Malibu City Council
September 11, 2023

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

Amended Meeting Agenda
230911_AMENDED_AGENDA.PDF
Item 3A1
Second Reading and Adoption of Ordinance No. 509
CC230911_ITEM 3A1.PDF
Item 3B2
Approve Warrants
CC230911_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC230911_ITEM 3B3.PDF
Item 3B4
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
CC230911_ITEM 3B4.PDF
Item 3B5
Professional Services Agreement with Iris Consulting
CC230911_ITEM 3B5.PDF
Item 3B6
Assignment of Agreement to Bureau Veritas North America, Inc.

CC230911_ITEM 3B6.PDF

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. Documents:

Item 3B6
Assignment of Agreement to Bureau Veritas North America, Inc.

CC230911_ITEM 3B6.PDF
Item 3B7
Amendment No. 2 to Agreement with Environmental Science Associates for the Coastal Vulnerability Assessment
CC230911_ITEM 3B7.PDF
Item 4A
An amendment to Title 17 (Zoning) of the Malibu Municipal Code and the Local Coastal Program to Update Regulations Related to Accessory Dwelling Units CC230911_ITEM 4A.PDF
Item 4B
Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development CC230911_ITEM 4B.PDF
CC230911_ITEM 4B_SUPPLEMENTAL.PDF
Item 5A
Woolsey Fire Fee Waiver Program and Rebuild Deadlines
CC230911_ITEM 5A.PDF
Item 6A
Outdoor Warning Sirens System
CC230911_ITEM 6A.PDF
Item 6B
Code Enforcement Ad Hoc Committee
CC230911_ITEM 6B.PDF

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:

CC230911_ITEM 6B.PDF
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.

Amended1 Malibu City Council
Regular Meeting Agenda
Monday, September 11, 2023
5:45 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/89677362746
Five-forty-five p.m. Convene for Purpose of Closed Session Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
1 See the corrected title for Ordinance and Public Hearing Item No. 4.B. and the addition of a second potential case for Closed Session
AMENDED City Council Regular Meeting Agenda Page - 2 - September 11, 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. Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting.

At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.

Conference with Legal Counsel – Anticipated Litigation

1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (2)
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 – August 31, 2023; Amended Agenda posted September 8, 2023 Approval of Agenda

1. Ceremonial/Presentations
A. Proclamation Declaring September 17-September 23, 2023 Constitution Week B. Presentation on Fire Season Preparedness
C. Presentation on Coastal Vulnerability Project

2. Written and Oral Communications from the Public
A. Communications from the Public concerning matters which are not on the agenda but for which the City Council has subject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.

B. Commission / Committee / City Manager Updates
C. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
AMENDED City Council Regular Meeting Agenda Page - 3 - September 11, 2023

3. Consent Calendar

A. Previously Discussed Items

1. Second Reading and Adoption of Ordinance No. 509
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 509, an ordinance of the City of Malibu amending Zoning Map Amendment (ZMA) No. 17-002 and Zoning Text Amendment (ZTA) No. 20-001 to effectuate previous amendments made to Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 to rezone and change the land use designation of the properties located at 22741 and 22729 Pacific Coast Highway from Community Commercial (CC) to Commercial Visitor Serving-2 (CV-2), a new Seaview Hotel Overlay District with associated development standards, including a proposed floor area ratio of 0.52 for the public benefits provided by the project (the amendments to the ZMA and ZTA are corollary to LCPA and will not be effective until the LCPA is certified by the CCC), and finding the action to require no further environmental review and/or to be exempt from such review under the California Environmental Quality Act (CEQA).

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 70137-70225 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. 731 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $749,004.09. City of Malibu payroll check number 5368-5370 and ACH deposits were issued in the amount of $610,553.22.

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

3. Approval of Minutes
Recommended Action: Approve the minutes for the October 10, 2022 Malibu City Council Regular meeting, October 24, 2022 Malibu City Council Regular meeting, October 28, 2022 Malibu City Council Special meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 AMENDED City Council Regular Meeting Agenda Page - 4 - September 11, 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. Professional Services Agreement with Iris Consulting Recommended Action: Authorize the Mayor to execute the Professional Services Agreement with Iris Consulting for software development and system integration.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

6. Assignment of Agreement to Bureau Veritas North America, Inc.

Recommended Action: Authorize the Mayor to execute an Assignment of Agreement with Bureau Veritas / California Code Check to Bureau Veritas North America, Inc.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

7. Amendment No. 2 to Agreement with Environmental Science Associates for the Coastal Vulnerability Assessment
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to agreement with Environmental Science Associates to: 1) increase the scope of work to include public engagement tasks; 2) extend the term of the agreement two years so that it will now expire on October 1, 2025; and 3) increase the total compensation for services.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

4. Ordinances and Public Hearings
A. An amendment to Title 17 (Zoning) of the Malibu Municipal Code and the Local Coastal Program to Update Regulations Related to Accessory Dwelling Units Recommended Action: 1) Adopt Resolution No. 23-43 amending the Land Use Plan (LUP) of the Local Coastal Program (LCP); 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 510, approving LCP Amendment (LCPA) No. 18-002, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes and changing the term second units to accessory dwelling units (ADUs) and to the LCP to update ADU regulations and determining the amendments are exempt from the California Environmental Quality Act (CEQA); 3) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 511, approving Zoning Text Amendment No. 18-004 an amendment to title 17 (Zoning) of the MMC to update ADU regulations and determining the amendments are exempt from CEQA; 4) Direct staff to schedule second reading and adoption of Ordinance No. 510 and Ordinance No. 511 for the September 25, 2023 City Council Regular meeting.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 AMENDED City Council Regular Meeting Agenda Page - 5 - September 11, 2023 B. Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner:

IBN Properties, LLC)
Recommended Action: Continue this item to the September 25, 2023 Regular City Council meeting.

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

5. Old Business
A. Woolsey Fire Fee Waiver Program and Rebuild Deadlines Recommended Action: 1) Consider adopting Resolution No. 23-40 superseding and replacing Resolution No. 21-62, directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence; 2) Consider adopting Resolution No. 23-41 initiating a Zoning Text Amendment (ZTA) to modify Malibu Municipal Code (MMC) Section 17.60.020(C) to extend the submittal deadline for owners to obtain a permit for Planning Verification approvals for nonconforming structures damaged or destroyed in the Woolsey Fire; and 3) If Resolution No. 23-41 is adopted, direct the Planning Commission to schedule a public hearing regarding the same.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

6. New Business
A. Outdoor Warning Sirens System
Recommended Action: 1) Receive a presentation on outdoor warning sirens; and 2) Provide directions to staff regarding the implementation of an outdoor warning system.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 B. Code Enforcement Ad Hoc Committee
Recommended Action: 1) Consider forming a Code Enforcement Ad Hoc Committee, and 2) Direct the Code Enforcement Ad Hoc Committee to work with the City Manager and City Attorney to review the City’s code enforcement fines and penalties and provide recommendations back to City Council.

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

7. Council Items
None.

Adjournment
AMENDED City Council Regular Meeting Agenda Page - 6 - September 11, 2023 Future Meetings
Monday, September 25, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, October 9, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, October 23, 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 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.

Itemsin Consent Calendar Section A have already been considered by the Council at a previousmeeting 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 AMENDED City Council Regular Meeting Agenda Page - 7 - September 11, 2023 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.

TheCity 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 the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 8th day of September 2023 at 4:00 p.m.

Kelsey Pettijohn, City Clerk

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: August 30, 2023 Meeting date: September 11, 2023 Subject: Second Reading and Adoption of Ordinance No. 509 RECOMMENDED ACTION: Conduct second reading, unless waived, and adopt Ordinance No. 509, an ordinance of the City of Malibu amending Zoning Map Amendment (ZMA) No. 17-002 and Zoning Text Amendment (ZTA) No. 20-001 to effectuate previous amendments made to Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 to rezone and change the land use designation of the properties located at 22741 and 22729 Pacific Coast Highway from Community Commercial (CC) to Commercial Visitor Serving-2 (CV-2), a new Seaview Hotel Overlay District with associated development standards, including a proposed floor area ratio of 0.52 for the public benefits provided by the project (the amendments to the ZMA and ZTA are corollary to LCPA and will not be effective until the LCPA is certified by the CCC), and finding the action to require no further environmental review and/or to be exempt from such review under the California Environmental Quality Act (CEQA).

FISCAL IMPACT: As described in the Council’s September 13, 2021, staff report, the applicant for ZMA No. 17-002, ZTA No. 20-001, LCPA No. 16-006 and associated Coastal Development Permit (CDP) No. 17-086 would contribute a fee of $110,000, inlieu of providing six lower cost overnight visitor accommodations. The City would be able to transfer these funds to a public agency, nonprofit organization, or private entity after entering a Memorandum of Understanding or other contractual agreement that requires use of the funds for construction of lower cost overnight visitor accommodations in the Malibu/Santa Monica Mountains coastal zone area of Los Angeles County or Ventura County and which requires that the accommodations remain lower cost. However, the transfer of funds is not required, and the funds could be deposited into the General Fund City Council Meeting
09-11-23
Item

3.A.1.

Agenda Item # 3.A.1.

Undesignated Reserve. In addition to the ZMA, ZTA, LCPA and CDP, associated Development Agreement (DA) No. 21-001 stipulated that the applicant would also contribute $800,000 to the City for public benefits at the time the construction permits are issued for the associated project. Pursuant to General Plan Section 1.5.0, public benefits shall include physical improvements dedicated and reserved for public use, including, but not limited to, open space, wetlands, trails and walkways, parks, athletic fields, and civic or public buildings (such as senior centers, youth facilities, city hall, etc.). These funds would total $910,000 and must be deposited into a General Fund Designated Reserve for a public benefit purpose. In 2021, the applicant forecasted that the project would generate over $1.0 million in Transient Occupancy Tax (TOT) 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. CCC Modification No. 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 August 28, 2023, the Council introduced on first reading Ordinance No. 509.

ATTACHMENT: Ordinance No. 509
ATTACHMENT 1
ORDINANCE NO. 509

AN ORDINANCE OF THE CITY OF MALIBU AMENDING ZONING MAP
AMENDMENT NO. 17-002 AND ZONING TEXT AMENDMENT NO. 20-001 TO TITLE 17 (ZONING) OF THE MALIBU MUNICIPAL CODE TO

EFFECTUATE PREVIOUS AMENDMENTS MADE TO LOCAL COASTAL
PROGRAM AMENDMENT NO. 16-006 FOR THE SEA VIEW HOTEL
PROJECT AS ADOPTED BY ORDINANCE NO. 491 ON SEPTEMBER 13, 2021 AND AMENDED BY ORDINANCE NO. 508 ON JULY 10, 2023

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 REZONE

AND CHANGE THE LAND USE DESIGNATION OF THE SUBJECT

PROPERTIES FROM COMMUNITY COMMERCIAL TO COMMERCIAL
VISITOR SERVING-2, A NEW SEAVIEW HOTEL OVERLAY DISTRICT

WITH ASSOCIATED DEVELOPMENT STANDARDS, INCLUDING A
PROPOSED FLOOR AREA RATIO OF 0.52 FOR THE PUBLIC BENEFITS PROVIDED BY THE PROJECT (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 (LCPA) No. 16-006, Zoning Map Amendment (ZMA) No. 17-002, Zoning Text Amendment (ZTA) 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 Community Commercial (CC) to Commercial Visitor Serving-2 (CV2), 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 LCPA 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 Ordinance No. 509

__________________
and directed staff to work with the applicant for the Seaview Hotel LCPA and the CCC to see if action could be taken that would potentially make the LCPA acceptable to the City Council.

D. On May 22, 2023, the City Council made a motion to bring back the LCPA 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 LCPA and directed staff to prepare an ordinance accepting the modified LCPA.

F. On July 10, 2023, the City Council adopted Ordinance No. 508 amending LCPA No. 16-006 as adopted by Ordinance No. 491 (Exhibits A, B and C to Ordinance No. 491) pursuant to the conditional certification action taken by the CCC on February 8, 2023 in order to obtain final certification of the submitted LCPA application to amend the LCP Land Use Map to revise the zoning designation from CC to CV-2, amend the LCP 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 PCH.

G. On August 3, 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 public hearings on August 28, 2023 to consider the proposed Ordinance amending ZMA No. 17-002 (Exhibits B and C to Ordinance No. 491) and ZTA No. 20-001 and (Exhibit D to Ordinance No. 491) to effectuate previous amendments made to LCPA No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the CCC on February 8, 2023 to rezone and change the land use designation of the properties located at 22741 and 22729 Pacific Coast Highway from CC to CV-2, a new Seaview Hotel Overlay District with associated development standards, including a proposed floor area ratio of 0.52 for the public benefits provided by the project.

H. On August 28, 2023, the City Council held a duly noticed public hearing on the proposed Ordinance amending ZMA No. 17-002 (Exhibits B and C to Ordinance No. 491) and ZTA No. 20-002 (Exhibit D to Ordinance No. 491) 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.

I. On September 11, 2023, the City Council held a duly noticed public hearing on the proposed Ordinance amending ZMA No. 17-002 (Exhibits B and C to Ordinance No. 491) and ZTA No. 20-001 and (Exhibit D to Ordinance No. 491) as adopted by Ordinance No. 491, reviewed and considered written reports, public testimony, and related information and conducted a second reading of the Ordinance. If the City Council adopts the ZMA and ZTA as amended herein, the amendments will not be effective until LCPA No. 16-006 is certified by the CCC.

Ordinance No. 509

__________________
SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in California Environmental Quality Act (CEQA), the City Council has analyzed the amended ZMA and ZTA herein and makes the following findings. Pursuant to Public Resources Code Section 21080.9, CEQA does not apply to activities and approvals by the City Council as necessary for the preparation and adoption of an LCPA. The proposed Council action is to adopt corollary amendments to the Title 17 (Zoning) of the MMC to effectuate previous amendments made to LCPA No. 16-006 as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the CCC on February 8, 2023 (CCC LCPA No. LCP4-MAL-21-0073-2).

Further, the City Council’s action, including without limitation, direction to prepare an Ordinance were 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 City Council’s action is 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 action does not require further environmental review as: 1) no substantial changes are proposed to the project and no substantial changes have occurred that require major revisions to the IS/MND due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that shows the project will have one or more significant effects not discussed in the IS/MND. Pursuant to CEQA Guidelines §15162(b), the City Council finds and recommends that no further analysis or environmental documentation is necessary. Accordingly, the City Council’s action is 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. ZMA No. 17-002 Findings.

The amendments to the MMC will effectuate previous amendments made to LCPA No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the CCC on February 8, 2023. The ZMA will allow the maps of the MMC to be amended consistent with amended LCPA No. 16-006 and is only corollary of that action. Based on evidence in the whole record, the City Council hereby finds that the proposed ZMA meets the requirements of and is in compliance with the General Plan as follows and hereby amends the Zoning Map as set forth in Exhibits A and B:

A. The ZMA is consistent with the objectives, policies and general land uses in the General Plan, as amended by the LCPA.

Ordinance No. 509

__________________
B. The ZMA will allow the MMC to be amended and be consistent with the amended LCP zoning map, and is only a corollary of that action.

C. The ZMA is necessary for the proposed LCPA and will only be approved if the LCPA is approved, and on the condition that the ZMA only take effect if the LCPA is certified by the CCC.

SECTION 4. Zoning Map Amendments.

A. That the Zoning Map (Exhibit A) be modified as follows, which amends the proposed regulations included in Ordinance No. 491 (Exhibit B to Ordinance No. 491), corollary to amendments made to LCPA No. 16-006 in Ordinance No. 508:

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).

B. That the Sea View Hotel Overlay District Map (Exhibit B) be modified as follows, which amends the proposed regulations included in Ordinance No. 491 (Exhibit C to Ordinance No. 491), corollary to amendments made to LCPA No. 16-006 in Ordinance No. 508:

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. ZTA 20-001 Findings.

Pursuant to MMC Section 17.74.040, the City Council hereby makes the following findings:

A. The subject ZTA is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed amendment serves to enhance the Malibu General Plan Mission Statement, protect public safety and preserve Malibu’s natural and cultural resources. The amendments to the MMC will effectuate previous amendments made to LCPA No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the CCC on February 8, 2023. The ZTA will allow the text of the MMC to be amended consistent with amended LCPA No. 16-006 and is only corollary of that action.

B. The City Council held a public hearing, reviewed the subject ZTA for compliance with the City General Plan and MMC and finds that the ZTA is consistent with the General Plan and MMC on the condition that the ZTA only take effect if LCPA No. 16-006 is certified by the CCC.

Ordinance No. 509

__________________
SECTION 6. Zoning Text Amendments.

A. That the title of MMC Section 17.42.020(M) (Sea View Hotel Overlay District) (Exhibit D to Ordinance No. 491) be modified as follows, which amends the proposed regulations included in Ordinance No. 491, corollary to amendments made to LCPA No. 16-006 in Ordinance No. 508:

M. Sea View Hotel Overlay District (22729 Pacific Coast Highway/APN 4452-022-010 and 22741 Pacific Coast Highway/APN 4452-022-017)
B. That Subsection 1 of MMC Section 17.42.020(M) (Development Standards for Project Site) (Exhibit D to Ordinance No. 491) be modified as follows, which amends the proposed regulations included in Ordinance No. 491, corollary to amendments made to LCPA No. 16-006 in Ordinance No. 508:

1. Development Standards for Project Site
YARDS/SETBACKS No changes

PROJECTIONS INTO YARDS
The provisions of MMC Section 17.40.030(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
Minimum Onsite Landscaping The provisions of MMC Section 17.40.080(A)(8)(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.

Ordinance No. 509

__________________
Minimum Onsite Open Space The provisions of MMC Section 17.40.080(A)(8)(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 MMC Section 17.40.080(A)(1)(a) 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.

SITE OF CONSTRUCTION No changes
Ordinance No. 509

__________________

PARKING AND ACCESS
Parking Requirements The provisions of MMC Sections 17.48.020 and 17.48.030 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 MMC Section 17.48.050(C), (D) and (E) are modified or shall not apply as follows:
• The provision of MMC Section 17.48.050(D)(5) shall not apply. Tire stops are not required for valet parking spaces. • The provisions of MMC Sections 17.48.050(C) and (E)
shall not apply.

MONUMENT SIGN AND GENERAL SIGN REQUIREMENTS
No changes
C. That Subsection 2 of MMC Section 17.42.020(M) (Permitted Uses) (Exhibit D to Ordinance No. 491) be modified as follows, which amends the proposed regulations included in Ordinance No. 491, corollary to amendments made to LCPA No. 16-006 in Ordinance No. 508:

2. 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 MMC, including the Commercial Development Standards in MMC Section 17.40.080.

Ordinance No. 509

__________________
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 MMC.
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.

SECTION 7. Effective Date.

The Ordinance will take effect and be in force 30 days after adoption or on the date that the CCC takes action to unconditionally certify LCPA No. 16-006, whichever occurs later.

SECTION 8. 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.

Ordinance No. 509

__________________
SECTION 9. 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 _______, 2023. ____________________________
BRUCE SILVERSTIEN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _______________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Ordinance No. 509

__________________
Ordinance No. 509

__________________
WARRANT REGISTER NO. 731
On September 11, 2023, the Malibu City Council allowed and approved warrant demand numbers 70137-70225 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 $749,004.09. City of Malibu payroll check numbers 5368-5370 and ACH deposits were issued in the amount of $610,553.22.

PASSED, APPROVED and ADOPTED this 11th day of September 2023. ____________________________________________
Bruce Silverstein
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk

CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $1,359,557.31 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 31st day of August 2023, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
09-11-23
Item

3.B.2.

DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Accounts Payable
User:

Printed:
sflores
8/30/2023 11:01 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 70137 USBANK U.S. Bank 08/17/2023 0.00 90,512.98
70138 WOODCURR Woodard & Curran Inc. 08/17/2023 0.00 10,735.35 70139 GALPIN Galpin Motors, Inc 08/17/2023 0.00 47,154.13 70140 AETNA Health and Human Resource Center Inc 08/23/2023 0.00 126.49 70141 BlueShie Blue Shield of California 08/23/2023 0.00 1,503.17 70142 CASTDIS California State Disbursement Unit 08/23/2023 0.00 339.69 70143 DELTADE Delta Dental of California 08/23/2023 0.00 8,651.03 70144 ICMA457 ICMA-MissionSquare Retirement - 303615 08/23/2023 0.00 18,384.19 70145 ICMACM ICMA-MissionSquare Retirement - 108658 08/23/2023 0.00 600.00 70146 ICMADH ICMA-MissionSquare Retirement - 108650 08/23/2023 0.00 1,125.00 70147 STANDARD Standard Insurance Company N2 08/23/2023 0.00 305.08 70148 USBANK2 U.S. Bank 08/23/2023 0.00 1,717.43
70149 AYALABR Brandie Ayala 08/28/2023 0.00 427.99
70150 BAKTIL Baker Tilly US, LLP 08/28/2023 0.00 20,650.00 70151 BASSK Ken Bass 08/28/2023 0.00 35.00
70152 BERJON Jonathan Berk 08/28/2023 0.00 110.00
70153 BRALAR Larisa Braun 08/28/2023 0.00 580.00
70154 CIVICPLU Icon Enterprises Inc 08/28/2023 0.00 158.00 70155 DIPJES Jessica DiPaola 08/28/2023 0.00 880.00
70156 DIRECT DirecTV, Inc. 08/28/2023 0.00 102.24
70157 FLOFAR Farah Flores 08/28/2023 0.00 300.00
70158 FRONTIER Frontier California Inc 08/28/2023 0.00 3,577.30 70159 GALLINE Emily Gallin 08/28/2023 0.00 450.00
70160 GIINDUS G.I. Industries 08/28/2023 0.00 1,100.38
70161 GORBYA Anna Gorby 08/28/2023 0.00 380.00
70162 GOVCONN GovConnection Inc 08/28/2023 0.00 1,475.10 70163 GUIDEPOS Guidepost Solutions LLC 08/28/2023 0.00 3,152.00 70164 HITSTA Stacy Hitt 08/28/2023 0.00 127.00
70165 KESSLERJ Jennifer Kessler 08/28/2023 0.00 390.00
70166 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/28/2023 0.00 75.00 70167 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/28/2023 0.00 75.00 70168 LACOWAT LA Co MalibuTreasurer-Waterworks 08/28/2023 0.00 1,006.52 70169 LINKEC Cindy Linke 08/28/2023 0.00 10.00
70170 LTGENERA LT Generators 08/28/2023 0.00 206.10
70171 MARRYA Ryan Marshall 08/28/2023 0.00 390.00
70172 NILSB Beth Nilsson 08/28/2023 0.00 290.00
70173 PAQBIAN Bianca Paquette 08/28/2023 0.00 190.00
70174 PRIMMAJA Maja Primorac 08/28/2023 0.00 100.00
70175 RIGAMAN Amanda Rigali 08/28/2023 0.00 14.41
70176 ROTHEA Heather Roth 08/28/2023 0.00 230.00
70177 SAEDAV David Saetia 08/28/2023 0.00 600.00
70178 SAMETER Socalgas Advanced Meter 08/28/2023 0.00 15.47 70179 SANTMIC Michelle Santoro 08/28/2023 0.00 230.00
70180 SCEDISO Southern California Edison Company 08/28/2023 0.00 17,621.61 70181 SHUALL Allan Shuben 08/28/2023 0.00 90.00
70182 SMIAND Andrew Smith 08/28/2023 0.00 150.00
70183 STAPLES Staples Contract & Commercial LLC 08/28/2023 0.00 307.10 AP Checks by Date - Summary by Check Number (8/30/2023 11:01 AM) Page 1 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Check No Vendor No Vendor Name Check Date Void Checks Check Amount 70184 TURKAT Katherine Turner 08/28/2023 0.00 400.00
70185 VERIZON Verizon Business 08/28/2023 0.00 0.16
70186 WEBBRA Bracken Webb 08/28/2023 0.00 390.00
70187 WOLFEM Michelle Wolfe 08/28/2023 0.00 780.00
70188 WOOERI Erin Woollen 08/28/2023 0.00 400.00
70189 XEROXFIN Xerox Corporation 08/28/2023 0.00 1,206.70 70190 4LEAF 4LEAF, Inc 08/28/2023 0.00 20,531.26
70191 BADMET Badger Meter, Inc. 08/28/2023 0.00 39.16
70192 CAJPIA California JPIA 08/28/2023 0.00 4,875.00
70193 CASGAY Gaylene Cascione 08/28/2023 0.00 910.00
70194 CHAMPCAM Trevor Elder 08/28/2023 0.00 8,218.50
70195 CITYAGO City Of Agoura Hills 08/28/2023 0.00 45,000.00 70196 CRPRINT CR PRINT 08/28/2023 0.00 518.97
70197 DAVLOREN Loren Davis 08/28/2023 0.00 106.11
70198 GARNIC Nicholas Andrew Garcia 08/28/2023 0.00 504.00 70199 Geolabs R & R Services Corporation 08/28/2023 0.00 4,971.25 70200 GIINDUS G.I. Industries 08/28/2023 0.00 3,208.87
70201 GMZENG GMZ Engineering Inc 08/28/2023 0.00 320,625.00 70202 Grainger W.W. Grainger,Inc 08/28/2023 0.00 1,534.25 70203 HITSTA Stacy Hitt 08/28/2023 0.00 0.90
70204 IPC INC Integrated Performance Consultants Inc 08/28/2023 0.00 9,985.00 70205 iRIS Lorrie Feinberg 08/28/2023 0.00 6,922.50
70206 JLEEENG JLee Engineering, Inc. 08/28/2023 0.00 10,200.00 70207 LAWSONS Skylar J Lawson 08/28/2023 0.00 4,060.00
70208 LEVC Cheryl Lev 08/28/2023 0.00 1,050.00
70209 MADEMALI Made in Malibu LLC 08/28/2023 0.00 3,785.00 70210 MALAQUA Malibu Aquatics Foundation 08/28/2023 0.00 2,024.05 70211 NAICKERV Vasudevan Naicker 08/28/2023 0.00 140.00 70212 NZKPROD NZK Productions Inc. 08/28/2023 0.00 1,073.00 70213 PARKERAN Parker-Anderson Learning Center 08/28/2023 0.00 616.00 70214 RINCONC Rincon Consultants, Inc 08/28/2023 0.00 8,307.75 70215 SCAFCA SCA of CA, LLC 08/28/2023 0.00 6,900.00
70216 SOLIDWA Solid Waste Solutions, Inc. 08/28/2023 0.00 3,310.25 70217 SOUTPRNT Southwest Offset Printing Co., Inc. 08/28/2023 0.00 8,987.03 70218 TOTALGRA Brian Shore 08/28/2023 0.00 497.13
70219 TOWNSPUB Townsend Public Affairs Inc 08/28/2023 0.00 6,500.00 70220 TRAIGOAT Train Goat Gainz LLC 08/28/2023 0.00 1,540.00 70221 ULTMAINT Ultimate Maintenance Services Inc 08/28/2023 0.00 7,600.00 70222 UNDERGR Underground Service Alert/SC 08/28/2023 0.00 154.91 70223 UNITED United States Post Office 08/28/2023 0.00 1,800.00 70224 VIAWEST Flexential Colorado Corp 08/28/2023 0.00 1,466.06 70225 WILLSCOT Williams Scotsman Inc 08/28/2023 0.00 11,214.52 Report Total (89 checks): 0.00 749,004.09
AP Checks by Date - Summary by Check Number (8/30/2023 11:01 AM) Page 2 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D User:

Printed: 08/30/2023 - 11:06AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00070137 To: 00070225
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 17.08.2023 Vision Care-Cobra-Woodrow-Sep'23 70141 16.88 100-0000-2021-00 COBRA Payable Blue Shield of California PR 17.08.2023 Vision Care-Cobra-Bobbett J-Sep'23 70141 16.88 Vendor Subtotal for Section 2:0000 33.76
Section 2:0000
100-0000-2021-00 COBRA Payable Delta Dental of California PR 17.08.2023 Dental Insurance-Cobra-Woodrow-Sep'23 70143 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 17.08.2023 Dental Insurance-Cobra-Feldman-Sep'23 7014 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 17.08.2023 Dental Insurance-Cobra-Bobbett-Sep'23 70143 97.04 Vendor Subtotal for Section 2:0000 197.16
Section 2:0000
100-0000-3202-00 Film Permit Fees NZK Productions Inc. Ref- Film Permit 23-112 70212 1,073.00 Vendor Subtotal for Section 2:0000 1,073.00
Section 2:0000
100-0000-3419-00 Credit Card Fees Socalgas Advanced Meter Refund- Credit Card Fee Via Vienta No. 23-136 70178 15.47 Vendor Subtotal for Section 2:0000 15.47
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Allan Shuben Ref- Adult Softball Tournament 70181 90.00 Vendor Subtotal for Section 2:0000 90.00
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 1 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Farah Flores Ref- Guppy & Sea Otters Swim Cancelled 70157 300.00 Vendor Subtotal for Section 2:0000 300.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Emily Gallin Ref- Sea Otters (2) & Starfish Cancelled 70159 450.00 Vendor Subtotal for Section 2:0000 450.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Andrew Smith Ref- Merbabies Cancelled 70182 150.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Larisa Braun Ref- S6 Tennis Camp (2) 70153 280.00 100-0000-3467-00 Day Camp Fees Larisa Braun Ref- S8 Breakdancing Camp Cancelled 70153 300.00 Vendor Subtotal for Section 2:0000 580.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Jessica DiPaola Ref- S7 Breakdancing Camp Cancelled 70155 300.00 100-0000-3467-00 Day Camp Fees Jessica DiPaola Ref- S9 Science Camp 70155 290.00 Vendor Subtotal for Section 2:0000 590.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Anna Gorby Ref- S7 Karate Camp (2) 70161 380.00 Vendor Subtotal for Section 2:0000 380.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Jennifer Kessler Ref- S7 Aspects Surf Camp 70165 390.00 Vendor Subtotal for Section 2:0000 390.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Ryan Marshall Ref- S7 Aspects Surf Camp 70171 390.00 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 2 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 390.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Bianca Paquette Ref- S6 Soccer Camp 70173 190.00 Vendor Subtotal for Section 2:0000 190.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Heather Roth Ref- S5 Aspects Surf Camp 70176 230.00 Vendor Subtotal for Section 2:0000 230.00
Section 2:0000
100-0000-3467-00 Day Camp Fees David Saetia Ref- Charged Twice for S6 Surf Camp 70177 400.00 100-0000-3467-00 Day Camp Fees David Saetia Ref- S6 Improv Camp 70177 200.00 Vendor Subtotal for Section 2:0000 600.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Michelle Santoro Ref- S5 Aspects Surf Camp 70179 230.00 Vendor Subtotal for Section 2:0000 230.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Katherine Turner Ref- Improv Camp Cancelled 70184 400.00 Vendor Subtotal for Section 2:0000 400.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Bracken Webb Ref- S7 Aspects Surf Camp 70186 390.00 Vendor Subtotal for Section 2:0000 390.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Michelle Wolfe Ref- S9 Aspects Surf Academy (2) 70187 780.00 Vendor Subtotal for Section 2:0000 780.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Erin Woollen Ref- S5 Aspects Surf Camp (2) 70188 400.00 Vendor Subtotal for Section 2:0000 400.00
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 3 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Cindy Linke Ref- Matt Yoga Cancelled 70169 10.00 Vendor Subtotal for Section 2:0000 10.00
Section 2:0000
100-0000-3469-00 Skate Park Program Fee Jessica DiPaola Ref- S9 Skate Camp 70155 290.00 Vendor Subtotal for Section 2:0000 290.00
Section 2:0000
100-0000-3469-00 Skate Park Program Fee Beth Nilsson Ref- S7 Skate Camp 70172 290.00 Vendor Subtotal for Section 2:0000 290.00
Section 2:0000
100-0000-3469-00 Skate Park Program Fee Maja Primorac Ref- S6 Skate Camp Cancelled 70174 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
100-0000-3470-00 Community Classes Ken Bass Ref- Dog Obedience Cancelled 70151 35.00 Vendor Subtotal for Section 2:0000 35.00
Section 2:0000
100-0000-3470-00 Community Classes Jonathan Berk Ref- Animal Adventures 70152 110.00 Vendor Subtotal for Section 2:0000 110.00
Section 2:3001
100-3001-5121-01 Street Sweeping SCA of CA, LLC Street Sweeping - Jul '23 70215 6,900.00 Vendor Subtotal for Section 2:3001 6,900.00
Section 2:3001
100-3001-5722-00 Electricity Southern California Edison Company Broad Beach - 6/26/23 - 7/26/23 70180 22.99 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 4 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount 100-3001-5722-00 Electricity Southern California Edison Company St Lighting - 6/1/23 - 7/31/23 70180 2,826.31 100-3001-5722-00 Electricity Southern California Edison Company Webb Way Signal - 6/22/23 - 7/24/23 70180 206.14 Vendor Subtotal for Section 2:3001 3,055.44
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bus Stop/ Cross Creek - Aug '23 70200 2,521.31 Vendor Subtotal for Section 2:3001 2,521.31
Section 2:3001
100-3001-6160-00 Operating Supplies Underground Service Alert/SC Monthly Fee - Jul '23 70222 36.41 100-3001-6160-00 Operating Supplies Underground Service Alert/SC Dig Alerts - Jul '23 70222 118.50 Vendor Subtotal for Section 2:3001 154.91
Section 2:3001
100-3001-6160-00 Operating Supplies U.S. Bank PW-8679 HomeDepot - Paint 70137 74.92 Vendor Subtotal for Section 2:3001 74.92
Section 2:3007
100-3007-5721-00 Telephone Frontier California Inc Phone - Civic Center STF - Aug '23 70158 158.04 Vendor Subtotal for Section 2:3007 158.04
Section 2:3008
100-3008-5100-00 Professional Services Lorrie Feinberg Database Updates - Public Works - Jul '23 70205 260.00 Vendor Subtotal for Section 2:3008 260.00
Section 2:3008
100-3008-5300-00 Travel and Training Brandie Ayala FY 23/24 Tuition Reimbursement - Summer 2023 70149 427.99 Vendor Subtotal for Section 2:3008 427.99
Section 2:3008
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 5 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount 100-3008-5300-00 Travel and Training U.S. Bank PW-9462 APWA - Ventura Co Event Registration 70137 235.00 Vendor Subtotal for Section 2:3008 235.00
Section 2:3008
100-3008-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Public Works 70183 32.99 Vendor Subtotal for Section 2:3008 32.99
Section 2:3008
100-3008-6160-00 Operating Supplies U.S. Bank PW-9093 Outback Footwear - Fieldwork Boots 70137 278.84 100-3008-6160-00 Operating Supplies U.S. Bank ESD-9405 D'Amore's Pizza - Lunch Meeting 70137 82.09 100-3008-6160-00 Operating Supplies U.S. Bank PW-9462 Amazon - Standing Desk 70137 197.99 100-3008-6160-00 Operating Supplies U.S. Bank PW-8679 Red Wing - Fieldwork Boots 70137 235.40 Vendor Subtotal for Section 2:3008 794.32
Section 2:4001
100-4001-5330-00 Dues & Memberships U.S. Bank CS-2054 CPRS - Annual Membership 70137 165.00 Vendor Subtotal for Section 2:4001 165.00
Section 2:4001
100-4001-5405-00 Printing Southwest Offset Printing Co., Inc. Fall 2023 Recreation Guide - Printing/Mailing 70217 8,987.03 Vendor Subtotal for Section 2:4001 8,987.03
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Phone - Charmlee Park - Aug '23 70158 94.02 100-4001-5721-00 Telephone Frontier California Inc Bluffs Park - Phone/Internet - Aug '23 70158 558.51 Vendor Subtotal for Section 2:4001 652.53
Section 2:4001
100-4001-6160-00 Operating Supplies U.S. Bank CS-2169 Todoist/Grammarly Subscriptions 70137 1,248.39 100-4001-6160-00 Operating Supplies U.S. Bank CS-7118 General Rec Supplies 70137 397.12 100-4001-6160-00 Operating Supplies U.S. Bank CS-2054 General Rec - Supplies 70137 745.24 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 6 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount 100-4001-6160-00 Operating Supplies U.S. Bank CS-3637 General Rec - Supplies 70137 148.00 Vendor Subtotal for Section 2:4001 2,538.75
Section 2:4002
100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Swim Team and Masters Swim Program 7/11/23 - 8/13/23 70210 2,024.05 Vendor Subtotal for Section 2:4002 2,024.05
Section 2:4002
100-4002-5330-00 Dues & Memberships U.S. Bank CS-7118 Kahoot - Monthly Membership 70137 58.00 Vendor Subtotal for Section 2:4002 58.00
Section 2:4002
100-4002-6160-00 Operating Supplies U.S. Bank CS-2054 NCSI - Background Checks 70137 74.00 100-4002-6160-00 Operating Supplies U.S. Bank CS-7118 Amazon - Aquatics Supplies 70137 455.50 Vendor Subtotal for Section 2:4002 529.50
Section 2:4003
100-4003-6160-00 Operating Supplies U.S. Bank CS-1673 Satellite Phone Store - Phone Svc for Charmlee 70137 72.79 Vendor Subtotal for Section 2:4003 72.79
Section 2:4004
100-4004-5107-00 Contract Personnel Skylar J Lawson Instructor - Aspects Surf Academy W8 8/7/23 - 8/10/23 70207 4,060.00 Vendor Subtotal for Section 2:4004 4,060.00
Section 2:4004
100-4004-5107-00 Contract Personnel Train Goat Gainz LLC Instructor - Basketball Camp 8/7/23 - 8/10/23 70220 1,540.00 Vendor Subtotal for Section 2:4004 1,540.00
Section 2:4004
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 7 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount 100-4004-6160-00 Operating Supplies U.S. Bank CS-2054 NCSI - Background Checks 70137 55.50 Vendor Subtotal for Section 2:4004 55.50
Section 2:4005
100-4005-5107-00 Contract Personnel Trevor Elder Reissue Ck#70050 - S4 Skate Camp 7/10/23 - 7/13/23 70194 1,890.00 100-4005-5107-00 Contract Personnel Trevor Elder Reissue Ck#70050 - Skate Camp 5 7/17/23 - 7/20/23 70194 840.00 100-4005-5107-00 Contract Personnel Trevor Elder Reissue Ck# 69870 - S3 Skate Camp 6/26/23 - 6/29/23 70194 1,260.00 100-4005-5107-00 Contract Personnel Trevor Elder Instructor - Parent/Me Skate Day 8/5/23 70194 248.50 100-4005-5107-00 Contract Personnel Trevor Elder Instructor - Skate Camp 8/7/23 - 8/10/23 70194 2,100.00 100-4005-5107-00 Contract Personnel Trevor Elder Reissue Ck#70050 - Skate Camp 7 7/31/23 - 8/3/23 70194 1,680.00 Vendor Subtotal for Section 2:4005 8,018.50
Section 2:4005
100-4005-5401-00 Advertising & Noticing Brian Shore Poster - Fall Skate Park Hours 70218 59.13 Vendor Subtotal for Section 2:4005 59.13
Section 2:4006
100-4006-5107-00 Contract Personnel U.S. Bank CS-7118 JTK Restoration - Cleanup Svcs 70137 612.75 Vendor Subtotal for Section 2:4006 612.75
Section 2:4006
100-4006-5107-01 Contract Personnel-Girls Sport Trevor Elder Instructor - Girls Skate Clinic 8/6/23 70194 200.00 Vendor Subtotal for Section 2:4006 200.00
Section 2:4006
100-4006-5340-00 Transportation & Mileage Loren Davis Reimb- Mileage City Hall/Malibu Highschool Roundtrip (9) 70197 106.11 Vendor Subtotal for Section 2:4006 106.11
Section 2:4006
100-4006-5401-00 Advertising & Noticing U.S. Bank CS-2054 Canva - Monthly Membership 70137 24.95 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 8 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4006 24.95
Section 2:4006
100-4006-6160-00 Operating Supplies U.S. Bank CS-7118 BSN Sports - Sports Supplies 70137 464.59 Vendor Subtotal for Section 2:4006 464.59
Section 2:4007
100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor- Hip Hop/Ballet 6/26/23 - 8/14/23 70193 392.00 100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor- Ballet 6/26/23 - 8/14/23 70193 518.00 Vendor Subtotal for Section 2:4007 910.00
Section 2:4007
100-4007-5107-00 Contract Personnel Nicholas Andrew Garcia Instructor - Chess 6/13/23 - 8/15/23 70198 504.00 Vendor Subtotal for Section 2:4007 504.00
Section 2:4007
100-4007-5107-00 Contract Personnel Cheryl Lev Instructor - Music Together 6/28/23 - 8/23/23 70208 1,050.00 Vendor Subtotal for Section 2:4007 1,050.00
Section 2:4007
100-4007-5107-00 Contract Personnel Parker-Anderson Learning Center Instructor - Animal Adventures - Bluffs Park 6/26 - 8/14/23 70213 616.00 Vendor Subtotal for Section 2:4007 616.00
Section 2:4007
100-4007-6160-00 Operating Supplies U.S. Bank CS-3637 Amazon - Park Tales Giveaway 8/3/23 70137 19.78 100-4007-6160-00 Operating Supplies U.S. Bank CS-2054 NCSI - Background Checks 70137 74.00 Vendor Subtotal for Section 2:4007 93.78
Section 2:4008
100-4008-5340-00 Transportation & Mileage Amanda Rigali Reimb- Mileage 7/12/23 & 7/24/23 70175 14.41 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 9 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4008 14.41
Section 2:4008
100-4008-6160-00 Operating Supplies U.S. Bank CS-7084 Sr Center Supplies 70137 1,585.49 100-4008-6160-00 Operating Supplies U.S. Bank CS-3637 Prime Video - Theater Thursday Movie 70137 11.98 100-4008-6160-00 Operating Supplies U.S. Bank CS-7084 Mixtiles - Sr Center Signs 70137 291.85 Vendor Subtotal for Section 2:4008 1,889.32
Section 2:4008
100-4008-6176-00 Recreation Trip Admissions U.S. Bank CS-7084 Sr Center - Trip Admissions 70137 1,559.40 Vendor Subtotal for Section 2:4008 1,559.40
Section 2:4010
100-4010-5100-00 Professional Services Ultimate Maintenance Services Inc City Parks Janitorial Services - Jul '23 70221 3,675.00 100-4010-5100-00 Professional Services Ultimate Maintenance Services Inc City Parks Janitorial Services - Aug '23 70221 3,675.00 Vendor Subtotal for Section 2:4010 7,350.00
Section 2:4010
100-4010-5640-00 Equipment Maintenance U.S. Bank CS-2481 Ventura Steel - Steel for Pressure Washer 70137 20.76 Vendor Subtotal for Section 2:4010 20.76
Section 2:4010
100-4010-5710-00 Facilities Lease/Rental U.S. Bank CS-3637 SoCal Industries - Portable Rentroom Rental 7/3 - 7/5/23 70137 854.10 Vendor Subtotal for Section 2:4010 854.10
Section 2:4010
100-4010-5721-00 Telephone Frontier California Inc Phone - 23641 PCH (median) - Aug '23 70158 60.06 100-4010-5721-00 Telephone Frontier California Inc Phone - Las Flores, Bluffs, Trancas - Aug '23 70158 524.19 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 10 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 584.25
Section 2:4010
100-4010-5722-00 Electricity Southern California Edison Company Community Svcs - 6/22/23 - 7/24/23 70180 20.93 100-4010-5722-00 Electricity Southern California Edison Company Bluffs Park Lift Station - 6/16/23 - 7/18/23 70180 121.98 100-4010-5722-00 Electricity Southern California Edison Company Charmlee Park - 6/29/23 - 7/31/23 70180 17.97 Vendor Subtotal for Section 2:4010 160.88
Section 2:4010
100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Bluffs Park 5/25/23 - 7/25/23 Acct#29162657 70168 1,006.52 Vendor Subtotal for Section 2:4010 1,006.52
Section 2:4010
100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bluffs/ Equestrian - Aug '23 70200 687.56 Vendor Subtotal for Section 2:4010 687.56
Section 2:4010
100-4010-6160-00 Operating Supplies U.S. Bank CS-3637 Amazon - Park Supplies 70137 38.48 Vendor Subtotal for Section 2:4010 38.48
Section 2:4010
100-4010-6300-00 Repair & Maint. Supplies U.S. Bank CS-2481 Park - Tools & Minor Equipment 70137 125.03 Vendor Subtotal for Section 2:4010 125.03
Section 2:4010
100-4010-6400-00 Clothing & Emergency Gear U.S. Bank CS-2481 Clothing/Gear for Park Staff 70137 464.68 100-4010-6400-00 Clothing & Emergency Gear U.S. Bank CS-7433 Clothing/Gear for Park Staff 70137 643.48 Vendor Subtotal for Section 2:4010 1,108.16
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 11 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-7300-00 Leasehold Improvements U.S. Bank CS-1673 Home Depot - Snack Shack Sink Hose Connectors 70137 40.08 100-4010-7300-00 Leasehold Improvements U.S. Bank CS-2054 Blind & Drapery - Deposit for Bluff's Window Covers 70137 2,745.00 Vendor Subtotal for Section 2:4010 2,785.08
Section 2:4011
100-4011-5107-00 Contract Personnel U.S. Bank CS-3637 Special Events - Contract Personnel 70137 1,856.06 Vendor Subtotal for Section 2:4011 1,856.06
Section 2:4011
100-4011-5330-00 Dues & Memberships U.S. Bank CS-3637 SWANK - CineMalibu Movie 7/15/23 70137 465.00 Vendor Subtotal for Section 2:4011 465.00
Section 2:4011
100-4011-6160-00 Operating Supplies Brian Shore Stickers - Tiny Tot Olympics 70218 438.00 Vendor Subtotal for Section 2:4011 438.00
Section 2:4011
100-4011-6160-00 Operating Supplies U.S. Bank CS-2054 Magic Jump Rentals - Halloween Bu Bash 70137 4,277.00 100-4011-6160-00 Operating Supplies U.S. Bank CS-3637 Special Events Supplies 70137 666.00 Vendor Subtotal for Section 2:4011 4,943.00
Section 2:4012
100-4012-5107-00 Contract Personnel Ultimate Maintenance Services Inc Shifting Tides Opening Janitorial Svcs - 7/16/23 70221 250.00 Vendor Subtotal for Section 2:4012 250.00
Section 2:4012
100-4012-5401-00 Advertising & Noticing U.S. Bank CS-2054 Lulu Press - Art Commission Anthology 70137 1,486.22 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 12 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4012 1,486.22
Section 2:4012
100-4012-6160-00 Operating Supplies U.S. Bank CS-7084 Malibu Arts - Supplies 70137 1,400.88 100-4012-6160-00 Operating Supplies U.S. Bank CS-2054 Urban Cafe - Food for Shifting Tides 7/16/23 70137 896.25 Vendor Subtotal for Section 2:4012 2,297.13
Section 2:7001
100-7001-5300-00 Travel and Training U.S. Bank CM-1386 CalCities/CCCA Registration 70137 2,175.00 Vendor Subtotal for Section 2:7001 2,175.00
Section 2:7001
100-7001-5330-00 Dues & Memberships City Of Agoura Hills COG Dues FY 23/24 70195 25,000.00 Vendor Subtotal for Section 2:7001 25,000.00
Section 2:7001
100-7001-6160-00 Operating Supplies U.S. Bank CM-1386 Food for City Council Meetings 70137 350.81 Vendor Subtotal for Section 2:7001 350.81
Section 2:7002
100-7002-5100-00 Professional Services U.S. Bank CM-0665 Zoom Monthly 70137 368.74 Vendor Subtotal for Section 2:7002 368.74
Section 2:7002
100-7002-6160-00 Operating Supplies U.S. Bank CM-2962 Media Operating Supplies 70137 344.60 100-7002-6160-00 Operating Supplies U.S. Bank CM-0665 Media Supplies 70137 291.19 Vendor Subtotal for Section 2:7002 635.79
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 13 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Section 2:7002
100-7002-6165-00 Website Services Icon Enterprises Inc One Time SSL Setup 8/3/23 - 10/31/23 70154 158.00 Vendor Subtotal for Section 2:7002 158.00
Section 2:7002
100-7002-6170-00 Events U.S. Bank CM-2962 Media Operations - Events 70137 207.72 Vendor Subtotal for Section 2:7002 207.72
Section 2:7002
100-7002-7600-00 Other Equip/Furniture U.S. Bank CM-0665 Lobby TVs & Cable Tester 70137 866.31 Vendor Subtotal for Section 2:7002 866.31
Section 2:7003
100-7003-4203-00 Vision Insurance Blue Shield of California PR 17.08.2023 Vision Care-Brown A-Aug'23 70141 9.45 Vendor Subtotal for Section 2:7003 9.45
Section 2:7003
100-7003-4204-00 Dental Insurance Delta Dental of California PR 17.08.2023 Dental Insurance-Brown A-Aug'23 70143 50.06 Vendor Subtotal for Section 2:7003 50.06
Section 2:7003
100-7003-5100-00 Professional Services Baker Tilly US, LLP Comprehensive Development Svcs Review - Complete Report 70150 20,650.00 Vendor Subtotal for Section 2:7003 20,650.00
Section 2:7003
100-7003-5100-00 Professional Services R & R Services Corporation MCLE Project - Engineer/Geologist - Thru 7/14/23 70199 4,971.25 Vendor Subtotal for Section 2:7003 4,971.25
Section 2:7003
100-7003-5100-00 Professional Services Guidepost Solutions LLC Comprehensive School Safety Assessment - Jul '23 70163 3,152.00 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 14 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7003 3,152.00
Section 2:7003
100-7003-5105-00 Grant Consultant Townsend Public Affairs Inc Grant Writing Svcs - Aug '23 70219 6,500.00 Vendor Subtotal for Section 2:7003 6,500.00
Section 2:7003
100-7003-6160-00 Operating Supplies U.S. Bank CM-1386 Work Plan Workshop Lunch 70137 443.11 Vendor Subtotal for Section 2:7003 443.11
Section 2:7007
100-7007-4205-00 Life Insurance Standard Insurance Company N2 PR 17.08.2023 Additional Life Insur-Munoz-SAD&D Sep'23 70147 -1.20 Vendor Subtotal for Section 2:7007 -1.20
Section 2:7007
100-7007-5100-00 Professional Services U.S. Bank CC-2343 Dropbox Monthly 70137 54.00 Vendor Subtotal for Section 2:7007 54.00
Section 2:7007
100-7007-5300-00 Travel and Training U.S. Bank CC-2343 IIMC Webinars (5) 70137 292.00 Vendor Subtotal for Section 2:7007 292.00
Section 2:7021
100-7021-4205-00 Life Insurance Standard Insurance Company N2 PR 17.08.2023 Additional Life Insur-Flores-May-Aug'23 70147 22.00 100-7021-4205-00 Life Insurance Standard Insurance Company N2 PR 17.08.2023 Additional Life Insur-Flores-May-Aug'23-Refund 70147 48.00 100-7021-4205-00 Life Insurance Standard Insurance Company N2 PR 17.08.2023 Additional Life Insur-Flores-Sep'23 70147 8.00 Vendor Subtotal for Section 2:7021 78.00
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 15 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Section 2:7021
100-7021-5100-00 Professional Services City Of Agoura Hills COG - Hazard Mitigation Plan City Assessment 2023 70195 20,000.00 Vendor Subtotal for Section 2:7021 20,000.00
Section 2:7021
100-7021-5721-00 Telephone Frontier California Inc Phone - Disaster Hotline, Tier, E911 - Aug '23 70158 319.60 Vendor Subtotal for Section 2:7021 319.60
Section 2:7021
100-7021-5721-00 Telephone U.S. Bank IS-4175 Starlink Internet for PS 70137 500.00 Vendor Subtotal for Section 2:7021 500.00
Section 2:7021
100-7021-6160-00 Operating Supplies DirecTV, Inc. EOC TV - Aug '23 70156 95.99 Vendor Subtotal for Section 2:7021 95.99
Section 2:7021
100-7021-6160-00 Operating Supplies U.S. Bank PS-4095 Operating Supplies 70137 -481.58 100-7021-6160-00 Operating Supplies U.S. Bank PS-4095 Anatomy Warehouse - Manikin 70137 1,506.21 100-7021-6160-00 Operating Supplies U.S. Bank PS-4213 BestBuy - Projectors 70137 482.60 Vendor Subtotal for Section 2:7021 1,507.23
Section 2:7054
100-7054-5117-00 Film Permit Consultant Frontier California Inc Phone - Film Fax - Aug '23 70158 34.26 Vendor Subtotal for Section 2:7054 34.26
Section 2:7054
100-7054-5117-00 Film Permit Consultant Verizon Business Film Fax - Verizon Long Distance (7DK86530) - Jul '23 70185 0.16 Vendor Subtotal for Section 2:7054 0.16
Section 2:7054
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 16 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount 100-7054-5300-00 Travel and Training U.S. Bank AS-2163 MMASC - Summer Session (6) 70137 690.00 Vendor Subtotal for Section 2:7054 690.00
Section 2:7054
100-7054-5330-00 Dues & Memberships U.S. Bank AS-2163 MMASC - Membership 70137 90.00 Vendor Subtotal for Section 2:7054 90.00
Section 2:7058
100-7058-4203-00 Vision Insurance Blue Shield of California PR 17.08.2023 Vision Care-Woodrow-Sep'23 70141 -16.88 Vendor Subtotal for Section 2:7058 -16.88
Section 2:7058
100-7058-4204-00 Dental Insurance Delta Dental of California PR 17.08.2023 Dental Insurance--Woodrow-Sep'23 70143 46.98 100-7058-4204-00 Dental Insurance Delta Dental of California PR 17.08.2023 Dental Insurance--Woodrow-Sep'23 70143 -97.04 Vendor Subtotal for Section 2:7058 -50.06
Section 2:7058
100-7058-5320-00 Recruitment Expense U.S. Bank HR-5076 Tra Di Noi - HR Tech Interview Panel Luncheon 70137 173.20 100-7058-5320-00 Recruitment Expense U.S. Bank HR-5582 Pavilions - HR Tech Interview Panel Snacks 70137 16.58 Vendor Subtotal for Section 2:7058 189.78
Section 2:7058
100-7058-6160-00 Operating Supplies U.S. Bank CM-2962 Staff Event Supplies 70137 262.52 Vendor Subtotal for Section 2:7058 262.52
Section 2:7058
100-7058-6170-00 Events U.S. Bank AS-5448 Ice Cream Social Supplies 70137 167.27 100-7058-6170-00 Events U.S. Bank CC-2343 Retirement Gift 70137 76.95 100-7058-6170-00 Events U.S. Bank CM-2962 Facebook - HR Event Ads 70137 1.66 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 17 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7058 245.88
Section 2:7059
100-7059-5205-00 Postage United States Post Office Bulk Mail Postage for Preparedness Postcard 70223 1,800.00 Vendor Subtotal for Section 2:7059 1,800.00
Section 2:7059
100-7059-5210-00 Service Fees & Charges DirecTV, Inc. EOC TV - Aug '23 - Late Fee 70156 6.25 Vendor Subtotal for Section 2:7059 6.25
Section 2:7059
100-7059-5210-00 Service Fees & Charges Williams Scotsman Inc Temporary Office Trailer - 6/28/23 - 7/27/23 Late Fee70225 35.00 100-7059-5210-00 Service Fees & Charges Williams Scotsman Inc Restroom Trailer MCLE - 7/12/23 - 8/8/23 Late Fee 70225 35.00 100-7059-5210-00 Service Fees & Charges Williams Scotsman Inc Temporary Office Trailer - 7/28/23 - 8/27/23 Late Fee70225 35.00 Vendor Subtotal for Section 2:7059 105.00
Section 2:7059
100-7059-5510-00 Insurance Premiums California JPIA Pollution Liability Insurance FY 23/24 70192 4,875.00 Vendor Subtotal for Section 2:7059 4,875.00
Section 2:7059
100-7059-5721-00 Telephone Frontier California Inc Phone - City Hall Fac, Cable, Teleconference - Aug '23 70158 533.05 100-7059-5721-00 Telephone Frontier California Inc Phone - Annex Fax Ln - Aug '23 70158 60.06 Vendor Subtotal for Section 2:7059 593.11
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - HHZ171515 - B8170 - 7/22/23 - 8/21/23 70189 687.50 100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - C8155 Color Copier - 7/22/23 - 8/21/23 70189 519.20 Vendor Subtotal for Section 2:7059 1,206.70
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 18 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 70183 54.12 Vendor Subtotal for Section 2:7059 54.12
Section 2:7059
100-7059-6160-00 Operating Supplies U.S. Bank IS-4175 Non-Departmental Supplies 70137 756.70 100-7059-6160-00 Operating Supplies U.S. Bank PW-4382 Ranger Rick - Subscription Refund Credit 70137 -24.95 Vendor Subtotal for Section 2:7059 731.75
Subtotal for Section 1: 100 185,773.08
Section 1: 101
Section 2:0000
101-0000-3421-00 Planning Review Fees Stacy Hitt Ref- Paid Twice for OCRM 23-039 21442 Paseo Portola St 70203 0.90 101-0000-3421-00 Planning Review Fees Stacy Hitt Ref- Paid Twice for OCRM 23-039 21442 Paseo Portola St 70164 127.00 Vendor Subtotal for Section 2:0000 127.90
Section 2:0000
101-0000-3421-00 Planning Review Fees LT Generators Ref- OC 23-185 27006 for Malibu Cove Colony Dr 70170 206.10 Vendor Subtotal for Section 2:0000 206.10
Section 2:0000
101-0000-3421-00 Planning Review Fees Made in Malibu LLC Ref- CDP 22-005 Changed To APRWF 22-016 70209 3,785.00 Vendor Subtotal for Section 2:0000 3,785.00
Section 2:2001
101-2001-5100-00 Professional Services Lorrie Feinberg Database Updates - Planning - Jul '23 70205 1,673.75 Vendor Subtotal for Section 2:2001 1,673.75
Section 2:2001
101-2001-5100-00 Professional Services JLee Engineering, Inc. Contract Planner - Jul '23 70206 10,200.00 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 19 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 10,200.00
Section 2:2001
101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant - Jul '23 70214 8,307.75 Vendor Subtotal for Section 2:2001 8,307.75
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 3620 Noranda Ln - CDP 17-104 70166 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 22506 Pacific Coast Hwy - APR 22-071 70167 75.00 Vendor Subtotal for Section 2:2001 150.00
Section 2:2001
101-2001-5300-00 Travel and Training U.S. Bank PL-5265 APA - Conference Training 70137 1,250.00 Vendor Subtotal for Section 2:2001 1,250.00
Section 2:2001
101-2001-5330-00 Dues & Memberships U.S. Bank PL-5265 Zoom - Monthly Subscription 70137 16.71 Vendor Subtotal for Section 2:2001 16.71
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 22729 & 22741 PCH 70196 518.97 Vendor Subtotal for Section 2:2001 518.97
Section 2:2004
101-2004-5100-00 Professional Services Lorrie Feinberg Database Updates - Building Safety - Jul '23 70205 2,778.75 Vendor Subtotal for Section 2:2004 2,778.75
Section 2:2004
101-2004-5300-00 Travel and Training U.S. Bank ESD-7736 Travel/Training 70137 543.00 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 20 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount 101-2004-5300-00 Travel and Training U.S. Bank ESD-9405 Aurora/PTN Webinar 70137 498.00 Vendor Subtotal for Section 2:2004 1,041.00
Section 2:2004
101-2004-6160-00 Operating Supplies U.S. Bank ESD-9405 Unlimited Conferencing 70137 2.99 Vendor Subtotal for Section 2:2004 2.99
Section 2:2004
101-2004-6200-00 Publications U.S. Bank ESD-9405 ICC - Study Books 70137 332.80 101-2004-6200-00 Publications U.S. Bank ESD-7736 2018 IRC - Online Study Exam 70137 124.95 101-2004-6200-00 Publications U.S. Bank AS-2163 ICC - Building Code Guidelines 70137 4,971.12 Vendor Subtotal for Section 2:2004 5,428.87
Section 2:2010
101-2010-5100-00 Professional Services Lorrie Feinberg Database Updates - Waste Water (EH) - Jul '23 70205 1,007.50 Vendor Subtotal for Section 2:2010 1,007.50
Section 2:3003
101-3003-5100-00 Professional Services Lorrie Feinberg Database Updates - Clean Water (EP) - Jul '23 70205 682.50 Vendor Subtotal for Section 2:3003 682.50
Section 2:3003
101-3003-5300-00 Travel and Training U.S. Bank ESD-9405 D'Amore's Pizza - Lunch Meeting 70137 82.09 101-3003-5300-00 Travel and Training U.S. Bank ESD-7736 Malibu Pros Network Luncheon 70137 250.00 Vendor Subtotal for Section 2:3003 332.09
Section 2:3003
101-3003-6160-00 Operating Supplies U.S. Bank ESD-7736 Craftman - Supplies 70137 10.98 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 21 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3003 10.98
Subtotal for Section 1: 101 37,520.86
Section 1: 102
Section 2:3002
102-3002-5100-00 Professional Services Lorrie Feinberg Database Updates - Woolsey Fire Database Module - Jul '23 70205 520.00 Vendor Subtotal for Section 2:3002 520.00
Section 2:3002
102-3002-5100-02 Fire Rebuilds - Planning 4LEAF, Inc Woolsey Fire Contract Planner - Jul '23 70190 20,531.26 Vendor Subtotal for Section 2:3002 20,531.26
Subtotal for Section 1: 102 21,051.26
Section 1: 103
Section 2:9050
103-9050-5610-00 Facilities Maintenance W.W. Grainger,Inc City Hall - Air Compressor for Fire System 70202 1,463.24 Vendor Subtotal for Section 2:9050 1,463.24
Section 2:9050
103-9050-5610-00 Facilities Maintenance U.S. Bank AS- 7465 City Hall - Fac Maintenance 70137 489.41 103-9050-5610-00 Facilities Maintenance U.S. Bank AS- 7465 Office Master - Office Chair for DCM 70137 536.00 Vendor Subtotal for Section 2:9050 1,025.41
Section 2:9050
103-9050-5721-00 Telephone Frontier California Inc Phone - City Hall Septic, Irrigation, Fire, Elevator - Aug '23 70158 394.87 Vendor Subtotal for Section 2:9050 394.87
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 22 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Section 2:9050
103-9050-6300-00 Tools & Minor Equipment W.W. Grainger,Inc City Hall - Tools 70202 71.01 Vendor Subtotal for Section 2:9050 71.01
Subtotal for Section 1: 103 2,954.53
Section 1: 207
Section 2:3004
207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Solid Waste Consultant - Jul '23 70216 3,310.25 Vendor Subtotal for Section 2:3004 3,310.25
Section 2:3004
207-3004-5850-00 Recycling supplies U.S. Bank ESD-9405 CRRA Ending Waste Conference 70137 1,755.60 Vendor Subtotal for Section 2:3004 1,755.60
Subtotal for Section 1: 207 5,065.85
Section 1: 215
Section 2:7070
215-7070-7800-00 Other Equipment Williams Scotsman Inc Restroom Trailer MCLE 8/9/23 - 9/5/23 70225 4,331.10 215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer - 7/28/23 - 8/27/23 70225 1,497.50 215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer - 6/28/23 - 7/27/23 70225 1,743.71 215-7070-7800-00 Other Equipment Williams Scotsman Inc Restroom Trailer MCLE - 7/12/23 - 8/8/23 70225 3,537.21 Vendor Subtotal for Section 2:7070 11,109.52
Subtotal for Section 1: 215 11,109.52
Section 1: 310
Section 2:9002
310-9002-7901-00 Street Improvements U.S. Bank PW-8679 LA Co - Epic LA - Plan Check for Morning View 70137 3,093.00 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 23 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9002 3,093.00
Section 2:9066
310-9066-5100-00 Professional Services GMZ Engineering Inc PCH Signal Sync Project - Jul '23 70201 320,625.00 Vendor Subtotal for Section 2:9066 320,625.00
Section 2:9075
310-9075-5100-00 Professional Services Woodard & Curran Inc. CCWTF Phase 2 - Jun '23 70138 10,735.35 Vendor Subtotal for Section 2:9075 10,735.35
Subtotal for Section 1: 310 334,453.35
Section 1: 500
Section 2:7008
500-7008-5610-00 Facility Maintenance G.I. Industries Garbage - Supercare Pharmacy - Aug '23 70160 880.12 Vendor Subtotal for Section 2:7008 880.12
Section 2:7008
500-7008-5722-00 Electricity Southern California Edison Company Legacy Park Lift Station - 6/15/23 - 7/17/23 70180 1,251.59 Vendor Subtotal for Section 2:7008 1,251.59
Subtotal for Section 1: 500 2,131.71
Section 1: 515
Section 2:3010
515-3010-5640-00 Equipment Maintenance Integrated Performance Consultants Inc Equipment Replacement - CCWWTF - EQ Pump 70204 9,985.00 Vendor Subtotal for Section 2:3010 9,985.00
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 24 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Section 2:3010
515-3010-5721-00 Telephone Badger Meter, Inc. Meter Monitoring - Jul '23 70191 39.16 Vendor Subtotal for Section 2:3010 39.16
Section 2:3010
515-3010-5722-00 Electricity Southern California Edison Company CCWWTF - 6/15/23 - 7/17/23 70180 13,153.70 Vendor Subtotal for Section 2:3010 13,153.70
Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - CCWWTF - Aug '23 70160 220.26 Vendor Subtotal for Section 2:3010 220.26
Subtotal for Section 1: 515 23,398.12
Section 1: 601
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash City Vehicles 8/17/23 70211 140.00 Vendor Subtotal for Section 2:3005 140.00
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance U.S. Bank PW-8679 Fleet Maintenance 70137 5,779.90 Vendor Subtotal for Section 2:3005 5,779.90
Section 2:3005
601-3005-6500-00 Motor Fuels U.S. Bank CS-2481 Exxon - Fleet Fuel 70137 330.84 601-3005-6500-00 Motor Fuels U.S. Bank CS-7433 Shell - Fleet Fuel 70137 168.01 601-3005-6500-00 Motor Fuels U.S. Bank PW-9093 Fleet Fuel 70137 281.63 601-3005-6500-00 Motor Fuels U.S. Bank CS-7118 76 Delailla Inc - Fleet Fuel 70137 120.86 601-3005-6500-00 Motor Fuels U.S. Bank PW-8679 Fleet Fuel 70137 242.00 Vendor Subtotal for Section 2:3005 1,143.34
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 25 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Section 2:3005
601-3005-7700-00 Vehicles Galpin Motors, Inc New Fleet Vehicle - 2023 Ford Explorer XLT 4x4 70139 47,154.13 Vendor Subtotal for Section 2:3005 47,154.13
Subtotal for Section 1: 601 54,217.37
Section 1: 602
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc Phone - City Hall Fac Internet - Aug '23 70158 840.64 Vendor Subtotal for Section 2:7060 840.64
Section 2:7060
602-7060-6120-00 Computer Software U.S. Bank IS-4175 Computer Software 70137 10,053.78 602-7060-6120-00 Computer Software U.S. Bank IS-5921 Computer Software 70137 7,991.44 Vendor Subtotal for Section 2:7060 18,045.22
Section 2:7060
602-7060-6160-00 Operating Supplies U.S. Bank IS-5921 Operating Supplies 70137 143.29 Vendor Subtotal for Section 2:7060 143.29
Section 2:7060
602-7060-7400-00 Computer Equipment GovConnection Inc 4 New Hard Drives for Media Server 70162 1,475.10 Vendor Subtotal for Section 2:7060 1,475.10
Section 2:7060
602-7060-7400-00 Computer Equipment Staples Contract & Commercial LLC Office Supplies - Computer Equipment for DCM 70183 219.99 Vendor Subtotal for Section 2:7060 219.99
Section 2:7060
602-7060-7400-00 Computer Equipment U.S. Bank IS-5921 Computer Equipment 70137 5,189.15 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 26 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount 602-7060-7400-00 Computer Equipment U.S. Bank IS-4175 Computer Equipment 70137 11,497.20 Vendor Subtotal for Section 2:7060 16,686.35
Section 2:7060
602-7060-7400-00 Computer Equipment Flexential Colorado Corp Server Colocation - Aug '23 70224 1,466.06 Vendor Subtotal for Section 2:7060 1,466.06
Subtotal for Section 1: 602 38,876.65
Section 1: 900
Section 2:0000
900-0000-2023-00 Vision Insurance Blue Shield of California PR Batch 70017.08.2023 Vision Care 70141 1,476.84 Vendor Subtotal for Section 2:0000 1,476.84
Section 2:0000
900-0000-2024-00 Dental Insurance Delta Dental of California PR Batch 70017.08.2023 Dental Insurance 70143 8,453.87 Vendor Subtotal for Section 2:0000 8,453.87
Section 2:0000
900-0000-2025-01 Additional Life Insurance Standard Insurance Company N2 PR Batch 70017.08.2023 Additional Life Insurance 70147 228.28 Vendor Subtotal for Section 2:0000 228.28
Section 2:0000
900-0000-2027-00 Employee Assistance Health and Human Resource Center Inc PR Batch 70017.08.2023 Employee Assistance 70140 126.49 Vendor Subtotal for Section 2:0000 126.49
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70017.08.2023 PARS - ER Share 70148 297.70 900-0000-2041-00 PARS U.S. Bank PR Batch 70017.08.2023 PARS - EE Share 70148 1,419.73 AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 27 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 1,717.43
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70017.08.2023 ER Contribution to ICMA 70144 3,150.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70017.08.2023 ICMA Def Comp - % of Salary 70144 1,302.97 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70017.08.2023 ICMA Def Comp - Flat Amount 70144 12,905.39 Vendor Subtotal for Section 2:0000 17,358.36
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70017.08.2023 ICMA Loan Program 70144 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 70017.08.2023 ICMA - City Manager 70145 600.00 Vendor Subtotal for Section 2:0000 600.00
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70017.08.2023 ICMA - Dept Heads 70146 1,125.00 Vendor Subtotal for Section 2:0000 1,125.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70017.08.2023 Income Withholding Order-Calif 70142 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 32,451.79
Report Total: 749,004.09
AP-Transactions by Account (08/30/2023 - 11:06 AM) Page 28 DocuSign Envelope ID: 7A9786E1-F02F-49D6-B096-D320C83ABA8D

