Agenda packet, second session — Malibu City Council, May 8, 2023

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

Meeting Agenda
230508_AMENDED FINAL.PDF
Item 3B2
Approve Warrants
CC230508_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC230508_ITEM 3B3.PDF
Item 3B4
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
CC230508_ITEM 3B4.PDF
Item 3B5
Amendment No. 1 to Professional Services Agreements with CR Print, Inc. and Totalgraphics
CC230508_ITEM 3B5.PDF
Item 3B6
Disbandment of the Homelessness Task Force
CC230508_ITEM 3B6.PDF
Item 3B7
Award Storm Drain Trash Screens Installation Phase Two Project

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. CC230508_ITEM 3B6.PDF
Item 3B7
Award Storm Drain Trash Screens Installation Phase Two Project CC230508_ITEM 3B7.PDF
Item 4A
Appeal Nos. 22-006 and 22-012 – Appeals of Planning Commission Resolution No. 22-46 (33650 Pacific Coast Highway; Owner: Charals Haagan; Appellants: Jake Jenson and the Mountains Recreation and Conservation Authority)
CC230508_ITEM 4A.PDF
Item 6A
Letter in Opposition to Los Angeles County Board of Supervisors Motion to Take Actionable Steps to Depopulate and Decarcerate the Los Angeles County Jails CC230508_ITEM 6A.PDF
Item 6B
Letter in Opposition to Rotating Los Angeles County Sheriff’s Deputies to Other Stations at Least Every Five Years
CC230508_ITEM 6B.PDF
Item 6C
Malibu Arts Association Art Show Event Series Fee Waiver CC230508_ITEM 6C.PDF
Item 7A Clarified Interpretation Of Section 17.02.060 Of The Malibu Municipal Code & Grant Support For The Malibu Film Society To Fund Free Membership / Admission By Malibu Residents
CC230508_ITEM 7A.PDF
Documents:

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

CC230508_ITEM 7A.PDF
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. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but valid email address is not required. 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.

Amended1 Malibu City Council
Regular Meeting Agenda
Monday, May 8, 2023
5:00 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/88213309456
Five p.m. Convene for Purpose of Closed Session
Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
1 See the addition of Council Item No. 7.A.

AMENDED City Council Regular Meeting Agenda Page - 2 - May 8, 2023 Recess to Closed Session (to be held in the Westward Room) This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Sections 54956.9 and 54956.9(d)(1). Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.

Conference with Legal Counsel – Anticipated Litigation

1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (1)
Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Session Report
Report on Posting of Agenda – April 28, 2023; Amended Agenda posted May 3, 2023 Approval of Agenda

1. Ceremonial/Presentations
A. Presentation on “Safer from Wildfires” Framework and the New Regulations Making Insurance Available and Affordable for all Californians
B. Presentation on 2022 Environmental Programs Accomplishments (POLLUTION PREVENTION) C. Update Regarding Separation from Santa Monica-Malibu Unified School District

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
AMENDED City Council Regular Meeting Agenda Page - 3 - May 8, 2023

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 68880-68960 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. 724 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $588,069.42. City of Malibu payroll check number 5337-5339 and ACH deposits were issued in the amount of $253,148.44.

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

3. Approval of Minutes
Recommended Action: Approve the minutes for the March 24, 2022 Malibu City Council Special 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, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.

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

5. Amendment No. 1 to Professional Services Agreements with CR Print, Inc. and Totalgraphics
Recommended Action: 1) Authorize the Mayor to execute the Professional Services Agreement Amendment No. 1 with CR Print, Inc. to extend the term of the agreement to July 31, 2023; and 2) Authorize the Mayor to execute the Professional Services Agreement Amendment No. 1 with Totalgraphics to extend the term of the agreement to July 31, 2023.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 AMENDED City Council Regular Meeting Agenda Page - 4 - May 8, 2023

6. Disbandment of the Homelessness Task Force
Recommended Action: Approve Resolution No. 23-20 disbanding the Homelessness Task Force (Task Force) and reassigning Task Force Charter assignments to the Public Safety Commission.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

7. Award Storm Drain Trash Screens Installation Phase Two Project Recommended Action: 1) Authorize the City Manager to execute a construction contract with United Storm Water, Inc. in the amount of $9,101 for the Storm Drain Trash Screens Installation Phase Two Project Specification No. 2102; and 2) Authorize the Public Works Director to approve potential change orders up to 15% of the contract.

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

4. Ordinances and Public Hearings
A. Appeal Nos. 22-006 and 22-012 – Appeals of Planning Commission Resolution No. 22-46 (33650 Pacific Coast Highway; Owner: Charals Haagan; Appellants: Jake Jenson and the Mountains Recreation and Conservation Authority)
Recommended Action: Continue this item to the May 22, 2023 Regular City Council meeting.

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

5. Old Business
None.

6. New Business
A. Letter in Opposition to Los Angeles County Board of Supervisors Motion to Take Actionable Steps to Depopulate and Decarcerate the Los Angeles County Jails Recommended Action: Consider authorizing the Mayor to send a letter to Los Angeles County Board of Supervisors Hilda Solis and Lindsey Horvath in opposition to a proposed motion to take actionable steps to depopulate and decarcerate the Los Angeles County jails.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313 B. Letter in Opposition to Rotating Los Angeles County Sheriff’s Deputies to Other Stations at Least Every Five Years
Recommended Action: Consider authorizing the Mayor to send a letter to Los Angeles County Sheriff, with copies sent to the Civilian Oversight Commission and Los Angeles County Supervisor Lindsey P. Horvath, in opposition to a recommendation to rotate patrol deputies in periodic rotations, no longer than every five years.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313 AMENDED City Council Regular Meeting Agenda Page - 5 - May 8, 2023 C. Malibu Arts Association Art Show Event Series Fee Waiver Recommended Action: Consider whether to approve the request from the Malibu Arts Association to waive facility use fees, staffing costs, and permit fees for an Art Show event series at Legacy Park.

Staff Contact: Acting Community Services Director Riesgo, 456-2489, ext. 350

7. Council Items
A. Clarified Interpretation of Section 17.02.060 of the Malibu Municipal Code & Grant Support for the Malibu Film Society to Fund Free Membership / Admission by Malibu Residents (Mayor Silverstein and Councilmember Grisanti)
Recommended Action:

1. Ask the City Council to provide an interpretation of Section 17.02.060 of the Malibu Municipal Code (the “MMC”) that permits “religious facilities” to host gatherings and/or events sponsored by non-profit organizations and are open to the general public and free to Malibu residents;

2. Ask the City Council to approve a grant of $85,000 to the Malibu Film Society (the “MFS”) to offset (i) a forecasted deficit of approximately $75,000 during the 2023-24 season resulting from providing membership and admission to film screenings and other events to Malibu residents free of charge, and (ii) approximately $10,000 to establish a web-based system for registering and confirming free membership for Malibu residents who wish to avail themselves to that opportunity that is being facilitated by the City; and

3. Authorize the City Council to send a letter to the Los Angeles County Library (County) requesting that amount required to fund free membership to the MFS by Malibu residents be funded through the Malibu Library Set Aside Funds, with appropriate attribution to the Library by the MFS, including promotion of Library membership and the benefits thereof.

Staff Contact: City Manager McClary, 456-2489, ext. 226 Adjournment
Future Meetings
Monday, May 22, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, June 12, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, June 26, 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.

WARRANT REGISTER NO. 724
On May 8, 2023, the Malibu City Council allowed and approved warrant demand numbers 68880-68960 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 $588,069.42. City of Malibu payroll check number 5337-5339 and ACH deposits were issued in the amount of $253,148.44.

PASSED, APPROVED and ADOPTED this 8th day of May 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 $841,217.86 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 27th day of April 2023, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
05-08-23
Item

3.B.2.

DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Accounts Payable
User:

Printed:
sflores
4/26/2023 8:32 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 68880 AAAPROP AAA Propane Services, Inc. 04/19/2023 0.00 447.65 68881 ACORN J Bee NP Publishing LTD 04/19/2023 0.00 1,127.00 68882 ADVANTAN MAP Communications, Inc. 04/19/2023 0.00 261.79 68883 AMERGUAR American Guard Services, Inc 04/19/2023 0.00 3,591.72 68884 BREAKSPO Breakthrough Sports, LLC 04/19/2023 0.00 672.00 68885 BROLAU Laure-Anne Brown 04/19/2023 0.00 400.00
68886 BUXANN Ann Buxie 04/19/2023 0.00 300.00
68887 CALPEACE A Call 2Peace Foundation 04/19/2023 0.00 250.00 68888 CHAMPCAM Champ Camp LLC 04/19/2023 0.00 5,678.40
68889 CHARLOTT Charlotte Anne Ward 04/19/2023 0.00 100.00 68890 CIVICSO Civic Solutions, Inc 04/19/2023 0.00 27,183.75 68891 COASTALW Joseph D Smith 04/19/2023 0.00 20,637.50 68892 COOKALI Allison Cook 04/19/2023 0.00 9,225.00
68893 COOPERM Marsha Cooper 04/19/2023 0.00 700.00
68894 COTTON Cotton,Shires & Associates,Inc 04/19/2023 0.00 69,760.00 68895 CWE CWE 04/19/2023 0.00 26,711.65
68896 DECROX Roxy DeCou 04/19/2023 0.00 200.00
68897 DIRECT DirecTV, Inc. 04/19/2023 0.00 102.24
68898 DUBDAR Darlene Dubray 04/19/2023 0.00 50.00
68899 DUENASSU Susan Duenas 04/19/2023 0.00 55.87
68900 DUTHIEEL Duthie Electrical Services 04/19/2023 0.00 3,439.88 68901 FASTDEER Fast Deer Bus Charter Inc. 04/19/2023 0.00 757.56 68902 FIOEIL Eileen M. Fiori 04/19/2023 0.00 100.00
68903 FRONTIER Frontier California Inc 04/19/2023 0.00 1,960.38 68904 GALDOU Douglas Gallagher 04/19/2023 0.00 254.98
68905 GIINDUS G.I. Industries 04/19/2023 0.00 5,680.92
68906 GIINDUST G.I. Industries 04/19/2023 0.00 4,370.94 68907 GOVERNF Governmental Financial Service 04/19/2023 0.00 210.00 68908 HALANT Anthony Hall 04/19/2023 0.00 75.00
68909 iRIS Lorrie Feinberg 04/19/2023 0.00 3,900.00
68910 JASJAN Jann Jaskol 04/19/2023 0.00 50.00
68911 KESSLERJ Jennifer Kessler 04/19/2023 0.00 290.00
68912 KOFF Gallagher Benefit Services, Inc. 04/19/2023 0.00 612.50 68913 KRAMERSH Shelley R Kramer 04/19/2023 0.00 200.00
68914 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/19/2023 0.00 150.00 68915 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/19/2023 0.00 75.00 68916 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/19/2023 0.00 75.00 68917 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/19/2023 0.00 75.00 68918 LACOWAT LA Co MalibuTreasurer-Waterworks 04/19/2023 0.00 1,294.28 68919 LAWSONS Skylar J Lawson 04/19/2023 0.00 3,010.00
68920 LEVC Cheryl Lev 04/19/2023 0.00 150.00
68921 LTOBIAS Lester Tobias Architecture 04/19/2023 0.00 914.00 68922 MANMIC Michael Manfredo 04/19/2023 0.00 2,537.50
68923 MASTERCO Master Cooling Corporation 04/19/2023 0.00 1,954.50 68924 MEANSRIC Ricardo P Means 04/19/2023 0.00 100.00
68925 MERRICKJ Judy M. Merrick 04/19/2023 0.00 175.00
68926 MGVENT MG Ventures LLC 04/19/2023 0.00 4,921.50
AP Checks by Date - Summary by Check Number (4/26/2023 8:32 AM) Page 1 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Check No Vendor No Vendor Name Check Date Void Checks Check Amount 68927 MONAHAN Ann Monahan 04/19/2023 0.00 300.00
68928 NAICKERV Vasudevan Naicker 04/19/2023 0.00 105.00 68929 NATIONA National Construction Rentals, Inc 04/19/2023 0.00 600.00 68930 NEWBURY Newbury Park Tree Service Inc 04/19/2023 0.00 9,155.00 68931 NICLIN Linda Nicholas 04/19/2023 0.00 200.00
68932 OCONNPAT Patrick O'Connell 04/19/2023 0.00 350.00 68933 REGAJ Jolynn Regan 04/19/2023 0.00 100.00
68934 REMOTESA Remote Satellite Systems Int'l 04/19/2023 0.00 255.80 68935 ROCKET Rocketology LLC 04/19/2023 0.00 5,082.00
68936 ROSENSHE Sheila Jean Rudich Rosenthal 04/19/2023 0.00 315.00 68937 ROUNDSTA Round Star West LLC 04/19/2023 0.00 2,870.00 68938 RPBARRI R P Barricade, Inc. 04/19/2023 0.00 1,338.85 68939 SACJOS Joseph Sachs 04/19/2023 0.00 190.00
68940 SCEDISO Southern California Edison Company 04/19/2023 0.00 22,505.91 68941 SOLIDWA Solid Waste Solutions, Inc. 04/19/2023 0.00 2,420.00 68942 SOUTHCOS South Coast AQMD 04/19/2023 0.00 8,577.79 68943 STAPLES Staples Contract & Commercial LLC 04/19/2023 0.00 383.18 68944 STORIV Stoel Rives LLP 04/19/2023 0.00 850.00
68945 SWRCB State Water Resources Control 04/19/2023 0.00 293,447.33 68946 TALLYMAR Margie Tally 04/19/2023 0.00 50.00
68947 TOTALGRA Brian Shore 04/19/2023 0.00 873.81
68948 UNDERGR Underground Service Alert/SC 04/19/2023 0.00 149.68 68949 USLABS Bureau Veritas North America, Inc. 04/19/2023 0.00 666.25 68950 VALLEYBA Valley Backflow Inc. 04/19/2023 0.00 750.00 68951 VIAWEST Flexential Colorado Corp 04/19/2023 0.00 3,273.97 68952 WAGRON Ronald A. Wagner 04/19/2023 0.00 250.00
68953 WOODMAIN Woods Maintenance Services, Inc 04/19/2023 0.00 8,770.00 68954 YANEST Esther Yang 04/19/2023 0.00 50.00
68955 CASTDIS California State Disbursement Unit 04/19/2023 0.00 339.69 68956 FRANCHI State Of California Franchise Tax Board 04/19/2023 0.00 452.33 68957 ICMA457 ICMA-MissionSquare Retirement - 303615 04/19/2023 0.00 16,026.55 68958 ICMACM ICMA-MissionSquare Retirement - 108658 04/19/2023 0.00 542.31 68959 ICMADH ICMA-MissionSquare Retirement - 108650 04/19/2023 0.00 750.00 68960 USBANK2 U.S. Bank 04/19/2023 0.00 1,290.46
Report Total (81 checks): 0.00 588,069.42
AP Checks by Date - Summary by Check Number (4/26/2023 8:32 AM) Page 2 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA User:

