Agenda packet, first session — Malibu City Council, July 10, 2023 (part 1 of 2)

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

Meeting Agenda
CC230710_AGENDA.PDF
Item 3A1
Second Reading and Adoption of Ordinance No. 508
CC230710_ITEM 3A1.PDF
Item 3B2
Approve Warrants
CC230710_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC230710_ITEM 3B3.PDF
Item 3B4
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
CC230710_ITEM 3B4.PDF
Item 3B5
Grant Writing Services Agreement with Townsend Public Affairs Inc.

CC230710_ITEM 3B5.PDF
Item 3B6
Los Angeles County Measure R Transportation Funding Agreement Amendment

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. CC230710_ITEM 3B5.PDF
Item 3B6
Los Angeles County Measure R Transportation Funding Agreement Amendment CC230710_ITEM 3B6.PDF
Item 3B7
Amendment to Professional Services Agreement for On-Call Land Surveying Services CC230710_ITEM 3B7.PDF
Item 3B8
Amendment to Professional Services Agreement for On-Call Traffic Engineering Services CC230710_ITEM 3B8.PDF
Item 3B9
Amendment to Professional Services Agreements for On-Call Civil Engineering Services CC230710_ITEM 3B9.PDF
Item 3B10
Amendment to Professional Services Agreement with Woodard and Curran CC230710_ITEM 3B10.PDF
Item 3B11
Professional Services Agreements for On-Call Publishing, Printing, and Mailing Services CC230710_ITEM 3B11.PDF
Item 3B12
Professional Services Agreement with American Global Security, Inc.

CC230710_ITEM 3B12.PDF
Item 3B13
Documents:

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:

14. CC230710_ITEM 3B12.PDF
Item 3B13
Resolution Extending the Declaration of the COVID-19 Local Emergency CC230710_ITEM 3B13.PDF
Item 3B14
Annual Progress Report Regarding the Implementation of the City’s Housing Element CC230710_ITEM 3B14.PDF
Item 5A
Consider Adoption of a Policy Interpreting the Use of Pesticides as Development CC230710_ITEM 5A.PDF
Item 6A
Update Regarding Local Coastal Program Amendment No. 21-002 (Malibu Middle and High School Campus Specific Plan)
CC230710_ITEM 6A.PDF
Item 6B
Amendment No. 1 to the Employment Agreement for City Manager Services between the City of Malibu and Steven L. McClary
CC230710_ITEM 6B.PDF
Documents:

14. Documents:

15. Documents:

16. Documents:

17. Documents:

18. Documents:

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

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.

HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker.

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 a 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.

Malibu City Council
Regular Meeting Agenda
Monday, July 10, 2023
5:30 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/82894017368
Five-thirty p.m. Convene for Purpose of Closed Session
Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items

City Council Regular Meeting Agenda Page - 2 - July 10, 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 Section 54956.9(d)(1), 54956.9(d)(2). Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.

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

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD Conference with Legal Counsel – Anticipated Litigation

1. Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Development Agreement between the City of Malibu and La Paz Ranch, LLC, regarding the property located at 23465 Civic Center Way
Number of potential cases: (1)
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Session Report
Report on Posting of Agenda – June 30, 2023
Approval of Agenda

1. Ceremonial/Presentations
A. Community Services Department Update

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

City Council Regular Meeting Agenda Page - 3 - July 10, 2023

3. Consent Calendar

A. Previously Discussed Items

1. Second Reading and Adoption of Ordinance No. 508
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 508, an ordinance of the City of Malibu amending Local Coastal Program Amendment (LCPA) No. 16-006 as adopted by Ordinance No. 491 pursuant to the conditional certification action taken by the California Coastal Commission on February 8, 2023 in order to obtain final certification of the submitted LCPA application to amend the Local Coastal Program Land Use Map to revise the zoning designation from Commercial General to Commercial Visitor Serving-2, amend the Local Implementation Plan and to create a new Sea View Hotel Overlay District with associated development standards, including the proposed floor area ratio of 0.52 for the public benefits provided by the project for 22741 and 22729 Pacific Coast Highway, and finding the action to require no further environmental review and/or to be exempt from such review under the California environmental quality act
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 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 69552-69691 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. 728 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,111,024.20. City of Malibu payroll check number 5353-5355 and ACH deposits were issued in the amount of $280,123.88.

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

3. Approval of Minutes
Recommended Action: Approve the minutes for the May 9, 2022 Malibu City Council Regular meeting, May 23, 2022 Malibu City Council Regular meeting, and May 27, 2022 Malibu City Council Special meeting.

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

City Council Regular Meeting Agenda Page - 4 - July 10, 2023

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

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

5. Grant Writing Services Agreement with Townsend Public Affairs Inc.

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Townsend Public Affairs Inc. for grant writing services.

Staff Contact: Interim Deputy City Manager Houston, 456-2489, ext. 254

6. Los Angeles County Measure R Transportation Funding Agreement Amendment Recommended Action: Authorize the Mayor to execute the Los Angeles County Measure R Funding Agreement Amendment for the Pacific Coast Highway Median Improvements Project.

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

7. Amendment to Professional Services Agreement for On-Call Land Surveying Services Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with MNS Engineers, Inc. for On-Call Land Surveying Services to extend the term of the existing agreement for one-year and update the rates.

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

8. Amendment to Professional Services Agreement for On-Call Traffic Engineering Services Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Kimley Horn & Associates, Inc. for On-Call Traffic Engineering Services to extend the term of the existing agreement for one-year and update the rates.

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

9. Amendment to Professional Services Agreements for On-Call Civil Engineering Services Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Kimley Horn & Associates, Inc. and Amendment No. 1 to Professional Services Agreement with Kasraie Consulting for On-Call Civil Engineering Services to extend the term of the existing agreements for one-year and update the rates.

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

City Council Regular Meeting Agenda Page - 5 - July 10, 2023

10. Amendment to Professional Services Agreement with Woodard and Curran Recommended Action: Authorize the Mayor to execute Amendment No. 4 to the Professional Services Agreement with Woodard and Curran to allow for a two-year extension of the existing agreement through August 12, 2025, for engineering design services of the Civic Center Water Treatment Facility Phase Two.

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

11. Professional Services Agreements for On-Call Publishing, Printing, and Mailing Services Recommended Action: 1) Authorize the Mayor to execute an agreement with CR Print, Inc. for publishing, printing and mailing services; and 2) Authorize the Mayor to execute an agreement with Totalgraphics for on-call sign and banner printing services.

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

12. Professional Services Agreement with American Global Security, Inc.

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with American Global Security, Inc. for professional park security services at City parks, special events, and facility rentals.

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

13. Resolution Extending the Declaration of the COVID-19 Local Emergency Recommended Action: Adopt Resolution No. 23-36 extending the declaration of the existence of a local emergency.

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

14. Annual Progress Report Regarding the Implementation of the City’s Housing Element Recommended Action: Approve the 2022 Annual Housing Element Progress Report.

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

4. Ordinances and Public Hearings
None.

City Council Regular Meeting Agenda Page - 6 - July 10, 2023

5. Old Business
A. Consider Adoption of a Policy Interpreting the Use of Pesticides as Development Recommended Action: Consider the adoption of the attached draft Council Interpretation regarding the Council’s interpretation of the use of pesticides pursuant to Local Coastal Program (LCP) Land Use Policy Policy 3.18 as “development” in the LCP Local Implementation Plan.

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

6. New Business
A. Update Regarding Local Coastal Program Amendment No. 21-002 (Malibu Middle and High School Campus Specific Plan)
Recommended Action: 1) Receive an update on the Malibu Middle and High School (MMHS) Campus Specific Plan; 2) Review the California Coastal Commission’s (CCC’s) staff request for a one-year time extension to act on the MMHS Campus Specific Plan Local Coastal Program Amendment (LCPA) (LCPA No. LCP-4-MAL-22-043-1); and 3) Direct City staff to submit a letter to the CCC opposing the one-year extension and for the CCC to direct its staff to prioritize the MMHS Campus Specific Plan for consideration during the September 2023 CCC hearing.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 B. Amendment No. 1 to the Employment Agreement for City Manager Services between the City of Malibu and Steven L. McClary
Recommended Action: Approve the Amendment to the June 13, 2022, City Manager Employment Agreement.

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

7. Council Items
None.

Adjournment
Future Meetings
Monday, July 24, 2023 CANCELLED
Monday, August 14, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, August 28, 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 City Council Regular Meeting Agenda Page - 7 - July 10, 2023 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. 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 person participants may surrender their time by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.

Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. These items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.

Items in Consent Calendar Section B have not been discussed previously by the Council. If discussion is desired, an item may be removed from the Consent Calendar for individual consideration. Councilmembers may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the entire Consent Calendar. Items excluded from the Consent Calendar will be taken up by the Council following the action on the Consent Calendar. The Council first will take up the items for which public speaker requests have been submitted.

Public speakers shall follow the rules as set forth under Oral Communication For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. All other testimony shall follow the rules as set forth under Oral Communication.

Old Business items have appeared on previous agendas but have either been continued or tabled to this meeting with no final action having been taken. Public comment shall follow the rules as set forth under Oral Communication.

Items in New Business are items, which are appearing for the first time for formal action. Public comment shall follow the rules as set forth under Oral Communication.

City Council Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.

No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.

City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].

Requests to show an audio or video presentation during a Council meeting should be directed to Alex Montano at (310) 456-2489, ext. 227 or [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.

City Council Regular Meeting Agenda Page - 8 - July 10, 2023 I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 30th day of June 2023 at 4:15 p.m.

Kelsey Pettijohn, City Clerk

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Agenda Item # 3.A.1.

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: June 28, 2023 Meeting date: July 10, 2023 Subject: Second Reading and Adoption of Ordinance No. 508 RECOMMENDED ACTION: Conduct second reading, unless waived, and adopt Ordinance No. 508, an ordinance of the City of Malibu amending Local Coastal Program Amendment (LCPA) No. 16-006 as adopted by Ordinance No. 491 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 in order to obtain final certification of the submitted LCPA application to amend the Local Coastal Program Land Use Map to revise the zoning designation from Commercial General to Commercial Visitor Serving-2, amend the Local Implementation Plan (LIP) and to create a new Sea View Hotel Overlay District with associated development standards, including the proposed floor area ratio of 0.52 for the public benefits provided by the project for 22741 and 22729 Pacific Coast Highway, and finding the action to require no further environmental review and/or to be exempt from such review under the California environmental quality act.

FISCAL IMPACT: As described in the Council’s September 13, 2021, staff report, the applicant for LCPA No. 16-006 and associated Coastal Development Permit (CDP) No. 17-086 would contribute a fee of $110,000, in-lieu of providing six lower cost accommodations. The City would be able to transfer these funds to a public agency, non-profit organization, or private entity after entering a Memorandum of Understanding or other contractual agreement that requires use of the funds for construction of lower cost overnight visitor accommodations in the Malibu/Santa Monica Mountains coastal zone area of Los Angeles County or Ventura County and which requires that the accommodations remain lower cost. However, the transfer of funds is not required, and the funds could be deposited into the General Fund Undesignated Reserve. In addition to the LCPA and CDP, associated Development Agreement No. 21-001 stipulated that the applicant would also contribute $800,000 to the City for public benefits at the time the construction permits are issued for the associated project. Pursuant to General Plan City Council Meeting
07-10-23
Item

3.A.1.

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Agenda Item # 3.A.1.

Section 1.5.0, public benefits shall include physical improvements dedicated and reserved for public use, including, but not limited to, open space, wetlands, trails and walkways, parks, athletic fields, and civic or public buildings (such as senior centers, youth facilities, city hall, etc.). These funds would total $910,000 and must be deposited into a General Fund Designated Reserve for a public benefit purpose. In 2021, the applicant forecasted that the project would generate over $1.0 million in Transient Occupancy Tax revenue annually; however, this projection was not confirmed by staff at the time as nightly room rates or the occupancy projections were unknown.

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

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

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

This project is part of normal staff operations. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: On June 26, 2023, the Council introduced on first reading Ordinance No. 508.

ATTACHMENT: Ordinance No. 508
Attachment 1
ORDINANCE NO. 508

AN ORDINANCE OF THE CITY OF MALIBU AMENDING LOCAL
COASTAL PROGRAM AMENDMENT NO. 16-006 AS ADOPTED BY
ORDINANCE NO. 491 PURSUANT TO THE CONDITIONAL

CERTIFICATION ACTION TAKEN BY THE CALIFORNIA COASTAL
COMMISSION ON FEBRUARY 8, 2023 IN ORDER TO OBTAIN FINAL

CERTIFICATION OF THE SUBMITTED LOCAL COASTAL PROGRAM

AMENDMENT APPLICATION TO AMEND THE LOCAL COASTAL

PROGRAM LAND USE MAP TO REVISE THE ZONING DESIGNATION
FROM COMMERCIAL GENERAL TO COMMERCIAL VISITOR SERVING2, AMEND THE LOCAL IMPLEMENTATION PLAN AND TO CREATE A

NEW SEAVIEW HOTEL OVERLAY DISTRICT WITH ASSOCIATED

DEVELOPMENT STANDARDS, INCLUDING THE PROPOSED FLOOR
AREA RATIO OF 0.52 FOR THE PUBLIC BENEFITS PROVIDED BY THE PROJECT FOR 22741 AND 22729 PACIFIC COAST HIGHWAY (GREY GRANITE, LLC; LAS TUNAS BEACH, LLC; AND SEA VIEW TERRACE, LLC); AND FINDING THE ACTION TO REQUIRE NO FURTHER

ENVIRONMENTAL REVIEW AND/OR TO BE EXEMPT FROM SUCH

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Findings.

A. On September 13, 2021, the City Council adopted Ordinance No. 491 approving Local Coastal Program (LCP) Amendment No. 16-006, Zoning Map Amendment No. 17-002, Zoning Text Amendment No. 20-001, and Development Agreement No. 21-001 to amend the LCP Land Use Map and Malibu Municipal Code (MMC) Zoning Map to revise the zoning designation from Commercial General to Commercial Visitor Serving-2, amend the LCP Local Implementation Plan (LIP) and MMC and to create a new Seaview Hotel Overlay District with associated development standards, including the proposed floor area ratio of 0.52 for the public benefits provided by the project for 22741 and 22729 Pacific Coast Highway (PCH).

B. On February 8, 2023, the California Coastal Commission (CCC) took action to conditionally certify the City’s LCP Amendment for Ordinance No. 491, with amendments (CCC LCPA No. LCP-4-MAL-21-0073-2).

C. On April 24, 2023, the City Council received a status update regarding the LCPA, reviewed the CCC’s amendments for conditional certification and considered staff’s requests to either prepare an ordinance to accept the modified LCPA or prepare a resolution to withdraw the City’s submitted LCPA with the City Council’s stated findings. The City Council took no action and directed staff to work with the applicant for the Seaview Hotel LCP Amendment and the CCC to see if action could be taken that would potentially make the LCP Amendment acceptable to the City Council.

Ordinance No. 508

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D. On May 22, 2023, the City Council made a motion to bring back the LCP Amendment to receive a report on the status and provide the City Council an opportunity to provide direction.

E. On June 12, 2023, the City Council received a status update regarding the LCP Amendment and directed staff to prepare an ordinance accepting the modified LCP Amendment.

F. On June 15, 2023, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu indicating that the City Council would hold a public hearing on June 26, 2023 to consider the proposed Ordinance amending LCP Amendment No. 16-006 (Exhibits A, B and C) as adopted by Ordinance No. 491 pursuant to the conditional certification action taken by the CCC on February 8, 2023 in order to obtain final certification of LCP Amendment No. 16-006.

G. On June 26, 2023, the City Council held a duly noticed public hearing on the proposed Ordinance amending LCP Amendment No. 16-006 (Exhibits A, B and C) as adopted by Ordinance No. 491, reviewed and considered written reports, public testimony, and related information. In addition, the Council introduced on first reading and adopted the Ordinance.

SECTION 2. Environmental Review.

The City Council has analyzed the amended LCPA herein and makes the following findings. Pursuant to Public Resources Code Section 21080.9, the California Environmental Quality Act (CEQA) does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCP Amendment. This application is for an amendment to the LCP, which must be certified by the CCC before it takes effect. On February 8, 2023, the CCC took action to conditionally certify the City’s LCP Amendment as previously adopted by Ordinance No. 491, with amendments (CCC LCPA No. LCP-4-MAL-21-0073-2). The City Council has analyzed the amendments and finds that the activities and approvals are necessary by the City for the adoption of the LCP Amendment in order to obtain final certification of the LCP Amendment by the CCC.

Further, the proposed City Council actions, including without limitation, direction to prepare an Ordinance was adequately covered in Initial Study (IS) No. 21-001 and Mitigated Negative Declaration (MND) No. 21-001 for the Sea View Hotel (SCH #2012041087), adopted by the City Council on September 13, 2021 (Resolution No. 21-45). The proposed City Council actions are not a separate “project” for CEQA purposes but rather a subsequent discretionary action related to a previously approved project (CEQA Guidelines § 15378(c)). Additionally, pursuant to CEQA Guidelines Section 15162, and based on the review of the entire record, including without limitation, the IS/MND, the City Council finds that the proposed actions do not require further environmental review as: 1) no substantial changes are proposed to the project and no substantial changes have occurred that require major revisions to the IS/MND due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that shows the project will have one or more significant effects not discussed in the IS/MND. Pursuant to CEQA Guidelines §15162(b), the City Council finds and recommends that no further analysis or Ordinance No. 508

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__________________
environmental documentation is necessary. Accordingly, the proposed City Council actions are merely a step toward furtherance of the original project for which environmental review was performed, no supplemental or subsequent CEQA has been triggered, and no further environmental review is required.

SECTION 3. Acknowledgement of CCC’s Resolution of Certification and Findings.

The City of Malibu hereby acknowledges receipt of the CCC’s Resolution of Certification of City of Malibu LCP Amendment No. LCP-4-MAL-21-0073-2 (Sea View Hotel Project), including suggested modifications therein.

The City Council concurs with the CCC’s finding that the LCP Amendment, as modified, will accommodate a hotel use in a manner that protects coastal resources, ensures internal consistency with the City’s certified LCP and is consistent with, and will carry out, the policies of the City’s certified LCP Land Use Plan (LUP).

SECTION 4. LCP Amendments.

A. That the title of LIP Section 3.4.6 (Sea View Hotel Overlay District) (Exhibit A) be modified as follows, which amends the proposed regulations included in Ordinance No. 491, as recommended by the CCC:

3.4.6 Sea View Hotel Overlay District (22729 Pacific Coast Highway/APN 4452-022-010 and 22741 Pacific Coast Highway/APN 4452-022-017)
B. That Subsections B and C of LIP Section 3.4.6 (Exhibit A) be modified as follows, which amends the proposed regulations included in Ordinance No. 491, as recommended by the CCC:

No changes to Subsection A.

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

C. Applicability. The Commercial Development Standards contained in LIP Section 3.8, as well as other applicable certified LCP policies and provision shall apply, unless specifically modified by this section.

C. That Subsection D of LIP Section 3.4.6 (Sea View Hotel Overlay District) (Exhibit A) be modified as follows, which amends the proposed regulations included in Ordinance No. 491, as recommended by the CCC:

Ordinance No. 508

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

D. That the following new subsection be added to LIP Section 3.4.6 (Sea View Hotel Overlay District) (Exhibit A), which amends the proposed regulations included in Ordinance No. 491, as recommended by the CCC:

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

E. That Subsection E of LIP Section 3.4.6 (Sea View Hotel Overlay District) (Exhibit A) be modified as follows, which amends the proposed regulations included in Ordinance No. 491, as recommended by the CCC:

F. Development Standards.

YARDS/SETBACKS No changes

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

SITE DEVELOPMENT CRITERIA
Maximum Floor Area Ratio (F.A.R.) No changes
Ordinance No. 508

Page 5 of 9 ends

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

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

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

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

HEIGHT
Maximum Height Projections The provisions of LIP Section 3.8(A)(1) shall not apply.

The Sea View Hotel height requirements are as follow:
• New structures which have sloping roofs that slope
less than 25% shall be no higher than 24 feet
above the natural grade or finished grade,
whichever results in a lower building height,
excluding basements.
• New structures which have sloping roofs that slope
25%, or more, shall be no higher than 28 feet above
the natural grade or finished grade, whichever
results in a lower building height, excluding
basements. Areas such as elevator shafts in order to
comply with ADA laws, the wooden deck above the
existing tile rooftop deck, the fire exit stairs required by the Fire Department, the safety railing around
the decks, and the sound wall as described in the
Mitigated Negative Declaration are excluded from
the referenced height restrictions. Seven-foot
overhangs to eliminate sun from hitting south facing
windows are excluded from the height standards.

Ordinance No. 508

Page 6 of 9 ends

__________________

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

Parking Location No changes
Layout and Paving The provisions of LIP Section 3.14.5 are modified or shall not apply as follows:
• The provision of LIP Section 3.14.5(D)(5) shall not
apply. Tire stops are not required for valet parking spaces. • The provisions of LIP Sections 3.14.5(C) and (E) shall not apply.

MONUMENT SIGN AND GENERAL SIGN REQUIREMENTS
The provisions of LIP Section 3.15.6 are modified or
shall not apply as follows:
• The provisions of LIP Section 3.15.6(A)(2)(d)(iii)
shall not apply.
• Two signs shall be permitted, each sign shall be a
maximum of 48 square feet, and a maximum height
of 6 feet, excluding the base area supporting the
sign. One monument sign and one building sign
shall be permitted.
• One address monument sign shall be permitted up
to a maximum of 16 square feet, excluding the base
area supporting the sign. There shall be no
setbacks required from rights of way or property
lines for monument signs.

Ordinance No. 508

Page 7 of 9 ends

__________________
F. That Subsection F of LIP Section 3.4.6 (Sea View Hotel Overlay District) (Exhibit A) be modified as follows, which amends the proposed regulations included in Ordinance No. 491, as recommended by the CCC:

G. PERMITTED USES
The following permitted, conditionally permitted, and prohibited uses shall apply to the Sea View Hotel Overlay District. Permitted and conditionally permitted uses that are a component of the hotel development are subject to the custom development standards of this Sea View Hotel Overlay District. Permitted or conditionally permitted uses that are not a component of the hotel development are subject to all applicable policies and provisions of the certified LCP, including the Commercial Development Standards in LIP Section 3.8. a. Permitted Uses: The uses and structures permitted within Sea View Hotel Overlay District are as follows:
i. All uses permitted in the Commercial Visitor Serving-2, (CV-2), land use zoning district, as specified in the LCP.
ii. Restaurants that are open to the general public.