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: August 30, 2023 Meeting date: September 11, 2023 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the October 10, 2022 Malibu City Council Regular meeting, October 24, 2022 Malibu City Council Regular meeting, October 28, 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 October 10, 2022, October 24, 2022, and October 28, 2022.

ATTACHMENTS:

1. October 10, 2022 Regular meeting

2. October 24, 2022 Regular meeting

3. October 28, 2022 Special meeting
City Council Meeting
09-11-23
Item

3.B.3.

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
OCTOBER 10, 2022

TELECONFERENCED - VARIOUS LOCATIONS
6:30 P.M.

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

MEETING CALL TO ORDER
Mayor Grisanti called the meeting to order at 6:31 p.m.

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

PRESENT: Mayor Paul Grisanti; Mayor Pro Tem Bruce Silverstein; and Councilmembers Karen Farrer, Mikke Pierson, and Steve Uhring
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Elizabeth Shavelson, Deputy City Manager; T’Ana Christiansen, Deputy City Clerk; Kristin Riesgo, Community Services Deputy Director; Paolo Quinto, Environmental Health Administrator; and Adrian Fernandez, Assistant Planning Director

PLEDGE OF ALLEGIANCE
Mayor Grisanti led the Pledge of Allegiance.

APPROVAL OF AGENDA
MOTION Councilmember Pierson moved, and Councilmember Farrer seconded a motion to approve the agenda.

FRIENDLY AMENDMENT
Mayor Pro Tem Silverstein moved to adjourn in honor of Indigenous Peoples Day.

The amendment was accepted by the maker and the seconder.

The question was called and the amended motion carried unanimously.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on September 30, 2022, with the amended agenda posted October 6, 2022.

Attachment #1
Malibu City Council
Minutes of October 10, 2022

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ITEM 1 CEREMONIAL/PRESENTATIONS
None.

ITEM 2.A. PUBLIC COMMENTS
Bill Sampson stated that the half-marathon, scheduled to be held November 4, 5, and 6, 2022 would conflict with a car show at Zuma beach that was planned for November 6, 2022. He stated two events held on the same date would conflate traffic problems and that he hoped traffic would be handled better than during the recent Malibu Triathlon.

Nicole McGinley presented a report on wireless siting and requested the Council amend Resolution No. 21-17, to remove of the word “residential” from Section

5.C.6. and instead state: “The City expressly designates public open space and recreational vehicle park zoning districts, parks and schools as the least appropriate possible locations, and the absolution last choices for siting.” In addition, she requested the addition of a new Section, 5.C.7. “The City expressly designates residential zones as disallowed locations. An application other than an eligible facility request seeking to place a wireless facility in a residential zone must demonstrate through clear and convincing evidence that there is no technically feasible alternative.” She stated that it would not be problematic as there was not a change that would require approval from the California Coastal Commission (CCC).

Lonnie Gordon, Malibu for Safe Tech, requested the Council amend Resolution 21- 17, which pertained to wireless siting, for the revision and addition of language that protected residential zones. She stated it would not be difficult or utilize much staff or Council time. She emphasized the need for some level of protection of residential areas from wireless facilities and felt that the requested changes were unintentional omissions during the adoption of the resolution due to the hearing having gone on very late and everyone was exhausted.

E. Barry Haldeman, Malibu Arts Commission, requested the City provide an expedited review of an agreement between the City and Caltrans regarding a grant for the Malibu Arts Commission because it had very strict deadlines and he did not want the artist community and the community as a whole to lose out.

MOTION Councilmember Uhring moved, and Councilmember Pierson seconded a motion to allow public speaker, Kayla Nia, seven minutes for public comment. The question was called, and the motion carried 4-1, with Mayor Pro Tem Silverstein opposed.

Kayla Nia, Pepperdine University student, presented a video that discussed school safety.

Marilyn Cosentino deferred her time to Annie Ellis.

Malibu City Council
Minutes of October 10, 2022

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Annie Ellis commented on challenges the Cornucopia Farmers’ Market had experienced. She stated that at the Planning Commission meeting on February 29, 2016, Los Angeles County Supervisor Sheila Kuhl’s representative Maria Chong Castillo reassured the Commission that the farmers’ market would not be disturbed during Santa Monica College (SMC) construction and that there was no reason to add a provision to protect the farmers’ market operation because it was already taken care of. She stated that the operators of the farmers’ market met with the County and SMC, but a resolution had not been reached. She stated that construction workers installed a fence without any notice that blocked 80 feet and eliminated proper ingress and egress and pedestrian use of the sidewalk. She stated the solution was to permit the farmers’ market to operate on the perimeter of Legacy Park during the remainder of SMC construction. She stated she had grown up in Malibu and found it difficult to see Juan Cabrillo elementary school close but was glad students would not have to be bussed over to Santa Monica High School. She stated she found it sad to see so many equestrian facilities closing.

Benjamin Leeds commented on the farmers’ market and stated that proper ingress and egress were essential and anything that could be done to increase the size of the market would be appreciated. He stated that he would like utilities to be located underground rather than above ground wires.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary stated that the Government Finance Officers Association awarded a certificate of achievement to the city for excellence in financial reporting for Fiscal Year 2020-21. He reported that COVID-19 cases were trending downward. He stated that the County averaged 1,285 cases per day and hospital admissions averaged 76 per day, a decline of 20 percent from the week prior. He stated that the County encouraged vaccination. He stated that there was a slight increase in worksite clusters and that 95 percent of the Omicron variant tested was the BA.5 subvariant. He stated that community transmission levels were low enough for the Council to consider holding in-person meetings and recommended the Council consider that item in January after the new Council was seated. He stated that although the City was not a party to the agreement between the farmers’ market and the County, the value to the community was recognized and they were working toward a solution. He stated that use of the City’s Ioki lot for the farmers’ market was explored but it had not met County Health Department Standards as it was a dirt lot. He stated that the Public Works Department worked with the contractor to ensure sidewalk access to the farmers’ market every weekend. He stated he met with Senator Henry Stern and his staff and discussed the State requirement for cell sites to have backup power in the event of an extended power outage by July of 2021. He stated that providers were surveyed, and there was some response that they were working on having the requirement satisfied and others failed to respond. He requested Senator Stern help the City with compliance through the California Public Utilities Commission (CPUC) and the governor’s office. He stated that the City requested Senator Stern’s office help with arrangements to have the California Highway Patrol (CHP) units staged on Pacific Malibu City Council
Minutes of October 10, 2022

_________________________
Coast Highway (PCH), in advance of anticipated power outages and that their office was very receptive and indicated they would work with the CHP to see if that assistance could be provided. He reported that there would be a meeting of the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) on Wednesday, October 12, 2022, where changes to the City’s temporary use permit (TUP) code would be discussed. He announced that a request for proposals (RFP) for development services was issued and would conclude by the end of October. He stated a firm was sought for assessment of the City’s development services, which included the Planning Department, Building Safety Division, and the Public Works Department permit and application review process in addition to staffing levels and culture, organizational structure, policies and procedures, and customer service. He stated that a contract for the recommended firm would be brought before the Council and a detailed report would be provided by the firm by the early part of 2023.

Lieutenant Dustin Carr, Los Angeles County Sheriff’s Department, reported that the encampment at Surfrider Beach was addressed and a person experiencing homelessness was provided resources for shelter. He reported that night enforcement operations were conducted along PCH, and in a single night yielded 23 citations which included one oversized vehicle for various vehicle code violations. He reported that the Sheriff’s Department worked to have two individuals identified who possessed illegal substance paraphernalia in an attempt to refer them to services. He reported that an oversized vehicle survey was conducted, and 18 oversized vehicles were identified, and the survey would be continuous. He stated additional surveillance was implemented at Legacy Park so further incidences of vandalism or harassment could be prevented. He stated that a full crime report would be made available at the next Council meeting. He reported all crime trended downward, which included grand theft auto, arson, aggravated assault, and larceny or theft. He reported that a SMC student was arrested for assault against two SMC students. He requested anyone who may have been a victim of that person contact the Sheriff’s Department. He stated that the Malibu Triathlon ended without significant incidents, that one bicyclist was injured unrelated to traffic, and that a new traffic pattern was implemented which had the U-turn situated in different area, and that change worked well.