Printed: 04/26/2023 - 8:34AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00068880 To: 00068960
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-3431-00 Public Works Project Review F Lester Tobias Architecture Ref- OC 23-084 PWReview - 28926 Boniface - Application 68921 Withrawn 484.00 Vendor Subtotal for Section 2:0000 484.00
Section 2:0000
100-0000-3431-00 Public Works Project Review F MG Ventures LLC Refund- PW Project Review Fees CDP16-021, CDP16-022, CDP16-023 68926 4,921.50 Vendor Subtotal for Section 2:0000 4,921.50
Section 2:0000
100-0000-3467-00 Day Camp Fees Jennifer Kessler Refund- Aspects Surf Academy Spring Session 1 68911 290.00 Vendor Subtotal for Section 2:0000 290.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Darlene Dubray Refund- Senior Excursion Date Changed 68898 50.00 Vendor Subtotal for Section 2:0000 50.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Anthony Hall Refund- Senior Excursions (2) Mar'23 and Apr'23 68908 75.00 Vendor Subtotal for Section 2:0000 75.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Jann Jaskol Refund- Senior Excursion Date Changed 68910 50.00 AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 1 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 50.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Margie Tally Refund- Senior Excursion Date Changed 68946 50.00 Vendor Subtotal for Section 2:0000 50.00
Section 2:3001
100-3001-5200-00 Tree Maintenance Newbury Park Tree Service Inc Tree Removal Services - Storm Response Mar'23 68930 9,155.00 Vendor Subtotal for Section 2:3001 9,155.00
Section 2:3001
100-3001-5722-00 Electricity Southern California Edison Company Rambla Light - Feb'23 68940 23.57 100-3001-5722-00 Electricity Southern California Edison Company Traffic Control - Feb'23 68940 92.58 100-3001-5722-00 Electricity Southern California Edison Company St Lighting - Feb'23 68940 2,703.97 100-3001-5722-00 Electricity Southern California Edison Company Cross Creek Rd Ped - Feb'23 68940 -57.43 100-3001-5722-00 Electricity Southern California Edison Company Broad Beach - Feb'23 68940 -32.09 100-3001-5722-00 Electricity Southern California Edison Company Winter Cyn - Feb'23 68940 74.82 100-3001-5722-00 Electricity Southern California Edison Company Webb Way Signal - Feb'23 68940 93.25 Vendor Subtotal for Section 2:3001 2,898.67
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - City Yard Mar'23 68905 1,678.67 100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bluffs, Equestrian, Bus Stop, Cross Creek Apr'23 68905 3,154.10 Vendor Subtotal for Section 2:3001 4,832.77
Section 2:3001
100-3001-6160-00 Operating Supplies R P Barricade, Inc. Channelizers for Malibu Canyon 68938 875.96 100-3001-6160-00 Operating Supplies R P Barricade, Inc. Speed Limit Signs for Dume Dr. and City Stock 68938 462.89 Vendor Subtotal for Section 2:3001 1,338.85
Section 2:3001
100-3001-6160-00 Operating Supplies Underground Service Alert/SC Monthly Fee - Mar'23 68948 43.43 AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 2 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount 100-3001-6160-00 Operating Supplies Underground Service Alert/SC Dig Alerts - Mar'23 68948 106.25 Vendor Subtotal for Section 2:3001 149.68
Section 2:3007
100-3007-5610-00 Fac Maintenance-Civic Center Valley Backflow Inc. Backflow Testing - CCSTF and Broad Beach Biofilter #4 68950 170.00 Vendor Subtotal for Section 2:3007 170.00
Section 2:3007
100-3007-5721-00 Telephone Frontier California Inc Phone - Civic Center STF - Apr'23 68903 153.34 Vendor Subtotal for Section 2:3007 153.34
Section 2:3007
100-3007-5722-00 Electricity Southern California Edison Company CCSTF - Feb'23 68940 305.22 Vendor Subtotal for Section 2:3007 305.22
Section 2:3007
100-3007-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Broad Beach Irrigation 1/18/23 - 3/21/23 Acct#29652752 68918 322.56 Vendor Subtotal for Section 2:3007 322.56
Section 2:3008
100-3008-5100-00 Professional Services American Guard Services, Inc Crossing Guard Program - Mar'23 68883 3,591.72 Vendor Subtotal for Section 2:3008 3,591.72
Section 2:3008
100-3008-5100-00 Professional Services Lorrie Feinberg Database Updates - Public Works Mar'23 68909 195.00 Vendor Subtotal for Section 2:3008 195.00
Section 2:4001
100-4001-5401-00 Advertising & Noticing Brian Shore Banners - Summer Recreation Guide 68947 164.25 AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 3 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4001 164.25
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Phone - MHS Pool - Apr'23 68903 -1.36 Vendor Subtotal for Section 2:4001 -1.36
Section 2:4004
100-4004-5107-00 Contract Personnel Skylar J Lawson Instructor- Aspects Surf Academy S1 68919 3,010.00 Vendor Subtotal for Section 2:4004 3,010.00
Section 2:4005
100-4005-5107-00 Contract Personnel Champ Camp LLC Instructor - Intro to Skateboarding 1/8/23 - 3/26/23 68888 5,678.40 Vendor Subtotal for Section 2:4005 5,678.40
Section 2:4005
100-4005-5401-00 Advertising & Noticing Brian Shore Banners - Skate Camp 68947 82.12 Vendor Subtotal for Section 2:4005 82.12
Section 2:4007
100-4007-5107-00 Contract Personnel Breakthrough Sports, LLC Instructor - T-Ball Classes 1/10/23 - 3/21/23 68884 672.00 Vendor Subtotal for Section 2:4007 672.00
Section 2:4007
100-4007-5107-00 Contract Personnel Cheryl Lev Instructor - Park Tales: Hop Around the Park 4/6/23 68920 150.00 Vendor Subtotal for Section 2:4007 150.00
Section 2:4007
100-4007-5107-00 Contract Personnel Michael Manfredo Instructor- Tai Chi Winter 2023 68922 2,537.50 AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 4 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4007 2,537.50
Section 2:4007
100-4007-5107-00 Contract Personnel Patrick O'Connell Decorations for Spring Park Tales 4/6/23 68932 350.00 Vendor Subtotal for Section 2:4007 350.00
Section 2:4007
100-4007-5107-00 Contract Personnel Rocketology LLC Instructor - Secret Science Agents Webster 1/12/23 - 3/23/23 68935 2,156.00 100-4007-5107-00 Contract Personnel Rocketology LLC Instructor - Secret Science Agents Malibu 1/11/23 - 3/22/23 68935 1,694.00 100-4007-5107-00 Contract Personnel Rocketology LLC Instructor - Mega Machines Afterschool Program 1/10/23 - 3/28/23 68935 1,232.00 Vendor Subtotal for Section 2:4007 5,082.00
Section 2:4007
100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - 34SSoccer Ages 3 to 4 1/8/23 - 3/26/23 68937 945.00 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - 23SSoccer Ages 2 to 3 1/8/23 - 3/26/23 68937 472.50 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - 45SSoccer Ages 4 to 5 1/8/23 - 3/26/23 68937 787.50 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - 57SSoccer Ages 5 to 7 - 1/8/23 - 3/26/23 68937 665.00 Vendor Subtotal for Section 2:4007 2,870.00
Section 2:4007
100-4007-5401-00 Advertising & Noticing Brian Shore Banners - Summer Program Registration 68947 246.38 Vendor Subtotal for Section 2:4007 246.38
Section 2:4008
100-4008-5107-00 Contract Personnel Marsha Cooper Instructor - Strength and Stretch Class Mar’23 68893 700.00 Vendor Subtotal for Section 2:4008 700.00
Section 2:4008
100-4008-5107-00 Contract Personnel Judy M. Merrick Instructor - Relax Through Coloring Mar’23 68925 175.00 Vendor Subtotal for Section 2:4008 175.00
Section 2:4008
100-4008-5107-00 Contract Personnel Sheila Jean Rudich Rosenthal Instructor - Knitting Classes Mar’23 68936 315.00 AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 5 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4008 315.00
Section 2:4010
100-4010-5710-00 Facilities Rent National Construction Rentals, Inc Bluffs Park PortableToilet Exchange 3/24/23 68929 600.00 Vendor Subtotal for Section 2:4010 600.00
Section 2:4010
100-4010-5721-00 Telephone Frontier California Inc Phone - 23641 PCH (median) - Apr'23 68903 55.36 100-4010-5721-00 Telephone Frontier California Inc Phone - Las Flores, Bluffs, Trancas - Apr'23 68903 488.80 Vendor Subtotal for Section 2:4010 544.16
Section 2:4010
100-4010-5722-00 Electricity Southern California Edison Company Bluffs Park Lift Station - Feb'23 68940 21.63 100-4010-5722-00 Electricity Southern California Edison Company Community Services - Feb'23 68940 618.75 100-4010-5722-00 Electricity Southern California Edison Company PCH Median - Feb'23 68940 -56.15 100-4010-5722-00 Electricity Southern California Edison Company Rambla Pacifico - Feb'23 68940 -56.35 Vendor Subtotal for Section 2:4010 527.88
Section 2:4010
100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Bluffs Park 1/24/23 - 3/28/23 Acct#29162657 8918 971.72 Vendor Subtotal for Section 2:4010 971.72
Section 2:4010
100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Charmlee Park Apr'23 68905 237.81 Vendor Subtotal for Section 2:4010 237.81
Section 2:4011
100-4011-5401-00 Advertising & Noticing J Bee NP Publishing LTD The Acorn Newspaper Ad - Chumash Day 2023 68881 1,127.00 AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 6 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4011 1,127.00
Section 2:4011
100-4011-6160-00 Operating Supplies Brian Shore Sinage - Chumash Day Trash 68947 216.81 100-4011-6160-00 Operating Supplies Brian Shore Magnets - 2023 Chumash Day Shuttle Bus 68947 164.25 Vendor Subtotal for Section 2:4011 381.06
Section 2:7002
100-7002-5100-00 Professional Services MAP Communications, Inc. Live Telephone Answering Service Apr'23 68882 261.79 Vendor Subtotal for Section 2:7002 261.79
Section 2:7005
100-7005-5100-00 Professional Services Stoel Rives LLP Legal Services Malibu SYTF Feb'23 68944 552.50 100-7005-5100-00 Professional Services Stoel Rives LLP Legal Services LCP Amendment Feb'23 68944 297.50 Vendor Subtotal for Section 2:7005 850.00
Section 2:7021
100-7021-5119-01 Homeless Encampment Cleanups Woods Maintenance Services, Inc Tuna Canyon Encampment Cleanup and Dump Fees 68953 8,770.00 Vendor Subtotal for Section 2:7021 8,770.00
Section 2:7021
100-7021-5340-00 Transportation & Mileage Susan Duenas Reimburse Mileage - California Emergency Services Workshop 3/28 68899 55.87 Vendor Subtotal for Section 2:7021 55.87
Section 2:7021
100-7021-5640-00 Equipment Maintenance Southern California Edison Company Tier - Feb'23 68940 31.21 Vendor Subtotal for Section 2:7021 31.21
AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 7 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Section 2:7021
100-7021-5721-00 Telephone Frontier California Inc Phone - Disaster Hot Line, Tier, E911 - Apr'23 68903 308.02 Vendor Subtotal for Section 2:7021 308.02
Section 2:7021
100-7021-5721-00 Telephone Remote Satellite Systems Int'l Satellite Phones - May'23 68934 255.80 Vendor Subtotal for Section 2:7021 255.80
Section 2:7021
100-7021-6160-00 Operating Supplies DirecTV, Inc. Direct TV - EOC Apr'23 68897 102.24 Vendor Subtotal for Section 2:7021 102.24
Section 2:7054
100-7054-5100-00 Professional Services Governmental Financial Service CPA Consulting Services Mar'23 68907 210.00 Vendor Subtotal for Section 2:7054 210.00
Section 2:7054
100-7054-5117-00 Film Permit Consultant Frontier California Inc Phone - Film Fax - Apr'23 68903 34.26 Vendor Subtotal for Section 2:7054 34.26
Section 2:7054
100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 68943 12.88 Vendor Subtotal for Section 2:7054 12.88
Section 2:7058
100-7058-5100-00 Professional Services Gallagher Benefit Services, Inc. Professional Services - Class and Comp Study Mar'23 68912 612.50 Vendor Subtotal for Section 2:7058 612.50
AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 8 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Section 2:7059
100-7059-5721-00 Telephone Frontier California Inc Phone - Annex Fax Ln - Apr'23 68903 55.36 100-7059-5721-00 Telephone Frontier California Inc Phone - City Hall Facility, Postage, Teleconference - Apr'23 68903 460.08 Vendor Subtotal for Section 2:7059 515.44
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 68943 142.55 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Toner 68943 227.75 Vendor Subtotal for Section 2:7059 370.30
Subtotal for Section 1: 100 67,844.54
Section 1: 101
Section 2:0000
101-0000-3408-00 Biology Review Fees Lester Tobias Architecture Ref- OC 23-084 Biology - 28926 Boniface - Application 68921 Withrawn 430.00 Vendor Subtotal for Section 2:0000 430.00
Section 2:0000
101-0000-3421-00 Planning Review Fees Joseph Sachs Ref- OC 23-077 - 6813 Shearwater Lane - Application 68939 Withdrawn 190.00 Vendor Subtotal for Section 2:0000 190.00
Section 2:2001
101-2001-5100-00 Professional Services Civic Solutions, Inc Contract Planner - Mar'23 68890 27,183.75 Vendor Subtotal for Section 2:2001 27,183.75
Section 2:2001
101-2001-5100-00 Professional Services Joseph D Smith Planning Services - Mar'23 68891 20,637.50 Vendor Subtotal for Section 2:2001 20,637.50
Section 2:2001