No changes to iii. through xiv.

No changes to Subsection b.
c. Conditionally Permitted Uses. The following uses may be permitted subject to additionally obtaining a Conditional Use Permit in accordance with the requirements of the MMC:
i. All conditionally permitted uses in the Commercial Visitor Serving-2, (CV-2), land use zoning district, as specified in the LCP.

No changes to ii through x.

G. That the LIP Zoning Map (Exhibit B) be modified as follows, which amends the proposed regulations included in Ordinance No. 491, as recommended by the CCC:

Depict the Sea View Hotel Overlay District site as two parcels and add corresponding addresses and assessor parcel numbers (22729 Pacific Coast Highway/APN 4452-022-010 and 22741 Pacific Coast Highway/APN 4452-022-017).

H. That the Sea View Hotel Overlay District Map (Exhibit B) be modified as follows, which amends the proposed regulations included in Ordinance No. 491, as recommended by the CCC:

Ordinance No. 508

Page 8 of 9 ends

__________________
Depict the Sea View Hotel Overlay District site as two parcels and add corresponding addresses and assessor parcel numbers (22729 Pacific Coast Highway/APN 4452-022-010 and 22741 Pacific Coast Highway/APN 4452-022-017) to differentiate which parcels are subject to the Sea View Hotel Overlay District.

SECTION 5. Submittal to California Coastal Commission.

The City Council hereby directs staff to submit the Ordinance modifying Ordinance No. 491 to the CCC in order to obtain final certification of the Sea View Hotel LCP Amendment.

SECTION 6. Effective Date.

Upon adoption, the Ordinance will be submitted to the CCC for certification as an LCP Amendment. The Ordinance will take effect and be in force on the date that the CCC takes action to unconditionally certify the LCP Amendment.

SECTION 6. Severability.

If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of this Ordinance shall be and shall remain in full force and effect, valid, and enforceable.

SECTION 7. Certification.

The City Clerk shall certify the passage and adoption of this Ordinance and enter it into the book of original ordinances.

PASSED, APPROVED AND ADOPTED this ___ day of June, 2023. ____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _______________________
Ordinance No. 508

Page 9 of 9 ends

__________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
WARRANT REGISTER NO. 728
On July 10, 2023, the Malibu City Council allowed and approved warrant demand numbers 69552-69691 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 $2,111,024.20. City of Malibu payroll check numbers 5353-5355 and ACH deposits were issued in the amount of $280,123.88.

PASSED, APPROVED and ADOPTED this 10th day of July 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 $2,391,148.08. 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 29th day of June 2023, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
07-10-23
Item

3.B.2.

DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Accounts Payable
User:

Printed:
sflores
6/28/2023 9:46 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
69552 13STARS 13 Stars 06/19/2023 536.00
69553 ACCOUNTE OfficeTeam A Robert Half Company 06/19/2023 4,970.00 69554 ADVANTAN MAP Communications, Inc. 06/19/2023 276.64 69555 ALWAYSAD Always Advancing Manufacturing And Promotions LLC 06/19/2023 765.00 69556 AMTECH Pacific Coast Elevator Corp. 06/19/2023 4,000.00 69557 CIVICSO Civic Solutions, Inc 06/19/2023 35,377.50 69558 CJBIOMON Courtney Jean McCammon 06/19/2023 23,738.00 69559 COASTALW Joseph D Smith 06/19/2023 30,044.00
69560 COTTON Cotton,Shires & Associates,Inc 06/19/2023 5,224.50 69561 CRPRINT CR PRINT 06/19/2023 794.21
69562 DEPTTRA State of California Department of Transportation 06/19/2023 10,511.02 69563 EXCELOFF Excel Office Services 06/19/2023 11,465.09 69564 FEDEXP FedEx 06/19/2023 38.70
69565 FRONTIER Frontier California Inc 06/19/2023 2,922.30 69566 GIINDUS G.I. Industries 06/19/2023 1,040.59
69567 GOVCONN GovConnection Inc 06/19/2023 1,596.80
69568 GOVERNF Governmental Financial Service 06/19/2023 1,960.00 69569 iRIS Lorrie Feinberg 06/19/2023 5,167.50
69570 JLEEENG JLee Engineering, Inc. 06/19/2023 14,960.00 69571 KIMLEY Kimley-Horn and Associates Inc 06/19/2023 36,803.70 69572 KIRKCART LaTanya KirkCarter 06/19/2023 5,400.00
69573 LACOCLE LA County Registrar-Recorder LA Co Clerk 06/19/2023 75.00 69574 LACOWAT LA Co MalibuTreasurer-Waterworks 06/19/2023 226.85 69575 Lance Lance, Soll & Lunghard, LLP 06/19/2023 9,329.00 69576 MALIGLA Malibu Glass and Mirror, Inc 06/19/2023 10,991.95 69577 MONSIDO Monsido, LLC 06/19/2023 11,790.00
69578 NEXTIVA Nextiva, Inc. 06/19/2023 189.46
69579 REMOTESA Remote Satellite Systems Int'l 06/19/2023 255.80 69580 RINCONC Rincon Consultants, Inc 06/19/2023 8,071.37 69581 ROBLES Leslie Robbins 06/19/2023 256.25
69582 SAFEGUAR Safeguard Business Systems, Inc. 06/19/2023 946.75 69583 SCEDISO Southern California Edison Company 06/19/2023 16.30 69584 SOLIDWA Solid Waste Solutions, Inc. 06/19/2023 5,409.50 69585 STAPLES Staples Contract & Commercial LLC 06/19/2023 485.21 69586 USLABS Bureau Veritas North America, Inc. 06/19/2023 1,732.26 69587 VIAWEST Flexential Colorado Corp 06/19/2023 980.78 69588 YUNEX Siemens Mobility. Inc. 06/19/2023 418.50
69589 13STARS 13 Stars 06/28/2023 3,752.00
69590 4LEAF 4LEAF, Inc 06/28/2023 21,968.78
69591 ACCOUNTE OfficeTeam A Robert Half Company 06/28/2023 2,800.00 69592 AMERGUAR American Guard Services, Inc 06/28/2023 11,837.54 69593 ANAWALT Anawalt Lumber Co., Inc 06/28/2023 505.93 69594 ANDSOL Solishia Andico 06/28/2023 25.70
69595 ANDYGUMP Andy Gump, Inc. 06/28/2023 106.22
69596 APPLE AppleOne 06/28/2023 2,503.14
69597 BADMET Badger Meter, Inc. 06/28/2023 39.16
69598 BASBAL Baldip Basraon 06/28/2023 100.00
AP Checks by Date - Summary by Check Number (6/28/2023 9:46 AM) Page 1 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Check No Vendor No Vendor Name Check Date Check Amount
69599 BBK Best Best & Krieger LLP 06/28/2023 64,923.20
69600 BREAKSPO Breakthrough Sports, LLC 06/28/2023 1,442.00 69601 BRIOLI Olive Brinkmann 06/28/2023 440.00
69602 BURNS Burns Pacific Construction Inc 06/28/2023 258,061.02 69603 CALLMC Mary Catherine Callaghan 06/28/2023 175.00 69604 CASGAY Gaylene Cascione 06/28/2023 2,842.00
69605 CDTFA California Department of Tax & Fee Administration 06/28/2023 4,027.51 69606 CHAMPCAM Champ Camp LLC 06/28/2023 1,890.00
69607 CLAVAN Vanessa Clarke 06/28/2023 150.00
69608 CONEJOA Conejo Awards 06/28/2023 417.83
69609 COTTON Cotton,Shires & Associates,Inc 06/28/2023 95,846.50 69610 CRASSOC Chen Ryan Associates, Inc. 06/28/2023 3,938.30 69611 CREATE Jemma S. Wildermuth 06/28/2023 490.00
69612 CRPRINT CR PRINT 06/28/2023 7,630.14
69613 CSGCON CSG Consultants, Inc. 06/28/2023 40,402.50 69614 DAPEERR Dapeer Rosenblit & Litvak LLP 06/28/2023 2,697.80 69615 DEPTINDU Department of Industrial Relations 06/28/2023 350.00 69616 DIRECT DirecTV, Inc. 06/28/2023 102.25
69617 EFTMED EFT Media Productions LLC 06/28/2023 451.00 69618 ELLTIM Timothy Ellis-Caleo 06/28/2023 250.00
69619 ESCPETE Peter Joseph Escobar 06/28/2023 1,120.00
69620 EXCELOFF Excel Office Services 06/28/2023 7,429.66 69621 FIRTHG Gail Firth 06/28/2023 440.00
69622 FRONTIER Frontier California Inc 06/28/2023 1,064.83 69623 GALJEN Jennifer Galan 06/28/2023 560.00
69624 GARNIC Nicholas Andrew Garcia 06/28/2023 630.00
69625 GIINDUS G.I. Industries 06/28/2023 520.53
69626 GMZENG GMZ Engineering Inc 06/28/2023 4,940.95
69627 GOVTEMPS GovTempsUSA, LLC 06/28/2023 2,646.00
69628 Grainger W.W. Grainger,Inc 06/28/2023 410.61
69629 GUIDEPOS Guidepost Solutions LLC 06/28/2023 4,037.44 69630 HAHN Lori Hahn 06/28/2023 1,500.00
69631 HALANT Anthony Hall 06/28/2023 935.00
69632 HALLALEX Alexander Hall 06/28/2023 730.00
69633 HIRALI Alisha Hirsch 06/28/2023 340.00
69634 HOMEPRO HD Supply Facilties Maintenance, Ltd 06/28/2023 364.35 69635 IPC INC Integrated Performance Consultants Inc 06/28/2023 102,493.19 69636 KAMMAR Marni Kamins 06/28/2023 115.00
69637 KASRAIE Hassan Kasraie 06/28/2023 10,480.00
69638 LABCORP Laboratory Corp. of America 06/28/2023 29.50 69639 LACOANI LA Co Animal Care & Control 06/28/2023 14,573.04 69640 LACOCLE LA County Registrar-Recorder LA Co Clerk 06/28/2023 75.00 69641 LACOCLE LA County Registrar-Recorder LA Co Clerk 06/28/2023 75.00 69642 LACOREG LA Co Registrar Recorder/Cty Clerk 06/28/2023 171.00 69643 LACOSHE LA Co Sheriff's Department 06/28/2023 883,343.04 69644 LAUTZEN Lautzenhiser's Stationery, Inc 06/28/2023 962.89 69645 LAWSONS Skylar J Lawson 06/28/2023 3,150.00
69646 LEVC Cheryl Lev 06/28/2023 1,911.00
69647 LIBERTY Liberty Printing & Embroidery 06/28/2023 166.44 69648 LKJPPRO Lisa A. Burns 06/28/2023 7,000.00
69649 MAINSTRE Athaco Inc. 06/28/2023 152.42
69650 MALAQUA Malibu Aquatics Foundation 06/28/2023 9,810.50 69651 MASTERCO Master Cooling Corporation 06/28/2023 1,055.20 69652 McCRORYC Charles McCrory 06/28/2023 1,800.00
69653 MDENGINE Hank Co Inc. 06/28/2023 48,974.05
69654 MICHBAK Michael Baker International Inc 06/28/2023 11,352.50 69655 NAICKERV Vasudevan Naicker 06/28/2023 280.00
AP Checks by Date - Summary by Check Number (6/28/2023 9:46 AM) Page 2 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Check No Vendor No Vendor Name Check Date Check Amount
69656 NATIONA National Construction Rentals, Inc 06/28/2023 941.00 69657 NEXTEL Nextel / Sprint Communication 06/28/2023 306.29 69658 PARSARS Public Agency Retirement Srvcs 06/28/2023 300.00 69659 RINCONC Rincon Consultants, Inc 06/28/2023 8,445.25 69660 ROTHSTAF Roth Staffing Companies LP 06/28/2023 16,175.94 69661 ROUNDSTA Round Star West LLC 06/28/2023 5,337.50
69662 RYLAND STLR Corporation 06/28/2023 18,813.87
69663 SAEDAV David Saetia 06/28/2023 1,450.00
69664 SANALL Allison Sanders 06/28/2023 135.00
69665 SCAFCA SCA of CA, LLC 06/28/2023 6,900.00
69666 SDIPRES SDI Presence, LLC 06/28/2023 175.00
69667 SHAHEENT David and Linda Shaheen Trust 06/28/2023 750.00 69668 SHERWINW The Sherwin-Williams Co. 06/28/2023 47.83 69669 SMITCHRI Christian Smith 06/28/2023 1,984.50
69670 STAPLES Staples Contract & Commercial LLC 06/28/2023 945.69 69671 STORIV Stoel Rives LLP 06/28/2023 637.50
69672 SZAMAT Matthew Szabla 06/28/2023 150.00
69673 TETRATE Tetra Tech Inc 06/28/2023 11,300.02
69674 TOTALGRA Brian Shore 06/28/2023 2,349.87
69675 TRENCH Tom Malloy Corporation 06/28/2023 1,848.00 69676 TRUNORTH True North Compliance Services, Inc. 06/28/2023 80,415.93 69677 ULTMAINT Ultimate Maintenance Services Inc 06/28/2023 175.00 69678 UNDERGR Underground Service Alert/SC 06/28/2023 137.43 69679 VENTTRA Ventura Transit System, Inc. 06/28/2023 5,410.50 69680 WILLSCOT Williams Scotsman Inc 06/28/2023 2,680.72 69681 XEROXFIN Xerox Corporation 06/28/2023 684.37
69682 AETNA Health and Human Resource Center Inc 06/28/2023 125.10 69683 BlueShie Blue Shield of California 06/28/2023 1,413.78 69684 CASTDIS California State Disbursement Unit 06/28/2023 339.69 69685 DELTADE Delta Dental of California 06/28/2023 8,117.86 69686 ICMA457 ICMA-MissionSquare Retirement - 303615 06/28/2023 16,583.78 69687 ICMACM ICMA-MissionSquare Retirement - 108658 06/28/2023 542.31 69688 ICMADH ICMA-MissionSquare Retirement - 108650 06/28/2023 875.00 69689 STANDARD Standard Insurance Company N2 06/28/2023 8,152.63 69690 STANDARD Standard Insurance Company N2 06/28/2023 306.58 69691 USBANK2 U.S. Bank 06/28/2023 1,499.07
Report Total (140 checks): 2,111,024.20
AP Checks by Date - Summary by Check Number (6/28/2023 9:46 AM) Page 3 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 User:

Printed: 06/28/2023 - 9:44AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00069552 To: 00069691
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-2021-00 COBRA Payable Blue Shield of California PR 22.06.2023 Vision Care-Cobra-Gamero-Delgadillo-Jul'23 69683 27.83 100-0000-2021-00 COBRA Payable Blue Shield of California PR 22.06.2023 Vision Care-Cobra-Martinez-May-Jun'23 69683 -18.90 100-0000-2021-00 COBRA Payable Blue Shield of California PR 22.06.2023 Vision Care-Cobra-Boffett J-Jul'23 69683 16.88 100-0000-2021-00 COBRA Payable Blue Shield of California PR 22.06.2023 Vision Care-Cobra-Sabay-Mar-Jun'23 69683 -37.80 Vendor Subtotal for Section 2:0000 -11.99
Section 2:0000
100-0000-2021-00 COBRA Payable Delta Dental of California PR 22.06.2023 Dental Insurance-Cobra-Gamero-May-Jun'23 69685 -101.28 100-0000-2021-00 COBRA Payable Delta Dental of California PR 22.06.2023 Dental Insurance-Cobra-Bobbett J-Jul'23 69685 97.04 100-0000-2021-00 COBRA Payable Delta Dental of California PR 22.06.2023 Dental Insurance-Cobra-Feldman-Jul'23 69685 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 22.06.2023 Dental Insurance-Cobra-Sabay-Mar-Jun'23 69685 -200.24 100-0000-2021-00 COBRA Payable Delta Dental of California PR 22.06.2023 Dental Insurance-Cobra-Gamero-Jul'23 69685 107.11 100-0000-2021-00 COBRA Payable Delta Dental of California PR 22.06.2023 Dental Insurance-Cobra-Martinez-May-Jun'23 69685 -100.12 Vendor Subtotal for Section 2:0000 -147.43
Section 2:0000
100-0000-3202-00 Film Permit Fees EFT Media Productions LLC Ref- Film Permit # 22-575 69617 451.00 Vendor Subtotal for Section 2:0000 451.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Olive Brinkmann Ref- Summer Malibu Aquatics Seawolves Blue Group 69601 440.00 Vendor Subtotal for Section 2:0000 440.00
Section 2:0000
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 1 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount 100-0000-3466-00 Swim Use & Program Fee Gail Firth Ref- Summer Malibu Aquatics Seawolves Blue Group 69621 440.00 Vendor Subtotal for Section 2:0000 440.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Jennifer Galan Ref- Summer Malibu Aquatics Foundation Seawolves Gold Group 69623 560.00 Vendor Subtotal for Section 2:0000 560.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Alexander Hall Ref- Summer Malibu Aquatics & Masters Swim 69632 730.00 Vendor Subtotal for Section 2:0000 730.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Alisha Hirsch Ref- Summer Malibu Aquatics Seawolves Sealions 69633 340.00 Vendor Subtotal for Section 2:0000 340.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Marni Kamins Ref- Spring Learn to Swim Lessons - Sea Otters 69636 115.00 Vendor Subtotal for Section 2:0000 115.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Baldip Basraon Ref- Transfer from Science to Basketball Camp 69598 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
100-0000-3467-00 Day Camp Fees David Saetia Ref- Summer 2023 Science, Surf, Science, Volleyball Camps 69663 1,160.00 Vendor Subtotal for Section 2:0000 1,160.00
Section 2:0000
100-0000-3469-00 Skate Park Program Fee David Saetia Ref- Summer 2023 Skate Camp 69663 290.00 Vendor Subtotal for Section 2:0000 290.00
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 2 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3470-00 Community Classes Allison Sanders Ref- Summer Parent & Me Tennis Class 69664 135.00 Vendor Subtotal for Section 2:0000 135.00
Section 2:3001
100-3001-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 23.62 Vendor Subtotal for Section 2:3001 23.62
Section 2:3001
100-3001-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -2.10 Vendor Subtotal for Section 2:3001 -2.10
Section 2:3001
100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Yard Rental - May '23 69602 7,500.00 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 1: Routine Maintenance - May '23 69602 46,047.34 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Yard Rental - Apr '23 69602 7,500.00 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 6 - Other Maintenance Tasks - May '23 69602 676.04 Vendor Subtotal for Section 2:3001 61,723.38
Section 2:3001
100-3001-5120-02 Street Maintenance - Summer Burns Pacific Construction Inc Task 1: Routine Maintenance - Summer - May '23 69602 11,360.94 Vendor Subtotal for Section 2:3001 11,360.94
Section 2:3001
100-3001-5121-01 Street Sweeping SCA of CA, LLC Street Sweeping Services - May '23 69665 6,900.00 Vendor Subtotal for Section 2:3001 6,900.00
Section 2:3001
100-3001-5123-01 Culvert Cleaning Anawalt Lumber Co., Inc PW - Concrete Supplies 69593 164.73 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 3 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount 100-3001-5123-01 Culvert Cleaning Anawalt Lumber Co., Inc PW - Concrete Supplies 69593 153.74 100-3001-5123-01 Culvert Cleaning Anawalt Lumber Co., Inc PW - Rebar Supplies 69593 21.96 100-3001-5123-01 Culvert Cleaning Anawalt Lumber Co., Inc PW - Grout Supplies 69593 63.34 100-3001-5123-01 Culvert Cleaning Anawalt Lumber Co., Inc PW - Concrete Supplies 69593 18.67 100-3001-5123-01 Culvert Cleaning Anawalt Lumber Co., Inc PW - Concrete Supplies 69593 13.18 Vendor Subtotal for Section 2:3001 435.62
Section 2:3001
100-3001-5123-01 Culvert Cleaning Burns Pacific Construction Inc Task 3: Storm Drain Maintenance - May '23 69602 90,287.15 Vendor Subtotal for Section 2:3001 90,287.15
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance State of California Department of Transportation PCH Signal Maintenance Jan to Mar 2023 69562 10,511.02 Vendor Subtotal for Section 2:3001 10,511.02
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maintenance - Apr '23 69588 418.50 Vendor Subtotal for Section 2:3001 418.50
Section 2:3001
100-3001-5127-00 Weed Abatement Burns Pacific Construction Inc Task 2: Weed Abatement - May '23 69602 45,064.00 Vendor Subtotal for Section 2:3001 45,064.00
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - City Yard 5/16/23 - 5/31/23 69566 820.33 100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - City Yard - 6/1/23 - 6/15/23 69625 520.53 Vendor Subtotal for Section 2:3001 1,340.86
Section 2:3001
100-3001-6160-00 Operating Supplies Burns Pacific Construction Inc Routine Maintenance Supplies - May '23 69602 1,030.64 100-3001-6160-00 Operating Supplies Burns Pacific Construction Inc Weed Abatement Supplies - May '23 69602 1,406.53 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 4 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3001 2,437.17
Section 2:3001
100-3001-6160-00 Operating Supplies Underground Service Alert/SC Monthly Fee - May '23 69678 43.43 100-3001-6160-00 Operating Supplies Underground Service Alert/SC Dig Alerts - May '23 69678 94.00 Vendor Subtotal for Section 2:3001 137.43
Section 2:3007
100-3007-5721-00 Telephone Frontier California Inc Phone - Civic Center STF - Jun '23 69565 158.05 Vendor Subtotal for Section 2:3007 158.05
Section 2:3007
100-3007-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Broad Beach Irrigation 3/21/23 - 5/22/23 Acct# 29652752 69574 226.85 Vendor Subtotal for Section 2:3007 226.85
Section 2:3008
100-3008-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-McLean-Jul'23 69683 -9.45 100-3008-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-Senehi-Jul'23 69683 27.83 Vendor Subtotal for Section 2:3008 18.38
Section 2:3008
100-3008-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Lawrence-Jul'23 69685 -50.06 100-3008-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance--Sabay-Mar'23 69685 50.06 Vendor Subtotal for Section 2:3008 0.00
Section 2:3008
100-3008-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 113.05 Vendor Subtotal for Section 2:3008 113.05
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 5 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:3008
100-3008-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -4.90 Vendor Subtotal for Section 2:3008 -4.90
Section 2:3008
100-3008-5100-00 Professional Services American Guard Services, Inc Crossing Guard Program - May '23 69592 3,591.72 Vendor Subtotal for Section 2:3008 3,591.72
Section 2:3008
100-3008-5100-00 Professional Services Kimley-Horn and Associates Inc Task 4.2 WestWard Beach Redesign - Apr '23 69571 9,560.44 Vendor Subtotal for Section 2:3008 9,560.44
Section 2:3008
100-3008-5125-00 Traffic Engineering Kimley-Horn and Associates Inc Skate Park Analysis - Apr '23 69571 1,023.75 Vendor Subtotal for Section 2:3008 1,023.75
Section 2:4001
100-4001-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 26.65 Vendor Subtotal for Section 2:4001 26.65
Section 2:4001
100-4001-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -1.40 Vendor Subtotal for Section 2:4001 -1.40
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Phone - Charmlee Park - Jun '23 69565 62.93 100-4001-5721-00 Telephone Frontier California Inc Bluffs Park - Phone/Internet - Jun '23 69622 558.50 Vendor Subtotal for Section 2:4001 621.43
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 6 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:4002
100-4002-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 15.46 Vendor Subtotal for Section 2:4002 15.46
Section 2:4002
100-4002-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -1.40 Vendor Subtotal for Section 2:4002 -1.40
Section 2:4002
100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Instructor- S1 Merbabies 6/13/23 - 6/16/23 69650 420.00 100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Instructor- S1 Starfish 6/13/23 - 6/16/23 69650 105.00 100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Instructor- S1 Sea Otters 6/13/23 - 6/16/23 69650 315.00 100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Swim Team and Masters Swim Program 5/10/23 - 6/11/23 69650 8,655.50 100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Instructor- S1 Stingray 6/13/23 - 6/16/23 69650 210.00 100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Instructor- S1 Guppy 6/13/23 - 6/16/23 69650 105.00 Vendor Subtotal for Section 2:4002 9,810.50
Section 2:4002
100-4002-5300-00 Travel and Training Vanessa Clarke Reimb- American Red Cross Lifeguard Recertification Fees 5/26/23 69607 150.00 Vendor Subtotal for Section 2:4002 150.00
Section 2:4002
100-4002-5300-00 Travel and Training Matthew Szabla Reimb- American Red Cross Lifeguard Recertification Fees 5/26/23 69672 150.00 Vendor Subtotal for Section 2:4002 150.00
Section 2:4002
100-4002-5401-00 Advertising & Noticing 13 Stars Ad- Lifeguard Certification 9/8/22 69589 268.00 Vendor Subtotal for Section 2:4002 268.00
Section 2:4004
100-4004-5107-00 Contract Personnel Peter Joseph Escobar Instructor- Karate Camp - 6/13/23 - 6/16/23 69619 1,120.00 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 7 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4004 1,120.00
Section 2:4004
100-4004-5107-00 Contract Personnel Skylar J Lawson Instructor - Aspects Surf Academy W2 69645 3,150.00 Vendor Subtotal for Section 2:4004 3,150.00
Section 2:4004
100-4004-6160-00 Operating Supplies Brian Shore Poster - Day Camp - Weekly Schedule 69674 59.13 Vendor Subtotal for Section 2:4004 59.13
Section 2:4005
100-4005-5107-00 Contract Personnel Champ Camp LLC Instructor- Skate Camp - 6/13/23 - 6/16/23 69606 1,890.00 Vendor Subtotal for Section 2:4005 1,890.00
Section 2:4005
100-4005-6160-00 Operating Supplies Brian Shore Poster - Skate Park Summer Hours 69674 59.13 Vendor Subtotal for Section 2:4005 59.13
Section 2:4006
100-4006-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 4.47 Vendor Subtotal for Section 2:4006 4.47
Section 2:4006
100-4006-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -0.70 Vendor Subtotal for Section 2:4006 -0.70
Section 2:4006
100-4006-5401-00 Advertising & Noticing 13 Stars Ad- Adult Softball 9/8/22 69589 268.00 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 8 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4006 268.00
Section 2:4007
100-4007-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -0.70 Vendor Subtotal for Section 2:4007 -0.70
Section 2:4007
100-4007-5107-00 Contract Personnel Breakthrough Sports, LLC Instructor- Basketball Webster Elem 4/20/23 - 6/1/23 69600 868.00 100-4007-5107-00 Contract Personnel Breakthrough Sports, LLC Instructor- T-Ball 4/18/23 - 6/6/23 69600 574.00 Vendor Subtotal for Section 2:4007 1,442.00
Section 2:4007
100-4007-5107-00 Contract Personnel Mary Catherine Callaghan Instructor- Beg. Salsa Dance 6/5/23 69603 175.00 Vendor Subtotal for Section 2:4007 175.00
Section 2:4007
100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor- Barre Fitness 4/17/23 - 6/5/23 69604 700.00 100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor- Hip Hop 4/17/23 - 6/5/23 69604 1,162.00 100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor- Ballet 4/17/23 - 6/5/23 69604 700.00 100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor- Parent & Me Ballet 4/21/23 - 6/9/23 69604 280.00 Vendor Subtotal for Section 2:4007 2,842.00
Section 2:4007
100-4007-5107-00 Contract Personnel Jemma S. Wildermuth Instructor- Art Fun 4/17/23 - 6/5/23 69611 490.00 Vendor Subtotal for Section 2:4007 490.00
Section 2:4007
100-4007-5107-00 Contract Personnel Nicholas Andrew Garcia Instructor- Chess 4/18/23 - 6/6/23 69624 630.00 Vendor Subtotal for Section 2:4007 630.00
Section 2:4007
100-4007-5107-00 Contract Personnel Cheryl Lev Instructor- Music Together 4/12/23 - 6/7/23 69646 1,911.00 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 9 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4007 1,911.00
Section 2:4007
100-4007-5107-00 Contract Personnel Round Star West LLC Instructor- Sunday Soccer Ages 5/7 - 4/23/23 - 6/11/23 69661 490.00 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor- Sunday Soccer Ages 2/3 - 4/23/23 - 6/11/23 69661 962.50 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor- Thursday Soccer Ages 2/3 - 4/20/23 - 6/8/23 69661 1,365.00 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor- Sunday Soccer Ages 3/4 - 4/23/23 - 6/11/23 69661 1,452.50 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor- Parent & Me Soccer - 4/20/23 - 6/8/23 69661 1,067.50 Vendor Subtotal for Section 2:4007 5,337.50
Section 2:4007
100-4007-5107-00 Contract Personnel Christian Smith Instructor- Musical Theater 4/20/23 - 6/1/23 69669 1,984.50 Vendor Subtotal for Section 2:4007 1,984.50
Section 2:4007
100-4007-6160-00 Operating Supplies Brian Shore Poster - Community Classes - Location Reserved 69674 59.13 Vendor Subtotal for Section 2:4007 59.13
Section 2:4008
100-4008-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 5.17 Vendor Subtotal for Section 2:4008 5.17
Section 2:4008
100-4008-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -0.70 Vendor Subtotal for Section 2:4008 -0.70
Section 2:4008
100-4008-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Community Svcs - Senior Center 69670 123.11 Vendor Subtotal for Section 2:4008 123.11
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 10 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 11.90 Vendor Subtotal for Section 2:4010 11.90
Section 2:4010
100-4010-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -1.40 Vendor Subtotal for Section 2:4010 -1.40
Section 2:4010
100-4010-5100-00 Professional Services American Guard Services, Inc Security Services to Close Parks - May '23 69592 4,122.91 100-4010-5100-00 Professional Services American Guard Services, Inc Security Services to Close Parks - Apr '23 69592 4,122.91 Vendor Subtotal for Section 2:4010 8,245.82
Section 2:4010
100-4010-5130-00 Parks Maintenance Athaco Inc. Park Signage - Rattlesnake Habitat 69649 152.42 Vendor Subtotal for Section 2:4010 152.42
Section 2:4010
100-4010-5710-00 Facilities Rent National Construction Rentals, Inc Bluffs Park Portable Toilet 6/1/23 - 6/28/23 69656 941.00 Vendor Subtotal for Section 2:4010 941.00
Section 2:4010
100-4010-5721-00 Telephone Frontier California Inc Phone - 23641 PCH (median) - Jun '23 69565 60.07 100-4010-5721-00 Telephone Frontier California Inc Phone - Las Flores, Bluffs, Trancas - Jun '23 69565 524.20 Vendor Subtotal for Section 2:4010 584.27
Section 2:4010
100-4010-5722-00 Electricity Southern California Edison Company Charmlee Park - 5/1/23 - 5/30/23 69583 16.30 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 11 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 16.30
Section 2:4010
100-4010-6300-00 Repair & Maint. Supplies Anawalt Lumber Co., Inc CS - Park Supplies 69593 70.31 Vendor Subtotal for Section 2:4010 70.31
Section 2:4011
100-4011-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -0.70 Vendor Subtotal for Section 2:4011 -0.70
Section 2:4011
100-4011-5401-00 Advertising & Noticing Brian Shore Banners - Summer CineMalibu Series 69674 249.66 Vendor Subtotal for Section 2:4011 249.66
Section 2:4012
100-4012-5401-00 Advertising & Noticing 13 Stars Ad- Malibu Poet Laureate Recruitment 5/11/23 69589 268.00 100-4012-5401-00 Advertising & Noticing 13 Stars Ad- CS Malibu Arts 6/1/23 69589 536.00 100-4012-5401-00 Advertising & Noticing 13 Stars Ads- Solstice Cyn & Heather Edwards 9/29/22 69589 536.00 Vendor Subtotal for Section 2:4012 1,340.00
Section 2:7001
100-7001-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -3.50 Vendor Subtotal for Section 2:7001 -3.50
Section 2:7001
100-7001-5100-00 Professional Services LaTanya KirkCarter School Disctrict Separation Consulting Svcs Nov '22 to May '23 69572 5,400.00 Vendor Subtotal for Section 2:7001 5,400.00
Section 2:7001
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 12 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount 100-7001-5100-00 Professional Services STLR Corporation School District Separation - May '23 69662 7,458.75 100-7001-5100-00 Professional Services STLR Corporation School District Separation - Feb '23 69662 11,355.12 Vendor Subtotal for Section 2:7001 18,813.87
Section 2:7002
100-7002-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 21.47 Vendor Subtotal for Section 2:7002 21.47
Section 2:7002
100-7002-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -2.80 Vendor Subtotal for Section 2:7002 -2.80
Section 2:7002
100-7002-5100-00 Professional Services MAP Communications, Inc. Live Telephone Answering Service - Jun '23 69554 276.64 Vendor Subtotal for Section 2:7002 276.64
Section 2:7002
100-7002-6165-00 Website Services Monsido, LLC Premium Monsido Platform 6/1/23 -8/31/24 69577 11,790.00 Vendor Subtotal for Section 2:7002 11,790.00
Section 2:7003
100-7003-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 33.91 Vendor Subtotal for Section 2:7003 33.91
Section 2:7003
100-7003-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -2.10 Vendor Subtotal for Section 2:7003 -2.10
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 13 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:7003
100-7003-5100-00 Professional Services Guidepost Solutions LLC Comprehensive School Safety Assessment - May '23 69629 4,037.44 Vendor Subtotal for Section 2:7003 4,037.44
Section 2:7005
100-7005-5100-00 Professional Services Stoel Rives LLP Legal Services - Malibu SYTF - May '23 69671 637.50 Vendor Subtotal for Section 2:7005 637.50
Section 2:7005
100-7005-5101-00 General Legal Counsel Best Best & Krieger LLP General Legal Svcs - May '23 69599 27,255.00 Vendor Subtotal for Section 2:7005 27,255.00
Section 2:7005
100-7005-5101-01 School District Separation Best Best & Krieger LLP School District Separation - May '23 69599 5,811.60 Vendor Subtotal for Section 2:7005 5,811.60
Section 2:7005
100-7005-5102-00 Litigation Best Best & Krieger LLP Litigation Svcs - May '23 69599 31,856.60 Vendor Subtotal for Section 2:7005 31,856.60
Section 2:7005
100-7005-5103-00 Criminal Prosecution Dapeer Rosenblit & Litvak LLP City Prosecutor Svc - May '23 69614 2,697.80 Vendor Subtotal for Section 2:7005 2,697.80
Section 2:7007
100-7007-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-Lawrence-Jul'23 69683 -27.83 100-7007-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-Munoz-Jul'23 69683 -16.88 Vendor Subtotal for Section 2:7007 -44.71
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 14 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:7007
100-7007-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Lawrence-Jul'23 69685 -97.04 100-7007-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Lawrence-Jul'23 69685 -157.75 Vendor Subtotal for Section 2:7007 -254.79
Section 2:7007
100-7007-4205-00 Life Insurance Standard Insurance Company N2 PR 22.06.2023 Additional Life Insurance-Munoz-Jul'23 69690 -1.20 Vendor Subtotal for Section 2:7007 -1.20
Section 2:7007
100-7007-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 79.34 Vendor Subtotal for Section 2:7007 79.34
Section 2:7007
100-7007-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -2.10 Vendor Subtotal for Section 2:7007 -2.10
Section 2:7007
100-7007-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - City Clerk 69585 118.74 100-7007-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - City Clerk 69670 169.94 Vendor Subtotal for Section 2:7007 288.68
Section 2:7021
100-7021-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Flores SA-May-Jun'23 69685 214.22 Vendor Subtotal for Section 2:7021 214.22
Section 2:7021
100-7021-4205-00 Life Insurance Standard Insurance Company N2 PR 22.06.2023 Additional Life Insurance-Flores S-AD&D-May-Jul'23 69690 7.50 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 15 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 7.50
Section 2:7021
100-7021-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 20.27 Vendor Subtotal for Section 2:7021 20.27
Section 2:7021
100-7021-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -2.10 Vendor Subtotal for Section 2:7021 -2.10
Section 2:7021
100-7021-5106-00 Animal Control LA Co Animal Care & Control Animal Control - May '23 69639 14,573.04 Vendor Subtotal for Section 2:7021 14,573.04
Section 2:7021
100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Law Enforcement Services - May '23 69643 789,664.10 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Law Enforcement Svcs Above Contract - Illegal Car Show - May '23 69643 3,258.96 Vendor Subtotal for Section 2:7021 792,923.06
Section 2:7021
100-7021-5116-00 Law Enforcement Services LA Co Sheriff's Department Law Enforcement Services - Beach Team - May '23 69643 90,419.98 Vendor Subtotal for Section 2:7021 90,419.98
Section 2:7021
100-7021-5300-00 Travel and Training Anthony Hall CERT Team Training (8) 69631 680.00 100-7021-5300-00 Travel and Training Anthony Hall CERT Team Training (3) 69631 255.00 Vendor Subtotal for Section 2:7021 935.00
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 16 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:7021
100-7021-5401-00 Advertising & Noticing 13 Stars Ad- National Preparedness Month 9/8/22 69589 268.00 100-7021-5401-00 Advertising & Noticing 13 Stars Ad- PCH Canyons & Beaches 6/1/23 69589 268.00 100-7021-5401-00 Advertising & Noticing 13 Stars Ad- National Preparedness Month 9/29/22 69589 268.00 Vendor Subtotal for Section 2:7021 804.00
Section 2:7021
100-7021-5721-00 Telephone Frontier California Inc Phone - Disaster Hot Line, Tier, E911 - Jun '23 69565 317.32 Vendor Subtotal for Section 2:7021 317.32
Section 2:7021
100-7021-5721-00 Telephone Nextel / Sprint Communication Cell Phone - 5/13/23 - 6/12/23 69657 136.38 Vendor Subtotal for Section 2:7021 136.38
Section 2:7021
100-7021-5721-00 Telephone Remote Satellite Systems Int'l Satellite Phones - Jul '23 69579 255.80 Vendor Subtotal for Section 2:7021 255.80
Section 2:7021
100-7021-6160-00 Operating Supplies CR PRINT Public Safety Decals 69561 97.13 Vendor Subtotal for Section 2:7021 97.13
Section 2:7021
100-7021-6160-00 Operating Supplies DirecTV, Inc. Direct TV - EOC Jun '23 69616 102.25 Vendor Subtotal for Section 2:7021 102.25
Section 2:7021
100-7021-6160-00 Operating Supplies Brian Shore Poster/Banner - Safety Expo 69674 1,861.50 100-7021-6160-00 Operating Supplies Brian Shore Poster - Safety Expo 69674 61.32 Vendor Subtotal for Section 2:7021 1,922.82
Section 2:7021
100-7021-6160-00 Operating Supplies Ultimate Maintenance Services Inc Extra Cleaning at City Hall for Day Porter 6/10/23 69677 175.00 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 17 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 175.00
Section 2:7021
100-7021-6160-01 VOP Operating Supplies Liberty Printing & Embroidery VOP Uniform 69647 166.44 Vendor Subtotal for Section 2:7021 166.44
Section 2:7054
100-7054-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-Drolet-Jul'23 69683 -9.45 Vendor Subtotal for Section 2:7054 -9.45
Section 2:7054
100-7054-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Drolet-Jul'23 69685 -50.06 Vendor Subtotal for Section 2:7054 -50.06
Section 2:7054
100-7054-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 63.95 Vendor Subtotal for Section 2:7054 63.95
Section 2:7054
100-7054-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -3.50 Vendor Subtotal for Section 2:7054 -3.50
Section 2:7054
100-7054-5100-00 Professional Services Governmental Financial Service Consulting Services - May '23 69568 1,960.00 Vendor Subtotal for Section 2:7054 1,960.00
Section 2:7054
100-7054-5100-00 Professional Services Lance, Soll & Lunghard, LLP FY 22/23 Interim Audit Services 69575 9,329.00 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 18 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7054 9,329.00
Section 2:7054
100-7054-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Accounting Clerk 6/2/23 69553 2,170.00 100-7054-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Accounting Clerk 5/26/23 69553 2,800.00 100-7054-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Accounting Clerk 06/09/23 69591 2,800.00 Vendor Subtotal for Section 2:7054 7,770.00
Section 2:7054
100-7054-5117-00 Film Permit Consultant Frontier California Inc Phone - Film Fax - Jun '23 69565 34.26 Vendor Subtotal for Section 2:7054 34.26
Section 2:7054
100-7054-5405-00 Printing CR PRINT Parking Citation Books for LASD 230001 - 245000 69612 5,792.55 Vendor Subtotal for Section 2:7054 5,792.55
Section 2:7054
100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 69670 99.97 Vendor Subtotal for Section 2:7054 99.97
Section 2:7058
100-7058-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Gamero-Apr'23 69685 -50.64 Vendor Subtotal for Section 2:7058 -50.64
Section 2:7058
100-7058-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 12.62 Vendor Subtotal for Section 2:7058 12.62
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 19 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:7058
100-7058-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -1.40 Vendor Subtotal for Section 2:7058 -1.40
Section 2:7058
100-7058-5100-00 Professional Services GovTempsUSA, LLC Temporary Staff - 5/22/23 - 6/4/23 69627 2,646.00 Vendor Subtotal for Section 2:7058 2,646.00
Section 2:7058
100-7058-5320-00 Recruitment Expense Laboratory Corp. of America New Employee Lab Work - Environmental Sustainability Analyst 69638 29.50 Vendor Subtotal for Section 2:7058 29.50
Section 2:7058
100-7058-5320-00 Recruitment Expense Charles McCrory Background Check - Assistant Civil Engineer 69652 450.00 100-7058-5320-00 Recruitment Expense Charles McCrory Background Check - Accounting Technician 69652 450.00 100-7058-5320-00 Recruitment Expense Charles McCrory Background Check - Assisstant Planner 69652 450.00 100-7058-5320-00 Recruitment Expense Charles McCrory Background Check - Office Assisstant 69652 450.00 Vendor Subtotal for Section 2:7058 1,800.00
Section 2:7058
100-7058-5320-00 Recruitment Expense Roth Staffing Companies LP Direct Hire - Accounting Technician 69660 16,175.94 Vendor Subtotal for Section 2:7058 16,175.94
Section 2:7059