In response to Mayor Pro Tem Silverstein, Lieutenant Carr discussed enforcement of the City’s camping regulations and stated he was waiting for direction from his Department.

In response to Councilmember Uhring, Lieutenant Carr stated that when they received information that cars shows were planned the Department provided additional enforcement to keep PCH cleared and appropriately managed, but they were unaware of the recent unannounced gatherings referenced.

Lotte Cherin, Malibu Arts Commission, announced October was National Arts Month and many projects were planned. She stated that a community survey should be conducted to determine if there was interest in an Arts Center and the use of Malibu City Council
Minutes of October 10, 2022

_________________________
City’s vacant land should be explored. She discussed the submission of artwork for the Caltrans project and encouraged the Council to expedite the contact with Caltrans or an update be provided on the Council’s position on whether there would be participation by the City in the project.

Community Services Deputy Director Riesgo reported that staff was in the process of working with Caltrans on the art agreement.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Pierson invited Mr. Sampson to attend the half-marathon in November to see a well-run event. He acknowledged public speakers’ concerns and stated that things could take a long time as they worked through the challenges involved in the wireless matter and arts in Malibu and he would help how he could.

He thanked Ms. Nia for her presentation and stated school safety was a timely issue.

In response to public comment on the farmers’ market, he stated that when the City worked with other agencies, things did not always go as planned, that the City did not have a lot of control, and it was frustrating, but they would not give up. He thanked City Manager McClary for sharing the good news about the financial award and emphasized the importance of clear and organized financial reports. He thanked those involved in addressing emergency backup wireless power. He encouraged the public to participate in the upcoming ZORACES meeting on temporary use permits.

Councilmember Uhring discussed the volume of trash left at Zuma beach after the Malibu Triathlon and requested cleanup measures be implemented after events. He stated that the farmers’ market should be allowed to use the perimeter of Legacy Park until the parking lot safety issues were addressed by the County. He emphasized the importance of the farmers’ market to the community. He stated that artist Dawn Erickson created a brochure and lessen plan on the Dark Sky movement and requested the Council sign a letter to accompany the brochures when they were issued to the local schools.

Councilmember Farrer stated that the farmers’ market’s needs should be accommodated. She applauded the City for their excellence in financial reporting.

She thanked Lieutenant Carr for his informational reports and the attention to the illegally parked oversized vehicles and stated that she was glad when she heard there were no additional disturbing incidents in Legacy Park. She stated that the School District Reorganization Mediation meeting was cancelled. She announced a Library Speaker Series event would be held on October 11, 2022 that featured a shark attack survivor.

Mayor Pro Tem Silverstein recognized Indigenous Peoples Day 2022. He recommended exploring use of the paved City Hall parking lot for the farmers’ market. He suggested sending a letter to the County to encourage them to honor their commitment and find a solution for the difficulties experienced by the farmers’ market. He reported that he attended the Don Schmitz meeting held at Malibu City Council
Minutes of October 10, 2022

_________________________
Pepperdine University the prior week. He stated he researched Assembly Bill 988 which apparently exempted Malibu from the requirement of an expediated application response time which was part of the legislation when the Local Coastal Program was imposed on Malibu by the CCC. He stated it was falsely reported that the City enforced some rules against impairing environmentally sensitive habitat area (ESHA) and wetland on the property that Southern California Edison (SCE) covered with cement which was the subject of a CCC appeal. He stated that was regarding the Smith property which was the grassland between the property SCE covered with cement and the condominiums. He discussed the Grants Pass decision and stated it strengthened the laws that pertained to unhoused people in communities. He stated that there could be action against the formation of encampments.

Mayor Grisanti thanked Mayor Pro Tem Silverstein for the camping enforcement information and stated that more beds should be available in the County for unhoused persons as the social distancing guidelines had loosened and more occupants could be accommodated in a smaller area. He stated he spoke to Ms.

Castillo and she said that the County had a document, signed by Ms. Bianco, that acknowledged there would be difficulties for the farmers’ market during the SMC construction and they would do their best to minimize disruptions. He stated that he participated in meetings over a three-day period with the Metropolitan Water District about maintenance of their systems and that Malibu’s water was supplied by both the Colorado River and through the Central Valley and encouraged water conservation.

ITEM 3 CONSENT CALENDAR
MOTION Councilmember Pierson moved, and Councilmember Farrer seconded a motion to approve the Consent Calendar. The question was called, and the motion carried unanimously.

The Consent Calendar consisted of the following items:

B. New Items

1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 67124-67232 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. 711 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,476,374.62. City of Malibu payroll check number 5257-5262 and ACH deposits were issued in the amount of $249,880.24.

3. Approval of Minutes
Malibu City Council
Minutes of October 10, 2022

_________________________
Recommended Action: Approve the minutes for the December 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- 25, reauthorizing remote teleconferencing/virtual meetings pursuant to AB 361.

5. Amendment to Professional Services Agreement with Newbury Park Tree Service, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Newbury Park Tree Services, Inc. in the amount of $45,000 for a total not to exceed amount of $180,000 to extend the tree maintenance services for one year.

6. Bailment Agreement with the County of Los Angeles
Recommended Action: Authorize the City Manager to execute a bailment agreement with the County of Los Angeles to allow the Sheriff’s Department to use a new City vehicle for the Volunteers on Patrol program.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Appeal Nos. 22-002 and 22-003 - Appeal of Planning Commission Resolution No. 22-01 (22969 and 22959 Pacific Coast Highway; Appellants: Mani Brothers Real Estate Group and Patt Healy; Applicant: Steven Hakim; Property Owner: SKA Group, LLC and Surfrider Plaza, LLC).

Recommended Action: Continue the item to the October 24, 2022, Regular City Council meeting.

This item was continued to the October 24, 2022 Regular City Council meeting upon approval of the consent calendar.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
A. Implementation of Land Use Policy 3.18 Addressing the Use of Rodenticides, Insecticides and Herbicides
Recommended Action: Evaluate and provide staff with direction regarding the proposed policy to implement Land Use Policy 3.18 or direct staff to prepare an amendment to the City’s Local Implementation Plan to implement Land Use Policy

3.18. Planning Director Mollica presented the staff report.

Mayor Grisanti opened the floor for public comment.

Malibu City Council
Minutes of October 10, 2022

_________________________
Speakers: Joel Schulman, Kian Schulman, Cathy Schoonmaker, Michelle Black, Bill Sampson, Jenn Guess, Patt Healy, John Mazza, Jo Drummond, and Howard Rudzki.

Benjamin Leeds was not present at the time of the hearing.

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

The Council discussed the item and directed questions to staff and Ms. Black.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Pierson seconded, a motion to direct staff to: 1) prepare an amendment to the City’s Local Implementation Plan (LIP) to implement Land Use Policy 3.18; and 2) bring back a policy adopting an interpretation of “development”, as used in LIP Section 13.3, to include "the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas or coastal water quality or harm wildlife" and that such development is not classified as “maintenance” under LIP Section 13.4.2.

The Council discussed the motion and directed questions to Ms. Black.

The question was called, and the motion carried unanimously.

RECESS At 9:08 p.m., Mayor Grisanti recessed the meeting. The meeting resumed at 9:18 p.m. with all Councilmembers present.

B. Malibu Community Labor Exchange Permanent Trailer Project Recommended Action: 1) Receive report on the status of the City’s permanent trailer project for the Malibu Community Labor Exchange; 2) Evaluate project options and alternatives; and 3) Provide direction to staff on how to proceed with the project.

Deputy City Manager Shavelson presented the staff report.

Mayor Grisanti opened the floor for public comment.

Speakers: Marilyn Green, Oscar Mondragon, Stephanie Cupp, Kay Gabbard, Mary Trotter, and John Mazza.

Benjamin Leeds was not present at the time of the hearing.

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

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The Council discussed the item and directed questions to staff and Ms. Gabbard.

MOTION Mayor Pro Tem Silverstein moved, and Mayor Grisanti seconded, a motion to direct staff to bring back a definitive recommendation on how to proceed with the Malibu Community Labor Exchange Permanent Trailer Project on the County property within three months. The question was called, and the motion carried, unanimously.

ITEM 7 COUNCIL ITEMS
A. Santa Monica College Measure SMC – Opposed (Mayor Pro Tem Silverstein and Councilmember Uhring)
Recommended Action: At the request of Mayor Pro Tem Silverstein and Councilmember Uhring, consider adopting Resolution No. 22-44 strongly opposing Measure SMC, which would impose a debt upon the residents of Malibu if passed at the November 8, 2022 General Election.

Mayor Pro Tem Silverstein and Councilmember Uhring presented the report.

Mayor Grisanti opened the floor for public comment.

Bill Sampson and Benjamin Leeds were not present at the time of the hearing.

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

The Council discussed the item.

MOTION Mayor Grisanti moved, and Councilmember Uhring seconded, a motion to adopt Resolution No. 22-44 strongly opposing Measure SMC, which would impose a debt upon the residents of Malibu if passed at the November 8, 2022 General Election.

The Council discussed the motion and directed questions to staff.

The question was called, and the motion carried unanimously.

ADJOURNMENT
MOTION At 10:35 p.m., Mayor Grisanti adjourned the meeting in honor of Indigenous Peoples Day.

Malibu City Council
Minutes of October 10, 2022

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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)

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
OCTOBER 24, 2022

TELECONFERENCED - VARIOUS LOCATIONS
6:30 P.M.

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

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

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

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

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

Speakers: None.

RECESS TO CLOSED SESSION
At 5:34 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 (USD) from Territory in the Santa Monica-Malibu USD

REGULAR SESSION CALL TO ORDER
Mayor Grisanti called the meeting to order at 6:44 p.m.

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

Attachment #2
Malibu City Council
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PRESENT: Mayor Paul Grisanti; Mayor Pro Tem Bruce Silverstein; and Councilmembers Karen Farrer, Mikke Pierson, and Steve Uhring
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Jesse Bobbett, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Elizabeth Shavelson, Deputy City Manager; T’Ana Christiansen, Deputy City Clerk; Kristin Riesgo, Deputy Community Services Director; Paolo Quinto, Environmental Health Administrator; and Adrian Fernandez, Assistant Planning Director

PLEDGE OF ALLEGIANCE
Mayor Grisanti led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin 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 all Councilmembers present. He stated the Council discussed the item on the Closed Session agenda with no reportable action.

APPROVAL OF AGENDA
MOTION Councilmember Farrer moved, and Mayor Pro Tem Silverstein seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on October 14, 2022, with amended agenda posted on October 21, 2022.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of Commendation to Jeff Jennings
Mayor Grisanti presented the commendation for Jeff Jennings’ contributions to the Malibu community.

Jeff Jennings thanked the Council for its recognition and commented on staff retention and the role of the City Manager.

B. Presentation of Commendation to Craig Foster
Mayor Grisanti presented the commendation for Craig Foster’s contributions to the Malibu community and the schools.

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Craig Foster thanked the Council and stated he was honored by the recognition.

C. Proclamation Recognizing November 9, 2022 as Malibu’s Annual Day of Preparedness

Mayor Grisanti presented the proclamation to Public Safety Manager Dueñas and proclaimed November 9, 2022 as Malibu’s Annual Day of Preparedness.

Public Safety Director, Dueñas thanked the Council for its recognition and encouraged the community to improve its emergency preparedness.

D. West Basin Municipal Water District Drought and Programs Update

Scott Houston presented an update on West Basin Municipal Water District Drought and Programs.

ITEM 2.A. PUBLIC COMMENTS
Don Schmitz presented slides that displayed excerpts from a form he found on the City’s website, and from the Malibu Municipal Code that indicated swimming pools were not counted in impermeable coverage calculations. He stated that the change in interpretation by the Planning Department had dramatic implications for homeowners who wanted a pool built and for those with pools that wanted additions to their homes. He stated that any significant changes to interpretations should have involved public input, discussion at a Zoning Ordinance and Revisions and Code Enforcement Subcommittee (ZORACES) meeting, and considered by the Planning Commission.

Arfarkhashad Munaim, Schmitz and Associates, commented on impact to homeowners if swimming pools were counted toward impermeable lot coverage and stated that any such change of interpretation should have gone through a vetting process.

Chris Deleau, Schmitz and Associates, stated that as a professional land use planner and attorney for the past 20 years he agreed that Malibu was a unique place and needed to be protected. He stated that Schmitz and Associates had never advocated for less stringent development standards, but changes to interpretation of the code should not be applicable to projects that were midway through the process. He requested codes and policies be applied as they existed, and if changes were desired, then to take those changes through the process of ZORACES and a Local Coastal Program (LCP) Amendment.

Scott Halley stated that he was a small business owner for the past 45 years in the construction industry and he had four projects put on hold during the past month and he had never seen delays as severe. He stated the delay factors included the COVID-19 pandemic, 2018 Woolsey Fire, inflation, supply chain delays, and elevated interest rates. He stated that he sought relief for Malibu residents in the Malibu City Council
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process of building single-family homes. He discussed the challenges for those rebuilding from the Woolsey Fire. He stated that all of those factors considered, he thought it would be reasonable, fair, and decent if the City of Malibu allowed the residents one year stay for their permits to be kept open.

Debra Bianco stated that the County and Santa Monica College promised Malibu that the farmers’ market would go untouched. She stated that little by little property for the market was taken away and that 15 vendors had to be let go. She stated that she and the vendors that remained had a meeting the prior Friday with the City Manager and the Deputy City Manager and requested the County notify her in advance if more space was going to be taken away. She requested the Council allow the farmers’ market to use of Legacy Park.

Marilyn Cosentino spoke in favor of the farmers’ market and stated that the farmers’ market was not protected as promised. She discussed ongoing changes to the farmers’ market space. She stated that the contract indicated there would be no disturbance of the market and the disruption was on its eighth week. She stated that she was frustrated, and farmers had lost money.

Evan Contino, Burdge Architects, stated that there should be a more formal legislative process and notice given for drastic reinterpretations of the code as was the case in swimming pools and spas considered impermeable lot coverage. He stated that applicants subjected to changes after the project had been carefully designed and submitted was catastrophic. He stated that changes should not be retroactive.

E. Barry Haldeman stated that the Mountains Recreation and Conservation Authority (MRCA) had scheduled a virtual scoping meeting on Thursday, October 27, 2022, for discussion of large-scale camping plans and he urged the public to submit written comments to the MRCA. He commented on the Malibu Film Society’s search for a venue for film screenings and stated that the Malibu Pacific Church was the only suitable option. He stated that he was disappointed when Councilmember Uhring inicated at the ZORACES meeting that the Malibu Film Society should not be allowed to run their full schedule out of Malibu Pacific Church. He stated that as a creative community Malibu should have a venue to host screenings.

Noah Taublieb stated his concern about the farmers’ market’s potential removal.

He stated that many families treasured the market and it was one of the few regularly occurring events geared toward the residents rather than tourists. He requested the Council’s assistance in supporting the market.

Lester Tobias discussed permit policies for additions and referenced a presentation that was sent to the Council over the weekend. He discussed the current code requirements for additions and remodels. He stated that the premise for the proposed policy was false as it promised improved efficiency in the processing of projects, yet all it did was add another layer of review and another means of Malibu City Council
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challenging otherwise decent projects and led to further delays.

Jefferson Wagner discussed the formation of a creative library foundation. He and Candace Brown introduced a video which outlined progressive uses for libraries.

He referenced recent newspaper articles that cited activities the Malibu Library hosted that served the specific needs of the community.

Hap Henry voiced his support for the farmers’ market, the Malibu Film Society, and Malibu Little League and requested the Council’s support of valuable community organizations. He announced a candidates’ forum and a MRCA hearing were scheduled for Thursday, October 27, 2022. He voiced his opposition to camping at Bluffs Park and property just outside of the Malibu city limits at Ramirez Canyon and stated that it was reckless and irresponsible and not what the Malibu community needed.

Lindsey Horvath, West Hollywood City Councilmember, commented on fire safety and preparation. She stated coordination, upgrades, and improvements were underway and needed to be continued for the region to better withstand and respond to wildfires.

Annie Ellis stated fire safety, library, and films were important. She commented on how slowly rebuild permits were processed. She stated that as a Malibu resident for 65 years, some of her favorite things were taken away and encouraged the Council to help preserve the farmers’ market. She requested the market be moved to Legacy Park soon to avoid the loss of vendors.

Norm Haynie stated the reason swimming pools were considered permeable was because rainwater fell into the pool which prevented an excessive amount of water from running off the property and into the drainage system. He stated that was the logic behind the original concept of swimming pools not being included in the impermeable calculation.

Bill Sampson stated that the candidates’ public safety forum was scheduled for Thursday, October 27, 2022, at an establishment in the Trancas Country Market shopping center and the virtual MRCA scoping meeting was scheduled for Thursday, October 27, 2022.

Barbara Burke was not present at the time of the hearing.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary reported a public safety power shut off watch was issued, but ultimately a shutoff was avoided. He stated that there was high risk for wildfires over the next few months and encouraged community emergency preparedness. He reported that COVID-19 community transmission and hospitalization rates remained steady. He stated that the County reported the prevalence of three potentially highly contagious subvariants that could lead to increased cases during Malibu City Council
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the upcoming winter season. He reminded the community that booster vaccines were available to those who had their vaccine more than two months prior. He stated that the County reported more that 80 percent of the population had received the initial vaccination series, and seven percent had received the bivalent booster.

He stated that a notice of preparation of an environmental impact report was received for the camping project proposed by the MRCA, titled “The Malibu Lower Cost Accommodations Public Works Plan” which included two sites, Bluffs Park, within the City of Malibu, and Ramirez Canyon Park, located just north of the Malibu city limits. He stated that the City issued information to the community on the virtual scoping meeting which would be held Thursday, October 27, 2022. He stated that public comment would be accepted during the 60-day scoping period which would end on December 16, 2022, and that the City would submit written comments. He stated that California Governor Gavin Newsom announced that the COVID-19 state of emergency would end on February 28, 2023. He stated that the matters of in-person meetings and the allowance of outdoor dining needed to be addressed. He thanked the Big Rock Mesa Property Owners Association for his inclusion in their annual event and stated that he enjoyed meeting their members.

He stated that tentative items for the November 14, 2022 City Council meeting would be the Malibu Triathlon agreement and a report on the day-use impound lot.

He stated that the contract for the PCH signal synchronization project was tentatively scheduled for the November 28, 2022 Council meeting and a discussion on short-term rentals and the return of in-person meetings would be discussed at a January 2023 City Council meeting.

Planning Director Mollica provided an update on the snack shack located at Bluffs Park and stated the existing snack shack was considered an existing nonconforming use. He stated that the City’s zoning ordinance identified refreshment stands required a conditional use permit (CUP), and they were only conditionally permitted in three of the City’s commercial districts which did not include the Open Space District Bluffs Park was designated. He stated options were being explored such as a code change or another way to have food services at the park. He provided an update on the City’s wireless LCP amendment which was at the California Coastal Commission (CCC), and he stated that the wireless amendment was bundled with the beachfront signage amendment because the City was limited to three LCP amendment submittals per year. He stated that the City’s 2021 – 2029 Housing Element Update adopted by Council in January 2022 would be submitted to the United States Department of Housing and Urban Development (HUD) as required by law. He stated that requests for clarification from HUD were being addressed by the City’s consultants. He stated that the swimming pool interpretation was not the new issue and he would research the matter. He stated that about a decade prior a discrepancy was found between the City’s stormwater runoff requirements and how, in the engineering world, swimming pools were considered to be an impermeable surface because there were many infinity edge pools that discharged water during stormwater events. He stated that was the reason the Public Works Department reviewed pools and they were considered impermeable surfaces for the purposes of stormwater runoff requirements. He stated that he was not aware of any project denials, and the issue would be studied.