101-2001-5100-00 Professional Services Allison Cook City Planning Services - Mar'23 68892 9,225.00 AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 9 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 9,225.00
Section 2:2001
101-2001-5100-00 Professional Services Lorrie Feinberg Database Updates- Planning Mar'23 68909 1,446.25 Vendor Subtotal for Section 2:2001 1,446.25
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 30127 Cutbert Rd - APRWF 22-006 8914 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 32232 Pacific Coast Hwy - APRWF 21-066 68914 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 31255 Beach View Estates Dr - APRWF 22-018 68915 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6565 Dume Dr - APRWF 22-021 68916 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 29169 Heathercliff Rd, Parcel - APR 22-021 68917 75.00 Vendor Subtotal for Section 2:2001 375.00
Section 2:2004
101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Counter Hours - Geo/Coastal - Feb'23 68894 9,234.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Counter Hours EH - Feb'23 68894 3,555.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Coastal Reviews - Feb'23 68894 6,263.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Admin Task - Latigo Shores - Feb'23 68894 4,900.50 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geotechnical Reviews - Feb'23 68894 45,807.50 Vendor Subtotal for Section 2:2004 69,760.00
Section 2:2004
101-2004-5100-00 Professional Services Lorrie Feinberg Database Updates - Building Safety Mar'23 68909 1,933.75 Vendor Subtotal for Section 2:2004 1,933.75
Section 2:2004
101-2004-5100-00 Professional Services Bureau Veritas North America, Inc. Plan Review 68949 666.25 Vendor Subtotal for Section 2:2004 666.25
Section 2:2004
101-2004-6400-00 Clothing & Emergency Gear Douglas Gallagher Reimbursement- Doughboys Surplus Workboots 68904 254.98 AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 10 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2004 254.98
Section 2:2010
101-2010-5100-00 Professional Services Lorrie Feinberg Database Updates - EH Water Module Mar'23 68909 325.00 Vendor Subtotal for Section 2:2010 325.00
Subtotal for Section 1: 101 132,427.48
Section 1: 102
Section 2:9204
102-9204-5100-00 Clover Heights Storm Drain CWE Stormwater Improv Proj - Clover Heights to Harvester Rd - Feb'23 68895 26,711.65 Vendor Subtotal for Section 2:9204 26,711.65
Subtotal for Section 1: 102 26,711.65
Section 1: 103
Section 2:9050
103-9050-5100-00 Professional Services Master Cooling Corporation City Hall HVAC Maint - Apr'23 68923 1,954.50 Vendor Subtotal for Section 2:9050 1,954.50
Section 2:9050
103-9050-5610-00 Facilities Maintenance AAA Propane Services, Inc. City Hall Propane Tank Rental 68880 447.65 Vendor Subtotal for Section 2:9050 447.65
Section 2:9050
103-9050-5610-00 Facilities Maintenance Duthie Electrical Services City Hall Annual ATS Services (1 of 2) 68900 1,012.95 103-9050-5610-00 Facilities Maintenance Duthie Electrical Services City Hall Annual Generator Service 68900 1,016.22 103-9050-5610-00 Facilities Maintenance Duthie Electrical Services City Hall Annual ATS Services (2 of 2) 68900 1,012.95 103-9050-5610-00 Facilities Maintenance Duthie Electrical Services City Hall Fuel and Coolant Testing 68900 306.60 103-9050-5610-00 Facilities Maintenance Duthie Electrical Services City Hall Diesel Fuel 68900 91.16 AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 11 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9050 3,439.88
Section 2:9050
103-9050-5721-00 Telephone Frontier California Inc Phone - City Hall Septic, Irrigation, Fire, Elevator - Apr'23 68903 372.00 Vendor Subtotal for Section 2:9050 372.00
Section 2:9050
103-9050-5722-00 Electricity Southern California Edison Company City Hall - Feb'23 68940 6,195.00 Vendor Subtotal for Section 2:9050 6,195.00
Subtotal for Section 1: 103 12,409.03
Section 1: 203
Section 2:3009
203-3009-5148-00 Special Event Rec Transit Fast Deer Bus Charter Inc. Senior Center Excursion Bus Cancelation Fee 3/29/23 68901 757.56 Vendor Subtotal for Section 2:3009 757.56
Subtotal for Section 1: 203 757.56
Section 1: 207
Section 2:3004
207-3004-5100-00 Professional Services G.I. Industries Oil Recycle Program Feb'23, Aug'23, and Oct'22 68906 4,370.94 Vendor Subtotal for Section 2:3004 4,370.94
Section 2:3004
207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Dumpster Lid Enforcement - Mar'23 68941 2,420.00 Vendor Subtotal for Section 2:3004 2,420.00
AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 12 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 207 6,790.94
Section 1: 290
Section 2:6002
290-6002-5722-00 Electricity Southern California Edison Company Big Rock Inland Pump - Feb'23 68940 -72.14 290-6002-5722-00 Electricity Southern California Edison Company Asmt Dist Big Rock - Feb'23 68940 634.38 Vendor Subtotal for Section 2:6002 562.24
Subtotal for Section 1: 290 562.24
Section 1: 291
Section 2:6003
291-6003-5722-00 Electricity Southern California Edison Company Asmt dst Malibu Rd - Feb'23 68940 -187.25 Vendor Subtotal for Section 2:6003 -187.25
Subtotal for Section 1: 291 -187.25
Section 1: 292
Section 2:6004
292-6004-5722-00 Electricity Southern California Edison Company Calle Del Barco - Feb'23 68940 -57.43 292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Rambla-Calle - Feb'23 68940 -54.86 292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Calle Del - Feb'23 68940 -52.33 Vendor Subtotal for Section 2:6004 -164.62
Subtotal for Section 1: 292 -164.62
Section 1: 500
Section 2:7008
500-7008-5130-00 Park Maintenance G.I. Industries Garbage - loki Lot Apr'23 68905 210.26 Vendor Subtotal for Section 2:7008 210.26
AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 13 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Section 2:7008
500-7008-5610-00 Facility Maintenance G.I. Industries Garbage - Supercare Pharmacy Apr'23 68905 190.64 Vendor Subtotal for Section 2:7008 190.64
Section 2:7008
500-7008-5722-00 Electricity Southern California Edison Company 23661 PCH - Feb'23 68940 640.36 500-7008-5722-00 Electricity Southern California Edison Company Legacy Park Lift Station - Feb'23 68940 1,170.04 Vendor Subtotal for Section 2:7008 1,810.40
Subtotal for Section 1: 500 2,211.30
Section 1: 515
Section 2:3010
515-3010-5210-00 Service Fees & Charges South Coast AQMD AQMD Renewal Fees - Fac ID 181178 FY 22/23 68942 5,505.73 515-3010-5210-00 Service Fees & Charges South Coast AQMD AQMD Renewal Fees - Fac ID 181174 FY 22/23 68942 2,147.75 515-3010-5210-00 Service Fees & Charges South Coast AQMD AQMD Renewal Fees - Fac ID 181179 FY 22/23 68942 468.76 515-3010-5210-00 Service Fees & Charges South Coast AQMD AQMD Emissions Fees - Fac ID 181179 FY 22/23 68942 151.85 515-3010-5210-00 Service Fees & Charges South Coast AQMD AQMD Emissions Fees - Fac ID 181178 FY 22/23 68942 151.85 515-3010-5210-00 Service Fees & Charges South Coast AQMD AQMD Emissions Fees - Fac ID 181174 FY 22/23 68942 151.85 Vendor Subtotal for Section 2:3010 8,577.79
Section 2:3010
515-3010-5640-00 Equipment Maintenance Valley Backflow Inc. Backflow Testing - CCWTF 68950 580.00 Vendor Subtotal for Section 2:3010 580.00
Section 2:3010
515-3010-5722-00 Electricity Southern California Edison Company Injection Wells/CCWWTF - Feb'23 68940 15.42 515-3010-5722-00 Electricity Southern California Edison Company CCWWTF - Feb'23 68940 10,209.56 Vendor Subtotal for Section 2:3010 10,224.98
AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 14 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - CCWTF Apr'23 68905 209.44 Vendor Subtotal for Section 2:3010 209.44
Subtotal for Section 1: 515 19,592.21
Section 1: 601
Section 2:3005
601-3005-5722-00 Electricity Southern California Edison Company Electric Car Charger - Feb'23 68940 302.18 Vendor Subtotal for Section 2:3005 302.18
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash - City Vehicles 4/6/23 68928 105.00 Vendor Subtotal for Section 2:3005 105.00
Subtotal for Section 1: 601 407.18
Section 1: 602
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc Late Fee - Apr'23 68903 34.52 Vendor Subtotal for Section 2:7060 34.52
Section 2:7060
602-7060-7400-00 Computer Equipment Flexential Colorado Corp Server Colocation Apr'23 68951 1,090.81 602-7060-7400-00 Computer Equipment Flexential Colorado Corp Server Colocation Feb'23 68951 1,087.78 602-7060-7400-00 Computer Equipment Flexential Colorado Corp Server Colocation Mar'23 68951 1,095.38 Vendor Subtotal for Section 2:7060 3,273.97
AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 15 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 602 3,308.49
Section 1: 710
Section 2:0000
710-0000-2270-44 Library Event Laure-Anne Brown Library Speaker Series - "Jubilations" Feat. Poet 5/6/23 68885 400.00 Vendor Subtotal for Section 2:0000 400.00
Section 2:0000
710-0000-2270-44 Library Event Ann Buxie Library Speaker Series - "Jubilations" Poet Laureate 5/6/23 68886 300.00 Vendor Subtotal for Section 2:0000 300.00
Section 2:0000
710-0000-2270-44 Library Event A Call 2Peace Foundation Library Speaker Series - "Jubilations" Musician Director 5/6/23 68887 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-44 Library Event Charlotte Anne Ward Library Speaker Series - "Jubilations" Poet 5/6/23 68889 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
710-0000-2270-44 Library Event Roxy DeCou Library Speaker Series - "Jubilations" Dancer 5/6/23 68896 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
710-0000-2270-44 Library Event Eileen M. Fiori Library Speaker Series - "Jubilations" Poet 5/6/23 68902 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
710-0000-2270-44 Library Event Shelley R Kramer Library Speaker Series - "Jubilations" Dancer 5/6/23 68913 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
710-0000-2270-44 Library Event Ricardo P Means Library Speaker Series - "Jubilations" Poet 5/6/23 68924 100.00 AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 16 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
710-0000-2270-44 Library Event Ann Monahan Library Speaker Series - "Jubilations" Dancer 5/6/23 68927 300.00 Vendor Subtotal for Section 2:0000 300.00
Section 2:0000
710-0000-2270-44 Library Event Linda Nicholas Library Speaker Series - "Jubilations" Dancer 5/6/23 68931 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
710-0000-2270-44 Library Event Jolynn Regan Library Speaker Series - "Jubilations" Poet 5/6/23 68933 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
710-0000-2270-44 Library Event Ronald A. Wagner Library Speaker Series - "Jubilations" Musician 5/6/23 8952 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-44 Library Event Esther Yang Library Speaker Series: "Jubilations" Poet 5/6/23 68954 50.00 Vendor Subtotal for Section 2:0000 50.00
Subtotal for Section 1: 710 2,550.00
Section 1: 715
Section 2:9049
715-9049-5810-01 Interest Expense-Recycled Loan State Water Resources Control CCWTF-SRF-Repayment Contract D1501033/Proj.8018- 68945 110 (Interest) 293,447.33 Vendor Subtotal for Section 2:9049 293,447.33
Subtotal for Section 1: 715 293,447.33
Section 1: 900
AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 17 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70013.04.2023 PARS - ER Share 68960 223.69 900-0000-2041-00 PARS U.S. Bank PR Batch 70013.04.2023 PARS - EE Share 68960 1,066.77 Vendor Subtotal for Section 2:0000 1,290.46
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70013.04.2023 ICMA Def Comp - Flat Amount 68957 10,792.02 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70013.04.2023 ER Contribution to ICMA 68957 2,950.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70013.04.2023 ICMA Def Comp - % of Salary 68957 1,258.70 Vendor Subtotal for Section 2:0000 15,000.72
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70013.04.2023 ICMA Loan Program 68957 1,025.83 Vendor Subtotal for Section 2:0000 1,025.83
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70013.04.2023 ICMA - City Manager 68958 542.31 Vendor Subtotal for Section 2:0000 542.31
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70013.04.2023 ICMA - Dept Heads 68959 750.00 Vendor Subtotal for Section 2:0000 750.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70013.04.2023 Income Withholding Order-Calif 68955 339.69 Vendor Subtotal for Section 2:0000 339.69
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings State Of California Franchise Tax Board PR Batch 70013.04.2023 Earnings Withholding Order 68956 452.33 Vendor Subtotal for Section 2:0000 452.33
AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 18 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 900 19,401.34
Report Total: 588,069.42
AP-Transactions by Account (04/26/2023 - 8:34 AM) Page 19 DocuSign Envelope ID: A41527E2-FB60-406E-82D8-BF3E82492AFA