100-7059-4205-00 Life Insurance Standard Insurance Company N2 PR 22.06.2023 Life Insurance-Rounding 69689 -0.05 Vendor Subtotal for Section 2:7059 -0.05
Section 2:7059
100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD-Rounding 69689 0.03 100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 9.04 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 20 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7059 9.07
Section 2:7059
100-7059-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -1.40 Vendor Subtotal for Section 2:7059 -1.40
Section 2:7059
100-7059-5210-00 Service Fees & Charges California Department of Tax & Fee Administration CA Use Tax - 2022 Out of State Purchases Late Fee 69605 431.51 Vendor Subtotal for Section 2:7059 431.51
Section 2:7059
100-7059-5210-00 Service Fees & Charges Public Agency Retirement Srvcs PARS Admin Fee - Mar '23 69658 300.00 Vendor Subtotal for Section 2:7059 300.00
Section 2:7059
100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maintenance 12/17/22 - 1/16/23 69563 2,011.78 100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maintenance 9/17/22 - 10/16/22 69563 2,576.58 100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maintenance 8/17/22 - 9/16/22 69563 2,061.90 100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maintenance 10/17/22 - 11/16/22 69563 2,053.78 100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maintenance 1/17/23 - 2/16/23 69563 2,761.05 100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maintenance - 2/17/23 - 3/16/23 69620 2,570.01 100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maintenance - 4/17/23 - 5/16/23 69620 2,386.56 100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maintenance - 3/17/23 - 4/16/23 69620 2,473.09 Vendor Subtotal for Section 2:7059 18,894.75
Section 2:7059
100-7059-5721-00 Telephone Frontier California Inc Phone - City Hall Facility, Postage, Teleconference - Jun '23 69565 470.10 100-7059-5721-00 Telephone Frontier California Inc Phone - Annex Fax Ln - Jun '23 69565 60.07 Vendor Subtotal for Section 2:7059 530.17
Section 2:7059
100-7059-5721-00 Telephone Nextel / Sprint Communication Cell Phone - 5/13/23 - 6/12/23 69657 169.91 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 21 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7059 169.91
Section 2:7059
100-7059-5721-00 Telephone Nextiva, Inc. City Hall Phone Services - 8 New Lines 69578 189.46 Vendor Subtotal for Section 2:7059 189.46
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - C8155 Color Copier - 5/22/23 - 6/21/23 69681 516.84 100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease-HHZ171515-B8170 - 5/22/23 - 6/21/23 69681 167.53 Vendor Subtotal for Section 2:7059 684.37
Section 2:7059
100-7059-6160-00 Operating Supplies California Department of Tax & Fee Administration CA Use Tax - 2022 Out of State Purchases 69605 3,596.00 Vendor Subtotal for Section 2:7059 3,596.00
Section 2:7059
100-7059-6160-00 Operating Supplies Conejo Awards City Staff Name Badges (6) 69608 110.86 100-7059-6160-00 Operating Supplies Conejo Awards City Staff Name Badges (19) 69608 306.97 Vendor Subtotal for Section 2:7059 417.83
Section 2:7059
100-7059-6160-00 Operating Supplies Safeguard Business Systems, Inc. AP & PR Window Envelopes 69582 946.75 Vendor Subtotal for Section 2:7059 946.75
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non-Departmental 69585 191.14 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non-Departmental 69670 182.59 Vendor Subtotal for Section 2:7059 373.73
Subtotal for Section 1: 100 1,378,020.97
Section 1: 101
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 22 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:0000
101-0000-3410-01 Admin Plan Ck Processing Fee Leslie Robbins Ref- IPC 23-0243 Admin Fee for 22548 PCH 69581 51.25 Vendor Subtotal for Section 2:0000 51.25
Section 2:0000
101-0000-3411-00 Inspector Plan Check Fees Leslie Robbins Ref- IPC 23-0243 Inspector Plan Check Fee for 22548 PCH 69581 205.00 Vendor Subtotal for Section 2:0000 205.00
Section 2:0000
101-0000-3421-00 Planning Review Fees David and Linda Shaheen Trust Ref- PL Review CDP21-009 - 23936 Malibu Rd 69667 750.00 Vendor Subtotal for Section 2:0000 750.00
Section 2:2001
101-2001-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-Martinez-Apr'23 69683 -9.45 101-2001-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-Azzaz-Jul'23 69683 -27.83 101-2001-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-Duncan-Jul'23 69683 -9.45 Vendor Subtotal for Section 2:2001 -46.73
Section 2:2001
101-2001-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Martinez-Apr'23 69685 -50.06 101-2001-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Azzaz-Jul'23 69685 -157.75 101-2001-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Duncan-Jul'23 69685 -50.06 Vendor Subtotal for Section 2:2001 -257.87
Section 2:2001
101-2001-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 110.73 Vendor Subtotal for Section 2:2001 110.73
Section 2:2001
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 23 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount 101-2001-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -11.90 Vendor Subtotal for Section 2:2001 -11.90
Section 2:2001
101-2001-5100-00 Professional Services Civic Solutions, Inc Contract Planning Services - May '23 69557 35,377.50 Vendor Subtotal for Section 2:2001 35,377.50
Section 2:2001
101-2001-5100-00 Professional Services Joseph D Smith Planning Services - May '23 69559 30,044.00 Vendor Subtotal for Section 2:2001 30,044.00
Section 2:2001
101-2001-5100-00 Professional Services Cotton,Shires & Associates,Inc General Consulting Services - Planning - May '23 69560 5,224.50 Vendor Subtotal for Section 2:2001 5,224.50
Section 2:2001
101-2001-5100-00 Professional Services CSG Consultants, Inc. Planning Consultant Services - May '23 69613 40,402.50 Vendor Subtotal for Section 2:2001 40,402.50
Section 2:2001
101-2001-5100-00 Professional Services Lorrie Feinberg Database Updates - Planning - May '23 69569 2,518.75 Vendor Subtotal for Section 2:2001 2,518.75
Section 2:2001
101-2001-5100-00 Professional Services JLee Engineering, Inc. Contract Planner - May '23 69570 14,960.00 Vendor Subtotal for Section 2:2001 14,960.00
Section 2:2001
101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant Services - Housing Element Update - May '23 69580 4,920.00 101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant Services - May '23 69659 8,445.25 Vendor Subtotal for Section 2:2001 13,365.25
Section 2:2001
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 24 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount 101-2001-5100-01 Coastal Dev. Permit Services Courtney Jean McCammon Contract Biologist - May '23 69558 17,652.00 Vendor Subtotal for Section 2:2001 17,652.00
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 4346 Avenida De La Encinal - APRWF 20-018 69573 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 7133 Birdview Ave - ACDP 22-051 69640 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 31725 Sea Level Dr - APR 22-024 69641 75.00 Vendor Subtotal for Section 2:2001 225.00
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 69561 263.91 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 69561 433.17 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 27400 PCH 69612 173.10 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 28843 Selfridge Dr 69612 212.58 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - City Wide Project 69612 519.89 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 69612 234.85 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 69612 697.17 Vendor Subtotal for Section 2:2001 2,534.67
Section 2:2001
101-2001-6160-00 Operating Supplies FedEx Express Services - Planning 69564 38.70 Vendor Subtotal for Section 2:2001 38.70
Section 2:2001
101-2001-6160-00 Operating Supplies Lautzenhiser's Stationery, Inc Planning Operating Supplies 69644 962.89 Vendor Subtotal for Section 2:2001 962.89
Section 2:2004
101-2004-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-Schultz-Jul'23 69683 9.45 Vendor Subtotal for Section 2:2004 9.45
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 25 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:2004
101-2004-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Schultz-Jul'23 69685 50.06 Vendor Subtotal for Section 2:2004 50.06
Section 2:2004
101-2004-4205-00 Life Insurance Standard Insurance Company N2 PR 22.06.2023 Life Insurance-Schultz-Jul'23 69689 8.60 Vendor Subtotal for Section 2:2004 8.60
Section 2:2004
101-2004-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 115.92 Vendor Subtotal for Section 2:2004 115.92
Section 2:2004
101-2004-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance-Schultz 69682 1.39 101-2004-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -7.00 Vendor Subtotal for Section 2:2004 -5.61
Section 2:2004
101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Counter Hours EH - May '23 69609 4,661.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Coastal Reviews - May '23 69609 10,027.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc B&S Tasks: Smart Coast Policy Summit - May '23 69609 2,106.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Counter Hours - Geo/Coastal Engineering - May '23 69609 12,595.50 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geo Reviews - May '23 69609 19,511.00 Vendor Subtotal for Section 2:2004 48,900.50
Section 2:2004
101-2004-5100-00 Professional Services Lorrie Feinberg Database Updates - Building Safety - May '23 69569 2,096.25 Vendor Subtotal for Section 2:2004 2,096.25
Section 2:2004
101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - May '23 69676 39,362.41 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 26 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2004 39,362.41
Section 2:2004
101-2004-5100-00 Professional Services Bureau Veritas North America, Inc. Plan Review - Apr '23 69586 1,732.26 Vendor Subtotal for Section 2:2004 1,732.26
Section 2:2004
101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 6/5/23 - 6/9/23 69596 1,447.60 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 5/30/23 - 6/2/23 69596 1,055.54 Vendor Subtotal for Section 2:2004 2,503.14
Section 2:2004
101-2004-5401-00 Advertising & Noticing 13 Stars Ad- Dark Sky 8/25/22 69552 268.00 101-2004-5401-00 Advertising & Noticing 13 Stars Ad- Dark Sky 9/8/22 69589 268.00 101-2004-5401-00 Advertising & Noticing 13 Stars Ad- Dark Sky 9/29/22 69589 268.00 Vendor Subtotal for Section 2:2004 804.00
Section 2:2004
101-2004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Building Safety 69670 40.19 Vendor Subtotal for Section 2:2004 40.19
Section 2:2010
101-2010-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-Rosas-May-Jun'23 69683 34.56 Vendor Subtotal for Section 2:2010 34.56
Section 2:2010
101-2010-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Rosas-May-Jun'23 69685 214.22 Vendor Subtotal for Section 2:2010 214.22
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 27 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:2010
101-2010-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 16.49 Vendor Subtotal for Section 2:2010 16.49
Section 2:2010
101-2010-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -2.10 Vendor Subtotal for Section 2:2010 -2.10
Section 2:2010
101-2010-5100-00 Professional Services Cotton,Shires & Associates,Inc EH Reviews - May '23 69609 22,510.00 Vendor Subtotal for Section 2:2010 22,510.00
Section 2:2010
101-2010-5100-00 Professional Services Lorrie Feinberg Database Updates - EH Water Module - May '23 69569 65.00 Vendor Subtotal for Section 2:2010 65.00
Section 2:2012
101-2012-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 27.37 Vendor Subtotal for Section 2:2012 27.37
Section 2:2012
101-2012-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -2.80 Vendor Subtotal for Section 2:2012 -2.80
Section 2:2012
101-2012-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Planning - Code Enforcement 69585 34.98 Vendor Subtotal for Section 2:2012 34.98
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 28 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:3003
101-3003-4203-00 Vision Insurance Blue Shield of California PR 22.06.2023 Vision Care-Andico-Jun'23 69683 16.88 Vendor Subtotal for Section 2:3003 16.88
Section 2:3003
101-3003-4204-00 Dental Insurance Delta Dental of California PR 22.06.2023 Dental Insurance-Andico-Jun'23 69685 97.04 Vendor Subtotal for Section 2:3003 97.04
Section 2:3003
101-3003-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 23.75 Vendor Subtotal for Section 2:3003 23.75
Section 2:3003
101-3003-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -2.80 Vendor Subtotal for Section 2:3003 -2.80
Section 2:3003
101-3003-5100-00 Professional Services Always Advancing Manufacturing And Promotions LLC Environmental Program Supplies - Tote Bags 69555 765.00 Vendor Subtotal for Section 2:3003 765.00
Section 2:3003
101-3003-5100-00 Professional Services Lorrie Feinberg Database Updates - EP Clean Water Programs - May '23 69569 227.50 Vendor Subtotal for Section 2:3003 227.50
Section 2:3003
101-3003-5100-02 CIMP Tetra Tech Inc CIMP Monitoring - Apr '23 69673 11,300.02 Vendor Subtotal for Section 2:3003 11,300.02
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 29 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 101 295,048.52
Section 1: 102
Section 2:3002
102-3002-5100-00 Professional Services Lorrie Feinberg Database Updates - Woolsey Fire Database Module - May '23 69569 260.00 Vendor Subtotal for Section 2:3002 260.00
Section 2:3002
102-3002-5100-01 Coastal Dev Permit Services Courtney Jean McCammon Woolsey Fire Contract Biologist - May '23 69558 6,086.00 Vendor Subtotal for Section 2:3002 6,086.00
Section 2:3002
102-3002-5100-02 Fire Rebuilds - Planning 4LEAF, Inc Woolsey Fire Contract Planner - May '23 69590 21,968.78 Vendor Subtotal for Section 2:3002 21,968.78
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc EH Review - Woolsey Fire - May '23 69609 11,380.00 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Counter Hours - Woolsey Fire - May '23 69609 8,191.50 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Geo Review - Woolsey Fire - May '23 69609 4,864.50 Vendor Subtotal for Section 2:3002 24,436.00
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD True North Compliance Services, Inc. Woolsey Fire Rebuild Plan - May '23 69676 41,053.52 Vendor Subtotal for Section 2:3002 41,053.52
Section 2:3002
102-3002-5123-00 Storm Response Burns Pacific Construction Inc Task 4: Storm Response May '23 - DR 4699 69602 47,188.38 Vendor Subtotal for Section 2:3002 47,188.38
Section 2:3002
102-3002-5123-00 Storm Response Lisa A. Burns DR4699 Disposal Fees - May '23 69648 7,000.00 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 30 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3002 7,000.00
Section 2:9207
102-9207-5100-00 Latigo Canyon Rdway/Retaining Tom Malloy Corporation Temporary Shoring Plates - Latigo Canyon 4/27/23 - 5/24/23 69675 1,848.00 Vendor Subtotal for Section 2:9207 1,848.00
Section 2:9213
102-9213-5100-00 Encinal Cnyn Rd Drain/Erosion GMZ Engineering Inc Encinal Canyon Road Drainage Repair Project - May '23 69626 4,940.95 Vendor Subtotal for Section 2:9213 4,940.95
Section 2:9215
102-9215-5100-00 Malibu Rd Drainage Repairs Hank Co Inc. Malibu Road Drainage Project 3/31/23 - 5/19/23 69653 48,974.05 Vendor Subtotal for Section 2:9215 48,974.05
Subtotal for Section 1: 102 203,755.68
Section 1: 103
Section 2:9050
103-9050-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 5.46 Vendor Subtotal for Section 2:9050 5.46
Section 2:9050
103-9050-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -0.70 Vendor Subtotal for Section 2:9050 -0.70
Section 2:9050
103-9050-5610-00 Facilities Maintenance Pacific Coast Elevator Corp. Elevator Load Test per State Inspection - Wheelchair Lift 69556 2,000.00 103-9050-5610-00 Facilities Maintenance Pacific Coast Elevator Corp. Elevator Load Test per State Inspection - Passenger 69556 2,000.00 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 31 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9050 4,000.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Department of Industrial Relations City Hall Elevator Annual Inspection Fee 69615 225.00 103-9050-5610-00 Facilities Maintenance Department of Industrial Relations City Hall Chair Lift Annual Inspection Fee 69615 125.00 Vendor Subtotal for Section 2:9050 350.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance W.W. Grainger,Inc Credit Memo - Return of City Hall First Aid Supplies 69628 -76.10 103-9050-5610-00 Facilities Maintenance W.W. Grainger,Inc City Hall - HVAC Pumps 69628 486.71 Vendor Subtotal for Section 2:9050 410.61
Section 2:9050
103-9050-5610-00 Facilities Maintenance HD Supply Facilties Maintenance, Ltd City Hall - Janitorial Paper Supplies 69634 364.35 Vendor Subtotal for Section 2:9050 364.35
Section 2:9050
103-9050-5610-00 Facilities Maintenance Malibu Glass and Mirror, Inc Storefront Window Replacement City Hall (Pymt 2/2) 69576 10,991.95 Vendor Subtotal for Section 2:9050 10,991.95
Section 2:9050
103-9050-5610-00 Facilities Maintenance Master Cooling Corporation HVAC Parts 69651 355.20 103-9050-5610-00 Facilities Maintenance Master Cooling Corporation HVAC Repairs AC-2.1 69651 700.00 Vendor Subtotal for Section 2:9050 1,055.20
Section 2:9050
103-9050-5610-00 Facilities Maintenance The Sherwin-Williams Co. City Hall - Exterior Paint 69668 47.83 Vendor Subtotal for Section 2:9050 47.83
Section 2:9050
103-9050-5721-00 Telephone Frontier California Inc Phone - City Hall Septic, Irrigation, Fire, Elevator - Jun '23 69565 394.79 Vendor Subtotal for Section 2:9050 394.79
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 32 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 103 17,619.49
Section 1: 203
Section 2:3009
203-3009-5145-00 Dial A Ride Services 13 Stars Ad- Dial-A-Ride 5/18/23 69589 268.00 Vendor Subtotal for Section 2:3009 268.00
Section 2:3009
203-3009-5145-00 Dial A Ride Services Ventura Transit System, Inc. City of Malibu Dial-A-Ride Program May '23 69679 5,410.50 Vendor Subtotal for Section 2:3009 5,410.50
Subtotal for Section 1: 203 5,678.50
Section 1: 207
Section 2:3004
207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Solid Waste Consultant - May '23 69584 860.75 207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Solid Waste Consultant - May '25 69584 2,299.00 Vendor Subtotal for Section 2:3004 3,159.75
Section 2:3004
207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Dumpster Lid Enforcement - May '23 69584 937.50 Vendor Subtotal for Section 2:3004 937.50
Section 2:3004
207-3004-5401-00 Advertising & Noticing 13 Stars Ad- Bulky Item Pickup 10/27/22 69552 268.00 Vendor Subtotal for Section 2:3004 268.00
Section 2:3004
207-3004-5850-00 Recycling supplies 13 Stars Ad- SB 1383 Outreach 6/1/23 69589 268.00 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 33 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3004 268.00
Section 2:3004
207-3004-5850-00 Recycling supplies Solid Waste Solutions, Inc. SB 1383 Outreach 69584 1,312.25 Vendor Subtotal for Section 2:3004 1,312.25
Section 2:3004
207-3004-6160-00 Operating Supplies Solishia Andico Ref- Tablecloth Dry Cleaning - Environmental Dept 69594 25.70 Vendor Subtotal for Section 2:3004 25.70
Section 2:3004
207-3004-6160-00 Operating Supplies Andy Gump, Inc. Enviro Event Toilet 4/14/23 - 4/17/23 69595 106.22 Vendor Subtotal for Section 2:3004 106.22
Section 2:3004
207-3004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Environmental Sustainability - Solid Waste 69585 140.35 Vendor Subtotal for Section 2:3004 140.35
Subtotal for Section 1: 207 6,217.77
Section 1: 215
Section 2:7070
215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer - 4/28/23 - 5/27/23 69680 1,197.54 215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer - 5/28/23 - 6/27/23 69680 1,483.18 Vendor Subtotal for Section 2:7070 2,680.72
Subtotal for Section 1: 215 2,680.72
Section 1: 310
Section 2:9002
310-9002-7901-00 Street Improvements Hassan Kasraie On-Call Engineering - Morning View Drive - Feb to Apr '23 69637 10,480.00 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 34 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9002 10,480.00
Section 2:9059
310-9059-5100-00 Professional Services Michael Baker International Inc PCH Raised Median - Task 6 - Apr '23 69654 11,352.50 Vendor Subtotal for Section 2:9059 11,352.50
Section 2:9066
310-9066-5100-00 Professional Services Kimley-Horn and Associates Inc Design for PCH Signal Synch System - Apr '23 69571 20,794.51 Vendor Subtotal for Section 2:9066 20,794.51
Section 2:9097
310-9097-5100-00 Bluffs Park South Walkway Kimley-Horn and Associates Inc Task 11: Design Svcs - Bluffs Park Walkway Replacement - Apr '23 69571 5,425.00 Vendor Subtotal for Section 2:9097 5,425.00
Section 2:9100
310-9100-5100-00 PCH/Trancas Cnyn Rd Right-turn Chen Ryan Associates, Inc. Engineer/Design Svcs - PCH Right Turn Lane at Trancas Mar '23 69610 3,577.30 310-9100-5100-00 PCH/Trancas Cnyn Rd Right-turn Chen Ryan Associates, Inc. Engineer/Design Svcs - PCH Right Turn Lane at Trancas Apr '23 69610 361.00 Vendor Subtotal for Section 2:9100 3,938.30
Subtotal for Section 1: 310 51,990.31
Section 1: 515
Section 2:3010
515-3010-5611-00 WWTF Maintenance Integrated Performance Consultants Inc Operation, Maintenance, Management of CCWTF - May '23 69635 96,338.25 Vendor Subtotal for Section 2:3010 96,338.25
Section 2:3010
515-3010-5640-00 Equipment Maintenance Integrated Performance Consultants Inc Equipment & Maintenance - CCWWTF - May '23 69635 1,114.94 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 35 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3010 1,114.94
Section 2:3010
515-3010-5656-00 Water Quality Test/Monitoring Rincon Consultants, Inc CCWWTF Water Quality Monitoring Services - Apr '23 69580 3,151.37 Vendor Subtotal for Section 2:3010 3,151.37
Section 2:3010
515-3010-5721-00 Telephone Badger Meter, Inc. Meter Monitoring May '23 69597 39.16 Vendor Subtotal for Section 2:3010 39.16
Section 2:3010
515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 6/4/23 - 7/3/23 69622 155.31 515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 6/8/23 - 7/7/23 69622 351.02 Vendor Subtotal for Section 2:3010 506.33
Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - CCWTF - Jun '23 69566 220.26 Vendor Subtotal for Section 2:3010 220.26
Section 2:3010
515-3010-5725-01 Biosolids Disposal Integrated Performance Consultants Inc Biosolids Disposal - CCWWTF - May '23 69635 5,040.00 Vendor Subtotal for Section 2:3010 5,040.00
Subtotal for Section 1: 515 106,410.31
Section 1: 601
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash - City Vehicles 6/22/23 69655 175.00 601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash - City Vehicles 6/14/23 69655 105.00 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 36 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3005 280.00
Subtotal for Section 1: 601 280.00
Section 1: 602
Section 2:7060
602-7060-4209-00 Disability Insurance Standard Insurance Company N2 PR 22.06.2023 STD/LTD 69689 18.51 Vendor Subtotal for Section 2:7060 18.51
Section 2:7060
602-7060-4213-00 Empast Health Health and Human Resource Center Inc PR 22.06.2023 Employee Assistance 69682 -2.10 Vendor Subtotal for Section 2:7060 -2.10
Section 2:7060
602-7060-5100-00 Professional Services SDI Presence, LLC Information Technology Administrative Services - May '23 69666 175.00 Vendor Subtotal for Section 2:7060 175.00
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc Phone - City Hall Fac Internet - Jun '23 69565 840.51 Vendor Subtotal for Section 2:7060 840.51
Section 2:7060
602-7060-6120-00 Computer Software < $1,000 GovConnection Inc Additional Licenses for Adobe Acrobat 69567 229.35 602-7060-6120-00 Computer Software < $1,000 GovConnection Inc Additional Licenses for Adobe Acrobat 69567 90.66 Vendor Subtotal for Section 2:7060 320.01
Section 2:7060
602-7060-7400-00 Computer Equipment GovConnection Inc 4 New Hard Drives for Backup Server 69567 1,276.79 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 37 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7060 1,276.79
Section 2:7060
602-7060-7400-00 Computer Equipment Staples Contract & Commercial LLC Office Supplies - IT Keyboards for Employees 69670 329.89 Vendor Subtotal for Section 2:7060 329.89
Section 2:7060
602-7060-7400-00 Computer Equipment Flexential Colorado Corp Server Colocation - Jun '23 69587 980.78 Vendor Subtotal for Section 2:7060 980.78
Subtotal for Section 1: 602 3,939.39
Section 1: 710
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Timothy Ellis-Caleo Ref- Facility Rental Security Deposit - T. Ellis-Caleo 69618 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Lori Hahn Ref- Facility Rental Security Deposit - J. Lee 69630 1,500.00 Vendor Subtotal for Section 2:0000 1,500.00
Section 2:0000
710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Dec '22 69642 102.00 710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Mar '23 69642 69.00 Vendor Subtotal for Section 2:0000 171.00
Subtotal for Section 1: 710 1,921.00
Section 1: 900
Section 2:0000
900-0000-2023-00 Vision Insurance Blue Shield of California PR Batch 70022.06.2023 Vision Care 69683 1,447.39 AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 38 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 1,447.39
Section 2:0000
900-0000-2024-00 Dental Insurance Delta Dental of California PR Batch 70022.06.2023 Dental Insurance 69685 8,303.11 Vendor Subtotal for Section 2:0000 8,303.11
Section 2:0000
900-0000-2025-00 Life Insurance Standard Insurance Company N2 PR Batch 70022.06.2023 Life Insurance 69689 1,179.70 Vendor Subtotal for Section 2:0000 1,179.70
Section 2:0000
900-0000-2025-01 Additional Life Insurance Standard Insurance Company N2 PR Batch 70022.06.2023 Additional Life Insurance 69690 300.28 Vendor Subtotal for Section 2:0000 300.28
Section 2:0000
900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70008.06.2023 STD/LTD 69689 3,001.35 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70022.06.2023 STD/LTD 69689 3,203.85 Vendor Subtotal for Section 2:0000 6,205.20
Section 2:0000
900-0000-2027-00 Employee Assistance Health and Human Resource Center Inc PR Batch 70022.06.2023 Employee Assistance 69682 186.01 Vendor Subtotal for Section 2:0000 186.01
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70022.06.2023 PARS - EE Share 69691 1,239.22 900-0000-2041-00 PARS U.S. Bank PR Batch 70022.06.2023 PARS - ER Share 69691 259.85 Vendor Subtotal for Section 2:0000 1,499.07
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 39 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3 Account Number Description Vendor Description Check No Amount Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70022.06.2023 ICMA Def Comp - Flat Amount 69686 11,190.39 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70022.06.2023 ER Contribution to ICMA 69686 3,100.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70022.06.2023 ICMA Def Comp - % of Salary 69686 1,267.56 Vendor Subtotal for Section 2:0000 15,557.95
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70022.06.2023 ICMA Loan Program 69686 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 70022.06.2023 ICMA - City Manager 69687 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 70022.06.2023 ICMA - Dept Heads 69688 875.00 Vendor Subtotal for Section 2:0000 875.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70022.06.2023 Income Withholding Order-Calif 69684 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 37,461.54
Report Total: 2,111,024.20
AP-Transactions by Account (06/28/2023 - 9:44 AM) Page 40 DocuSign Envelope ID: A862A5E9-FEA4-4377-9D31-D7AEFE579EB3