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Lieutenant Dustin Carr, Los Angeles County Sheriff’s Department, stated that an individual experiencing homelessness was assisted through a collaboration of the homeowner and members of the public when her vehicle ran out of gas. He provided an update about the concern that a car show was planned that would conflict with the November 5, 2022 kids fun run during the half-marathon event, and reassured the Council and the community that barricades that would prevent cars from being staged in the area would be set up the evening prior to the event.

He stated that there would be increased law enforcement personnel available during the event and there would be zero tolerance for dangerous behavior and exhibition of speed. He provided an end-of-the-quarter report, as of September 30, 2022, aggravated assaults were down 14 percent, robberies were down 33 percent, armed robberies were down 57 percent, auto theft down 54 percent, and petty theft down 33 percent. He stated that residential burglaries were up 75 percent and were an area of concern. He encouraged the public to lock their homes, have a video security system installed, and a professionally installed high-quality safe for valuable items.

He stated that arrests were made in connection with some of the burglaries and that there were no burglaries with a high-value significant loss of property. He stated that traffic collisions had increased year-to-date, but there was a 50 percent reduction in fatalities.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Farrer stated that a solution to help the farmers’ market should be found and that the City should use its leverage if the County and SMC had not honored their commitments. She thanked Planning Director Mollica for his clarification of the City’s interpretation of the permeability of swimming pools. She stated that she signed up for participation in the upcoming MRCA virtual scoping meeting and stated that she was in opposition to their camping proposal. She stated that the snack shack at Bluffs Park should be allowed and that any code changes necessary for it to be compliant should be pursued or another solution found such as a recurring food truck. She reported that at the Las Virgenes-Malibu Council of Governments (COG) meeting, the Los Angeles County Fire Department announced new fire evacuation routes would be forthcoming on October 25, 2022. She commented on the recent Library Speaker Series event that featured a shark attack survivor turned motivational speaker and conservationist and encouraged community attendance of the series. She stated that preparation efforts should be made for potential public safety power shutoffs.

Councilmember Uhring commented on fire safety and the dangers caused by camping in the hills. He stated that he attended the Santa Monica Bay Restoration Commission meeting and that efforts by the Water District for rainwater recapture were discussed. He presented a brochure on the Dark Sky ordinance and stated that the artist who created it developed a curriculum for distribution to the schools. He stated he left an endorsement letter for the brochure at the reception desk at City Hall and encouraged Councilmember signatures. He commented on the Malibu Film Society’s search for an appropriate screening venue and stated that some of Malibu City Council
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the letters he saw did not eliminate City Hall for screenings, only that it was not the ideal facility and suggested modifications that improved the suitability of City Hall for film screenings. He stated that he had read in several publications that COVID19 numbers increased in the eastern portion of the country, perhaps due to their climate. He commented on the difficulties experienced by the farmers’ market and stated that efforts to have it held at Legacy Park should be pursued.

Councilmember Pierson thanked Mr. Jennings and Mr. Foster on their service to the community. He thanked public speaker Mr. Houston for his presentation on water supply challenges. He commented on the public safety power shutoffs that were likely during the upcoming fire season and encouraged community preparation. He stated that the farmers’ market needed to be accommodated during SMC construction. He stated that the ZORACES meeting was rescheduled due to a power outage and that the temporary use permit code changes were being worked on. He stated he was opposed to the MRCA proposal that allowed camping and that it was a major safety concern. He thanked Ms. Brown for sharing the video presentation on library usage.

Mayor Pro Tem Silverstein encouraged the community’s participation in the upcoming election. He congratulated Mr. Jennings and Mr. Foster on their commendations. He stated that proponents of slow growth in Malibu felt that some poor decisions were made over the years. He stated that at the prior Council meeting, with respect to the poison free implementation, the Council directed staff to bring back a proposed amendment to the Local Implementation Plan (LIP) to implement the Land Use Plan provision that was approved by the CCC, and they directed staff from that point forward to construe the LIP provision that deals with Coastal Development Permits (CDP) in a specific way. He stated that the action item came back a few days later that stated that the Council resolved to direct the staff to prepare the amendment and directed staff to bring back a policy for construing the LIP. He requester the public submitting correspondence early. He stated that it was great that the end of COVID-19 state of emergency was near, provided it was consistent with reality. He stated he did not think there should be an immediate end to the existing outdoor dining and that continuation of the practice might be considered. He commented on the snack shack, farmers’ market, and Malibu Film Society, and stated that laws should be honored but local groups that provided community value deserved consideration. He stated that the zoning ordinances should be assessed. He stated that prior to the City Hall building’s conversion to offices, it was a performing arts center and possibly could be upgraded for the Malibu Film Society screenings. He stated that Legacy Park was deed restricted and the use of the City Hall parking lot to accommodate the farmers’ market should be explored. He commented on the swimming pool interpretation and stated that when there were changes there should be a proper process followed by ZORACES and the City Council and that reinterpretation should not be done by the Planning Department. He stated that he thought it inappropriate for public speakers to be interrupted when it sounded like their comments approached a subject listed on the meeting agenda. He stated that he agreed that a modern library was not simply a book depository, that it played a much larger role in the Malibu City Council
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community.

Mayor Grisanti stated that he attended a SMC scoping meeting and construction was anticipated to conclude by mid-November which could help the farmers’ market. He stated that he had a conversation with the Los Angeles County Supervisors’ office, and that the farmers’ market contract was with the Board of Supervisors and not the City of Malibu. He discussed the information provided by Planning Director Mollica and stated it did not make sense for all pools to be treated as if they were zero-rim pools.

ITEM 3 CONSENT CALENDAR
MOTION Mayor Pro Tem Silverstein moved, and Councilmember Pierson seconded a motion to approve the Consent Calendar and amend the typographical error in the fee schedule of Exhibit A of Item No. 3.B.5. The question was called, and the motion carried unanimously.

The Consent Calendar consisted of the following items:

B. New Items

1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 67233-67356 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. 712 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $3,010,038.57. City of Malibu payroll check number 5263-5268 and ACH deposits were issued in the amount of $256,055.87

3. Approval of Minutes
Recommended Action: Approve the minutes for the December 16, 2021 Malibu City Council Special meeting and December 28, 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- 25, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.

5. Comprehensive School Safety Assessment Consultant Agreement Recommended Action: 1) Authorize the Mayor to execute the Professional Services Agreement with Guidepost Solutions LLC for Comprehensive School Safety Assessment; and 2) Appropriate $66,000 from the General Fund Undesignated Reserve to Account Number 100-7003-5100-00 (City Manager - Professional Services).

6. Malibu Road Drainage Repair Project
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Recommended Action: 1) Authorize the Mayor the execute a construction contract with Hank Co. Inc. dba MD Engineering in the amount of $154,291 for the Malibu Road Drainage Repair Project Specification No. 2099; 2) Authorize the Public Works Director to approve potential change orders up to 20% of the contract; and 3) Appropriate $56,000 in Account No. 102- 9215-5100.00 (Malibu Road Drainage Repairs).

RECESS At 9:04 p.m., Mayor Grisanti recessed the meeting. The meeting resumed at 9:20 p.m. with all Councilmembers present.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Appeal Nos. 22-002 and 22-003 - Appeal of Planning Commission Resolution No. 22-01 (22969 and 22959 Pacific Coast Highway; Appellants: Mani Brothers Real Estate Group and Patt Healy; Applicant: Steven Hakim; Property Owner: SKA Group, LLC and Surfrider Plaza, LLC) (Continued from October 10, 2022) Recommended Action: Adopt Resolution No. 22-43, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal Nos. 22-002 and 22-003 and approving Conditional Use Permit Amendment No. 13-006 and Joint Use Parking Agreement (JUPA) No. 14-001 amending Conditional Use Permit (CUP) No. 09-009 and JUPA No. 10-001 to reduce the restaurant service area, increase retail tenant space, and decrease the number of required off-site parking spaces (22959 Pacific Coast Highway) located in the Commercial Visitor Serving-One (CV-1) zoning district at 22969 and 22959 Pacific Coast Highway (SKA Group, LLC and Surfrider Plaza, LLC).

Assistant Planning Director Fernandez presented the staff report.

Disclosures: Mayor Grisanti, Mayor Pro Tem Silverstein, and Councilmembers Farrer, Pierson, and Uhring
Mayor Grisanti opened the floor for public comment.

Speakers: Brittani Jackson, Patt Healy, Steven Hakim, Seena Samimi, Shelby Meade, Suzannah Owens, Judy Ettinger, Kelly Furano, Brandon Jenner, Stella Allan, Nick Eliopoulos, Hap Henry, Ann Doneen, Lonnie Gordon, Colin Drummond, Jo Drummond, Richard Gibbs, Satchel Lieberman, Brian Conway, and Helene Muddiman
Bill Sampson, Jefferson Wagner, and Barbara Burke were not present at the time of the hearing.

Ms. Jackson, Ms. Healy, Alexander Hakim, and Steven Hakim provided rebuttal to public comment.

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

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The Council discussed the item and directed questions to staff.

MOTION Councilmember Pierson moved, and Councilmember Farrer seconded a motion to adopt Resolution No. 22-43, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal Nos. 22-002 and 22-003 and approving Conditional Use Permit Amendment No. 13-006 and Joint Use Parking Agreement (JUPA) No. 14-001 amending Conditional Use Permit (CUP) No. 09-009 and JUPA No. 10-001 to reduce the restaurant service area, increase retail tenant space, and decrease the number of required off-site parking spaces (22959 Pacific Coast Highway) located in the Commercial Visitor Serving-One (CV-1) zoning district at 22969 and 22959 Pacific Coast Highway (SKA Group, LLC and Surfrider Plaza, LLC).

The Council discussed the motion and directed questions to staff.

The question was called, and the motion carried, 3-2, with Councilmember Uhring and Mayor Pro Tem Silverstein opposed.

B Appeal No. 21-011 - Appeal of Planning Commission Resolution No. 21-53 (23325 Malibu Colony Drive; Owner, Axel 23324, LLC; Appellant, Judith Israel) Recommended Action: Continue this item to the November 14, 2022 Regular City Council meeting.

The item was continued to the November 14, 2022, Regular City Council meeting upon approval of the agenda.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
A. Malibu Library Set Aside Funds for Fiscal Year 2023-2024 Recommended Action: Approve a prioritized list of issues to be discussed at the yearly meeting between the City and County Library to discuss the use of the Malibu Library Set Aside Funds for Fiscal Year 2023-2024.

The item was continued to the November 14, 2022, Regular City Council meeting.

ITEM 7 COUNCIL ITEMS
None.

ADJOURNMENT
At 12:09 a.m., on October 25, 2022, Mayor Grisanti adjourned the meeting.

Malibu City Council
Minutes of October 24, 2022

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

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
OCTOBER 28, 2022

TELECONFERENCED - VARIOUS LOCATIONS
10:00 A.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 10:01 a.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 (arrived at 10:39 a.m.), and Councilmembers Karen Farrer and Mikke Pierson
ABSENT: Councilmember Steve Uhring
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; and Kelsey Pettijohn, City Clerk

PUBLIC COMMENT ON CLOSED SESSION
Mayor Grisanti opened the floor to public comment. As there were no speakers present, he returned the matter to the table for discussion.

RECESS TO CLOSED SESSION
At 10:03 a.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

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

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD
At 10:43 a.m. Mayor Grisanti reconvened the meeting with Councilmember Uhring absent.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 10:00 a.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(1), with Mayor Grisanti and Councilmembers Farrer and Pierson present, Attachment #3
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Mayor Pro Tem Silverstein was present at 10:39 a.m., and Councilmember Uhring absent.

He stated that the Council voted 3-1, with Mayor Pro Tem Silverstein abstaining, to approve a proposed term sheet with the Santa Monica-Malibu Unified School District (USD). The term sheet contained a conceptual framework which sets forth the process and timeline for the creation of an independent Malibu USD. He stated the Council also authorized its legal and financial consultants to continue to negotiate three separate agreements contemplated by the term sheet that would accomplish a full separation:

Revenue Sharing agreement, Operational agreement, and a Joint Powers agreement. He stated the City and District would continue the negotiations with the mediator to finalize the agreements. He stated should the contemplative processes be accomplished within the proposed timeframes, an independent Malibu USD could be formed by July 1, 2024. He stated a full copy of the term sheet would be made available to the public.

ADJOURNMENT
At 10:45 a.m., Mayor Grisanti adjourned the meeting.

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

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: August 30, 2023 Meeting date: September 11, 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
09-11-23
Item

3.B.4.

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

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

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

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Reviewed by: Yolanda Bundy, Environmental Sustainability Director Approved by: Steve McClary, City Manager
Date prepared: August 16, 2023 Meeting date: September 11, 2023 Subject: Professional Services Agreement with Iris Consulting RECOMMENDED ACTION: Authorize the Mayor to execute the Professional Services Agreement with Iris Consulting for software development and system integration.

FISCAL IMPACT: Funding for this amendment is included in the Adopted Budget for FY 2023-24, in Accounts 101-2001-5100 (Planning Professional Services),101-2004-5100 (Building Safety Professional Services), 101-2010-5100 (Wastewater Management Professional Services), 101-3003-5100 (Clean Water Professional Services), 100-3008- 5100 (Public Works Professional Services), 100-7007-5100 (City Clerk Professional Services), Finance Professional Services (100-7054-5100) and 102-3002-5100-02 (Woolsey Fire Professional Services). Compensation will not exceed $145,500 annually.

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

However, the consultant’s work supports numerous items on the work plan. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: The City currently utilizes a proprietary database to track development projects through the planning, building safety, and public works review process. The database also supports Finance, Code Enforcement and the Environmental Programs.

In 2019, the City issued a request for proposals for software development and system integration services. Based on the evaluation of the proposals submitted and the interviews conducted, staff recommended entering into an agreement with Iris Consulting (Consultant). On September 23, 2019, Council authorized a two-year agreement with Iris Consulting in an amount not to exceed $120,500 annually. The City Council Meeting
09-11-23
Item

3.B.5.

Agenda Item # 3.B.5.

Council extended the term of the agreement with the Consultant to expire on September 30, 2023 as the City proceeds with the development and implementation of a new software program.

In FY 2021-22, Council added Work Plan Item No. 6.o. - Develop and Implement New Permitting Software Program. In September 2022, the City released a request for proposals for a land management program to replace the existing development database. Demonstrations were conducted in person so City staff would have the opportunity to consider the advantages and disadvantages of each proposed program.

As the City prepares for the transition to new software, it will be essential to keep operations such as land use management, permitting, and code compliance/case management running seamlessly. It is anticipated that the existing system will need to operate simultaneously with the new system until implementation is complete.

Recently, the Consultant has added critical features to the development database to increase digital capabilities including online submittal portals for building plan checks, building permits, and planning applications, added automated workflows for digital documents, added automated templates, reports and notifications, created an operating permit module for wastewater permits, designed tracking and reporting features to monitor new ownership for the Woolsey Fire Fee Waiver program, added tracking modules for environmental health and geotechnical reviewers, and added new features to both the environmental programs and the code enforcement module. These improvements have been performed for approximately $65,000, well under the annual not to exceed amount. In order to continue with these new features and ensure a high level of service to City residents, a new agreement with Iris Consulting is appropriate with an increased annual not to exceed amount to allow for rising costs and any additional features deemed necessary. Additionally, the City will need the technical expertise of a consultant who has historical knowledge to help facilitate the transition to the new permitting software.

Staff suggests authorizing the Mayor to execute an agreement with Iris Consulting. The City has utilized Iris Consulting to provide specialized consulting services and believes they consistently provide excellent service to the City for support and maintenance of the development database software.

ATTACHMENT:

1. Professional Services Agreement with Iris Consulting

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of September 11, 2023 by and between the City of Malibu (hereinafter referred to as the "City"), and IRIS Consulting (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 consulting services relating to software development and systems integration.

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 October 1, 2023, and will remain in effect for a period of three (3) years from said date 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 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 (Exhibit B). The cost of services shall not exceed $145,500 annually, for a total amount not to exceed $585,000. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or designee.

Agreement for Professional Services
IRIS Consulting

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.

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.

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
IRIS Consulting

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.

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
IRIS Consulting

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.

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 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 Agreement for Professional Services
IRIS Consulting

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 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 Agreement for Professional Services
IRIS Consulting

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 follows:

CITY: Steve McClary CONSULTANT: Lorrie Feinberg
City Manager Owner
City of Malibu IRIS Consulting
23825 Stuart Ranch Road 4774 Park Granada, Suite 10
Malibu, CA 90265-4861 Box 8551
TEL (310) 456-2489 x 226 Calabasas, CA 91372
FAX (310) 456-2760 TEL (818) 632-8198

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 assuming-office, annual, and leaving-office financial reporting obligations under the Agreement for Professional Services
IRIS Consulting

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 ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of October 1, 2023.

CITY OF MALIBU:
___________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
CONSULTANT:
_______________________________
By: LORRIE FEINBERG
Owner
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org

IRIS Exhibit A
Software Development and Systems Integration
Scope of Work
(Exhibit A)
SCOPE OF SERVICES: The City of Malibu currently utilizes a mixture of custom databases, City hosted software services, and web-based programs to conduct daily City business activities.

Consultant shall provide technical support for existing IT applications including, but not limited to:
• Acella for City finance and human resources functions • OnBase by Hyland for document and agenda management
• Custom built Microsoft Access Applications, SQL databases, and Visual Studio. Net applications for community development review, transient occupancy tax, and alarm permits
• ARC GIS by ESRI
• Civic Plus for web content management
• PrimeGov and YouTube for video broadcast and hosting
• Turbo data Systems Inc. for parking citation administration • Host Compliance for short-term rental administration
• Entrapass by Kantech for building security
• RecPro for community services programming
• An Integrated Wastewater Information Management System custom-built for tracking wastewater permits and related notifications
• Stripe Online Payments
• Microsoft Office 365 Business Online Applications (SharePoint Land Development portal)
• Bluebeam for electronic plan review
• DocuSign for digital signatures
Consultant shall provide technical support for the City’s existing custom-built SQL and access database particularly the City’s specialized applications for community development review, develop integrative tools for all the City’s applications and create statistical reports to support the City’s business activities.

As part of this work, the consultant shall be responsible for performing the following tasks:
• Administering, maintaining, and updating the City’s custom-built applications for transient occupancy tax, alarm permits, environmental programs and community development which includes over 10 different modules

IRIS Exhibit A
• Configuring upgrades to the City’s custom-built Microsoft Access Applications, SQL databases, and .Net applications to increase operating efficiencies and/or adapt to new requirements
• Designing and developing new features for the existing custom-built applications as directed
• Developing stored procedures to meet user agreements
• Analyzing users’ business processes and reporting requirements and making process improvements recommendations as requested
• Integrating and maintaining the interface between the City’s custom-built applications and the City’s OnBase program
• Integrating and maintaining the interface between the City’s custom-built applications and the City’s Topaz Signature Pad program
• Integrating and maintaining the interface between the city’s custom-built applications and the City’s Accela program
• Developing online forms
• Developing online public portals for the City’s custom-built SQL databases • Providing technical expertise for the implementation of electronic permitting services • Performing System Administration duties including but not limited to macro creation, document creation, dynamic folders, creating and maintaining import processes, keyword update processes, workflow setup and management, report writing and external application connection
• Read, understand, and write computer code for City’s proprietary database • Attending meetings to discuss assignments, establish workflow, project priorities, and communicate project status
• Maintaining communication and cooperative working relationships with City staff, software providers and outside agencies
• Working onsite at Malibu City Hall as directed
• Responding to data queries within one to two hours upon request • Delivering high level of customer service to all City staff and departments • 24/7 technical support including assessment, diagnosis, documentation, and resolution of issues as needed in case of emergencies
• Providing other systems integration and development work as assigned • In order to perform this work, the selected consultant shall be knowledgeable of the following:
• Municipal government with the emphasis of knowledge in the development application permitting processing and environmental programs
• Municipal records management and familiarity with records and workflow processes • Extensive programming experience in MS Windows environment Microsoft Office, VB, VB.NET, C#, Microsoft SQL Server, T-SQL, Crystal Reports, HTML, XML, and JavaScript in a networked environment using Microsoft servers • Comprehensive knowledge and understanding of computer systems, hardware, and software operations and principles
• Knowledge of fundamental concepts, practices and procedures of application development and documentation
• Software systems administration and systems analysis
• Software system configuration, maintenance, and problem resolution

IRIS Exhibit A
• Principles of relational database maintenance
• Web development languages and best practices
• Statistical report development
• Providing training to staff and documenting hot the software systems work Regular Office Hours
Consultant to work onsite work as needed and be available to provide phone support between the hours of 7:30 AM - 5:30 PM PST. If the City is unable to connect to a live person during this time, the City shall receive a prompt callback.
24/7 Support
The consultant shall provide 24/7 technical support including assessment, diagnosis, documentation, resolution of issues and individual workstation support for viewing and training as needed in case of emergencies. The consultant shall be notified of emergent issues via phone or email flagged with importance level as high and will receive a prompt response.