Page 1 of 1 ends

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 26, 2023 Meeting date: May 8, 2023 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the March 24, 2022 Malibu City Council Special 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 24, 2022.

ATTACHMENTS:

March 24, 2022 Special meeting
City Council Meeting
05-08-23
Item

3.B.3.

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
MARCH 24, 2022

TELECONFERENCED - VARIOUS LOCATIONS
6:00 P.M.

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

REGULAR SESSION 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 Mikke Pierson, and Steve Uhring
ABSENT: Councilmember Karen Farrer
ALSO PRESENT: John Cotti, Interim City Attorney; Steve McClary, Interim City Manager; Kelsey Pettijohn, City Clerk; Susan Dueñas, Public Safety Manager; and Luis Flores, Public Safety Liason

PLEDGE OF ALLEGIANCE
Mayor Grisanti led the Pledge of Allegiance.

APPROVAL OF AGENDA
MOTION Councilmember Pierson moved to approve the agenda.

In response to Councilmember Uhring, Public Safety Manager Dueñas explained discrepancies with Homelessness Task Force’s recommendation.

Councilmember Uhring seconded the motion. The question was called, and the motion carried 4-0, Councilmember Farrer absent.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on March 18, 2022.

Malibu City Council
Minutes of March 24, 2022

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_________________________
ITEM 1 NEW BUSINESS
A. Alternative Sleeping Location (ASL) Recommendation
Recommended Action: 1) Review the proposed Alternative Sleeping Location (ASL) Recommended Action Plan developed by the Homelessness Task Force; and 2) Provide direction to the Homelessness Task Force and/or staff.

Public Safety Liason Flores presented the staff report. Homelessness Task Force Chair Ian Roven and Vice Chair Bill Winokur presented the Homelessness Task Force’s recommendation.

Mayor Grisanti opened the floor for public comment.

Speakers: Bill Sampson, Kelly Pessis, Paul Davis, B.L.K., Georgia Goldfarb, Gina Catan, Kay Gabbard, Lonnie Gordon, Jo Drummond, Chad Watters (Sheriff Lt.), Ryan Embree, Bill Winokur
Steve Breese declined the opportunity to speak.

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 Mayor Pro Tem Silverstein moved, and Councilmember Uhring seconded the motion to: 1) direct the Homelessness Task Force to pursue the primary plan outlined in the March 18, 2022 staff report with non-city funding sources; 2) direct the Homelessness Task Force to reconsider and revise the scope of the Alternative Sleeping Location Recommended Action Plan.

The Council discussed the motion and directed questions to staff.

FRIENDLY AMENDMENT
Mayor Pro Tem Silverstein withdrew second point of his motion.

FRIENDLY AMENDMENT
Councilmember Pierson moved to direct the Homelessness Task Force to report back to the City Council after investigating the primary plan outlined in the March 18, 2022 staff report with non-city funding sources.

The amendments were accepted by the maker and second.

The Council discussed the motion and directed questions to staff.

The question was called, and the amended motion carried 4-0, Councilmember Farrer absent.

Malibu City Council
Minutes of March 24, 2022

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_________________________

ADJOURNMENT
At 8:01 p.m., Mayor Grisanti adjourned the meeting.

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

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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 26, 2023 Meeting date: May 8, 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
05-08-23
Item

3.B.4.

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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 27th 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)

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Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Reviewed by: Joseph Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: April 19, 2023 Meeting date: May 8, 2023 Subject: Amendment No. 1 to Professional Services Agreements with CR Print, Inc. and Totalgraphics
RECOMMENDED ACTION: 1) Authorize the Mayor to execute the Professional Services Agreement Amendment No. 1 with CR Print, Inc. to extend the term of the agreement to July 31, 2023; and 2) Authorize the Mayor to execute the Professional Services Agreement (PSA) Amendment No. 1 with Totalgraphics to extend the term of the agreement to July 31, 2023.

FISCAL IMPACT: No additional appropriation is required. Funding for these agreements is included in the Adopted Budget for Fiscal Year 2022-2023 in numerous accounts.

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: The City of Malibu strives to engage residents and promote public participation in all areas of local government. As a result, the City of Malibu produces various printed and digital materials used for community outreach. These materials include but are not limited to: public notices, postcards, pamphlets, booklets, invitations, posters, flyers, banners, and other digital and printed graphics.

In 2021, City staff solicited a request for proposals to create a pool of consultants to provide on-call publishing, printing, and mailing services. As result of the RFP process, in May 2021, the City entered into two agreements: 1) Totalgraphics for sign and banner printing services, and 2) CR Print, Inc. for all other printing, mailing, and publishing services. These agreements are set to expire on May 24, 2023.

City Council Meeting
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Item

3.B.5.

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Agenda Item # 3.B.5.

On April 19, 2023, the City issued an RFP for the aforementioned services for a 30-day response period and anticipates concluding the interview process at the end of May. As such, staff is requesting that the City Council extend the term of the City’s Professional Service Agreement with CR Print and Totalgraphics until July 31, 2023, to maintain services until new agreements are awarded.

ATTACHMENTS:

1. Amendment No. 1 to the Professional Services Agreement with CR Print, Inc.

2. Amendment No. 1 to the Professional Services Agreement with Totalgraphics AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on May 8, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Earth Print, Inc. (dba CR Print), hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On May 24, 2021, the City entered into an Agreement with Consultant for certain projects relating to on-call publishing, printing, and mailing services.