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Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: June 28, 2023 Meeting date: July 10, 2023 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the May 9, 2022 Malibu City Council Regular meeting, the May 23, 2022 Malibu City Council Regular meeting, and the May 27, 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 meetings of May 9, 2022, May 23, 2022, and May 27, 2022.

ATTACHMENTS:

May 9, 2022 Regular meeting
May 23, 2022 Regular meeting
April 27, 2022 Special meeting
City Council Meeting
07-10-23
Item

3.B.3.

ATTACHMENT 1

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
MAY 9, 2022

COUNCIL CHAMBERS
6:30 P.M.

MEETING CALL TO ORDER
Mayor Grisanti called the meeting to order at 5:32 p.m.

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

PRESENT: Mayor Paul Grisanti; Mayor Pro Tem Bruce Silverstein; and Councilmembers Karen Farrer, Mikke Pierson (via teleconference), and Steve Uhring (arrived at 5:37 p.m.)

PUBLIC COMMENT ON CLOSED SESSION
Mayor Grisanti opened the floor to public comment.

Speakers: Doug Stewart, Howard Rudzki, (Councilmember Uhring arrived at 5:37 p.m.) and Marianne Riggins
As there were no other speakers present, Mayor Grisanti closed public comment and returned the matter to the table for discussion.

RECESS TO CLOSED SESSION
At 5:40 p.m., on the advice of counsel and based on existing facts and circumstances, the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

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: 2
Personnel Matters pursuant to Government Code Section 54957:

1. Public Employee Appointment
Title: City Manager
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:

1. City representative: Interim City Attorney John Cotti Unrepresented employee: Interim City Manager Steve McClary Malibu City Council
Minutes of May 9, 2022

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REGULAR SESSION CALL TO ORDER
Mayor Grisanti called the meeting to order at 6:43 p.m.

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

PRESENT: Mayor Paul Grisanti; Mayor Pro Tem Bruce Silverstein; and Councilmembers Karen Farrer, Mikke Pierson (via teleconference), and Steve Uhring ALSO PRESENT: John Cotti, Interim City Attorney; Steve McClary, Interim City Manager; Kelsey Pettijohn, City Clerk; Jesse Bobbett, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Rob DuBoux, Public Works Director; and Kate Gallo, Recreation Manager

PLEDGE OF ALLEGIANCE
Dennis Robert Smith led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Manager McClary reported that the meeting convened at 5:30 p.m., after which time the Council recessed to a Closed Session pursuant to Government Code Sections 54956.9, 54957, and 54957.6 with all Councilmembers present. He stated the Council met with Lindsay Puckett of Stoel Rives and discussed the first matter listed on the closed session agenda and took no reportable action.

Interim City Attorney Cotti reported the Council discussed the second and third items on the closed session agenda, tabled Item No. 6.A., and took no other reportable action.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Silverstein moved, and Councilmember Farrer seconded a motion to approve the agenda.

FRIENDLY AMENDMENT
Mayor Grisanti moved to hear Item Nos. 4.A., 4.B., and 4.C. after Item No. 1.A.

The amendment was accepted by the maker and the seconder.

The question was called, and the amended motion carried unanimously.

Malibu City Council
Minutes of May 9, 2022

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REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on April 29, 2022, with the amended agenda posted on May 5, 2022, and the second amended agenda posted May 6, 2022.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of City Tile to Oscar Mondragon for Service to the City of Malibu Mayor Grisanti presented the City Tile for service to the City of Malibu to Oscar Mondragon.

Mr. Mondragon discussed the community labor exchange and stated it was a team effort to provide a safe place for workers to connect with employers over the past 29 years and expressed appreciation for the recognition.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Adopt Urgency Ordinance No. 499U (Day-Use Impound Yard) Recommended Action: 1) Adopt Urgency Ordinance No. 499U amending Malibu Municipal Code Section 17.68.040 (Temporary Uses Requiring Permit) to allow for a temporary day-use impound yard, subject to a temporary use permit, during the summer, at Assessor Parcel No. 4466-021-028, generally located at the intersection of Pacific Coast Highway and Heathercliff Road, and finding the action exempt from the California Environmental Quality Act and setting forth the facts constituting such urgency; and 2) Provide direction to staff on whether to process a Zoning Text Amendment consistent with the urgency ordinance.

Planning Director Mollica presented the staff report.

Mayor Grisanti opened the floor for public comment.

Speakers: Chris Frost, Josh Spiegel, Doug Stewart, Pamela Conley-Ulich, Scott Dittrich, and Howard Rudzki
As there were no other speakers present, Mayor Grisanti returned the matter to the table for discussion.

The Council discussed the item.

MOTION Councilmember Farrer moved, and Mayor Grisanti seconded a motion to adopt Urgency Ordinance No. 499U amending Malibu Municipal Code Section

17.68.040 (Temporary Uses Requiring Permit) to allow for a temporary day-use impound yard, subject to a temporary use permit, during the summer, at Assessor Parcel No. 4466-021-028, generally located at the intersection of Pacific Coast Malibu City Council
Minutes of May 9, 2022

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Highway and Heathercliff Road, and finding the action exempt from the California Environmental Quality Act and setting forth the facts constituting such urgency.

The Council discussed the motion and directed questions to staff.

The question was called, and the motion carried 4-1, Mayor Pro Tem Silverstein opposed.

Item Nos. 4.B. and 4.C. were heard concurrently.

B. Appeal No. 21-017 - Appeal of Planning Commission Resolution No. 21-06 (33386 Pacific Coast Highway; Appellant/Property Owner:180 PCH, LLC) Recommended Action: Adopt Resolution No. 22-16, denying Appeal No. 21-017 and denying Coastal Development Permit No. 14-073 to construct a new 2,825- square foot, two-story, single-family residence, including a 483-square foot attached two-car garage, rooftop deck, swimming pool, spa and associated equipment, barbeque, outdoor fireplace, retaining walls, hardscaping, grading, and installation of a new alternative onsite wastewater treatment system, and denying Variance (VAR) No. 18-002 for construction in excess of 18 feet in height, up to

43.25 feet for the single-family residence, and denying VAR No. 18-004 to allow the portions of the building in excess of 18 feet in height to exceed two-thirds the area below 18 feet in height located in the Rural Residential Two-Acre (RR-2) zoning district at 33386 Pacific Coast Highway (180 PCH, LLC).

C. Appeal No. 21-018 - Appeal of Planning Commission Resolution No. 21-07 (33398 Pacific Coast Highway; Appellant/Property Owner: 180 PCH, LLC) Recommended Action: Adopt Resolution No. 22-17, denying Appeal No. 21-018 and denying Coastal Development Permit No. 14-072 to construct a new 2,825- square foot, two-story, single-family residence, including a 483-square foot attached two-car garage, rooftop deck, swimming pool, spa and associated equipment, barbeque, outdoor fireplace, retaining walls, hardscaping, grading, and installation of a new alternative onsite wastewater treatment system, and denying Variance (VAR) No. 17-050 for construction in excess of 18 feet in height, up to

43.25 feet for the single-family residence, and denying VAR No. 18-001 to allow the portions of the building in excess of 18 feet in height to exceed two-thirds the area below 18 feet in height located in the Rural Residential Two-Acre (RR-2) zoning district at 33398 Pacific Coast Highway (180 PCH, LLC).

Planning Director Mollica presented the staff report.

Disclosures: Mayor Pro Tem Silverstein, Mayor Grisanti, Councilmembers Uhring, Farrer, and Pierson
The Council directed questions to staff.

As there were no further questions for staff, Mayor Grisanti opened the floor for public comment.

Malibu City Council
Minutes of May 9, 2022

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Speakers: Fred Gaines, Don Schmitz, Doug Burdge, Richard Weintraub, Hushmand Sohali, Tyler Kruse (on behalf of Mr. Haagen), David Rosen (Lloyd Saitman deferred his time to Mr. Rosen), James Yankopoulos (on behalf of Paula Yankopoulos), Mathew Mark, James George (Will Marlatt, Hannah George, and Jason Stewart deferred their time to Mr. George), Janice George, Christel Flannery, Lynn Jacob, Jerry Jacob, John Henning, Scott Dittrich, and Samuel Volpert Pamela Conley-Ulich was not present at the time of the hearing.

Mr. Weintraub and Mr. Gaines provided rebuttal to public comment.

As there were no other speakers present, Mayor Grisanti closed the public comment portion of the public hearing and returned the matter to the table for discussion.

The Council discussed the item.

RECESS At 8:46 p.m., Mayor Grisanti recessed the meeting. The meeting resumed at 9:00 p.m. with all Councilmembers present.

The Council discussed the item and directed questions to Mr. Saitman, Mr.

Henning, Mr. Gaines, Mr. Burdge, Mr. Schmitz, and staff.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Uhring seconded a motion to direct staff to bring revised resolutions denying: 1) Appeal No. 21-017 - Appeal of Planning Commission Resolution No. 21-06 (33386 Pacific Coast Highway; Appellant/Property Owner:180 PCH, LLC); and 2) Appeal No. 21-018 - Appeal of Planning Commission Resolution No. 21-07 (33398 Pacific Coast Highway; Appellant/Property Owner: 180 PCH, LLC).

The Council discussed the motion and directed questions to staff.

The question was called, and the motion carried unanimously.

At 9:37 p.m., Councilmember Pierson left the meeting.

ITEM 2.A. PUBLIC COMMENTS
Howard Rudzki discussed Captain Jennifer Seetoo’s appointment at the Los Angeles County Sheriff’s Department. He stated the water main break on Via Escondido in the previous few days was attended to by Water District 29 personnel who worked for more than 12 hours straight to repair the problem.

Jefferson Wagner stated it was good to be back in the Council Chambers and he hoped the positive decorum demonstrated would continue. He requested to have the meeting adjourn in memory of Johnny Fain and stated there was a well-attended paddle-out in his honor and discussed his legacy.

Malibu City Council
Minutes of May 9, 2022

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Lance Simmens discussed the importance of consensus in the City considering the divisive political environment at all levels of government. He discussed Mayor Pro Tem Silverstein’s comments at the Los Angeles County Board of Supervisors (BOS) meeting. He stated it was important for the City to have a good working relationship with governmental political partners.

Marianne Riggins stated the City was at 99 percent of its undesignated reserve funds and the City only needed to be at 50 percent or 65 percent for the City to retain its high bond rating. She suggested using some of those reserves to repay the approximately 7.3 million dollars in Measure M and Measure R transportation funds that were used to purchase the vacant properties in 2018. She stated that removing those encumbrances would be an excellent use of the undesignated reserve funds in order to use the properties for uses consistent with the needs of Malibu residents.

Scott Dittrich stated people from outside of the City were making money on development within the City that was not aligned with the best interest of the community. He stated the City should find consensus in order to mount a unified offense against forces attacking Malibu such as proposals the County BOS was considering. He stated disagreement was fine, but no one deserved personal attacks.

Lloyd Ahern discussed the Smart Coast California Conference that would be held on May 19 and 20, 2022 in Long Beach. He stated he would like a representative from Malibu to attend the conference.

Pamela Conley-Ulich was not present at the time of the hearing.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Scott Dittrich, Public Works Commission, discussed the antennae tower next to the Santa Monica College campus. He stated the project was not reviewed by the Public Works Commission and requested large-scale projects be considered by the Public Works Commission.

Interim City Manager McClary stated Jennifer Seetoo had been appointed as the next Captain of the Lost Hills Sheriff Station. He thanked Acting Captain Joseph Fender for his work. He stated COVID-19 case numbers had mildly increased, but hospital resources were not currently strained in Los Angeles County. He stated they were tracking several variances in the County and Malibu was still considered to have low community spread despite an increase in cases in the County. He reminded the public that masks were still required to be worn indoors in high-risk situations such as hospital settings, residential care, adult senior care facilities, hospitals, and shelters. He stated he and Public Works Director DuBoux met with staff for the Regional Water Quality Control Board staff on the City’s request for an extension for Phase 2 on the Civic Center Water Treatment Facility (CCWTF) and good feedback was received and the City was awaiting a response on the extension request. He stated virtual meetings would resume with the May 23, 2022 Malibu City Council
Minutes of May 9, 2022

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City Council meeting and the May 16, 2022 Planning Commission meeting would be held in-person. He stated the Fiscal Year (FY) 2022-23 budget workshop was held the previous week and a video of the presentation would be available on the City’s website. He announced that following this evening’s in-person Council meeting, the Planning Commission would hold its May 16, 2022 meeting in-person and subsequent meetings would again be held remotely. He stated an item would be brought back to the Council for discussion and direction to staff whether future meetings would be conducted remotely, in-person, or in a hybrid format.

In response to Interim City Manager McClary, Planning Director Mollica stated Councilmembers had requested information on fire rebuilds which applied for a like-for-like permit and followed it up with an additional permit for Director level approval to add additional square footage. He stated the requested information was available on the Malibu Rebuilds website on the statistics page. In response to Mayor Pro Tem Silverstein, Planning Director Mollica clarified the statistics only included administrative plan reviews, which were ministerial projects which required Planning Director approval, did not require a coastal development permit, and would not have been brought before the Planning Commission.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Uhring indicated support for Captain Seetoo’s return to the Lost Hills Sheriff’s station and thanked Lieutenant Fender for his work to address the unpermitted car shows. He stated he attended the FY 2022-23 budget workshop and an Administration and Finance Subcommittee meeting. He stated the budget appeared to be in good shape, and there were potential additional costs such as the possible addition of a dedicated Sheriff’s Deputy stationed at Malibu High School.

He stated he would like a meeting scheduled before June to discuss the value the City received for money it spent to remedy problems in the City and other initiatives. He stated another Administration and Finance Subcommittee meeting was held to discuss the General Fund grants and substantial progress had been made and they planned to meet again prior to the end of May in order to finalize their recommendations. He stated he had a meeting with development personnel at Pepperdine University regarding the Dark Sky Ordinance and they were on track to become the first Dark Sky university in the country.

Councilmember Farrer stated people could disagree without hostility or social media attacks. She stated use of the undesignated reserve should be discussed by the Council and repaying the Measure M and Measure R transportation funds would be a worthy discussion. She stated the best way for the City to control development was for the City to purchase land for public use. She stated she attended the School District Separation Ad Hoc Committee meetings. She stated she attended the Dolphin Awards and congratulated the winners. She stated she attended a Library Subcommittee meeting where potential uses for excess funds were discussed.

Mayor Pro Tem Silverstein congratulated Interim City Manager McClary on his pending appointment. He congratulated Captain Seetoo on her return the Lost Hills Malibu City Council
Minutes of May 9, 2022

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Sheriff’s station. He stated he would like to have correspondence that was submitted shortly before the meeting made more readily available, and suggested it be posted on the City’s website.

In response to Mayor Pro Tem Silverstein, City Clerk Pettijohn clarified correspondence was uploaded to the City’s public records portal on the website after the meeting and was available to the public without a formal public records request.

Mayor Pro Tem Silverstein stated he would like the information to be even more easily accessible. He stated although it was nice to see people in person, it was not yet safe enough for in-person meetings to resume and he would like public participants to be able to appear on camera during virtual meetings and would like to allow the public to defer minutes to increase other participants’ speaking time.

He stated he agreed with Councilmember Farrer that civil and respectful debate could be engaged in when disagreements arose. He stated that unless compromise was the goal, 5-0 decisions were not important and there were some principles that should not be compromised. He stated he had a constitutional right to speak in his own words in public as he did at the County BOS meeting and clarified he announced at that time that he was speaking as an individual.

Mayor Grisanti thanked the Sheriff’s Department for conducting captain interviews with COG City Managers and stated that there were two good candidates in Lieutenant Fender and Captain Seetoo. He stated he was a sponsor of the Smart Coast California conference and encouraged attendance at their May 20, 2022 meeting. He stated he attended the Dolphin Awards and a Southern California Association of Governments meeting.

Mayor Pro Tem Silverstein stated he had advocated since before his election to use the City’s reserve funds to repay the Measure R and Measure M funds.

ITEM 3 CONSENT CALENDAR
MOTION Mayor Pro Tem Silverstein moved, and Councilmember Farrer seconded a motion to approve the Consent Calendar. The question was called, and the motion carried 4-0, Councilmember Pierson absent.

The Consent Calendar consisted of the following items:

B. New Items

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 65705-65817 listed on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Malibu City Council
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Register No. 703 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $3,188,078.89. City of Malibu payroll check numbers 5223-5224 and ACH deposits were issued in the amount of $231,675.37.

3. Approval of Minutes
Recommended Action: Approve the minutes for the September 13, 2021 Malibu City Council Regular meeting.

4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 22- 15, re-authorizing remote teleconferencing/virtual meetings pursuant to AB

5. Award Malibu Bluffs Park Shade Structure Project
Recommended Action: 1) Authorize the Mayor to execute a construction contract with Western State Builders, Inc. in the amount $55,901 for the Malibu Bluffs Park Shade Structure Project, Specification No. 2093; 2) Authorize the Public Works Director to approve potential change orders up to 15% of contract; and 3) Adopt Resolution No. 22-14 approving the blanket authority to file applications for grant funds from the Los Angeles County Regional Park and Open Space District for Measure A Funding.

6. Los Angeles County Measure R Transportation Funding Agreement Recommended Action: Authorize the Mayor to execute the Measure R Funding Agreement for the Pacific Coast Highway Intersection Improvements - Trancas Canyon Road Project.

7. Professional Services Agreement with Chen Ryan Associates, Inc. dba CR Associates
Recommended Action: Authorize the Mayor to execute Professional Services Agreement with Chen Ryan Associates, Inc. dba CR Associates for engineering design services for the Pacific Coast Highway Intersection Improvements - Trancas Canyon Road in an amount of $155,940.62.

8. Amendment to Professional Services Agreement with Kimley Horn and Associates, Inc.

Recommended Action: Authorize the Mayor to executed Amendment No. 3 to the Professional Services Agreement with Kimley Horn and Associates, Inc. in the amount of $165,750 for a total not to exceed $2,943,010 for additional assistance during bidding and construction phases and extending the term of the agreement for the Pacific Coast Highway Signal Synchronization Project.

9. Award Michael Landon Center HVAC Unit Replacement Project Recommended Action: 1) Authorize the Mayor to execute a construction contract with AC Pros, Inc. in the amount $24,900 for the Michael Landon Center Heating Ventilation and Air Conditioning (HVAC) Unit Replacement Project, Specification No. 2095; and 2) Authorize the Public Works Director to approve potential change orders up to 15% of contract.

10. Amendment to Professional Services Agreement with SDI Presence Recommended Action: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with SDI Presence LLC.

Malibu City Council
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ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
A. Employment Agreement for City Manager Services between the City of Malibu and Steven L. McClary
Recommended Action: Approve the employment agreement dated May 9, 2022 for City Manager Services between the City of Malibu and Steven L. McClary and authorize the Mayor to execute the agreement on behalf of the City Council.

This item was tabled to a subsequent meeting.

ITEM 7 COUNCIL ITEMS
A. 2022-2023 Harry Barovsky Memorial Youth Commission Appointments Recommended Action: Appoint Commissioners to the 2022-2023 Harry Barovsky Memorial Youth Commission.

Recreation Manager Gallo presented the staff report.

The Council discussed the item.

MOTION Councilmember Farrer moved, and Councilmember Uhring seconded a motion to appoint as 2022-2023 Harry Barovsky Memorial Youth Commissioners:

Addison Arlidge, Austin Aragon, Allegra Barzan, Garrett Button, Tyler Button, Duna Divito, Kylie Epstein, Logan Epstein, Colton Fisher, James Fisher, Sailor Graham, Maya Guzman, Maxine Kelly, Chloe Loquet, Michael Maischoss, Patrick Mickens, Takoda Moore, Cooper Norby, Hank Norby, Axel Polito, and Luke Webster
The question was called, and the motion carried 4-0, Councilmember Pierson absent.