IRIS Exhibit B
Compensation for Services
(Exhibit B)
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. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his designee.

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.

IRIS Exhibit B
Task Cost Estimate for Software Development and Systems Integration The fees listed below are estimates only. The total annual not to exceed amount is $145,500.

Department/Modules Account Agreement
Planning 101-2001-5100.00 $30,000
Building Safety
.
101-2004-5100.00 $70,000
Wastewater Module 101-2010-5100.00 $5,000
Clean Water Programs 101-3003-5100.00 $5,000
City Clerk Document Imaging Services 100-7007-5100.00 $5,500 Public Works 100-3008-5100.00 $15,000
Woolsey Fire Database Module 102-3002-5100.02 $10,000
Finance 100-7054-5100.00 $5,000
Total Annual Not to Exceed Amount $145,500
Standard Fee Schedule
IRIS Consulting Fee Schedule
Description Fee
Onsite and Remote
Includes all remote work and all onsite visits before 5:30 PM Principal
Assistant
$135.00/Hour
$80.00/Hour
Offsite (Non-Remote)
Includes all offsite (not at City hall) including expert witness work Principal
Assistant
$155.00/Hour
$100.00/Hour
After Hours Onsite
Includes all onsite work after 5:30 pm.

Principal
Assistant
$155.00/Hour
$100.00/Hour
Miscellaneous
Mileage and travel time are not charged to the client, however a minimum charge for onsite work is 2 hours.

N/A

Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Reviewed by: Yolanda Bundy, Environmental Sustainability Director Approved by: Steve McClary, City Manager
Date prepared: August 23, 2023 Meeting date: September 11, 2023 Subject: Assignment of Agreement to Bureau Veritas North America, Inc.

RECOMMENDED ACTION: Authorize the Mayor to execute an Assignment of Agreement with Bureau Veritas / California Code Check to Bureau Veritas North America, Inc.

FISCAL IMPACT: There is no fiscal impact associated with the Assignment of Agreement. Funding for these services are included in the Adopted Budget for FY 2023- 24 in Account No. 101-2004-5100 (Building Safety and Sustainability Professional Services).

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

This 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 January 28, 2019, the City entered into an Agreement with Bureau Veritas/California Code Check for plan check consulting services related to the Woolsey Fire Recovery Project. The term of this Agreement does not include a specific date, but rather the Agreement ends with the completion of rebuild efforts in Malibu.

In November of 2020, Bureau Veritas acquired California Code Check as a plan review subsidiary within the corporation. At that time the City discussed the Assignment of Agreement with both companies. Bureau Veritas and California Code Check opted out of the Assignment keeping the former California Code president in place as the Malibu contract signatory for the Woolsey Fire contract. Recently Bureau Veritas has requested to complete the name assignment to remove California Code Check as the signatory, City Council Meeting
09-11-23
Item

3.B.6.

Agenda Item # 3.B.6.
and to provide updated insurance documents. The Assignment of Agreement reflects this change.

ATTACHMENTS: Assignment of Agreement with Bureau Veritas / California Code Check

ASSIGNMENT OF AGREEMENT
THIS REQUEST FOR ASSIGNMENT OF AGREEMENT is made to the City of Malibu on September 11, 2023, by California Code Check, hereinafter referred to as Consultant.

R E C I T A L S
A. On January 28, 2019, the City entered into an Agreement with Consultant for plan check consulting services related to the Woolsey Fire Recovery Project (the “Agreement”).

B. Consultant desires to assign or transfer interest in the Agreement to Bureau Veritas North America, Inc., Assignee.

C. City has determined that the assignment is in the public interest and consistent with the purposes of the Agreement.

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

1. Request. Pursuant to Section 6.2 of the Agreement, California Code Check hereby requests permission to assign the agreement between the City and California Code Check to Bureau Veritas North America, Inc.. The reason for the assignment is acquisition of company.

Bureau Veritas North America, Inc. warrants that they possess the skill and training to fully undertake the obligations of the Consultant under the Agreement and agree to all its terms.

2. Approval. This request is hereby granted by the City of Malibu on __________, 2023, and is effective as of July 1, 2023. Consultant is excused from further obligations under the Agreement and Bureau Veritas North America, Inc. hereby assumes all Consultant’s obligations under the Agreement.

3. Limited Amendment. All terms and conditions of the Agreement remain in full force and effect.

CONSULTANT: ASSIGNEE:
____________________________________ _____________________________________ By: Tom Harris, California Code Check By: Craig Baptista, Bureau Veritas Title: President Title: Vice President – West Region
Contact: (805) 499-4584 Contact: [email protected] CITY OF MALIBU:
___________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________________ __________________________________ KELSEY PETTIJOHN, City Clerk TREVOR RUSIN, Interim City Attorney (seal)

Agenda Item # 3.B.7.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Reviewed by: Yolanda Bundy, Environmental Sustainability Director Approved by: Steve McClary, City Manager
Date prepared: August 23, 2023 Meeting date: September 11, 2023 Subject: Amendment No. 2 to Agreement with Environmental Science Associates for the Coastal Vulnerability Assessment
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 to agreement with Environmental Science Associates to: 1) increase the scope of work to include public engagement tasks; 2) extend the term of the agreement two years so that it will now expire on October 1, 2025; and 3) increase the total compensation for services.

FISCAL IMPACT: Funding for these services in the amount of $164,000, are included in the Adopted Budget for FY 2023-24 in Account No. 101-2004-5100 (Building Safety and Sustainability Professional Services) and $50,000 is included in Account No. 100-0000- 1010 (SoCalGas Climate Adaptation & Resiliency Grant).

WORK PLAN: This item was included as item 5.f. 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 April 24, 2019, the City Council directed staff to allocate funding to the FY 2019-20 Budget for a Coastal Vulnerability Assessment. On September 23, 2019, the City entered into an agreement with Environmental Science Associates for such services. On September 23, 2021, the City extended the contract to expire on October 1, 2023. During the COVID-19 pandemic, the project was among several initiatives that the Council placed on hold to focus on higher priorities. Now that California’s State of Emergency is over, staff is resuming work on this project which relies heavily on public engagement.

City Council Meeting
09-11-23
Item

3.B.7.

Agenda Item # 3.B.7.

Creating a Community Engagement Plan and involving community members in public workshops are key components to the Assessment. The first workshop aims to present findings to local stakeholders with the goal of soliciting public comments to incorporate into the final report; the second workshop will seek feedback in order to present the community’s point of view to City Council. Project tasks also include analyzing sea level rise hazards such as the 100-year storm, assessing coastal resources, providing an interactive GIS webpage that depicts different sea level hazard scenarios to coastal assets, and reviewing economic and fiscal impacts.

The Coastal Vulnerability Assessment final report will include how the potential adverse effects of climate change (sea level rise, tidal inundation, storm flooding, and coastal erosion) will impact Malibu’s assets along the coastline such as coastal residences, commercial development, public infrastructure, public beach access, coastal habitats, and water quality. This information will help inform City planning efforts by identifying thresholds at which significant planning areas, assets, and coastal resources could be impacted by sea level rise. The project will identify vulnerabilities and consequences that the City can use to prioritize planning efforts to account for the urgency (time horizon) of individual impacts and the importance of each impact on the community and its resources. The final report will contain coastal hazard maps for each sea level rise scenario and adaptation strategies. Further, these assessment measures will align with the California Coastal Commission’s Sea Level Rise Policy Guidance.

Staff suggests authorizing the Mayor to execute an amendment to extend the term of the original agreement for an additional two years, such that the contract will expire on October 1, 2025. Due to the time extension, staff has added public engagement tasks to the scope of work and is also requesting an increase to the total compensation from $214,000 to $242,114 to ensure completion of the project with community input.

ATTACHMENTS: Amendment No. 2 to Agreement with Environmental Science Associates
AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on this 11th day of September 2023, by and between the CITY OF MALIBU, herein after referred to as City, and Environmental Science Associates, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On September 23, 2019, the City entered into an Agreement with Consultant for Professional Consulting Services for a Coastal Vulnerability Assessment that evaluates the susceptibility of the local coastline to potential adverse effects of climate change, including beach erosion (the “Agreement”).

B. On September 23, 2021, the City amended Section 2.0 of the Agreement to extend the Term of the Agreement to expire on October 1, 2023.

C. The City desires to amend the Agreement to 1) increase the Scope of Work to include public engagement tasks, and Consultant has submitted a proposal for this purpose that is acceptable to the City; 2) extend the Term of the Agreement, such that the contract will now expire on October 1, 2025; and 3) to increase the Compensation for Services.

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

1. Section 1.0 – Scope of the Consultant’s Services, is hereby amended as set forth in Exhibit A attached hereto.

2. Section 2.0 – Term of Agreement, is hereby extended to October 1, 2025, unless otherwise terminated or extended as provided in the Agreement.

3. Section 4.0 - Compensation for Services, of the Agreement, is hereby amended as set forth in Exhibit B. The cost of services shall not exceed $242,114.

4. 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.

5. All terms and conditions of the Agreement not amended by this Amendment No. 2 remain in full force and effect.

Amendments to Agreements
255-2
This Agreement is executed on this day of , 2023, at Malibu, California, and effective as of October 1, 2023.

CITY OF MALIBU
____________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONTRACTOR
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: ANN BORGONOVO
Title: Vice President
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org

ESA Exhibit A

COASTAL VULNERABILITY ASSESSMENT
Scope of Work
(Exhibit A)
SCOPE OF SERVICES: The Consultant shall provide all professional services described herein below.

Task 1. Project Kickoff and Management (Completed)
ESA will mobilize and initiate the project upon receiving notice to proceed and will lead a project kickoff meeting with the City (Task 1.1). ESA’s scope includes managing the project, the ESA team, budget, and schedule and to have regularly scheduled meetings with the City (Task 1.2).

Task 1.1 Project Kickoff (Completed)
ESA will participate in a kickoff meeting with representatives from relevant City departments. The ESA team and the City will meet to discuss and review the project schedule (see Table 7-1), goals, and potential challenges. The kickoff meeting will enable ESA to identify and obtain existing information such as critical City assets that were not included in the AdaptLA Vulnerability Assessment (ESA 2016). The pertinent background studies listed in the RFP will also be reviewed in the kickoff meeting for information relevant to the project.

Task 1.2 Project Management and Meetings
ESA will coordinate with the City’s project manager to establish regularly scheduled project management meetings. These meetings will occur on a monthly basis throughout the planning process. The primary intent of these meetings will be for staff and ESA to regularly and efficiently check in on project progress and schedule. The meetings also provide an opportunity to discuss issues that have arisen and share ideas.

Project meetings could include City staff from different departments, such as engineering and public works, to ensure that all groups are informed of the planning efforts and can participate in the process.

Monthly meetings can be scheduled to coincide with other meetings and events to maximize efficiency, or re-scheduled as needed. ESA will consult with City staff as to the format and desired outcomes of these meetings, as well to identify the appropriate attendees. ESA assumes in the budget

ESA Exhibit A
that one ESA staff will remotely attend the monthly meetings (up to 1 hour) for a project duration of 12 months.

This task includes ESA’s management of efforts related to the Scope of Work, schedule, budget, and invoicing, as well as general internal and external team management. ESA will assist City staff with meeting administrative grant requirements such as the quarterly reporting required by the CCC. This task includes a total of 60 hours of project management time, which assumes an average of 5 hours per month over the 12-month life of the project.

ESA Team will continue project management through the remainder of the project, tentatively through October 2023.

Task 1 Assumptions:
• City staff will coordinate representative attendance from key City departments • The kickoff meeting will be held at a City building and will be up to 2 hours in length • ESA Team attendance will be in-person and will include the project director, project manager, and a representative from Kearns and West. Other team members may attend remotely.

Task 1 Deliverables:
• Kickoff meeting and project schedule (completed)
• Up to 7 monthly conference calls with the City (April through October 2023) Task 2. Public Engagement
ESA and Kearns & West (K&W) will draw from our experience with prior SLR projects to assist the City with public outreach and stakeholder involvement for the project by developing an engagement plan, an interactive web-map, and presentation materials as well as conducting meetings with the public and key stakeholders.

Task 2.1 Community Engagement Plan
ESA team prepared a draft community engagement plan with prior City staff. This working Community Engagement Plan will be confirmed/updated with the City.

Following the project kick off meeting, Kearns and West will prepare a Community Engagement Plan, which will serve as a guide to provide communities the opportunity to engage in the vulnerability assessment and for developing educational tools to immerse the community in the process. The Community Engagement Plan will also anticipate the process for communities to provide input on selecting preferred strategies in the second phase of the project. The Plan will include elements necessary for the consultant team and City staff to create pathways for active public engagement in the Project through developing an outreach and participation program for residents and stakeholders.

ESA Exhibit A
For this project, conducting a vulnerability assessment and identifying a range of possible sea-level rise adaptation strategies, opportunities for input include:
• The types and locations of community and environmental assets to address in the Vulnerability Assessment including environmental justice concerns. • Hazard mitigation and adaptation planning approaches, in the context of 1) applicable established regulations and requirements; 2) relative impacts on coastal, environmental, recreation, and fiscal resources; 3) opportunities for achieving multiple benefits, including other community goals and needs; and 4) assumptions of the vulnerability assessment.

The Community Engagement Plan will incorporate stakeholder analysis, an outreach program, a communications plan, programs & activities, roles and responsibilities, and a calendar. In addition to outlining methods for how residents will be engaged in the process through in person meetings, workshops, and digital engagement, the plan will identify additional outreach that the City should consider, including online surveys, partnerships with community organizations, etc. Particular consideration will be given to effective strategies for providing information to the public in understandable, relevant formats.

Task 2.2 Public Workshops
There will be two workshops to facilitate discussion on the Vulnerability Assessment and Adaptation Strategies. The first workshop, Public Workshop #1, will take place once the Vulnerability Assessment report draft is complete. The workshop will be structured to allow for community members to learn about sea level rise and will include a large group format presentation and structured small group breakout stations with collaborative, hands-on activities to allow for cross-pollination of ideas between participants. The second workshop, Webinar Workshop #1, will take place virtually to present the same information from the in-person public workshop to provide the community with various options and dates to participate. This workshop will provide an additional opportunity for community members to learn and engage.

Vulnerability Assessment and Adaptation Strategies Presentation ESA will develop materials on the findings of the Vulnerability Assessment to be presented in the Public Workshop 1 as well as excerpted for meetings with the City Planning Commission, City Council, and Council Committees. The presentation includes a slideshow and graphics that will also be presented in Virtual Public Workshop 1.

Task 2.3 City Presentations
ESA will prepare for and attend up to two presentations on the Coastal Vulnerability Assessment and Adaptation Strategies to the City Planning Commission, City Council, and/or Council Committees.

ESA Exhibit A
ESA will prepare draft presentation materials for the City’s review and revised final presentation materials in response to comments. ESA assumes that presentation materials will consist of PowerPoint presentations and handouts previously prepared for the workshops.

Task 2.4 Interactive SLR Web-map
A web –map allows the public to view and manipulate GIS maps on the internet without special software and helps make this technical information accessible to the public. A City-based web page can be helpful in making project information accessible. A web-map for Malibu’s Vulnerability Assessment would include the coastal hazard maps developed in Task 3.2 and the Assets identified in Task 3.3 for the public to interact with and explore potential sea-level rise impacts on the Malibu coastline for themselves.

Task 2.5 Communication Materials Development
Following the draft community engagement plan, the ESA team (Kearns and West) will assume responsibility for the following communication materials that were previously identified for City staff to complete in support of the two public workshops:
• Online, Press and Social Media
o Social media posting language and graphics for City to post on its social media channels
o Press release language for City to format and coordinate with media (radio, newspaper)
• Informational materials
o Draft press release for the project for the City to distribute o Review of content for City-made flyers to promote the project/workshops for the City to distribute
o Post card design provided for City to print and distribute • Partner engagement
o Draft email notifications for pubic and stakeholder engagement for the City to distribute
Task 2.6 Public Survey
Residents of Malibu are highly engaged online, and previous projects in Malibu have shown that digital engagement through online survey tools reach a wide audience. For the Malibu Bluffs Parkland, almost 10% of residents in Malibu responded to the survey. This indicates that an online tool, whether through SurveyMonkey or a more integrated platform, can more readily immerse the community in sea level rise education and input opportunities for the vulnerability assessment and adaptation workshops. The consultant team will provide survey questions for the City to incorporate into and implement the online survey.

ESA Exhibit A
Task 2 Assumptions:
• Preparation and presentation at two Public Workshops held virtually, for example one Draft Vulnerability Assessment Workshop and one Adaptation Strategies Workshop. • Up to 4 members of the ESA Team will attend each virtual workshop (two facilitators and an associate from Kearns and West and the ESA Project Manager). • Presentations will include hazard and asset maps produced in Task 3 (for vulnerability) and content from Task 5 (adaptation). No new content will be prepared for the workshop. • Up to two presentations to City Planning Commission, City Council, and/or Council Committees using PowerPoint.
• Up to one ESA team member will attend each City Planning Commission, City Council, and/or Council Committees meeting.
• The City will host a webpage for the project upon which deliverables and other relevant materials may be posted (e.g. links to relevant background studies as well as web-map developed for the project).
• City will post social media content and distribute emails and other informational materials for the project workshops
• City will create and implement the public online survey and summarize the results. • The layers uploaded to the web-map will be similar to the maps prepared under Tasks 3.2 and

3.3 and will not require substantive changes to symbology or content.

Task 2 Deliverables:
• Draft and Final Community Engagement Plan (completed) • Public Workshops (October and November 2023, January 2024) • Preparation of logistics memo before workshops (September and December 2023) • Large-scale map printouts before workshops (September and December 2023) • Draft and final slide deck before workshops (September and December 2023) • Workshop attendance and facilitation (October and November 2023, January 2024) • Memorandum summarizing workshop attendance, format and presentation, input, and major discussion themes (November 2023, February 2024)
• Up to two presentations to City Planning Commission, City Council, and/or Council Committees (September 2023)
• Communications materials to support the public workshops, including draft social media post language, draft press release, draft stakeholder engagement emails, review of City-made project flyers (August 2023)
• Two public online survey questions for each public workshop (August 2023) • Draft and final presentation materials (September 2023)

ESA Exhibit A
• Interactive web-map (August 2023)
Task 3 Technical Analysis (Completed)
ESA will establish existing coastal hazard conditions at Malibu, select sea-level rise scenarios for analysis, compile sea-level rise hazard data, inventory the City’s development, infrastructure, and natural coastal resources potentially at risk to sea-level rise, and tabulate the economic value of these built and natural assets to support the Vulnerability Assessment in Task 4.