B. The Agreement is set to expire on May 24, 2023 and pursuant to Malibu Municipal Code Section

2.56.150, a request for proposals shall be solicited for services. At the time this amendment was prepared, the City has issued a request for proposal and the Agreement will expire before the City Council can award an agreement for services. As such, the City desires to amend the Agreement to extend the term of the agreement to July 31, 2023.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 2.0 Term of Agreement, of the Agreement, is hereby extended to July 31, 2023.

2. The Parties agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

3. All terms and conditions of the Agreement not amended by this Amendment No. 1 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of May 8, 2023.

CITY OF MALIBU: ____________________________________ BRUCE SILVERSTEIN, Mayor ATTEST: ____________________________________ KELSEY PETTIJOHN, City Clerk (seal)
APPROVED AS TO FORM: CONSULTANT: _____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: MICHAEL CORRIDORI Title: Secretary
ATTACHMENT 1
AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on May 8, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Totalgraphics, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On May 24, 2021, the City entered into an Agreement with Consultant for certain projects relating Banner printing Services
B. The Agreement is set to expire on May 24, 2023 and pursuant to Malibu Municipal Code Section

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 2.0 – Term of Agreement, of the Agreement, is hereby extended to July 31, 2023.

3. All terms and conditions of the Agreement not amended by this Amendment No. 1 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of May 8, 2023.

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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: Luis Flores, Public Safety Liaison
Reviewed by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: April 18, 2023 Meeting date: May 8, 2023 Subject: Disbandment of the Homelessness Task Force
RECOMMENDED ACTION: Approve Resolution No. 23-20 disbanding the Homelessness Task Force (Task Force) and reassigning Task Force Charter assignments to the Public Safety Commission.

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

WORK PLAN: This item was included as part of 1.k., 1.l., 1.m. in the Adopted Work Plan for Fiscal Year 2022-2023.

DISCUSSION: At the July 21, 2021, City Council Special Meeting to discuss issues related to homelessness, the Council established the Homelessness Task Force (Task Force) and its Charter that included six assignments. At the April 10, 2023, Regular City Council Meeting, the City Council reviewed the progress made by the Homelessness Task Force on completing their six Charter assignments.

While much has been accomplished by the Task Force, the ten-member body has had increasing difficulty with keeping members and meeting quorum requirements. Staff expressed concern that these difficulties will increase even more when in-person meetings resume. Since many of the Charter assignments have been completed, and some of the issues overlap with issues being addressed by the Public Safety Commission, the City Council moved to disband the Homelessness Task Force and transfer all ongoing assignments to the Public Safety Commission.

City Council Meeting
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Item

3.B.6.

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Agenda Item # 3.B.6.

Staff recommends that the City Council adopt Resolution No. 23-20 disbanding the Task Force and reassigning the tasks of the Homelessness Task Force to the Public Safety Commission.

ATTACHMENTS: Resolution No. 23-20
RESOLUTION NO. 23-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

DISBANDING THE HOMELESSNESS TASK FORCE AND REASSIGNING ITS

CHARTER ASSIGNMENTS TO THE PUBLIC SAFETY COMMISSION
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The City Council created the Homelessness Task Force and its Charter on July 21, 2021, by Resolution No. 21-43.

B. Since August 12, 2021, the 10-member Task Force has met monthly and has taken many actions toward completing the six assignments outlined by the Charter.

C. The Task Force reviewed and updated the Homelessness Strategic Plan goals and objectives.

D. The Task Force reviewed the concept, need and possible implementation of an Alternative Sleeping Location, and made a recommendation to the City Council to procure interim shelter beds dedicated for Malibu’s use.

E. The Task Force developed a plan to mitigate public safety and environmental impacts, particularly fires related to homeless encampments and provided a recommendation to the City Council.

F. The Task Force explored new ideas to address homelessness, researched strategies used by other jurisdictions, and identified best practices that could be implemented in Malibu.

G. The Task Force explored the development of a robust public engagement and outreach plan and provided a recommendation to the City Council.

H. Since the beginning of 2023 the Homelessness Task Force has lost three members and has struggled to meet the required quorum of six members to hold a meeting.

SECTION 2. The City Council has considered the above accomplishments and circumstances and hereby disbandsthe Homelessness Task Force and reassigns all remaining tasks to the Public Safety Commission.

SECTION 3. City staff shall oversee the transfer of assignments to the Public Safety Commission and brief Commissioners on the achievements of the Homelessness Task Force and their ongoing tasks moving forward.

SECTION 4. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 8th day of May 2023.

Resolution No. 23-20

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_____________________
_____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney

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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: Julie Santia, Associate Engineer
Reviewed by: Rob DuBoux, Public Works Director
Approved by: Steve McClary, City Manager
Date prepared: April 18, 2023 Meeting date: May 8, 2023 Subject: Award Storm Drain Trash Screens Installation Phase Two Project RECOMMENDED ACTION: 1) Authorize the City Manager to execute a construction contract with United Storm Water, Inc. in the amount of $9,101 for the Storm Drain Trash Screens Installation Phase Two Project Specification No. 2102; and 2) Authorize the Public Works Director to approve potential change orders up to 15% of the contract.

FISCAL IMPACT: No additional appropriation is required. Funding for this project is included in the Adopted Budget for Fiscal Year 2022-2023 Account No. 310-9104-5100- 00 (Storm Drain Trash Screens Phase Two). This project is funded using Measure W.

WORK PLAN: This item was included as a 4.r item in the Adopted Work Plan for Fiscal Year 2022-2023.

DISCUSSION: The Los Angeles Regional Water Quality Control Board (Regional Board) mandates certain regulations to reduce the amount of trash and debris entering Malibu Creek and Santa Monica Bay. This project consists of installing trash screens on seven (7) of the City’s storm drain inlets on John Tyler Drive, Roca Chica Drive and Piedra Chica Drive. These improvements will comply with the Regional Board’s regulations by reducing the amount of trash entering the storm drain system.

The City advertised the project specifications for the Storm Drain Trash Screens Installation Phase Two Project according to the informal competitive bidding process on February 22, 2023. Three contractors submitted bids by the deadline of March 30, 2023.

City Council Meeting
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Item

3.B.7.
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Agenda Item # 3.B.7.

Contractor Bid Amount
United Storm Water, Inc. $9,101
Downstream Services, Inc. $12,762
J and H Engineering General Contractors, Inc. $25,601
Staff reviewed the bid submitted by United Storm Water and found it to be in order and in conformance with the bid requirements. Staff verified the contractor’s license is current and in good standing. United Storm Water successfully completed the same type of work for the City of Malibu for the first phase of this project in 2020.

Staff recommends the Council approve the award and authorize the City Manager to execute a construction contract with United Storm Water and authorize the Public Works Director to approve potential change orders up to 15% of the agreement amount. Once approved, staff will process the agreement and issue a Notice to Proceed for the project.

ATTACHMENTS:

Public Works Agreement with United Storm Water, Inc.
2 CITY OF MALIBU

PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as of the date executed by the City Manager and attested to by the City Clerk, by and between United Storm Water, Inc. (hereinafter referred to as “CONTRACTOR”) and the City of Malibu, California, a municipal corporation (hereinafter referred to as “CITY”).

R E C I T A L S
A. On May 8, 2023, Malibu’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.

B. The City Council has authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Storm Drain Trash Screens Installation Phase Two Project in the City of Malibu.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Storm Drain Trash Screens Installation Phase Two Project in the City of Malibu. The work shall be performed in accordance with the Specifications dated February 22, 2023 and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit A) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project, a complete set of which is on file with the Malibu City Clerk’s Office, shall consist of the Terms and Conditions. Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 3 Public Works Agreement
United Storm Water, Inc.

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3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within thirty consecutive working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $500 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.

5. PREVAILING WAGES:

A. Pursuant to Labor Code Section 1720, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.

C. CITY directs CONTRACTOR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.

D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the 4 Public Works Agreement
United Storm Water, Inc.

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performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
(5) CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
(6) CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices. (7) Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.

F. CONTRACTOR and its subcontractors must comply with Labor Code Sections 1725.5 and 1777.1, including the requirement that registration with the DIR be maintained through the term of the Project. The City may, from time to time, request evidence of current registration.
5 Public Works Agreement
United Storm Water, Inc.

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6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.

7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

8. CONTRACTOR'S LIABILITY: The City of Malibu and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work.

CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. 6 Public Works Agreement
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c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any thirdparty claim. 7 Public Works Agreement
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10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Standard Specifications.

12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

14. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

15. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.

16. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.

CONTRACTOR shall maintain a City of Malibu business license, if required under CITY ordinance.

17. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any 8 Public Works Agreement
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authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

18. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.

19. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein.

Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.

20. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.

21. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.

Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Robert DuBoux, Public Works Director/City Engineer

CONTRACTOR
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United Storm Water, Inc.
14000 E Valley Blvd.

Industry CA 91746-2801
Atten: Eduardo C. Perry, Jr., President

22. DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents and Public Contracts Code Sections 10240-10240.13.

23. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

24. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

25. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.

26. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.

This Agreement is executed on this day of , 2023, at Malibu, California, and effective as of _____________, 2023.

CITY OF MALIBU: _______________________________________ STEVE MCCLARY, City Manager ATTEST: ___________________________________ KELSEY PETTIJOHN, City Clerk (seal)
APPROVED AS TO FORM: ___________________________________ TREVOR RUSIN, Interim City Attorney CONTRACTOR: ________________________________________ Name, Title CONTRACTOR’S State of California License No. _________________________________________ CONTRACTOR’S Business Phone No. _________________________________________ CONTRACTOR’S Emergency Phone No. at which contractor can be reached at any time _________________________________________ _________________________________________ _________________________________________ 11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
Any person or organization where required by
written contract provided that such contract was
executed prior to the date of loss
All Locations as required per written contract
35 36
Any person or organization where required by written
contract provided that such contract was executed prior to the date of loss
All Locations as required per written contract.
37 38
Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. 39 40

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Agenda Item # 4.A.

Council Agenda Report
To: Mayor Silverstein and Honorable Members of the City Council Prepared by: Adam Pisarkiewicz, Contract Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: April 27, 2023 Meeting date: May 8, 2023 Subject: Appeal Nos. 22-006 and 22-012 – Appeals of Planning Commission Resolution No. 22-46 (33650 Pacific Coast Highway; Owner: Charals Haagan; Appellants: Jake Jenson and the Mountains Recreation and Conservation Authority)
RECOMMENDED ACTION: Continue this item to the May 22, 2023 Regular City Council meeting.

City Council Meeting
05-08-23
Item

4.A.

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Agenda Item # 6.A.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: April 18, 2023 Meeting date: May 8, 2023 Subject: Letter in Opposition to Los Angeles County Board of Supervisors Motion to Take Actionable Steps to Depopulate and Decarcerate the Los Angeles County Jails
RECOMMENDED ACTION: Consider authorizing the Mayor to send a letter to Los Angeles County Board of Supervisors Hilda Solis and Lindsey Horvath in opposition to a proposed motion to take actionable steps to depopulate and decarcerate the Los Angeles County jails.

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: The City was recently made aware of a motion put forward by Los Angeles County Supervisors Hilda Solis and Lindsey Horvath to take actionable steps to depopulate and decarcerate the Los Angeles County jails (Attachment 1). The item was pulled from the April 4, 2023 Board of Supervisor’s agenda after receiving numerous communications from cities and stakeholders in opposition to the motion. Although the motion was pulled, there are indications that it will be brought back at a future meeting.

The motion includes numerous recommendations that could impact the City and surrounding community by releasing inmates through expansion of early release programs, reduction and elimination of certain bail amounts, establishment of a mandatory cite-and-release rule for suspects with bail amounts less than $50,000, and expansion of pre-trial diversion programs to cover a wider range of offenses.

City Council Meeting
05-08-23
Item

6.A.

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Agenda Item # 6.A.