ADJOURNMENT
At 10:20 p.m., Councilmember Uhring moved, and Mayor Pro Tem Silverstein seconded a motion to adjourn the meeting. The motion carried 4-0, Councilmember Pierson absent.

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Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
ATTACHMENT 2

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
MAY 23, 2022

TELECONFERENCED - VARIOUS LOCATIONS
6:30 P.M.

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

MEETING CALL TO ORDER
Councilmember Farrer called the meeting to order at 5:30 p.m.

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

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

PUBLIC COMMENT ON CLOSED SESSION
Speakers: None.

RECESS TO CLOSED SESSION
At 5:31 p.m., on the advice of counsel and based on existing facts and circumstances, the Council recessed to Closed Session to discuss the following item listed on the Closed Session agenda:

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

1. Case Name: City’s Petition to Form Malibu Unified School District from Territory in the Santa Monica-Malibu Unified School District

REGULAR SESSION CALL TO ORDER
Councilmember Farrer called the meeting to order at 6:30 p.m.

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

PRESENT: Councilmembers Karen Farrer, Mikke Pierson, and Steve Uhring Malibu City Council
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ABSENT: Mayor Paul Grisanti and Mayor Pro Tem Bruce Silverstein ALSO PRESENT: John Cotti, Interim City Attorney; Steve McClary, Interim City Manager; Ruth Quinto, Interim Assistant City Manager/City Treasurer; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Jesse Bobbett, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Rob DuBoux, Public Works Director; Matt Myerhoff, Media Information Officer; Elizabeth Shavelson, Deputy City Manager; Rebecca Evans, Administrative Assistant; and Troy Spayd, Assistant Public Works Director/Assistant City Engineer

PLEDGE OF ALLEGIANCE
Councilmember Farrer led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Cotti reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(1) with Mayor Pro Tem Silverstein and Mayor Grisanti absent. He stated the Council took no reportable action.

APPROVAL OF AGENDA
MOTION Councilmember Pierson moved, and Councilmember Farrer seconded a motion to approve the agenda. The question was called, and the motion carried 3-0, Mayor Pro Tem Silverstein and Mayor Grisanti absent.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on May 13, 2022.

ITEM 1 CEREMONIAL/PRESENTATIONS
None.

ITEM 2.A. PUBLIC COMMENTS
Kraig Hill stated he had a conversation with Mayor Grisanti and Public Safety Manager Dueñas about logistics involved in illegally parked cars in the eastern part of Malibu being towed to a day-use impound lot at Heathercliff Road. He expressed his concerns about due process in scheduling a Planning Commission agenda item involving Malibu High School on a day where he will not be available to attend and therefore the item would not be considered before the full Commission. He stated that not having expenses incurred by Planning Commissioners reimbursed demonstrated the role of Planning Commissioners was not valued. He stated the Malibu City Council
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Commission was not advisory but was a quasi-judiciary decision-making body that conducted official City business. He stated that he had presented materials that demonstrated a precedent that other cities paid their Planning Commissioners a stipend and was told that would be a conversation for when the City budget was less strained and he stated that time had come.

Lloyd Ahern commented on the impressive participation from other cities and governmental offices in the Smart Coast California organization’s conference in Long Beach and expressed his desire for the City to become involved in the future.

Burt Ross stated that the use of expletive language by Mayor Pro Tem Silverstein when he addressed the Los Angeles County Board of Supervisors meeting was inappropriate. He stated that although Mayor Pro Tem Silverstein contended he had spoken as a private individual, he introduced himself as the Mayor Pro Tem of Malibu. He stated the presentation Mayor Pro Tem Silverstein shared at the meeting provided valuable information but he found his use of obscenities disrespectful.

Pamela Conley-Ulich commented on recent events surrounding Children’s Creative Workshop (CCW) preschool that was run by Shari Latta for over 40 years and had been displaced due to activities involving Santa Monica Malibu Unified School District but had been granted an extension in its current space in order for the preschool children to graduate on June 10, 2022. She requested the City officially honor her for her service to the community and implored the Council to find ways to assist organizations that teach children important life lessons.

Norm Haynie stated he attended a seminar Thursday evening on ways sea level rise could be dealt with.

Captain Jennifer Seetoo, Los Angeles County Sheriff’s Department, stated it was good to be back working with the Malibu Community and offered the Sheriff Department’s support and encouraged people reach out to her on ways the department could assist.

Lieutenant Chad Watters, Los Angeles County Sheriff’s Department, reported vehicle burglaries had increased but the Sheriff’s Department had run a sting operation that yielded encouraging results and another operation was planned for upcoming weeks. He stated the number of assaults was down and there was one domestic violence incident. He stated the trending crimes in other parts of the County had not seeped into the Malibu area. He stated total citations numbered 1,156 and there were less speeding and fewer collisions. He stated the beach team would be increasing its numbers in the coming months. He reported the new Sheriff’s station at Santa Monica College was in the last stages of construction.

Ryan Embree and Scott Dittrich were not present at the time of the hearing.

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ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Interim City Manager McClary encouraged water conservation efforts due to the current drought despite mandatory restrictions not having been put in place. He reported the City’s Code Enforcement staff issued 28 citations for illegal use of leaf blowers in response to complaints during the month of May. He stated 213 shortterm rental permits had been issued to date, with approximately 60 pending. He stated COVID-19 cases, testing positivity, and hospitalizations had increased in recent weeks, but the deathrate remained steady. He stated the County had employed new metrics for outbreaks to be tracked and traced back to their origin.

He stated he met with new Sheriff’s Department Captain Seetoo the prior week and was eager to hear her ideas to address the Malibu community’s safety concerns. He introduced new Assistant City Manager Joseph Toney.

Assistant City Manager Toney stated he looked forward to supporting the City team and the community and implementation of the Council’s policy directives.

Interim City Manager McClary stated he attended the Council of Governments (COG) meeting the prior weekend and models for a Malibu Sheriff’s station would be explored at a future date.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Uhring welcomed Captain Seetoo and commended the Sheriff’s Department on the effective mitigation measures that had been taken toward the nuisance and safety concerns the unpermitted car shows presented. He stated he attended a Clean Power Alliance (CPA) meeting and a pricing model was being developed to help them strengthen their financial position. He stated he attended the most recent Administration and Finance Subcommittee meeting with Councilmember Pierson and the General Funds grants had been finalized. He stated he attended the Environmental Sustainability Subcommittee meeting held earlier in the day and there was a great amount of effort being put forth toward the improvement and protection of the environment.

In response to Councilmember Uhring, Environmental Sustainability Director Bundy stated that a video of the meeting was available on the City’s website.

Councilmember Pierson stated that he attended the Administration and Finance Subcommittee and Environmental Sustainability Subcommittee meetings and commended staff on the volume of work accomplished. He stated Captain Seetoo and Lieutenant Watters made a great team. He thanked Councilmember Uhring for attending the CPA meeting. In response to public speaker Mr. Hill, he stated he agreed with him that the auto towing situation was less than ideal and was a work in progress. He stated he had not been aware a Planning Commission agenda item that pertained to Malibu High School had been scheduled on a day that there would not be a full Commission present. He stated he wished the matter of Planning Commissioner reimbursement and compensation had been brought to his attention Malibu City Council
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sooner. In response to public speaker Mr. Ahern, he stated he was not able to attend the Smart Coast California meeting due to scheduling conflicts but that it was a meritorious organization in which Mayor Grisanti was involved. In response to Ms.

Conley-Ulich, he stated he and his wife attempted to find a solution to keep CCW operational in the community but were unable to. He stated their children had attended CCW and agreed Ms. Latta deserved to be recognized for her contributions. In response to Interim City Manager McClary, he stated he was surprised mandatory water restrictions were not already in place due to the severity of the drought. He stated he was aware of Code Enforcement staff activity and that they were historically busy. He stated he participated as a panelist speaker at the United States Green Building Council conference regarding fire resiliency. He encouraged the community to harden their homes in anticipation of future fires.

Councilmember Farrer welcomed Captain Seetoo and thanked Lieutenant Watters for his work with the Malibu community. She stated the day-use impound yard was a temporary measure and when the program was scheduled to end in October it could be evaluated and other options considered for the future. In response to Mr.

Haynie, she stated that sea level rise was not going away and confirmed Mayor Grisanti served on the board of Smart Coast California and that she would like the City to be more involved in that organization. She stated that she had also searched for solutions to assist CCW and was not certain if Ms. Latta wanted to relocate or if the school would just close and she would check and an update would be provided to the Council. In response to Interim City Manager McClary, she stated that although there were not mandatory water restrictions in place in Malibu, as West Basin had requested a voluntary water usage reduction of 30 percent. She stated that the fact that COVID-19 cases had increased was affirmation meetings should be held remotely. She stated she looked forward to meeting Assistant City Manager Toney in the coming weeks. She stated in recent weeks she attended the Contract Cities annual municipal seminar and stated their motto was “Strength through Collaboration.” She stated she attended a panel discussion with two Los Angeles County Supervisors, Janice Hahn and Kathryn Barger, a Ventura County Supervisor, and a City Councilmember from one of the cities in Riverside County.

She stated she attended presentations from Los Angeles County Department of Public Works, Los Angeles County Fire and Sheriff’s Departments, and presentations on the topics of housing and workforce development and retention.

She stated she attended the May 17, 2022 COG meeting and the May 18, 2022 Los Angeles County Library Commission meeting.

ITEM 2.A. PUBLIC COMMENTS (Continued)
Scott Dittrich announced the Citizen Emergency Response Team, in conjunction with the City would hold a Safety Expo on June 4, 2022 and information could be found on the City’s website.

Norm Haynie stated he agreed on the value of involvement with the Smart Coast California organization, and that he attended the entire conference.

Malibu City Council
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Ryan Embree suggested the City engage a professional public grant writer and consider filling that position with a capital campaign fundraising professional. He stated the City should explore further land acquisition as land values were increasing and he had ideas on how land could be acquired at less than full value.

He stated the City already had Certificates of Participation out on other land and those were at relatively low and competitive interest rates and if they were to send out for certificates in the future, they would likely have to pay higher percentage rates. He stated the Memorandum of Understanding the City had with Caltrans required the City cover costs associated with maintenance, repair, and the electricity to operate the traffic signals along the State highway. He stated there were improvements and signals that were imposed upon the City and there were more planned such as an electrified crosswalk which would affect traffic flow. He stated that it was an optional agreement and the obligation to be responsible for replacement and upgrades was added later and not a part of the original agreement.

He stated an audit was listed on the warrant register and he would like to know if the audit that had taken place previously was a performance or a financial audit.

Joel Schulman suggested the meeting call-in number appear prominently on the virtual meeting page for the public to be made aware there was an alternative to computer participation.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.2. and 3.B.12. were pulled by the public.

MOTION Councilmember Pierson moved, and Councilmember Uhring seconded a motion to approve the Consent Calendar pulling Item Nos. 3.B.2. and 3.B.12. The question was called, and the motion carried 3-0, Mayor Pro Tem Silverstein and Mayor Grisanti absent.

B. New Items

3. Approval of Minutes
Recommended Action: Approve the minutes for the September 27, 2021 Malibu City Council Regular meeting and October 5, 2021 Malibu City Council Special meeting.

4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 22- 15, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.

5. Amendment to Agreement with Rincon Consultants, Inc to Provide On-Call Consulting Services
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Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with Rincon Consultants, Inc. to increase the total agreement compensation from $40,000 to $190,000.

6. Amendments to Agreements with Solid Waste Solutions, Inc. and SCS Engineers to Provide Solid Waste Consulting Services
Recommended Action: 1) Authorize the Mayor to execute Amendment No. 2 to Agreement with Solid Waste Solutions, Inc. as a primary consultant to allow for a one-year extension of the existing agreement through June 30, 2023, and to update the scope of work; and 2) Authorize the Mayor to execute Amendment No. 2 to Agreement with SCS Engineers as a secondary consultant and to allow for a one-year extension of the existing agreement through June 30, 2023, and to update the scope of work.

7. Amendment to Agreement with Rincon Consultants, Inc.

Recommended Action: Authorize the City Manager to execute Amendment No. 1 to Agreement with Rincon Consultants, Inc. to allow for a one-year extension of the existing agreement through June 30, 2023 with a corresponding compensation for the additional year of service.

8. Professional Services Agreement with CPARS Consulting, Inc.

Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with CPARS Consulting, Inc for the creation and implementation of an earthquake tabletop exercise, and the creation of an earthquake response playbook in an amount not to exceed $46,172.

9. Award Point Dume Walkway Repairs Project
Recommended Action: 1) Authorize the Mayor to execute a construction contract with JTEC Corporation in the amount of $96,525 for the Point Dume Walkway Repairs Project, Specification No. 2094; and 2) Authorize the Public Works Director to approve potential change orders up to 15% of contract.

10. Amendment to Professional Services Agreement with Moffatt & Nichol Recommended Action: Authorize the Mayor to executed Amendment No. 8 to the Professional Services Agreement with Moffatt & Nichol in the amount of $20,000 for professional engineering services to prepare additional responses to Federal Emergency Management Agency (FEMA) comments and analysis of the City’s FEMA Letter of Map Revision and comparison to the draft Flood Insurance Study and draft Flood Insurance Rate Map and extend the term of the agreement.

11. Amendment to Professional Services Agreement with American Guard Services, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with American Guard Services, Inc. to correct the compensation schedule.

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

Malibu City Council
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2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 65818-65954 listed on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 704 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $567,409.73. City of Malibu payroll check numbers 5225-5226 and ACH deposits were issued in the amount of $230,836.75.

Interim Assistant City Manager/City Treasurer Quinto presented the staff report.

Councilmember Farrer opened the floor for public comment.

Speaker: Ryan Embree
As there were no other speakers present, Councilmember Farrer returned the matter to the table for discussion.

MOTION Councilmember Uhring moved, and Councilmember Pierson seconded a motion to allow and approve warrant demand numbers 65818-65954 listed on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 704 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $567,409.73. City of Malibu payroll check numbers 5225-5226 and ACH deposits were issued in the amount of $230,836.75. The question was called, and the motion carried 3-0, Mayor Pro Tem Silverstein and Mayor Grisanti absent.

12. Fiscal Year 2021-22 Third Quarter Financial Report
Recommended Action: Approve Fiscal Year 2021-22 Third Quarter financial information.

Councilmember Farrer opened the floor for public comment.

Speaker: Ryan Embree
As there were no other speakers present, Councilmember Farrer returned the matter to the table for discussion.

Interim Assistant City Manager/City Treasurer Quinto provided a response to public comment.

MOTION Councilmember Uhring moved, and Councilmember Pierson seconded a motion to approve Fiscal Year 2021-22 Third Quarter financial information.

The question was called, and the motion carried 3-0, Mayor Pro Tem Silverstein and Mayor Grisanti absent.

Malibu City Council
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ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Proposed Budget for Fiscal Year 2022-23
Recommended Action: 1) Conduct the Public Hearing; and 2) Provide direction to staff on the Proposed Budget and Annual Work Plan for Fiscal Year 2022-23.

Interim Assistant City Manager/City Treasurer Quinto, Interim City Manager McClary, Community Services Director Bobbett, Public Works Director DuBoux, Environmental Sustainability Director Bundy, and Planning Director Mollica presented the staff report.

Councilmember Farrer opened the floor for public comment.

Speakers: Jo Drummond and Ryan Embree
Pamela Conley-Ulich was not present at the time of the hearing.

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

The Council directed discussed the item and questions to staff.

MOTION Councilmember Farrer moved, and Councilmember Uhring seconded a motion to receive and file the Proposed Budget and Annual Work Plan for Fiscal Year 2022-

23. The question was called, and the motion carried 3-0, Mayor Pro Tem Silverstein and Mayor Grisanti absent.

RECESS At 8:32 p.m., Councilmember Farrer recessed the meeting. The meeting resumed at 8:39 p.m. with Mayor Pro Tem Silverstein and Mayor Grisanti absent.

B. Collection of Fees for the Implementation of the California Integrated Waste Management Act within the Malibu Garbage Disposal District Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 22-18 authorizing collection on the County Tax Roll of a fee from residential and commercial premises for the cost of preparing, adopting and implementing the City’s Source Reduction and Recycling Element and Household Hazardous Waste Element imposed by Resolution No. 03-30.

Environmental Sustainability Director Bundy presented the staff report.

Councilmember Farrer opened the floor for public comment. As there were no speakers present, Councilmember Farrer returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

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MOTION Councilmember Pierson moved, and Councilmember Uhring seconded a motion to adopt Resolution No. 22-18 authorizing collection on the County Tax Roll of a fee from residential and commercial premises for the cost of preparing, adopting and implementing the City’s Source Reduction and Recycling Element and Household Hazardous Waste Element imposed by Resolution No. 03-30. The question was called, and the motion carried 3-0, Mayor Pro Tem Silverstein and Mayor Grisanti absent.

ITEM 5 OLD BUSINESS
A. Potential Tax Measures and Other Potential Measures
Recommended Action: 1) Receive report on potential tax measures requested by the City Council; 2) Direct staff to bring back resolutions to submit the question to the voters, setting priorities for arguments and rebuttals; and 3) Direct the City Attorney to prepare an impartial analysis.

Deputy City Manager Shavelson presented the staff report.

Councilmember Farrer opened the floor for public comment.

Speakers: Ryan Embree, Jo Drummond, and Norm Haynie.

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

The Council directed questions to staff and discussed the item.

The Council received the report and provided direction to staff.

ITEM 6 NEW BUSINESS
A. Malibu Library Set Aside Fund for Fiscal Year 2022-2023 Recommended Action: Approve the use of Set Aside Funds for the Malibu Library for Fiscal Year 2022-2023.

Deputy City Manager Shavelson presented the staff report.

Councilmember Farrer opened the floor for public comment.

Speakers: Laura Rosenthal, John Erickson, Laura Bollinger, Jefferson Wagner, Theresa Earle, Katherine Hennigan, Ryan Embree, and Jo Drummond.

Pamela Conley-Uhlich was not present at the time of the hearing.

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

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Minutes of May 23, 2022

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The Council discussed the item and directed questions to staff, Los Angeles County Administrative Deputy Grace Reyes, and Laura Rosenthal.

MOTION Councilmember Farrer moved, and Councilmember Pierson seconded a motion to approve the use of Set Aside Funds for the Malibu Library for Fiscal Year 2022- 2023 as recommended by the Library Subcommittee and including the endowment for the Los Angeles County Library Foundation. The question was called, and the motion carried 2-1, Councilmember Uhring opposed and Mayor Pro Tem Silverstein and Mayor Grisanti absent.

ITEM 7 COUNCIL ITEMS
None.

ADJOURNMENT
At 10:15 p.m. Councilmember Farrer 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)
ATTACHMENT 3

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
MAY 27, 2022

TELECONFERENCED - VARIOUS LOCATIONS
2:00 P.M.

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

MEETING CALL TO ORDER
Mayor Grisanti called the meeting to order at 2:00 p.m.

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

PRESENT: Mayor Paul Grisanti and Councilmembers Karen Farrer, Mikke Pierson, and Steve Uhring
ABSENT: Mayor Pro Tem Bruce Silverstein
ALSO PRESENT: John Cotti, Interim City Attorney; Steve McClary, Interim City Manager; and Kelsey Pettijohn, City Clerk

PUBLIC COMMENT ON CLOSED SESSION
Mayor Grisanti opened the floor to public comment.

Speakers: None.

RECESS TO CLOSED SESSION
At 2:01 p.m., on the advice of counsel and based on existing facts and circumstances, the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Personnel Matters pursuant to Government Code Section 54957:

1. Public Employee Appointment
Title: City Manager
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:

1. City representative: Interim City Attorney John Cotti Unrepresented employee: Interim City Manager Steve McClary Malibu City Council
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Conference with Legal Counsel – Anticipated Litigation

1. Pursuant to Government Code section 54956.9(d)(4)
Initiation of litigation: One matter
At 2:26 p.m., Mayor Grisanti called the meeting back to order with Mayor Pro Tem Silverstein absent.

CLOSED SESSION REPORT
Interim City Attorney Cotti reported that the meeting convened at 2:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Sections 54957, 54957.6, and 54956.9(d)(4) with all Councilmembers present. He stated the Council discussed terms of the City Manager’s agreement, and that an item would appear on the next City Council Regular meeting agenda for consideration by the Council at a public meeting as was required. He stated on the matter of potential anticipated litigation, the Council heard from attorney Steve Taber and decided to take no action.

ADJOURNMENT
MOTION At 2:29 p.m., Councilmember Pierson moved, and Councilmember Farrer seconded a motion to adjourn the meeting. The question was called and the motion carried 4- 0, Mayor Pro Tem Silverstein absent.

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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: June 27, 2023 Meeting date: July 10, 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
07-10-23
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
Attachment 1
Resolution No. 23-14

Page 2 of 3 ends

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

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

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

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

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

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

PASSED, APPROVED, and ADOPTED this 13th day of March 2023.

ATTEST:

KELSE P 'T�erk
(seal)'
ORM:
rim City Attorney
/7-_ /y�
BR CE SILVERSTEIN, Mayor
... ,
Resolution No. 23-14

Page 3 of 3 ends

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:

A YES: 5 Councilmembers:

NOES: 0
ABSTAIN: 0
ABSENT: 0
KELSEY . TT&¼--�F- 1-k -J
(seal)
Grisanti, Riggins, Stewart, Uhring, Silverstein

Page 1 of 2 ends

Agenda Item # 3.B.5.

Council Agenda Report
To: 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: June 20, 2023 Meeting date: July 10, 2023 Subject: Grant Writing Services Agreement with Townsend Public Affairs Inc.

RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Townsend Public Affairs Inc. for grant writing services.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 in Account No. 100-7003-5105.

WORK PLAN: This item was not included in the Adopted Work Plan for FY 2022-23. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: At the February 27, 2023 City council meeting, the City Council directed staff to issue a Request for Proposals (RFP) for contract grant writing services. City staff have done an excellent job of identifying and obtaining millions of dollars in funding over the years, but with staffing shortages and many competing priorities for staff time it was recommended that an RFP process for Grant Services be conducted. On April 5, 2023, the City released a RFP for qualified firms that could provide grant writing services for the City of Malibu. Proposals for the RFP were due on May 1, 2023. The City received 14 proposals in response to the RFP. Staff reviewed the submitted proposals and interviewed four contractors on June 8 and 14, 2023. Following the interviews, staff contacted references, verified the cost proposals, and confirmed the contractor’s specifications in their submitted proposal. Based on the information, staff selected Townsend Public Affairs Inc (TPA). TPA had excellent references and demonstrated outstanding professionalism, experience, and reliable communication. Discussions with TPA and cities they currently work with highlighted that the firm will also add value by providing funding advocacy, including pursuing federal earmarks, in addition to traditional grant writing services. The annual cost of services is a fixed cost of $6,500 per month or an annual total of $78,000.

