sections V (Findings for Approval of the LUP Amendment as Submitted, Denial of the LIP Amendment as Submitted, and Approval of the LIP Amendment if Modified as Suggested) of the January 26, 2023, staff report. 55 3
In addition, the letter claims that the January 26, 2023 staff report fails to demonstrate CEQA compliance. However, as discussed in the January 26, 2023 staff report, the City completed its CEQA review prior to submitting the subject LCP amendment to the Commission for review. Before adopting the Mitigated Negative Determination (MND) for the Sea View Hotel Project, the City Council considered the MND and all the comments received during the public review process. Based on the record, including the initial study and the comments received, which were included as part of the City’s LCP Amendment submittal and can be found under Appendix A – Substantive File Documents for the January 26, 2023 staff report, the City Council determined that there would be no significant environmental impacts with the implementation of specific mitigation measures. The City Council also determined that the project does not have the potential to cause significant adverse impacts to the environment.

The commenter claims that the staff report’s statements regarding CEQA in Section D of that report are “conclusory” and that the Commission has failed to comply with CEQA. This is incorrect. The entire staff report constitutes the Commission’s CEQAequivalent document under its certified regulatory program. The Commission, as with certain other state agencies, has a certified regulatory program under CEQA.

Public Res. Code § 21085.5; 14 Cal. Code Regs. § 15252. Documents prepared by certified programs, such as the Commission’s staff reports, are considered the functional equivalent of documents that CEQA would otherwise require.1 As part of its certified program, the Commission reviews a proposal to determine if there are feasible mitigation measures, or feasible alternatives, that would substantially lessen any significant adverse effect on the proposed development.

The Commission’s review of the proposed LCP amendment built off of the City’s record, including the Initial Study and MND, which the City submitted to the Commission. Moreover, the Commission may rely on environmental documents prepared by the City that are part of the City’s LCP submission.2 In this case, the City prepared an extensive record, provided for public notice and comment, and determined that there would be no significant environmental impacts with the implementation of specific mitigation measures. The City also evaluated alternatives to the project and additional mitigation measures. Commission staff has reviewed the City’s record as part of the Commission’s review of the City’s LCP amendment submittal.

As noted in the staff report, Commission staff is suggesting several modifications to the City’s proposed LCP Amendment, including an in lieu mitigation fee for low-cost overnight accommodations. To the extent that potential impacts to public access and recreation may be considered environmental impacts under CEQA, the Commission is specifying a feasible mitigation measure and an alternative mechanism to provide a component of lower cost overnight accommodations.

Specifically, the Commission’s suggested modification would reflect the agreement by the property owners to provide a $800,000 in lieu fee for the development of lowcost overnight accommodations in the Malibu/Santa Monica Mountains coastal 1 Mountain Lion Found. v. Fish & Game Com., 16 Cal. 4th 105, 113 (1997). 2 See Ross v. Coastal Com., 199 Cal. App. 4th 900 (2011). 56 4
zone. The Commission has met its CEQA obligations under its certified regulatory program.

Finally, the commenter argues that the Commission is required to consider the “environmental impacts of the campground project in Ramirez Canyon” under CEQA. This is also incorrect. As an initial matter, no specific project for the in lieu fee is called out in the Commission’s suggested modification, and it remains uncertain if the mitigation fee will go towards a campground project in Ramirez Canyon or to some other project. Likewise, although the commenter claims that this project will usher in other citywide growth through other City-approved projects, this is speculative and does not require CEQA analysis in the context of this proposed LCP amendment.

In addition, as part of its review of this proposed LCP Amendment for the Sea View Hotel overlay district, the Commission is not required to evaluate the impacts of a future project when that project would have a different proponent, would serve a different purposes, or can be implemented independently,3 as would be the case with any low-cost, visitor-serving development funded by the in lieu fee (or with any unrelated project). Thus, the Commission’s review of the proposed LCP amendment complies with CEQA.
c. Correspondence has been received from Norman R. Haynie on behalf of the Sea View Hotel Project Site property owners on January 31, 2023. The correspondence supports the staff recommendation for the subject LCP amendment and includes a project rendering for the related Sea View Hotel Project. This letter is available under the correspondence tab.
d. Correspondence has been received from the Mountains Recreation and Conservation Authority (MRCA) on February 6, 2023. The correspondence supports the staff’s recommendation of an in-lieu mitigation fee of $800,000 to assist in funding affordable overnight accommodations in the Malibu/Santa Monica Mountains coastal zone. This letter is available under the correspondence tab. 3 Aptos Council v. City of Santa Cruz, 10 Cal. App. 5th 266, 280 (2017). 57

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