The Las Virgenes-Malibu Council of Governments recently discussed sending a letter in opposition to the motion, and the cities of Calabasas and Hidden Hills, as well as the League of California Cities Los Angeles County Division already have sent letters. An analysis of the motion prepared by Calabasas Councilmember James Bozajian is attached. While there is broad recognition that the County needs to address overcrowding in the jails and meet mandates set by various consent decrees, many of the objections to the motion stem from the lack of outreach to cities and other stakeholders to participate in development of the strategy.

Public safety has long been a top priority of the City Council. Therefore, staff recommends that the Council consider directing the Mayor to write a letter to Supervisors Solis and Horvath opposing the motion and encouraging them to work with cities and other stakeholders to develop strategies that minimize the potential impact to public safety.

ATTACHMENTS:
1) Los Angeles County Board of Supervisors proposed motion 2) Analysis of the motion
3) Draft letter in opposition to the motion
MOTION
SOLIS ___________________________
MITCHELL ___________________________
HORVATH ___________________________
BARGER ___________________________
HAHN ___________________________
AGN. NO.

MOTION BY SUPERVISORS HILDA L. SOLIS AND April 4, 2023
LINDSEY P. HORVATH
Los Angeles County to Take Actionable Next Steps to Depopulate and Decarcerate the Los Angeles County Jails: Granting Local Authority, Advocating for Court and State Support, and Legislative Changes
Over the years, the Los Angeles County (County) Board of Supervisors (Board) has done a great deal to advance its “care first, jails last” agenda. As far back as 2015, the Board has taken steps to create, expand, and support alternatives to custody initiatives, such as the continued support of the Department of Health Services’ (DHS) Office of Diversion and Reentry (ODR) through the expansion of beds; adoption of the five strategies outlined in the Alternatives to Incarceration (ATI) Work Group’s final report; and creation of the Gender Responsive Advisory Committee (GRAC), the Men’s Central Jail (MCJ) Workgroup, the Executive Steering Committee (ESC), and the Jail Population Review Council (JPRC).

In 2021, the Board also adopted the “Care First and Community Investment Budget Policy” (CFCI) and has allocated over $200 million dollars in the first two years ATTACHMENT 1
to support direct community investment through community-based youth programs, job training, access to capital for small and minority-owned businesses, rental assistance, housing, and alternatives to incarceration through community-based services and noncustodial pretrial, diversion, reentry, and restorative justice programs.

To further commit the Board’s intention to “jails last”, in 2021, it created the Jail Closure Implementation Team (JCIT), with a firm mandate to safely close and demolish MCJ with no new jail construction. Additionally, to streamline the many “care first” initiatives conceptualized and created out of the County’s 38 departments, the Board created the one-of-a-kind, Justice, Care and Opportunities Department (JCOD). This Department houses all non-clinical “care first” and ATI initiatives and strategies, including pre-trial and reentry, utilizing all County tools and resources available to safely depopulate and decarcerate the non-clinical populations of the County’s seven jail facilities, prioritizing MCJ.

To depopulate and decarcerate is a monumental task, and the Board is committed to redress historical wrongs, deeply rooted in systemic racism and prejudice, and reverse status quo responses to poverty, mental health and medical needs, and substance use dependencies. However, the authority and responsibility, unfortunately, does not rest solely on this Board.

The Board has limited authority to decarcerate and divert as these authorities lie largely with the State, Legislature, Governor, Los Angeles Superior Court (LASC), and the Los Angeles County Sheriff. There are also several legislative changes and reforms that need to take place to safely depopulate vulnerable populations in the jails, such as those who have been deemed “medically fragile.”
Lastly, the County jails, as overcrowded as they are and have historically been for over 40 years, currently house 1,464 individuals who have been sentenced to State prison. The burden of acting as a holding space for another jurisdiction, in this case, the State, poses great liability and risk to the County.

The County is under numerous consent decrees and settlement agreements, including lawsuits about conditions in the jails, the treatment provided for incarcerated people with mental health needs, and severe overcrowding in the County jails. They are expensive and getting into compliance is becoming more difficult and challenging as the population becomes more complex. To better handle the numerous consent decrees, the Board, earlier this month, supported the motion, “Consent Decrees:

Achieving Compliance” to receive a report back from County departments, including LASD, that will include “exit strategies to enable the County to achieve compliance and resolve the lawsuit…”1
In further analysis of the population in the County’s jails, there are pathways for release and diversion for certain individuals and those relevant programs should be expanded; however, there are also those individuals who will likely not be able to be released/diverted due to the severity of their mental health needs and charges. These individuals, who have no other option available to them but incarceration, are being addressed in previous motions, supported by the Board, to build out the County’s continuum of care in the community through the development of secure mental health facilities. This option would allow those with severe mental health needs to be served in facilities focused on treatment, not incarceration or punishment. 1 https://file.lacounty.gov/SDSInter/bos/supdocs/178221.pdf The Board is also seeking support from the State, in light of the mental health crisis in our communities, which is heavily impacting people experiencing homelessness and those who have severe mental health needs, through the motion, “Advocating for Mental Health Services Act Flexibility”2. These vulnerable individuals, without the intervention of resources, services, and support cycle in and out of County jails and hospitals. As a result of this motion, passing unanimously, earlier this month, the County will send a five-signature letter to Governor Gavin Newsom to seek flexibility on MHSA dollars to build out the necessary continuum of care and services that our vulnerable residents need.

Despite this, there are still steps that the Board needs to take, including:
• Advocating for support from the LASC and State for legislative changes conducive to the County’s jail depopulation goals;
• Granting limited authority to the Sheriff, which it needs to do to drastically reduce the incarcerated population, through alternative programs; and • Removing systemic barriers and challenges and installing more reasonable and realistic guardrails as it relates to County staffing and contracting.

For these reasons and to respond to the County’s mass incarceration crisis in a more humane way, the Board must move forward with celerity to utilize its complete authority to advocate for support and reforms from our State and Judicial partners to ensure this County is a truly “jails last” County.

WE, THEREFORE, MOVE that the Board of Supervisors declare the state of 2 https://file.lacounty.gov/SDSInter/bos/supdocs/04790b8a-5e02-4306-a9ab-6eba3a71c6ad.pdf mental health services and overcrowding in the Los Angeles County jails a humanitarian crisis, requiring the County to move with all deliberate speed on meaningful solutions.

WE, FURTHER MOVE that the Board of Supervisors, prioritize decreasing the number of individuals entering the LA County jails by doing the following:

1. Direct the Countywide Criminal Justice Coordinating Committee, in collaboration with JCOD and LA Sheriff’s Department (LASD), to engage with the 45 municipal law enforcement partners, identify interested partners, and work with those partners to develop MOUs, or other agreements, aimed at expanding the use of cite and release across the County.

2. Direct the Interim Director of JCOD and the Interim Director of the ODR to coordinate and align their respective pre-filing diversion efforts (i.e., LEAD and JCOD Pre-Filing Diversion Pilot Programs) to plan for expansion of those efforts in a manner that maximizes resources and avoids duplication of efforts.

3. Direct the Public Defender (PD) and the Alternate Public Defender (APD) to develop recommendations, including staffing and budget needs, that will enable each office to help people resolve Failure to Appear (FTA) warrants as a means of avoiding incarceration, including consideration of expanding existing expungement clinics and/or mobile services.

WE, FURTHER MOVE that the Board of Supervisors, prioritize increased opportunities for pre-trial release by doing the following:

4. Direct County Counsel, in collaboration with JCOD, to send a 5-signature letter to LASC:
a. Implement the Emergency Bail Schedule (EBS) that was in place at the height of the COVID pandemic, and
b. Implement, where feasible, extended court hours to serve those residents who are not able to attend or appear at court during normal business hours.

5. Direct JCOD, in collaboration with the PD, APD, DA, and in consultation with the LASC, to explore opportunities to provide additional programs and services to expand diversion and alternative sentencing opportunities throughout the pretrial process including, but not limited to, in the Early Disposition Courts (EDC).

6. As it relates to Penal Code §1203.018:
a. Direct JCOD and LASD, in consultation with County Counsel, to develop the rules and regulations of the early release, pre-sentenced programs as allowed by Penal Code §1203.018;
b. Authorize the use of Penal Code §1203.018 by LASD to release individuals in the County jails held on bail for either felonies and/or misdemeanors who can be safely released back into the community, based on said rules and regulations of the program; and c. Direct JCOD to file with the Board the agreed upon rules and regulations for the pre-sentenced program.

7. Direct JCOD to explore opportunities to subsidize transportation to and from court and other supports for individuals released pre-trial, assess the likely impact on jail population, and to develop a plan to do so. The plan should, in collaboration with CEO, identify costs and possible one-time and ongoing funding sources.

8. Direct JCOD, DA, APD, PD, Sheriff, and Probation to work with the LASC to increase the use of split sentencing as another alternative to incarceration.

9. Direct the Interim Director of JCOD, in collaboration with the LASD and all other relevant departments, to develop a plan and coordinate the implementation of community services programs at each LASD station in the County that would help to support the expansion of pre-trial releases by the LASC, and any other diversion effort by JCOD and ODR.

10.Direct JCOD with LASD, in collaboration with the PD and APD, to report back on previous efforts to conduct video arraignments at all LASD station jails and provide a proposal for a pilot to reinitiate efforts to arraign as many individuals as possible, remotely via video conference, in an effort to reduce the number of individuals transferred from local to County jails.

WE, FURTHER MOVE that the Board of Supervisors, prioritize increased opportunities for post-sentence release and re-entry by doing the following:

11.As it relates to early release programs under Penal Code §§1203.016 and 1203.017:
a. Direct JCOD and LASD, in consultation with County Counsel, to evaluate the current rules and regulations for LASD’s early release, postsentenced programs under Penal Code §§1203.016 and 1203.017 and make any needed adjustments;
b. Re-authorize the use of Penal Code §§1203.016 and 1203.017 by LASD to release individuals committed and/or sentenced to the County jails for misdemeanors and/or felonies who can be safely released back into the community based on the rules and regulations of the program previously developed by LASD; and
c. Direct JCOD to file with the Board the agreed upon rules and regulations for the post-sentenced program and detail the County’s collaborative effort to ensure the program’s success.

12.Request LASD to review its “shorts” release policy, starting with individuals incarcerated at CRDF, for opportunities to:
a. Further modify time-served requirements;
b. Review its bail thresholds to cite and release individuals with aggregate bail amounts set at $50,000 or below; and
c. Expand “shorts” release policy and “percentage release” program to include people sentenced under Assembly Bill (AB) 109/Penal Code §1170(h).

13.Direct the Interim Chief Probation Officer to implement a high-level approval process for custody-based on Post-Release Community Supervision (PRCS) revocation and direct JCOD to work with the Interim Chief Probation Officer to find alternative measures to respond to PRCS violations that do not result in individuals being incarcerated.

14.Direct CEO-LAIR, in consultation with JCOD and County Counsel, to send a 5-signature letter to Governor Gavin Newsom and California Department of Corrections and Rehabilitation (CDCR) Secretary Jeff Macomber to:
a. Expedite release of individuals being held in local custody on behalf of the State including, granting LASD delegated authority to calculate credits and release individuals directly from local custody; b. Expedite the transfer of those individuals, being held in local custody, who have been sentenced to state prison to CDCR facilities; and c. Establish State funded and managed alternative custody arrangements for individuals who are in custody based on the State’s decision to revoke their parole and/or pending processing after receiving a State prison commitment from the court.

15.Direct Probation, in collaboration with JCOD and the CEO, to identify costs and possible one-time and ongoing funding sources to support and expand JCOD’s re-entry and programming services.