City Council Meeting
07-10-23
Item

3.B.5.

Page 2 of 2 ends

Agenda Item # 3.B.5.

Staff recommends that the Council authorize the Mayor to execute a Professional Services Agreement with Townsend Public Affairs Inc. for grant writing services.

ATTACHMENTS: Professional Services Agreement with Townsend Public Affairs Inc.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of July 10th, 2023 by and between the City of Malibu (hereinafter referred to as the "City"), and Townsend Public Affairs Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating to Grant Writing.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective on July 10th, 2023, and will remain in effect for a period of two years from said date with two additional one year terms to be added solely at the City of Malibu’s discretion, for a total of four years, unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his or her designee, has the authority to provide that approval or authorization.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall be $6,500 per month, for a two year term, total amount not to exceed $156,000. At the City’s discretion two additional years can be added to the term with the existing $6,500 per month rate for a total of $78,000 per year ($156,000 for these two additional years for a total possible four year term total amount not Attachment 1
Agreement for Professional Services
Townsend Public Affairs Inc.

Page 2 of 9 ends

to exceed $312,000.00) No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

5.1 The Consultant represents that no City employee or official has a material financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.

5.2 If a portion of the Consultant’s services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination. If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

Page 3 of 9 ends

and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
(a) Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Comprehensive general and automobile liability insurance protecting the Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000. Each such policy of insurance shall:
1) Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
2) Name and list as additional insured the City, its officers and employees.
3) Specify its acts as primary insurance.
4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of such cancellation or material change." 5) Cover the operations of the Consultant pursuant to the terms of this Agreement.

Page 4 of 9 ends

attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. 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 and will survive termination of this Agreement.

OR FOR AGREEMENTS WITH DESIGN PROFESSIONALS (architect, landscape architect, professional engineer, or land surveyor – See Civil Code Section 2782.8) USE THE FOLLOWING:

6.5 Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Consultant’s negligent, reckless or willful misconduct. 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 and will survive termination of this Agreement.

6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances and codes of the federal, state, county and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between the City and the Consultant.

6.7.1. The Consultant shall be an independent contractor, and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall Agreement for Professional Services
Townsend Public Affairs Inc.

Page 5 of 9 ends

at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such Agreement for Professional Services
Townsend Public Affairs Inc.

Page 6 of 9 ends

correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as Agreement for Professional Services
Townsend Public Affairs Inc.

Page 7 of 9 ends

follows:

CITY: Steve McClary CONSULTANT: Christopher Townsend
City Manager President
City of Malibu Townsend Public Affairs
23825 Stuart Ranch Road 1401 Dove Street Suite 330
Malibu, CA 90265-4861 Newport Beach, CA 92660
TEL (310) 456-2489 x 226 TEL (949) 399-9050
FAX (310) 456-2760

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. 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 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.

7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
Agreement for Professional Services
Townsend Public Affairs Inc.

Page 8 of 9 ends

This Agreement is executed on _____________________, at Malibu, California, and effective as of July 10, 2023.

CITY OF MALIBU:
___________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Agreement for Professional Services
Townsend Public Affairs Inc.

Page 9 of 9 ends

CONSULTANT:
_______________________________
By:

APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney

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Page 1 of 2 ends

Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: June 6, 2023 Meeting date: July 10, 2023 Subject: Los Angeles County Measure R Transportation Funding Agreement Amendment
RECOMMENDED ACTION: Authorize the Mayor to execute the Los Angeles County Measure R Funding Agreement Amendment for the Pacific Coast Highway Median Improvements Project.

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

WORK PLAN: This item was included as item 8u in the Adopted Work Plan for Fiscal Year (FY) 2022-2023. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: Los Angeles County Measure R was approved by voters in 2008. Measure R provides a half-cent sales tax increase for Los Angeles County to finance new transportation projects and programs. Measure R was projected to generate $40 billion to transportation projects throughout Los Angeles County over the next 30 years. The City’s allocation from Measure R is $26.3 million. The County of Los Angeles provided the City with an additional $12 million for a total allocation to the City of $38.3 million. There is no impact to the General Fund associated with the expenditure of Los Angeles County Measure R funding. The City identified PCH Median Improvements to use the City’s Measure R funding.

The Pacific Coast Highway Median Improvements project consists of replacing the existing median from Webb Way to Puerco Canyon Road.

City Council Meeting
07-10-23
Item

3.B.6.

Page 2 of 2 ends

Agenda Item # 3.B.6.

A funding agreement for this project was initially approved in April 2017. This amendment to the funding agreement adjusts the project schedule to accommodate the additional time needed to adjust the project scope and to develop project alternatives to meet the project overall funding and intent.

ATTACHMENTS: Funding Amendment Agreement with Los Angeles County for the PCH Median Improvements Project
FTIP #: LA0G956
Subregion ID: LVMCOG
Project#: MR311.26
Amendment No. 3
FA# 920000000MR31126
Rev: 10.26.2022 1 Measure R Funding Agreement Amendment Highways – General
AMENDMENT No. 3 TO MEASURE R FUNDING AGREEMENT

BETWEEN CITY OF MALIBU AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 3 to the Funding Agreement (this “Amendment”), is dated as of January 28, 2023 by and between the City of Malibu ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. Grantee and LACMTA entered into that certain Funding Agreement No.920000000MR31126, dated February 14, 2017, which was amended on June 18, 2020 and June 28, 2021, (the "Existing FA"), which Existing FA provides for the Pacific Coast Highway Raised Median Channelization from Webb Way to Puerco Canyon Road, Project (the “Project”); and
B. WHEREAS, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding agreement lapse dates to meet PA&ED, PS&E, and Construction time frames; and
C. WHEREAS, the Grantee and LACMTA desire to extend the lapsing date of FY 2015- 16 Project Funds, FY 2016-17 Project Funds, and FY 2017-18 Project Funds; and D. Grantee and LACMTA desire to amend the Existing FA as provided herein.

Attachment 1
FTIP #: LA0G956
Subregion ID: LVMCOG
Project#: MR311.26
Amendment No. 3
FA# 920000000MR31126
Rev: 10.26.2022 2 Measure R Funding Agreement Amendment Highways – General
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Section 9.1 (vii) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “(vii) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY 2013-14 and FY 2014-15 have been expended and are no longer available. All Funds programmed for FY2015-16 are subject to lapse by June 30, 2025. All Funds programmed for FY2016-17 are subject to lapse by June 30, 2025. All Funds programmed for FY2017-18 are subject to lapse by June 30, 2025.”

2. Part II, Paragraph 12 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following:
“12. COMMUNICATIONS:

12.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA’s contribution to the Project as more particularly set forth in “Funding Recipient Communications Guidelines” available online at http://metro.net/partners-civic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.

12.2 For purposes of this Agreement, “Communications Materials” include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of “Communications Materials” is found in the Funding Recipient Communications Guidelines.

12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.

12.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.

12.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE’s compliance with the terms and conditions of this Section. GRANTEE’s failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.”
FTIP #: LA0G956
Subregion ID: LVMCOG
Project#: MR311.26
Amendment No. 3
FA# 920000000MR31126
Rev: 10.26.2022 3 Measure R Funding Agreement Amendment Highways – General

3. Attachment B1-2 of the Existing FA is hereby replaced by Attachment B1-3, attached.

4. Attachment C-2 of the Existing FA is hereby replaced by Attachment C-3, attached.

5. The parties have agreed that the Monthly Progress Report is no longer required and therefore, Attachment D-1 and all references thereto are hereby deleted.

6. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged.

FTIP #: LA0G956
Subregion ID: LVMCOG
Project#: MR311.26
Amendment No. 3
FA# 920000000MR31126
Rev: 08.22.2022 4 Measure R Funding Agreement Amendment Highways – General
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to the FA to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:

City of Malibu
By: _______________________________________ Date: ____________________ Bruce Silverstein
Mayor
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Trevor Rusin
Interim City Attorney
SOURCES OF FUNDS Prior
Expenditures
FY 2022-23
Qtr1
FY 2022-23
Qtr 2
FY 2022-23
Qtr 3
FY 2022-23
Qtr 4
FY 2023-24
Qtr1
FY 2023-24
Qtr 2
FY 2023-24
Qtr 3
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $733,955 $733,955
PS&E $465,044 $465,044
RW Support $0
Const. Support $10,640 $10,361 $50,000 $75,000 $90,000 $90,000 $326,001 RW $0
Construction $525,000 $600,000 $2,500,000 $1,300,000 $4,925,000 Total MEASURE R $1,209,639 $10,361 $0 $0 $575,000 $675,000 $2,590,000 $1,390,000 $6,450,000 SUM PROG LACMTA FUNDS: $1,209,639 $10,361 $0 $0 $575,000 $675,000 $2,590,000 $1,390,000 $6,450,000 OTHER NON LACMTA FUNDING:

LOCAL:

PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction $0
Total LOCAL $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDING
FY20-21, FY21-22, and FY22-23 $1,209,639 $10,361 $0 $0 $575,000 $675,000 $2,590,000 $1,390,000 $6,450,000 SOURCES OF FUNDS FY 2023-24
Qtr 4
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction $250,000 $250,000 $500,000
Total MEASURE R $250,000 $250,000 $0 $0 $0 $0 $0 $0 $500,000 SUM PROG LACMTA FUNDS: $250,000 $250,000 $0 $0 $0 $0 $0 $0 $500,000 OTHER NON LACMTA FUNDING:

LOCAL:

PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction $0
Total LOCAL $0 $0 $0 $0 $0 $0 $0 $0 $0
SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDING
FY22-23, FY23-24, and FY24-25 $250,000 $250,000 $0 $0 $0 $0 $0 $0 $500,000

SUMMARY OF ALL FUNDS
PAED $733,955 $0 $0 $0 $0 $0 $0 $0 $733,955
PS&E $465,044 $0 $0 $0 $0 $0 $0 $0 $465,044
RW Support $0 $0 $0 $0 $0 $0 $0 $0 $0
Const. Support $10,640 $10,361 $0 $0 $50,000 $75,000 $90,000 $90,000 $326,001 RW $0 $0 $0 $0 $0 $0 $0 $0 $0
Construction $250,000 $250,000 $0 $0 $525,000 $600,000 $2,500,000 $1,300,000 $5,425,000 TOTAL MILESTONES $1,459,639 $260,361 $0 $0 $575,000 $675,000 $2,590,000 $1,390,000 $6,950,000 SUM PROG LACMTA FUNDS $1,459,639 $260,361 $0 $0 $575,000 $675,000 $2,590,000 $1,390,000 $6,950,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $1,459,639 $260,361 $0 $0 $575,000 $675,000 $2,590,000 $1,390,000 $6,950,000 ATTACHMENT B1-3 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA # 920000000MR31126

PROGRAMMED SOURCES OF FUNDS
Project Title: P.C.H Raised Median and Channeliation from Webb Way to Puerco Canyon Road Project# MR311.26 FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 3
Funding Agreement # 920000000MR31126
Rev: 11.1.14 1 FA Attachment C
Scope of Work
ATTACHMENT C-3

SCOPE OF WORK
PROJECT TITLE:

Pacific Coast Highway Raised Median and Channelization from Webb Way to Puerco Canyon Road PROJECT LOCATION:

The project is located along Pacific Coast Highway/State Route 1 (PCH/SR 1) in the City of Malibu and the County of Los Angeles.

PROJECT LIMITS:

The project limits are along PCH/SR1 from the intersection of Webb Way to the intersection of Puerco Canyon Road. A distance of approximately 2 miles.

NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:

This project is intended to improve the safety and operations of the highway for all modes of travel by upgrading the raised medians and modifying the cross section of the highway. The project will upgrade and modify the design and seek to reduce the width of the existing medians to improve channelization, standardize lane widths, increase control of turn movements and create additional space for motorists, pedestrians, cyclists, transit and parked cars.

PROJECT BACKGROUND:

The median conditions vary throughout the approximately 2 mile segment. In general, the raised concrete median is old and in need of replacement. In some areas, the raised median is dilapidated and provides little to no grade separation from the travel way. In other sections, cracks have developed allowing weeds to grow requiring maintenance while other areas are simply gravel filled and covered in weeds requiring significant maintenance effort. While other sections have no raised median and provide no physical barriers between the north and south bound travel with a speed limit of 50 MPH.

The project will not only remove and reinstall the raised medians but also seek to reduce the width of the medians to provide more space for multi modal use. The existing medians vary in width from 16’ to 4’ adjacent to turn lanes at the intersections. In most areas, the medians are oversized for their intended purpose. The reconfigured medians would allow for the standardization of lane width and the creation of wider shoulders in some areas. The existing highway shoulders are utilized simultaneously by pedestrians, cyclists, transit, parked cars and other users which creates the potential for conflict. The project will create more space for all users to utilize the lanes and shoulders and reduce the likelihood of collision. Together these improvements would serve to improve traffic flow, promote active transportation and reduce incident delay.

PROJECT BUDGET:

COMPONENT AMOUNT
PA/ED $733,955
PS&E $465,044
Construction Support $326,001
Construction Capital $5,425,000
Total Budget $6,950,000

FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 3
Funding Agreement # 920000000MR31126
Rev: 11.1.14 2 FA Attachment C
Scope of Work

SCOPE:

In general, the Pacific Coast Highway Raised Medians and Channelization From Webb Way to Puerco Canyon Road (“project”) consists of improvements along Pacific Coast Highway from Webb Way to Puerco Canyon Road. The project will include demolition and earthwork to remove the existing medians and install new raised medians. Work to install the new raised medians may include but is not limited to concrete work, concrete curb and gutter, stormwater conveyance, landscaping and associated utility work. The project shall also include the removal of the existing striping, the installation of new striping, signage and other traffic control devices, asphalt concrete overlay and associated work such as landscaping, irrigation, traffic loops, utility work and other minor components. A stormwater pollution prevention plan and traffic control plan will be prepared and implemented for the project.

PA/ED

The City will contract with a consultant for environmental analysis and permitting services, design services and design services during construction for the project. City staff shall perform project management and oversight.

I. Environmental Analysis – Environmental Clearance and Coastal Development Permit Product

City and Consultant to perform the following tasks:

A. Define a complete and detailed project description and delineate project study areas B. Conduct technical analysis as required for the project including archeological and other studies
C. Prepare environmental documents consistent with CEQA Guidelines for review and approval by the City following completion of appropriate technical analysis and studies.

D. Prepare technical analysis or studies consistent with the City of Malibu’s Local Coastal Program as required for the Coastal Development Permit E. Prepare the Coastal Development Permit Application for review by the City F. Prepare the environmental documents and the Coastal Development Permit application for public circulation
G. Make presentations to regulatory and permitting agencies as necessary H. Prepare responses to public review of draft environmental documents and the Coastal Development Permit application.

I. Prepare all other permit applications, technical studies and notifications required for the project.

DESIGN

The consultant will provide design services and City staff will perform project management and oversight.

I. Preliminary Design – “Design Memo and Renderings” and Caltrans approved Project Initiation Document as Final Work
City and Consultant to perform the following tasks:

FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 3
Funding Agreement # 920000000MR31126
Rev: 11.1.14 3 FA Attachment C
Scope of Work
A. Conduct field investigations to analyze the existing conditions and identify design issues. Record existing site conditions in drawings, photographs and/or video.

B. Examine and review all Right-of-Way maps, Parcel Maps, As-Built drawings and all other existing documents as appropriate.

C. Research, review and understand City of Malibu Local Coastal Program and City of Malibu General Plan.

D. Provide a complete survey of the project area, establishing horizontal and vertical control for the project.

E. Identify and coordinate with all utilities in the project area to facilitate the final design of the Project.

F. Work with Caltrans to develop the project’s scope and preliminary design to ensure acceptance by Caltrans and compatibility with the Caltrans’ proposed median improvement project from Puerco Canyon Road to Corral Canyon Road.

G. Prepare and submit a Project Initiation Document detailing the proposed project improvements and the supporting engineering analysis.

H. Work with Caltrans, County of Los Angeles, Los Angeles Country Metropolitan Transportation Authority, Pepperdine University and any other applicable municipal or regulatory agencies to develop the project’s scope and preliminary design to ensure acceptance of proposed work within the Caltrans’ right of way.

I. Prepare and submit a “Design Memo” detailing the proposed project improvements and the supporting engineering analysis.

J. Prepare and submit a Preliminary Engineer’s Construction Cost Estimate for all recommended improvements identified in the “Design Memo.” K. Prepare rendering of recommended improvements identified in the “Design Memo.”
II. Final Design – Plans, Specifications and Estimates as Final Work Product

Consultant to perform the following tasks:

A. Design the roadway and sidewalk improvements based on the City reviewed “Design Memo.”
B. Prepare civil plans for the improvements, consistent with City format.

C. Submittal of plan set shall be delivered at 50%, 90% complete and final. Submittals at 50%, 90% and final levels of plans and specifications shall be submitted in hard copy and electronic formats.

D. Assist the City and conduct a Public Meeting at 50%, 90% submittal by preparing exhibits and attending workshop and be prepared to present the proposed project and discuss concerns of the residents, property owners and other stakeholders.

E. Work with Caltrans’ to ensure compatibility and connectivity with the Caltrans’ proposed median improvement project from Puerco Canyon Road to Corral Canyon Road.

F. Prepare technical construction specifications consistent with City format (SSPWC “Greenbook” and CSI Format, most recent editions).

G. Submittal of specifications shall be delivered to the City at 50%, 90% complete and final in hard copy and electronic formats.

H. Prepare an Engineer’s Construction Cost Estimate based on the itemized quantity take-off from the contract documents.

I. Submittal of the Engineer’s Construction Cost Estimate shall be delivered to the City at 50%, 90% complete and final in hard copy and electronic formats.

FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 3
Funding Agreement # 920000000MR31126
Rev: 11.1.14 4 FA Attachment C
Scope of Work
J. Prepare a Stormwater Pollution Prevention Plan that satisfies the requirements of the City’s stormwater program, Caltrans requirements and all other applicable regulatory agencies.

K. Prepare a traffic control plan that satisfies the requirements of the City and Caltrans.

III. Caltrans Permitting
Consultant to perform the following tasks:

A. Determine the permitting documents and process required by Caltrans (Project Report, Project Study Report, Preliminary Engineering Evaluation Report, Encroachment Permit, etc.)
B. Prepare all Caltrans required permit documentation for the project in accordance with Caltrans
C. Conduct coordination meetings with Caltrans to facilitate permitting.

D. Submittal of plan set shall be delivered at 50%, 90% complete and final. Submittals at 50%, 90% and final levels of plans and specifications shall be submitted in hard copy and electronic formats.

E. Assist the City and conduct a Public Meeting at 50%, 90% submittal by preparing exhibits and attending workshop and be prepared to present the proposed project and discuss concerns of the residents, property owners and other stakeholders.

IV. Project Coordination - Preparation of Periodic Updated Schedule, Deliverables and Meetings

Consultant to perform the following tasks:

A. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City shall include but are not limited to:

Project Kick-off Meeting, presentation of “Design Memo”, regular progress meetings and preparation for the Public Meetings at 50% and 90% design completion.

B. Provide periodic schedule updates on deliverables and meetings as changes to the original schedule occur or as needed based on the needs of the project.

V. Project Management
City to perform the following tasks:

A. Coordinate and oversee environment analysis, Caltrans coordination, permitting, Caltrans permitting, preliminary design, final design and public outreach.

CONSTRUCTION

The City may contract for construction management services for the project through the Request for Proposal process or perform construction management services with City staff. City staff will provide FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 3
Funding Agreement # 920000000MR31126
Rev: 11.1.14 5 FA Attachment C
Scope of Work
construction management oversight and hire consultants as necessary. The City will award a low-bid contract for construction. The following tasks shall be performed:

I. Construction Management
City and consultant to perform the following tasks:

A. The Construction Manager (City staff or consultant) will provide contract administration and construction management as well as materials testing and inspection.

B. The Construction Manager shall meet with the City and Design Consultant to perform work as needed to accomplish Project tasks including but is not limited to: Pre-Bid Meeting, Pre-Construction Meeting, regular progress meetings and the review and preparation of Request for Information responses, Request for Change Order responses, progress payment requests, submittals, shop drawings, change orders and project closeout.

II. Design Services During Construction – Responses to RFIs, RFCs, Progress Payment Requests, Review of Submittals, Shop Drawings and Change Orders Consultant to perform the following tasks:

A. The Design Consultant shall meet with the City and the Construction Manager and perform work as needed to accomplish Project tasks including but is not limited to: Pre-Bid Meeting, Pre-Construction Meeting, regular progress meetings and the review and preparation of Request for Information responses, Request for Change Order responses, progress payment requests, submittals, shop drawings, change orders, and project closeout.

III. Construction Contract

Contractor will perform the following tasks:

A. Construct project in accordance with the plans and specifications.

IV. Project Management
City to perform the following tasks:

A. Coordinate and oversee construction, construction management, and design services during construction.

B. Host Ribbon Cutting Ceremony.

MILESTONES: The estimated implementation schedule for this project will be as follows Milestone Estimated Timeframe
(a) Preliminary Design February 2017 – March 2019
(b) Final Design March 2019 –September 2021
(c) Environmental Analysis and Permitting September 2019 – October 2021 FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 3
Funding Agreement # 920000000MR31126
Rev: 11.1.14 6 FA Attachment C
Scope of Work
(d) Public Bid for Construction June 2023 – July 2023
(e) Award Construction Contract August 2023 – September 2023 (f) Construction December 2023 – April 2024

CONSTRUCTION MILESTONES: The estimated implementation schedule for this project will be as follows.