WE, FURTHER MOVE that the Board of Supervisors, reaffirm its commitment to depopulate and decarcerate through legislative advocacy by doing the following:

16.Direct CEO-LAIR to advocate in support of legislative proposals to:
a. End non-safety related towing of vehicles;
b. Enhance implementation of the County’s pre-trial services, including proposals to:
i. Adopt a zero-bail schedule for individuals accused of low-level offenses, infractions, misdemeanors, and some felony offenses, similar to the schedule that was put in place at the height of the COVID pandemic permanent;
ii. Protect information provided by defendants in pre-trial services evaluations, and expand the definition of criminal justice agencies to include pre-trial release, and require the Attorney General of California to provide state summary criminal history information to County staff performing pre-trial release services, similar to Assembly Bill (AB) 2354 (2021);
iii. Direct permanent funding to Los Angeles County for pretrial services, similar to San Francisco and Santa Clara County; and iv. Direct any one-time funding allocated to the County through Senate Bill (SB) 129 for pre-trial services to remain available for future pretrial services; c. Amend the appropriate Government Code and other relevant statutes that would provide the Sheriff and DHS’ Correctional Health Services (CHS) greater ability to implement medical releases from custody (Gov. Code, §26605.5) and compassionate releases from custody (Gov. Code, §26605.6);
d. Mandate both the LASC and LASD to share data with a County Department that is charged with depopulation of the jail and/or administration of pre-trial services and alternatives to incarceration; and e. Provide funding to support reentry (pre- or post-sentenced) programming and services.

WE, FURTHER MOVE, that the Board of Supervisors, in continued efforts to safely depopulate and decarcerate, do the following:

17.Direct CEO-CIO, in collaboration with JCOD, the LASC, Sheriff, PD, APD, DA, DMH, DHS, DPH, Probation, ISAB, and any other pertinent County Department to create a data collection, evaluation, and research team focused on data tracking and modeling of all pre-sentence and sentenced populations, including:
a. The daily real time numbers for all P-levels;
b. Their current status in the judicial process;
c. The predicted date of release;
d. Tracking of all individuals waiting to be transferred to state prison, state hospitals, and any other jurisdiction;
e. The predicted impact on the numbers for all County re-entry interventions and services;
f. The predicted impact on the numbers for all County pretrial, diversion, split sentencing, and alternative sentencing interventions and services (separating the numbers based on impact to jails vs. prison); g. All available beds within the County network; and
h. Real time data as to whether each of those beds are occupied or not on a daily basis, including tracking walk aways from treatment and those who abscond.

18. Direct CEO-CIO, in consultation with JCOD, to engage a consultant and/or academic research institution to develop tools for jail population modeling and projections which will remain in the County’s ownership and control for ongoing, future modeling.

19. Direct CEO-CIO, in collaboration with CEO, to identify costs and possible one-time and ongoing funding sources, to support data tracking and modeling efforts, including funding for JCOD, or County Departments to hire necessary staff.

20. Request that LASD identify pilot alternative assessment tools, other than COMPAS, for purposes of assessing eligibility for discretionary release programs.

21. Request that LASD work with JCOD to expand access to individuals in custody for community-based service providers and individuals with lived experience to provide jail in-reach and other services.

22. Request LASD to identify alternative security classification assessment tools, other than COMPAS, for purposes of identifying individuals who pose a security threat to themselves or others.

23.Direct JCOD to create a catalog of all County programs that impact recidivism rates of justice-impacted and involved individuals and evaluate effectiveness on decarceration and recidivism, including providing recommendations on creating new or expanding existing programs.

24.Direct County Counsel, with JCOD, to assess and provide recommendations to resolve any negative impact of the closures of State prisons on the LA County jail population that would pose challenges, including legal, to the Board’s “care first, jails last” efforts.

25. Direct CEO-CIO, to work with JCOD, County Counsel, and other relevant County Departments and the LASC to establish data sharing agreements so JCOD/JCIT can access data to assist in jail depopulation and administration of alternatives to incarceration.

26.Direct JCOD and LASD to jointly file a report annually in June updating the Board on the use of Penal Code §§1203.016, 1203.017, and 1203.018 early releases, program effectiveness, with data driven analysis, and any recommendations for modifying the program as required by Penal Code §1203.018, subdivision (e).

27.Direct CEO to work with JCOD, in collaboration with County Counsel, to establish a master services agreement contracting model, similar to the one used by the Department of Health Services, to expedite contracting efforts, including to secure housing, supportive services, and case management and further direct CEO to ensure JCOD has the staffing and administrative support to carry out the relevant directives to further the County’s efforts to safely depopulate and decarcerate the jails and in furtherance of JCOD’s mission.

Finally, WE, FURTHER MOVE, that the Board of Supervisors:

28.Direct JCOD and County Counsel to coordinate the reports back for this motion in the following manner:
a. Each department named as lead within the motion directives shall provide JCOD and County Counsel with its report back that includes a timeline of when it will complete the directive(s) it is responsible for, subject to review by JCOD:
i. Within 60 days of this motion, each department named as a lead for a directive(s) shall provide to JCOD its report back, in writing, and if it cannot complete the directive(s) within 60 days, the department must inform JCOD, in writing, at least one week prior to the directive(s) deadline as to why it was not able to complete the directive(s) on time and provide a new deadline. JCOD will include this in its subsequent report backs to the Board;
ii. Within 90 days of this motion, JCOD shall collate only the reports received by the 60-day timeline into one document and submit it to the Board;
iii. After the initial report back, the lead departments for any outstanding directive(s) must work with JCOD and provide JCOD updates every 60 days regarding the directive(s); and
iv. JCOD will provide quarterly reports to the Board based on the updates provided by the departments. These reports will supersede any previous report back responsibilities by JCIT to the Board.
# # #
HLS:el
1 ATTACHMENT 2
Analysis of the 4-4-23 “Decarceration” Motion by the Los Angeles County Board of Supervisors
By James R. Bozajian, Calabasas City Councilmember
April 12, 2023
With respect to the recent “decarceration” motion appearing on the April 4, 2023, agenda of the Los Angeles County Board of Supervisors before being temporarily withdrawn:

The Board of Supervisors failed to solicit meaningful public input prior to introducing its initial decarceration proposal. This continues an unfortunate pattern of conduct by the Board in recent years. By excluding a diverse array of stakeholders from contributing their thoughts to this measure before it was agendized for a formal vote, the Board conveys the unmistakable impression that it does not want to hear from those stakeholders and has already pre-determined specific outcomes. This runs counter to an open and democratic process for making key policy decisions. Before any future proposal is brought forward, the Board must solicit input from a broad range of sources, reflecting a broad range of viewpoints. This should include local elected and appointed officials within Los Angeles County.

In addition to the procedural flaws noted above, the Board’s decarceration proposal contains a number of troubling and ill-conceived substantive elements. These include, but are not limited to, the following.

1. Implementation of the “Emergency Bail Schedule” that was in effect only at the height of the COVID-19 pandemic. This short deviation imposed in 2020 represented a drastic departure from the regular bail schedule, and was only adopted as an emergency measure to avoid the spread of a deadly virus. Absent such a true emergency, this change would simply release large numbers of potentially dangerous criminals back into the general population prior to facing any consequences for the actions which resulted in their arrests.

2. “Legislative advocacy,” which is vaguely defined as support for relaxing criminal penalties by the State Legislature. The Board’s statements along these lines provide few specifics as to what statutory changes would be sought, and do not consider any long-term, negative effects of permanently reducing or eliminating penalties for criminal conduct.

3. Early release of convicted inmates before completion of their statutorily imposed sentences.

4. Expansion of pre-trial release programs for inmates, using electronic supervision.

5. Expansion of pre-trial diversion programs to cover a wider range of criminal offenses never before contemplated.

6. Establishment of a mandatory cite-and-release rule for suspects with bail amounts less than $50,000. This blanket pronouncement ignores the long-standing and well established practice of 2 ATTACHMENT 2
thoughtfully weighing the facts of individual cases in order to properly assess the risks inherent in releasing suspects back into the community prior to final resolution.

7. Zero bail for most warrants and probation violations. These changes would effectively eliminate any incentives for suspects to appear for scheduled court hearings, or for convicted individuals to work toward becoming productive citizens upon release from custody.

Again, this list is not exhaustive and is only outlined here to provide specific examples of some of the many potentially negative repercussions stemming from the Board’s decarceration motion.

Before any reforms along these lines are enacted, the Board must study the impacts to our communities associated with pre-trial recidivism and substantial sentence reductions. Any academic statistical analyses must be derived from neutral sources, using raw data that can be verified and not subject to reasonable debate. In summary, the Board should carefully consider all consequences of enacting uniform mandates that do not assess the gravity of individual offenses committed against those who live, work, or visit Los Angeles County.

City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org K:\City Council Agendas\2023 Agendas\230508\_230508 Word Verisions\Item 6A\Attachment 3_Letter Opposing Depopulation.docx Recycled Paper
April 27, 2023
Honorable Lindsey P. Horvath, Supervisor
Los Angeles County Board of Supervisors
821 Kenneth Hahn Hall of Administration
500 W. Temple St.

Los Angeles, CA 90012
Re: Opposition to Motion to Depopulate and Decarcerate Los Angeles County Jails Dear Supervisor Horvath,
On behalf of the City Council of the City of Malibu, we appreciate your willingness to support pulling your joint motion to “Depopulate and Decarcerate Los Angeles County Jails.” The City of Malibu recognizes the need to address jail overcrowding, especially at Men’s Central Jail and we are sensitive to the County’s responsibility to meet mandates set under various federal consent decrees. The costs and impacts related to these decrees impact all communities in Los Angeles.

However, given the countywide impacts to any changes in our jail system, we believe that all plans to reduce populations in our jails should engage a diversity of stakeholders, including city officials.

City partnerships are critical to implementing any meaningful changes in our jail system because many of the solutions proposed to alleviate the stress on county jails involve program and facility placement in our communities.

Like most communities, public safety is a top priority for the City of Malibu. We hope that you will work with us as you discuss how to move forward with your proposal. We appreciate your consideration of this important issue.

Sincerely,
Mayor Bruce Silverstein
City of Malibu
[email protected]
310-456-2489
ATTACHMENT 3

Page 1 of 2 ends

Agenda Item # 6.B.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: April 18, 2023 Meeting date: May 8, 2023 Subject: Letter in Opposition to Rotating Los Angeles County Sheriff’s Deputies to Other Stations at Least Every Five Years
RECOMMENDED ACTION: Consider authorizing the Mayor to send a letter to Los Angeles County Sheriff, with copies sent to the Civilian Oversight Commission and Los Angeles County Supervisor Lindsey P. Horvath, in opposition to a recommendation to rotate patrol deputies in periodic rotations, no longer than every five years.

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 March 3, 2023, the Los Angeles County Sheriff’s Civilian Oversight Commission approved the Report and Recommendations of the Special Counsel to the Sheriff Civilian Oversight Commission Regarding Deputy Gangs and Deputy Cliques in the Los Angeles County Sheriff’s Department. The Report includes 27 wide-ranging reforms for the Sheriff’s Department including a recommendation to “consider rotating all patrol deputies in periodic rotations, no longer than every five years, or sooner, to another station” (Attachment 1)
While rotating deputies has been useful for breaking up some deputy gangs in the past, the Special Counsel’s report recognizes that it is just one of many options that department leaders can use. The Report also includes a recommendation for the Sheriff to provide a report to the Civilian Oversight Commission on his perception of the viability and likelihood of success of the rotational plan.

City Council Meeting
05-08-23
Item

6.B.

Page 2 of 2 ends

Agenda Item # 6.B.

Moving deputies every five years would have a negative impact on the City of Malibu and all communities. Law enforcement efforts are strengthened by continuity and the relationships that are built within the community. In addition, during a disaster such as the Woolsey Fire, knowledge of the community, the roads and the neighborhoods is critical for an effective response.

Staff recommends that the Council consider directing the Mayor to write a letter to the Los Angeles County Sheriff, the Civilian Oversight Commission and Supervisor Horvath opposing the concept of automatically rotating deputies at least every five years.