START DATE COMPLETION DATE
Solicitation (Bid/Proposal)
Develop Solicitation Package June 2023 July 2023
Solicitation Response July 2023
Evaluations July 2023
Selection September 2023
City Council Approval Process September 2023
Contract Award September 2023
Fully Executed Contract September 2023
Excavation
Clear/Grub December 2023 December 2024
Survey December 2023 December 2024
Grading December 2023 December 2024
Compaction December 2023 December 2024
Drainage December 2023 December 2024
Median & Associated Landscape Work December 2023 December 2024 Concrete December 2023 December 2024
Form Work December 2023 December 2024
Asphalt Concrete December 2023 December 2024
AC Overlay December 2023 December 2024
Traffic Control December 2023 December 2024
TMP December 2023 December 2024
Utilities December 2023 December 2024
DWP December 2023 December 2024
SCE December 2023 December 2024
Materials December 2023 December 2024
Staging December 2023 December 2024
Signage December 2023 December 2024

START DATE COMPLETION DATE
General Construction/close out project December 2024 January 2025 Change Orders
P.O. Processing Time November 2024 January 2025
Weather Delays November 2024 January 2025
Third Party Issues November 2024 January 2025
Claims November 2024 January 2025
FTIP #: LA0G956
Subregion ID: LVMCOG
Project# MR311.26
Amendment No. 3
Funding Agreement # 920000000MR31126
Rev: 11.1.14 7 FA Attachment C
Scope of Work
ATTACHMENT C -Location Map(s)

Page 1 of 2 ends

Agenda Item # 3.B.7.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: June 2, 2023 Meeting date: July 10, 2023 Subject: Amendment to Professional Services Agreement for On-Call Land Surveying Services
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No.1 to Professional Services Agreement with MNS Engineers, Inc. for On-Call Land Surveying Services to extend the term of the existing agreement for one-year and update the rates.

FISCAL IMPACT: No appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 in Account No.100-3008-5100 (Professional Services). The agreement amount is per the updated rates attached to the amendment and is based on an hourly rate for services rendered.

WORK PLAN: This item was not included in the Adopted Work Plan for FY 2022-23. This project is part of normal staff operations. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: The On-Call Land Surveying Services agreement provides various land surveying services to the City including performing topographic and construction surveys, preparing legal descriptions, right-of-way maps and other survey reports, and reviewing certificate of compliances, tract maps, parcel maps and other surveying documents.

On August 10, 2020, the City entered into an agreement with MNS Engineers, Inc. to provide On-Call Land Surveying Services. This agreement has been used for a variety of tasks including reviewing certificate of compliances, tract maps, parcel maps, and performing land surveying and land record research.

City Council Meeting
07-10-23
Item

3.B.7.

Page 2 of 2 ends

Agenda Item # 3.B.7.

MNS Engineers, Inc. has performed successfully with the tasks assigned to them. The term of the agreement is scheduled to expire on August 10 and Amendment No. 1 will extend the term of the agreement for one additional year.

Staff recommends the City Council approve Amendment No.1 to the Agreement with MNS Engineers, Inc. extending the term of the agreement for one year and updating their rate schedule.

ATTACHMENTS:

1. Amendment No. 1 to MNS Engineers, Inc.

AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on July 10, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and MNS Engineers, Inc., hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On August 10, 2020, the City entered into an Agreement with Consultant for on-call land surveying services (the “Agreement”).

B. The City desires to amend the Agreement extending the term of this agreement and update the rate schedule.

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 August 10, 2024.

2. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended as set forth in Exhibit B attached hereto.

3. 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.

4. 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 August 10, 2023.

CITY OF MALIBU:
____________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: Jeff Edwards
Title: Vice President
Attachment 1
20 2 3 S T ANDARD SCHEDULE OF FEES

PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge............................... $325 Senior Project/Program Manager......310
Project/Program Manager.................... 260
Assistant Project/Program Manager 245
Senior Project Coordinator................... 185
Project Coordinator................................. 155

ENGINEERING
Principal Engineer.................................. $290 Lead Engineer............................................ 255 Supervising Engineer.............................. 245
Senior Project Engineer......................... 225
Project Engineer........................................ 200 Associate Engineer .................................. 180 Assistant Engineer.................................... 165

SURVEYING
Principal Surveyor.................................. $265 Lead Surveyor............................................ 255 Supervising Surveyor.............................. 220
Senior Project Surveyor......................... 200
Project Surveyor........................................ 175 Associate Project Surveyor................... 165
Assistant Project Surveyor.................... 150
Party Chief (PW)........................................ 180 Chainperson (PW) .................................... 150 One-Person Survey Crew (PW)........... 215

CONSTRUCTION MANAGEMENT
Principal Construction Manager...... $315
Senior Construction Manager............. 275
Senior Resident Engineer...................... 250
Resident Engineer.................................... 240 Structure Representative.......................235
Construction Manager...........................220
Assistant Resident Engineer.................200
Sr. Construction Inspector (PW) ........ 175
Construction Inspector (PW) .............. 168
Office Administrator................................ 130

TECHNICAL SUPPORT
CADD Manager....................................... $200 Supervising Technician .......................... 170
Senior Technician..................................... 160 Engineering Technician.......................... 125

ADMINISTRATIVE SUPPORT
Senior Management Analyst.............$185
Management Analyst.............................. 155
IT Technician............................................... 140 Graphics/Visualization Specialist....... 150
Administrative Assistant........................100

GOVERNMENT SERVICES
City Engineer........................................... $250 Deputy City Engineer..............................225
Assistant City Engineer...........................215
Plan Check Engineer................................ 190 Permit Engineer......................................... 185 City Inspector.............................................185 Senior City Inspector (PW) .................. 195
City Inspector (PW).................................. 185 Principal Stormwater Specialist.......... 180
Senior Stormwater Specialist............... 170
Stormwater Specialist............................. 160
Stormwater Technician .......................... 140
Building Official.........................................220 Senior Building Inspector......................235
Building Inspector....................................165 Planning Director......................................225 Senior City Planner ..................................205 Assistant Planner ......................................195 Senior Grant Writer..................................180 Grant Writer................................................170 Associate Grant Writer...........................150
Assistant Grant Writer ............................130

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.

OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classification will be charged at 1 x hourly rate.

EXHIBIT B

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Agenda Item # 3.B.8.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: June 2, 2023 Meeting date: July 10, 2023 Subject: Amendment to Professional Services Agreement for On-Call Traffic Engineering Services
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No.1 to Professional Services Agreement with Kimley Horn & Associates, Inc. for On-Call Traffic Engineering Services to extend the term of the existing agreement for one-year and update the rates.

FISCAL IMPACT: No appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 in Account No.100-3008-5125 (Professional Services). The agreement amount is per the updated rates attached to the amendment and is based on an hourly rate for services rendered.

DISCUSSION: The On-Call Traffic Engineering Services agreement provides various traffic engineering services to the City, including traffic development reviews, evaluating existing traffic conditions and providing recommendations, and assisting the City with developing specific traffic engineering standards.

On August 24, 2020, the City entered into an agreement with Kimley Horn & Associates to provide On-Call Traffic Engineering Services. This agreement has been used for a variety of traffic engineering services including reviewing traffic reports for proposed City Council Meeting
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Item

3.B.8.

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Agenda Item # 3.B.8.
development, conducting an engineering speed study, evaluating request for new stop signs, and collecting traffic data throughout the City.

Kimley Horn & Associates has performed successfully with the tasks assigned to them.

The term of the agreement is scheduled to expire on August 24 and Amendment No. 1 will extend the term of the agreement for one additional year.

Staff recommends the City Council approve Amendment No. 1 to Agreement with Kimley Horn & Associates extending the term of the agreement for one year and updating their rate schedule.

ATTACHMENTS:

1. Amendment No. 1 to Agreement with Kimley Horn & Associates, Inc.

DocuSign Envelope ID: C289E02E-7018-4CD9-81A7-E002514BAB4F AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. I TO AGREEMENT is made and entered in the City of Malibu on July 10, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Kimley-Hom and Associates, Inc. hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

RECITALS
A. On August 24, 2020, the City entered into an Agreement with Consultant for On-Call Traffic Engineering Services (the "Agreement").

B. The City desires to amend the Agreement to extend the tenn of the Agreement and update the rate schedule.

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

I. Section 2.0- Term of Agreement, of the Agreement, is hereby extended to August 24, 2024.

2. Section 4.0 - Compensation for Services, of the Agreement, is hereby amended as set forth in Exhibit B attached hereto.

4. All tenns and conditions of the Agreement not amended by this Amendment No. I remain in full force and effect.

This Agreement is executed on
24, 2023.
________ , at Malibu, California, and effective as of August ATTEST:

KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:

THIS DOCUMENT HAS BEE REVIE\ \'ED

BY THE CITY ATTORNEY'S OFFICE
TREVOR RUSIN, Interim City Attorney
CITY OF MALIBU:

BRUCE SILVERSTEIN, Mayor
CONSUL TANT:

By: Sri Chakravarthy
Title: Vice President/ P.E. 73629
Attachment 1

EXHIBITB
Compensation Schedule
KIMLEY-HORN AND ASSOCIATES, INC.

HOURLY BILLING RATES
SUPPORT STAFF ........................................................................................... $1, 10.00 DESIGNER ...................................................................................................... $145.00 ANALYST [ ..................................................................................................... $135.00 ANALYST JI ................................................................................................... $1 S5.00 PROJECT SUPPORT STAFF ......................................................................... $160.00 PROFESSlONAL I .......................................................................................... $180.00 PROFESSJONAL 11 ......................................................................................... $210.00 PROFESSIONAL lll ....................................................................................... $235.00 SENIOR PROFESSIONAL l ........................................................................... $270.00 SENIOR PROFESSIONAL II ......................................................................... $300.00

EXPENSES
OFFICE EXPENSES (Allocation) .. ................. ................... .................... .. 5% (Covers di reel expenses, such as in-house dup]icating and blueprinting, local mileage, telephone c.aUs. electronic messaging. postage, and word processing) Other Direct Costs: Outside PrinlinwReprodm:tion? Delivery Services/USPS. Misc.

Field Equipment/Supplies, and Travel Expenses w,11 be bi,Jled at cost plus 10%.

Mileage will be bille<l at the Federal Race.

Subconsultants: Billed at cost plus 10%.

Page 1 of 2 ends

Agenda Item # 3.B.9.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: June 2, 2023 Meeting date: July 10, 2023 Subject: Amendment to Professional Services Agreements for On-Call Civil Engineering Services
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Kimley Horn & Associates, Inc. and Amendment No. 1 to Professional Services Agreement with Kasraie Consulting for On-Call Civil Engineering Services to extend the term of the existing agreements for one-year and update the rates.

DISCUSSION: The On-Call Civil Engineering Services agreements provide various engineering services to the City, including plan checking and civil engineering design services.

On August 10, 2020 the City entered into agreements with Kimley Horn & Associates and Kasraie Consulting to provide On-Call Civil Engineering Services. These agreements have been used for a variety of engineering services including updating the City’s Pavement Management Plan, civil engineering design services for Bluffs Park Walkway City Council Meeting
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Agenda Item # 3.B.9.

Repairs, Harbor Vista Drive and Malibu Canyon Road intersection improvements, and Annual Street Maintenance projects, several disaster recover projects, providing engineering grant assistance, and performing plan checking services.

Kimley Horn & Associates and Kasraie Consulting have performed successfully with the tasks assigned to them. The term of these agreements is scheduled to expire on August 10 and Amendment No. 1 will extend the term of the agreements for one additional year.

Staff recommends the City Council approve Amendment No. 1 to Agreement with Kimley Horn & Associates and Amendment No. 1 to Agreement with Kasraie Consulting.

ATTACHMENTS:

1. Amendment No. 1 to Agreement with Kimley Horn & Associates, Inc.

2. Amendment No. 1 to Agreement with Kasraie Consulting OocuSign Envelope ID. B04781A6-3ACB-4AOF-B796-FFD7823E3F25 AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. I TO AGREEMENT is made and entered in the City of Malibu on July 10, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Kimley-Horn and Associates, Inc. hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

RECITALS
A. On August I 0, 2020, the City entered into an Agreement with Consultant for On-Call Civil Engineering Services (the "Agreement").

B. The City desires to amend the Agreement extending the term of the agreement and update the rate schedule.

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

I. Section 2.0 - Term of Agreement, of the Agreement, is hereby extended to August I 0, 2024.

2. Section 4.0 - Compensation for Services, of the Agreement, is hereby amended as set forth in Exhibit B attached hereto.

4. All tenns and conditions of the Agreement not amended by this Amendment No. I remain in full force and effect.

This Agreement is executed on __________ , at Malibu, California, and effective as of August 24, 2023.

ATTEST:

KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:

THIS DOCUMENT HAS BEE REVIEWED

BY THE CITY ATTOR 'EY'S OFFICE
TREVOR RUSIN, Interim City Attorney
CITY OF MALIBU:

BRUCE SILVERSTEIN, Mayor
CONSULTANT:

By: Sri Chakravarty
Title: Vice President/ P.E. 73629
Attachment 1

EXHIBITB
Compensation Schedule
KIMLEY-HORN AND ASSOCIATES, INC.

HOURLY BILLING RATES
SUPPORT STAFF ....................................... ...... .................. .................. .......... $110.00 DESIGNER ..... ... .......... ....... ........... ...... ...... ...................................................... $145.00 ANALYST I ...................................... ........................ .......... ............ .............. ... $135.00 ANALYST 11 .......... ........... ................ ............. .... ..................................... ........ $155.00 PROJECT SUPPORT STAFF ......................................................................... $160.00 PROF'ESS1ONAL I ........................ .............. .................................................... $180.00 PROFESSIONAL ll ......................................... .............................................. .. $210.00 PROFESSIONAL 111 ........................... ................ ............... ............................. $235.00 SENIOR PROFESSIONAL I .......... .......................... ................. ...... ................ $270.00 SENIOR PROFESSIONAL II ............... ... ... ............... ............. .......... .............. $300.00

EXPENSES,
OFFICE EXPENSES (Allocation) ..................... ................••......••........... .. 5% (Covers direct expenses, such as in-house duplicating and b1ueprinling, local mite. age,
telephone calls, electronic messag,ng, poslage, and word processing) Other Direct Costs: Outside PdntinW'Reproduction, Delivery Services/USPS, Misc.

Field Equipment/Supplies, and Travel Expenses will be billed at cost plus I 0%.

Mileage will be billei:t at the Federal Rate.

Subconsultants: Billed at cost plus l0%.

AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on July 10, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Kasraie Consulting, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On August 10, 2020, the City entered into an Agreement with Consultant for On-Call Civil Engineering Services (the “Agreement”).

B. The City desires to amend the Agreement extending the term of the agreement and update the rate schedule.

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 August 10, 2024.

2. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended as set forth in Exhibit B attached hereto.

4. 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 August 10, 2023.

CITY OF MALIBU:
____________________________________
PAUL GRISANTI, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: Hassan Kasraie, Kasraie Consulting Title: President
Attachment 2

Page 1 of 1 ends

KASRAIE CONSULTING
Ventura, CA 93003
Phone: (805) 340-4744
Email: [email protected] | www.KasraieConsulting.com

CITY OF MALIBU

PUBLIC WORKS PROJECTS

RATE SHEET
July 1, 2023 through December 31, 2024

POSITION TITLE
HOURLY

BILLING
RATES
1 Principal Project Manager $224
2 Senior Project Manager $213
3 Senior Project Engineer $202
4 Senior Civil Engineer/Senior Hydrologist $175
5 Civil Engineer / Water Resource Engineer / Hydrologist $142 6 GIS Specialist $131
7 Engineering Technician/CAD Operator $115
8 Office Support/Admin Staff $79

MISCELLANEOUS
Printing, reproduction, postage, delivery, and other services At Cost Mileage outside Ventura County At Current IRS Rate
Subconsultant Markup 15 Percent
Other direct and miscellaneous charges encountered in performance of services, such as permits, supplies not normally used to perform a specific job, etc. are billed at cost with no additional service charge.

Page 1 of 2 ends

Agenda Item # 3.B.10.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: June 9, 2023 Meeting date: July 10, 2023 Subject: Amendment to Professional Services Agreement with Woodard and Curran
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 4 to the Professional Services Agreement with Woodard and Curran to allow for a two-year extension of the existing agreement through August 12, 2025, for engineering design services of the Civic Center Water Treatment Facility Phase Two.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 in Account No. 310-9075-5100 (Civic Center Water Treatment Facility – Phase Two) through a funding agreement with HRL Laboratories.

WORK PLAN: This item was included as item 5a in the Adopted Work Plan for FY 2022-

23. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: On August 12, 2019, the City entered into an agreement with Woodward and Curran to provide engineering design services for CCWTF Phase Two. During the early design phase of this project, it was discovered that additional design work was needed.

On March 22, 2021, Council approved Amendment No. 1 amended the scope of work to include additional geotechnical investigations, modifications of the initial design based upon comments from the Regional Board and additional structural design and permitting requirements requested by Caltrans. Woodard and Curran had to perform additional City Council Meeting
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3.B.10.

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Agenda Item # 3.B.10.
survey work to obtain easements, additional environmental work to amend the Environmental Impact Report. Woodard and Curran also needed to prepare and submit a Coastal Development Permit.

On August 9, 2021, Council authorized Amendment No. 2 amending the scope of work to prepare a new Historic Properties Identification Report (HPIR) that was consistent with the State guidelines at the request of the State Water Resources Control Board (SWRCB).

During the City’s State Revolving Fund (SRF) application review, the SWRCB cultural resources staff indicated that a new HPIR would be required. The new HPIR was not part of the original scope but is needed for the City to acquire the SRF loan.

On June 13, 2022, Council authorized Amendment No. 3 amending the scope to include additional cultural resources soil investigations along the proposed wastewater collection pipeline alignment and to finalize the environmental mitigation measures required for the SRF loan. This amendment also included eliminating and reducing tasks from the original scope of work that were no longer required.

Amendment No. 4 is necessary to extend the term of the agreement. The current agreement is set to expire on August 12, 2023, and staff is requesting Council extend the term of the agreement for two additional years, terminating on August 12, 2025. This contract extension will assist the City in developing an environmental mitigation plan associated with the cultural resource findings. Developing this plan has taken longer than originally anticipated.

ATTACHMENTS: Amendment No. 4 to Agreement with Woodard and Curran AMENDMENT NO. 4 TO AGREEMENT
THIS AMENDMENT NO. 4 TO AGREEMENT is made and entered in the City of Malibu on July 10, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Woodard and Curran, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On August 12, 2019, the City entered into an Agreement with Consultant for engineering design services for the Civic Center Water Treatment Facility Phase 2 (the “Agreement”).

B. On March 22, 2021, the City amended the Agreement to conduct further geotechnical testing, additional work to develop easements, make revisions to the treatment plant and wastewater collection system design, and additional work to submit and obtain a Coastal Development Permit.

C. On August 8, 2021, the City amended the scope of work to include updating the Historical Properties Identification Report as part of the City’s State Revolving Fund (SRF) Loan.

D. On June 13, 2022, the City amended the scope of work for additional cultural resources soil investigations to finalize environmental mitigation measures as part of the SRF loan and reduce the scope of work on other various tasks.

E. The City desires to amend the Agreement extending the term of the Agreement.

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 August 12, 2025.

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. 4 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of August 12, 2023.

Title:

Scott Goldman
Senior Principal, Woodard & Curran

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Agenda Item # 3.B.11.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Rebecca Evans, Senior Administrative Analyst Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: June 22, 2023 Meeting date: July 10, 2023 Subject: Professional Services Agreements for On-Call Publishing, Printing, and Mailing Services
RECOMMENDED ACTION: 1) Authorize the Mayor to execute an agreement with CR Print, Inc. for publishing, printing and mailing services; and 2) Authorize the Mayor to execute an agreement with Totalgraphics for on-call sign and banner printing services.

FISCAL IMPACT: Funding for these agreements was included in the Adopted Budget for FY 2023-24 in numerous accounts. Additional funding will be provided in subsequent fiscal years.

WORK PLAN: This item was not included in the Adopted Work Plan for FY 2022-23.

This project is part of normal staff operations. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

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, signage, and other digital and printed graphics. Some of these materials are published and distributed via the United States Postal Service to community members, while others are distributed digitally.

Typically, these services are obtained on an as-needed basis by each City Department for less than $5,000. However, City staff wish to streamline the purchasing of these City Council Meeting
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Item

3.B.11.

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Agenda Item # 3.B.11.
services by creating a pool of consultants with executed agreements with set price sheets to be utilized by all City Departments.

On April 20, 2023, the City solicited a request for proposals to create a pool of consultants to provide on-call publishing, printing, and mailing services.1 The RFP included owner and occupant mailing data and radius map services as a category vendors could submit pricing for. However, due to long-term staffing shortages City staff do not recommend approval of a professional services agreement for that category. The City received multiple proposals for portions of the services outlined in the RFP. 2 After evaluating the proposals, staff selected two consultants: 1) CR Print for a variety of printing, mailing and publishing services; and 2) Totalgraphics for sign and banner printing services.

ATTACHMENTS:

1. Professional Services Agreement with CR Print

2. Professional Services Agreement with Totalgraphics
1 Distribution included 1,100 subscribers registered to receive notification on the City’s RFP posting; Chamber of Commerce, local print shops and vendors currently utilized by the City of Malibu. 2 Responding firms: Continental, CR Print, NPS & Associates, Response Marketing and Mailing, Quality Mapping Service, Response Marketing and Mailing, SoCal Radius Maps, and Totalgraphics

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of July 10, 2023 by and between the City of Malibu (hereinafter referred to as the "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. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating to on-call publishing, printing and mailing services.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

2.0 TERM OF AGREEMENT. This Agreement will become effective on August 1, 2023 and will remain in effect for a period of two years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule as described in Exhibit B of this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

ATTACHMENT 1
Agreement for Professional Services
Earth Print, Inc.

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4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

5.0 CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement. The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

6.0 GENERAL TERMS AND CONDITIONS.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

Agreement for Professional Services
Earth Print, Inc.

Page 3 of 7 ends

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
(a) Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Comprehensive general and automobile liability insurance protecting the Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000. Each such policy of insurance shall:
1) Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
2) Name and list as additional insured the City, its officers and employees.
3) Specify its acts as primary insurance.
4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of such cancellation or material change."
5) Cover the operations of the Consultant pursuant to the terms of this Agreement.

6.5 Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without Agreement for Professional Services
Earth Print, Inc.

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limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. 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 and will survive termination of this Agreement.

6.7.1. The Consultant shall be an independent contractor, and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

Page 5 of 7 ends

singular shall refer to and include the plural.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will Agreement for Professional Services
Earth Print, Inc.

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Malibu City CouncilJuly 10, 2023

Malibu City Council
July 10, 2023