ATTACHMENTS:
1) Report and Recommendations of the Special Counsel to the Sheriff Civilian Oversight Commission Regarding Deputy Gangs and Deputy Cliques in the Los Angeles County Sheriff’s Department, Section V., Sub-section C. Re-Deployments and Rotations
2) Draft letter to Sheriff Robert G. Luna

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City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org K:\City Council Agendas\2023 Agendas\230508\_230508 Word Verisions\Item 6B\Letter opposing Deputy Rotation.docx Recycled Paper
April 27, 2023
Sheriff Robert G. Luna
Los Angeles County Sheriff’s Department
211 W. Temple St.

Los Angeles, CA 90012
Re: Opposition to Rotating Deputies to Other Stations Every 5 Years Dear Sheriff Luna,
On behalf of the City Council of the City of Malibu, I am writing to express our opposition to the recommendation approved by the Sheriff’s Civilian Oversight Commission to rotate patrol deputies in periodic rotations, no longer than every five years. While Malibu recognizes and commends the Commission's efforts to address the formation of deputy cliques within the Los Angeles County Sheriff's Department, we believe that this recommendation would have significant negative consequences for the members of our community.

We believe that rotating the deputies currently assigned to the Sheriff’s Malibu/Lost Hills Station will disrupt the strong bonds and relationships that local deputies have built, which have been critical to our Station’s success. By requiring deputies to be reassigned every five years, this recommendation would be depriving our community of experienced and trusted law enforcement personnel with the specific institutional knowledge required to effectively serve the unique and diverse needs of our community.

Rather than disrupt these cherished and successful relationships between the members of our community and our local Malibu/Lost Hills Sheriff’s Station personnel, we are requesting that you consider the other recommendations made in the Report and Recommendations of the Special Counsel to the Sheriff Civilian Oversight Commission Regarding Deputy Gangs and Deputy Cliques in the Los Angeles County Sheriff’s Department. Focusing efforts on the other recommendations listed in the report would promote our shared goals ensuring effective community-based policing, while also supporting initiatives to eliminate the formation of deputy cliques.

In conclusion, the Malibu City Council strongly urges you to reject the recommendation to rotate sheriff deputies at least every five years. We encourage the Sheriff’s Department to focus on other strategies listed in the report that will also eliminate the formation of future deputy cliques, without sacrificing the relationships and expertise that our deputies have built within our community.

ATTACHMENT 2
2 K:\City Council Agendas\2023 Agendas\230508\_230508 Word Verisions\Item 6B\Letter opposing Deputy Rotation.docx Recycled Paper
Sincerely,
Mayor Bruce Silverstein
City of Malibu
[email protected]
310-456-2489
Cc: Los Angeles County Supervisor Lindsey P. Horvath
Los Angeles County Sheriff’s Civilian Oversight Commission

Page 1 of 2 ends

Agenda Item # 6.C.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Acting Community Services Director Approved by: Steve McClary, City Manager
Date prepared: April 24, 2023 Meeting date: May 8, 2023 Subject: Malibu Arts Association Art Show Event Series Fee Waiver RECOMMENDED ACTION: Consider whether to approve the request from the Malibu Arts Association to waive facility use fees, staffing costs, and permit fees for an Art Show event series at Legacy Park.

FISCAL IMPACT: Waiving the facility use and permit fees will result in a loss of revenue of $2,515 for Fiscal Year (FY) 2022-23 in Account Numbers 100-0000-3461-00 (Municipal Facility Use Fees) and 100-0000-3421-00 (Planning Review Fees); and $3,420 for FY 2023-24 in Account Number 100-0000-3461-00 (Municipal Facility Use Fees). The Legacy Park Deed Restrictions permit up to six events at the park per calendar year. These events generate revenue for the City, and waiving these associated fees limits potential revenue.

WORK PLAN: This item was not included in the Adopted Work Plan for FY 2022-23. This project is part of normal staff operations.

DISCUSSION: Council has approved fee waivers for Malibu Arts Association (MAA) to conduct Art Shows at Legacy Park since 2021. MAA has successfully hosted six (6) Art Shows while meeting all City requirements, including the submittal of a Temporary Use Permit (TUP) and a facility rental application. The Art Shows feature six to twelve artists and allow MAA to raise funds for student scholarships and book purchases for the Malibu Library.

Due to the event's success, MAA requests permission to conduct five (5) Art Shows at Legacy Park from May 2023 through September 2023. Due to the Deed Restrictions, the maximum number of allowed events at Legacy Park is six (6). The sixth event is scheduled for December 2023 with a local non-profit organization. MAA has requested the City waive 100% of the fees associated with the event.

City Council Meeting
05-08-23
Item

6.C.

Page 2 of 2 ends

Agenda Item # 6.C.

The fees associated are two (2) days of Art Show event in FY 2022-23 include the following:

The fees for FY 2023-24 include three (3) days of Art Show events with an approximate 5% fee adjustment and include the following:

A TUP is required for the Art Show, and MAA has agreed to adhere to all the associated requirements. The City will use data on file for the certified public notice to property owners within a 500-foot radius of Legacy Park.

ATTACHMENTS: None.

FY 2022-23
Type Non-profit Rate
Facility Use ($870/day) $1,740
Staffing ($225/day) $450
TUP Application $325
Total $2,515
FY 2023-24
Type Non-profit Rate
Facility Use ($906/day) $2,718
Staffing ($234/day) $702
Total $3,420
Council Agenda Report
Mayor Silverstein and the Honorable Members of the City Council Prepared by: Rob Houston, Interim Deputy City Manager
Approved by: Steve McClary, City Manager
Date prepared: April 27, 2023 Meeting date: May 8, 2023 Subject: Clarified Interpretation of Section 17.02.060 of the Malibu Municipal Code & Grant Support for the Malibu Film Society to Fund Free Membership / Admission by Malibu Residents (Mayor Silverstein and Councilmember Grisanti)
RECOMMENDED ACTION: At the request of Mayor Silverstein and Councilmember G risanti,

2. Ask the City Council to approve a grant of $85,000 to the Malibu Film Society (the “MFS”) to offset (i) a forecasted deficit of approximately $75,000 during the 2023- 24 season resulting from providing membership and admission to film screenings and other events to Malibu residents free of charge, and (ii) approximately $10,000 to establish a web-based system for registering and confirming tree membership for Malibu residents who wish to avail themselves to that opportunity that is being facilitated by the City; and

Page 1 of 4 ends

To:

City Council Meeting
05-08-23
Item

7.A
Agenda Item # 7.A.

FISCAL IMPACT: There is an initial fiscal impact of $85,000 associated with the recommended action. Should the County approve Library Set-Aside funds as requested, the City will receive $85,000 to offset the initial City Grant provided. It is anticipated the cost for future years will be $75,000, which it is hoped will be offset through the use of Library Set-Aside funds.

WORK PLAN: This item is not on the adopted workplan.

DISCUSSION:

Supporting community events for Malibu residents is an important part of the City of Malibu’s services. Permitting the use of religious facilities within Malibu to host some of these events allows for a greater diversity of events to be supported within the community.

The MFS was founded in Malibu to provide educational and entertaining opportunities to help form community bonds. The MFS has historically operated in Malibu, with film screenings and other events at the Malibu Jewish Center & Synagogue (the “MJC&S”), among other locations. It was historically believed that such use of the MJC&S was permissible without a Temporary Use Permit (a “TUP”). At some point in time, however, the MJC&S became unavailable for use by the MFS (at least temporarily), the Malibu Pacific Church (the “MPC”) offered its facilities for use by the MFS, and the Planning Director determined that such use of the MPC required a TUP. The Planning Director’s determination also would have pertained to the use of the MJC&S by the MFS and will apply to such use if it were to be proposed in the future.

Section 17.68.040 of the MMC provides that a TUP is required for “[i]ndoor and outdoor entertainment and assembly events, including, but not limited to, weddings, fund-raisers, retreats, fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as: auditoriums, stadiums or other public assembly facilities, or private clubhouse facilities not associated with public cultural or recreational facilities.” The Planning Director has determined that a TUP is required for the MFS to use the MPC, MJC&S or other religious facilities, because such facilities do not qualify as “premises designed to accommodate such events” within the meaning of Section

17.68.040 of the MMC.

Separate and apart from Section 17.68.040 of the MMC, Section 17.02.060 of the MMC defines “religious facilities” as “churches, temples, or other places used exclusively for religious worship, including customary incidental educational, residential and social activities in conjunction therewith.” The MPC and MJC&S are, without question, “religious facilities” within the meaning of Section 17.02.060 of the MMC. As such, use of the MPC, MJC&S, or other religious facilities by the MFS is permissible if such use is one of many “customary incidental educational, residential and social activities” in conjunction with the use of religious facilities for worship. Mayor Silverstein and Councilmember Grisanti Page2of4
Agenda Item # 7.A.
believe that “incidental educational and social activities” of religious facilities include gatherings or events that include the following characteristics. (i) Are organized by a certified 501 (c)3 non-profit organization that is based in Malibu and/or regularly operating in Malibu, and which is current on all state and federal non-profit filings, and no revenue from any source outside the scope of its stated mission and/or any revenue that exceeds the actual cost of providing goods and services within the scope of its stated mission, (ii) Are open to the public without restriction (other than space limitations), (iii) Are free to the public — or, at least, to the full-time residents of Malibu (i.e., the local community), and
(iv) Either (x) do not involve attendance of more than 50 participants or last more than 2 hours in duration, or (y) do not occur with greater frequency than 182 days per year at a given religious facility (which includes the entire property without regard to the number of rooms or other locations available to host a gathering) if they involve more than 50 participants and last more than 2 hours in duration.

If the City Council agrees with this interpretation, it will facilitate the ability of the MFS to screen films and conduct associated events within the City of Malibu and will provide an opportunity for members of the community to interact and engage with one another in an entertaining and educational setting that is free of charge. The interpretation also will facilitate a broad array of other community-serving gatherings and events at religious facilities, provided that they meet the criteria of the interpretation. Mayor Silverstein has discussed this interpretation with the Planning Director, and he has indicated that he believes the interpretation to be a reasonable one and one that the staff can follow and enforce.

In order to provide the foregoing services to Malibu residents free of charge at religious facilities in Malibu, the MFS anticipates that it will operate at a deficit of approximately $75,000 during the 2023-24 season. Additionally, the MFS anticipates that it will require financial support of approximately $10,000 to establish a web-based system for registering and confirming free membership for Malibu residents who wish to avail themselves to that opportunity that is being facilitated by the City. Accordingly, Mayor Silverstein and Councilmember Grisanti are requesting an initial grant to the MFS of $85,000, which amount will be accounted for by the MFS, with any unused amount to be refunded to the City and any additional amount that may be required to be favorably looked upon by the City Council. The MFS will identify the City of Malibu as an underwriter of the MFS for the purpose of offering free admission to Malibu residents at screenings and events held at religious facilities in Malibu and the MFS will publicize that relationship as MFS deems appropriate. The request also includes that the City cover the cost of relocating the MFS

Page 3 of 4 ends

Agenda Item # 7.A.
from the MPC if the City should, in the future, terminate the proposed underwriting relationship or take some other action that may require the MFS to vacate the MPC. The MFS will set-aside and guarantee no less than 50 seats for each event for Malibu residents at the MPC or other religious facility within Malibu before offering those seats to others.

Because the MFS screenings and events provide educational and entertaining opportunities for community engagement, the City Council Library Subcommiffee has considered the recommended use of available Library Set Aside Funds and is in support of requesting $85,000 for MFS from the County to support the MFS, so long as the MFS provides appropriate underwriting or sponsorship credit to the Malibu Library, and provides appropriate promotion of Library membership and the benefits thereof. The City Council may approve the recommended expenditures or make adjustments to the amounts recommended. The County will review any requests for new uses of Library set aside funds to determine if they approve use of those funds for the requested purpose.

Page 4 of 4 ends

Agenda Item # 7.A.

Malibu City CouncilMay 8, 2023

Malibu City Council
May 8, 2023