Task 3.1 Existing Conditions
ESA will begin Task 3 by documenting existing conditions in Malibu to be incorporated into the Draft Vulnerability Assessment. Existing Conditions will establish the planning context and identify existing processes, such as current coastal flooding, creek and lagoon flooding, coastal sediment processes, and existing adaptation measures such as coastal armoring. ESA will compile and describe the information and data derived from existing studies, reports, and data sources listed below in a memorandum:
• USGS’s CoSMoS 3.0 coastal flooding and erosion projections • FEMA Flood Insurance Rate Maps and Flood Insurance Study for Malibu Creek and the City’s coastline.
• State of California Sea Level Rise Guidance – 2018 Update • Rising Seas in California, An Update on Sea-Level Rise Science • 2012 National Research Council’s Sea-Level Rise for the Coast of California, Oregon and Washington: Past, present, and Future
• California Coastal Commission 2015 Sea Level Rise Policy Guidance • California Coastal Commission Local Coastal Program Update Guide • California Coastal Commission 2018 Residential Adaptation Policy Guidance (Draft) • Safeguarding California Plan: 2018 Update, California’s Climate Adaptation Strategy • California Adaptation Planning Guide
• Los Angeles County Public Beach Facilities Sea-Level Rise Vulnerability Assessment • Los Angeles County Coastal Regional Sediment Management Plan • Regional AdaptLA: Coastal Impacts Planning in the Los Angeles Region (ESA and Terra Costa hazard maps)
• Pathways to resilience: adapting to sea level rise in Los Angeles (Annals of the New York Academy of Sciences, Technical Report, Volume 1427, Special Issue, September 2018) • Las Virgenes-Malibu Council of Governments Multi-Jurisdictional Hazard Mitigation Plan General Plan
• Local Coastal Program

ESA Exhibit A
In ESA’s review of available data and studies, ESA will identify any critical data gaps for the assessment. To address critical data gaps, ESA will develop a set of reasonable assumptions for use in the assessment and/or identify additional data collection or studies that could be performed in the future as part of implementing the Adaptation Plan in subsequent phases of this project. As part of developing the Existing Conditions, ESA will define coastal sub-areas for Malibu. It is important to define sub-areas in Malibu to properly characterize the range of shoreline typology (e.g. low beach, tall bluff, lagoon), wave exposure, geomorphic processes, and level/type of development so that appropriate adaptation measures can be applied in the Adaptation Strategies task and second phase of the project. ESA anticipates defining between three and five sub-areas.

Task 3.2 Sea-level Rise Hazard Analysis
Define Sea-Level Rise Scenarios
ESA will define a set of sea-level rise planning scenarios in coordination with the City that provide a defensible basis for an efficient vulnerability assessment that can be clearly articulated to the public and stakeholders and accepted by the CCC. The sea-level rise scenarios will be selected to represent the following scenarios per the City’s Request for Proposals and the 2018 OPC Guidance recommendations to aid in planning and understanding the worst-case scenario for projected time horizons:

Extreme Risk Aversion (H++) Scenario: for the critical infrastructure, and other development as appropriate.

Medium-High Risk Aversion Scenario: for all other built and natural assets.

ESA will recommend sea-level rise scenarios that will be associated with the planning horizons for midcentury (e.g. 2050/2060) and late century (e.g. 2100). For efficiency, ESA assumes that two sea-level amounts will be selected to represent the Medium-High Risk Aversion Scenario for the project, and that the same two SLR amounts will be used to evaluate the Extreme Risk Aversion Scenario. ESA will review vertical land motion (i.e. regional tectonic uplift and local subsidence) and identify implications to relative sea-level rise for the City.

Flooding and Erosion Mapping Analysis
The ESA team will review CoSMoS hazard outputs and compare with hazard information previously prepared by ESA and TerraCosta for the study area during the Adapt LA project. ESA proposes to quantitatively analyze the selected sea-level rise scenarios using existing hazard modeling outputs produced by USGS (CoSMoS 3.0) for flooding and erosion in addition to wave run-up hazards by ESA (AdaptLA, shown on coastalresilience.org).

ESA Exhibit A
ESA will analyze coastal erosion and flooding hazards representing storm conditions and chronic (nonstorm) conditions for existing conditions and the selected sea-level rise amounts. The following sea-level rise related coastal hazards will be evaluated:
• Tidal inundation (non-storm)
o Extent of high water such as a “king tide” event with existing topography in the City. o Groundwater level response to sea-level rise in low-lying areas using projected tide levels as surrogates for groundwater levels.
• Storm flooding from a 100-year event
o Coastal flooding, lagoon flooding, wave run-up and overtopping o Nearshore wave heights to evaluate pier exposure.
o Lagoon flooding accounting for geomorphic response to SLR using the approach ESA developed and applied for AdaptLA and a high-level qualitative assessment of the effects of fluvial discharge.
• Coastal erosion
o Historic and future changes in bluff erosion.
o Beach width changes due to sea-level rise. ESA will apply CoSMoS and/or AdaptLA hazard mapping outputs to determine beach widths for the Vulnerability Assessment.

Alternatively, ESA may utilize our two-line beach width model that applies the Bruun rule and historic shoreline and bluff erosion rates. ESA proposesto use our 2-line shore response model in Phase 2 to analyze adaptation scenarios. If ESA's review of the CoSMoS and AdaptLA erosion results indicates that it may be more efficient to perform 2-line modeling for the VA “do-nothing scenario,” ESA will use the 2-line model in place of using the CoSMoS and AdaptLA results.

The above hazards will be analyzed using mapping outputs from one or more of the above mentioned existing sources. ESA will summarize the various data for discussion with the City and selection of appropriate hazard maps. Selected hazard maps will be compiled for analysis in the Vulnerability Assessment and presented on the web-map, PDF maps and engagement materials (posters and presentations).

ESA Exhibit A
Task 3.3 Coastal Resources Assessment
ESA will work with the City department staff to identify the City’s assets and critical assets that are most critical and vulnerable to sea-level rise impacts. It is assumed that the primary source for Asset data will be the AdaptLA study and that City staff will collect and provide any other relevant asset data that should be included in the Vulnerability Assessment in GIS format. The coastal resources assessment will include tabulating the following assets:
• Coastal Development and Coastal Dependent Development o Residential
o Commercial and Visitor-serving development
o Public infrastructure (e.g. roads, bridges, utilities) o Critical infrastructure
o Construction altering natural shorelines
• Public Access and Recreation
o Beach width and associated access and recreation functions o California Coastal Trail
• Coastal Habitat
o Beaches
o Wetlands and Estuarine Habitats
o Environmentally Sensitive Habitats
o Other Marine Resources
• Socio-Economic Impacts
o Vulnerable population groups, such as the elderly, renters, and seasonal residents as well as low-income and non-white communities
• Water Quality
o Potential flooding and inundation of contaminated sites or treatment systems • Archeological and paleontological resources
o Archaeological resources, historic-period built resources, Native American cultural resources, and paleontological resources.

The inventoried AdaptLA asset data and any additional pertinent data from the City will be organized into a geodatabase for the Vulnerability Assessment and presented on the web-map, PDF maps and engagement materials as needed. The actual list of assets that will be incorporated into the Vulnerability Assessment will be developed and agreed upon with the City at the beginning of this task. The Vulnerability Assessment (Task 4) will group the assets into asset categories, describe each asset category exposure to sea-level rise hazards, sensitivity of the asset to hazard impacts, the adaptive capacity of the asset, and consequences from impacts.

ESA Exhibit A
Task 4. Vulnerability Assessment (Completed)
ESA has completed the first draft vulnerability assessment. ESA will respond to comments from City staff, including a potential conference call to discuss comments. The hazard maps selected in Task

3.1 will be overlaid on the asset inventory developed in Task 3.2 to produce vulnerability maps. The potentially impacted assets will be quantified and tabulated, and asset categories will be assessed for vulnerability considering the exposure, sensitivity, and adaptive capacity of asset categories. The results will be presented in a Draft Vulnerability Assessment to be reviewed by City staff; ESA will make one round of edits prior to sharing the draft for public input. Feedback from the community/stakeholders and the public will be incorporated into the report to develop the Final Vulnerability Assessment.

For each asset category, asset vulnerability will be assessed and mapped based on the exposure mapping, asset inventory, and consideration of each asset’s sensitivity and adaptive capacity. For each asset category, a sensitivity rating will be assigned that characterizes the degree of impact that would result from a given amount of exposure (inundation or erosion).

ESA anticipates providing an initial assessment of asset sensitivity and adaptive capacity based on professional judgement; ESA assumes City staff will coordinate with relevant departments to review and verify these factors during the City review of the Draft Vulnerability Assessment. The vulnerability mapping will assess vulnerability to natural resources (beaches, bluffs, and lagoons), the built environment (property and infrastructure including utilities and storm drain systems), vulnerable populations, and public access. Vulnerability will be assessed for the asset categories listed in the RFP, and consistent with CCC guidelines:
• Coastal Development and Coastal Dependent Development o Vulnerability of development will be evaluated as described above. • Public Access and Recreation
o Vulnerability of public access and recreation will be evaluated based on the beach width analysis results as well as projected erosion and flooding impacts to coastal access points. • Coastal Habitat / Ecology
o In order to assess coastal habitat vulnerability, the ESA team will summarize the ecological assets within the hazard zones and how they will be impacted by sea-level rise. This will focus on characterizing the existing estuarine, coastal bluff, and beach habitats for existing conditions, and then using information from the physical modeling tasks to evaluate the future conditions. ESA proposes to use ESA’s Habitat Evolution Model (HEM), the California Sea-level Affecting Marshes Model (CA-SLAMM), or another custom GIS model to assess Malibu Lagoon habitat change with sea-level rise. ESA will work with the City to select the appropriate model(s) for the project. ESA will then use habitat evolution modeling to assess the future vulnerability of the different habitat types in Malibu Lagoon.

ESA will evaluate beach ecology along the Pacific shoreline by interpreting beach width results from ESA’s two-line model referenced above. ESA team members, Dr. Richard

ESA Exhibit A
Ambrose, PhD and Dr. Karen Martin, PhD, will provide input on the methodology and review and interpretation of results to inform the habitat vulnerability assessment based on their research and expertise on Malibu beach ecology, rocky intertidal habitat, Malibu Lagoon, and key species such as grunion.
• Socio-Economic Impacts
o Vulnerable population groups will be identified based on impacts sea-level rise related hazards could have on community members most at-risk, including the elderly, renters, seasonal residents, low-income households, and non-white communities. • Water Quality
o ESA will evaluate potential contaminated site flooding and inundation will be analyzed where applicable and potential impacts to treatment systems. • Archeological and paleontological resources
o ESA will identify potential flood and erosion impacts to any known archeological and paleontological resource based on maps provided by the City, if available.

From the Vulnerability Assessment, ESA will identify trigger points at which specific sub-areas, critical assets or coastal resources could be impacted by SLR. These triggers will help to define the timing of needed adaptation measures. Example triggers include amount of observed sea-level rise, minimum beach width or development offset from bluff edge (see Section 9 for an example table of adaptation triggers developed for the Pacifica LCP Update). The vulnerabilities and the consequences identified in this assessment will help prioritize planning efforts to account for the urgency (time horizon) of each impact, and the importance of each impact on the community and resources.

Task 4 Assumptions:
• City will provide one consolidated set of staff comments on the Draft Vulnerability Assessment that will include City department staff input on asset sensitivity and adaptive capacity. Comments will be inherently consistent.
• Trigger points will be developed at a high level for the asset categories listed above. Specific triggers for individual adaptation actions/areas will be developed in the second phase for the Adaptation Plan analysis.

Task 4 Deliverables:
• Draft and Final Vulnerability Assessment reports (August 2023) • Presentation materials for Public Workshop 1 on the Draft Vulnerability Assessment (September 2023)
Task 5. Adaptation Strategies and Policies
ESA will develop a list of applicable adaptation measures for evaluation and review with the City and community. Preferred adaptation measures will then be combined to create high-level potential Priority Adaptation Strategies specific to the various coastal sub-areas in Malibu. For the purposes of

ESA Exhibit A
this scope, ESA defines adaptation measures as the individual tools or options that are available for sea-level rise adaptation (e.g. beach nourishment, armoring, retreat policies, etc.) and adaptation strategies as an initial or high-level strategy for combining one or more measures over time in a potential adaptation scenario or pathway (e.g. nourish beach in near-term, armor backshore in midterm, raise structures in long-term).

Task 5.1 Identify Adaptation Measures
ESA will develop a matrix of adaptation measures (individual tools) that could be employed in Malibu to alleviate the vulnerabilities of public and private coastal resources in the City through 2100 identified in Task 4. ESA will evaluate each measure for effectiveness, trade-offs, and relative costs in addition to community values identified in the first public workshop. Consistent with CCC Guidance, a variety of adaptation measures will be considered, including traditional coastal engineering and nature-based or green infrastructure solutions, and multi-objective measures that incorporate environmental considerations and a holistic approach, rather than focusing on independent or single-purpose solutions for protection. Adaptation measures will be compiled from various categories: policy measures, non-structural measures (beach nourishment, sediment management), structural measures (shoreline armoring, floodwalls, building/road elevation) and hybrid measures (low wall, cobbles and sand cover). An example matrix is provided in Section 9 from our work on the Pacifica LCP which lists the pros and cons of various adaptation measures along with high level suitability for the various sub-areas of coastline. ESA will also consider innovative measures such as living sea walls with input from Dr. Ambrose, as well as artificial offshore reefs.

The result of this task will be a draft SLR adaptation memorandum with the adaptation measures matrix that will be discussed in Public Workshop 2. In addition, a summary memorandum including feedback received during the workshop and ESA recommendations will be created as part of the community engagement plan. These documents will be the basis for the development of the Adaptation Plan and draft Local Coastal Program policies in the second phase of the LCP update.

Materials from the adaptation measures memorandum will be reviewed in Public Workshop 2 to communicate the available adaptation options and gather feedback from the public and stakeholders.

Community input will inform the City and ESA of the priorities to consider when developing the adaptation strategies.

Task 5.2 Prioritize Adaptation Strategies
ESA will develop high-level potential Priority Adaptation Strategies that are tailored for each of the various sub-areas of Malibu’s coastline. The Strategies will be comprised of the preferred adaptation measures resulting from the analysis in Task 5.1 and community input received in Task 3.1. Per CCC guidance, the Prioritized Adaptation Strategies will include the following themes:
• Accommodation
• Protection

ESA Exhibit A
• Retreat
• Hybrids of the above
Adaptation measures will be categorized by costs and relative timeframe for implementation. The prioritized adaptation strategies will be organized in a list for each sub-area. The specific timing of each adaptation strategy will be determined in the second phase of the project as part of the Adaptation Plan analysis.

To prepare for the second phase of the project, ESA can work with the City to identify relevant agencies and departments needed to scope and analyze each adaptation strategy for the adaptation plan.

Task 5 Assumptions:
• One Priority Adaptation Strategy consisting of one or more measures will be developed for each coastal sub-area, based on evaluation of the adaptation measures matrix and community input. • Priority Adaptation Strategies will be developed at a high level with relative timing. The ESA team can perform detailed analysis of engineering quantities and costs, trigger timing, and economic cost-benefit analysis in the second phase of the project.

Task 5 Deliverables:
• Adaptation Measures Matrix (August 2023)
• Adaptation measures evaluation and recommendations summary memorandum based on results from Public Workshop 1. (September 2023)
• Prioritized Adaptation Strategies and Policies (February 2024)

ESA Exhibit A
Contingency Items (NOT INCLUDED IN BUDGET)
ESA’s budget estimate includes a contingency for optional tasks that may benefit the project. The various items that may warrant use of contingency budget are described below.

Optional Task 1 items
CCC Staff Coordination
ESA recommends the City consider coordinating with California Coastal Commission (CCC) staff near the beginning of the project and at key milestones in the preparation of the Coastal Vulnerability Assessment and Adaptation Strategies. ESA has included the following scope of work for an optional CCC staff coordination task for the City’s consideration and can provide a cost proposal for this task at the City’s request.

CCC staff is charged with evaluating LCP updates for Coastal Act consistency and forwarding to the Commission a recommendation regarding LCP certification. As its formal review comes at the very end of the process, the CCC staff’s decision in this regard can have substantial implications for project schedule, budget, and process; CCC-suggested modifications could involve substantive LCP revisions that could trigger subsequent reviews by the City Council and CCC. For these reasons, ESA recommendsthat City staff consider focused meetings with CCC staff at key project milestones. Three such meetings are recommended for this first phase, although additional focused meetings may be necessary:

1. The first meeting would occur at the start of the project phase (Task 1) to discuss the City’s work program for the first and subsequent phases of the Coastal Vulnerability Assessment and LCP update, project timelines, review cycles, and protocols for communications with CCC staff. The meeting could also include a discussion of major staff-directed changes the City would like to make to the LCP at the outset of the LCP update effort (alternatively, this discussion could be deferred to the second phase of the project). ESA proposes that this meeting be attended by City staff only.

2. The second meeting would occur early in the Vulnerability Assessment phase (Task 1), with the purpose of briefing CCC staff on the sea-level rise scenarios, methodology, and findings from the Vulnerability Assessment.

3. The third meeting would occur early during the development of Adaptation Strategies (Task

5.1), with the purpose of briefing CCC staff on possible adaptation measures. ESA would also share public input received from Public Workshop #1, which will inform the City and ESA of community values and priorities.

ESA expects that City staff would take the lead in coordinating and facilitating CCC coordination.

However, ESA assumes it would participate in up to two meetings, potentially by phone or internet, and to be on hand to support City staff, as needed, within the available budget for these tasks.

ESA Exhibit A
Optional Task 2 Items
Additional Workshops
An additional workshop could be added in the middle of the process that is focused on informing residents to increase education opportunities and to increase the opportunities for community input to help guide the study. Given that this is a citywide project, holding each workshop twice (different locations, two different date/times) could help to widen the number of participants and range of perspectives.

If the City added a third workshop, ESA suggests the following sequencing: The first workshop could be structured to introduce project, focus on providing info about sea level rise trends and implications, and engage participants in discussions so that they have a chance to ask questions and get information about what they are most concerned about. The first workshop could also include a discussion about potential vulnerabilities, to help guide the team’s research and analysis. The second and third workshops could be structured to share conclusions of the team’s vulnerability analysis (second workshop) and adaption measures (third workshop), and solicit feedback, answer questions, and hear additional ideas for consideration.

Additional City Council Meetings
ESA may present at more than two City Council Meetings.

Online Survey
Residents of Malibu are highly engaged online, and previous projects in Malibu have shown that digital engagement through online survey tools reach a wide audience. For the Malibu Bluffs Parkland, almost 10% of residents in Malibu responded to the survey. This indicates that an online tool, whether through SurveyMonkey or a more integrated platform, can more readily immerse the community in sea level rise education and input opportunities for the vulnerability assessment.

Pop-Up Outreach
Pop-up workshops, sometimes known as tactical urbanism, are an engaging way to bring the community together around projects and plans using short-term and scalable activities out in the places where people gather. These are especially geared for community members that might not attend traditional workshops and to engage a broader sector of the community. Pop-up events could be implemented throughout the process to share information about sea-level rise and adaptation strategies, and provide opportunities for input outside of the traditional project workshops.

Presentations to Community and Stakeholder Organizations Existing community and stakeholder groups in Malibu have relationships with residents that could be beneficial in sharing information about sea-level rise and adaptation strategies. Presentations at existing groups using a “go to them” strategy can help increase the level of community engagement

ESA Exhibit A
in the project and engage different groups in the process. Presentations usually include a slide deck, a set of display boards and handouts that can be available for staff to use at additional meetings if desired.

Webpage
ESA and K&W could develop the City’s webpage for the project if desired by the City. A project webpage is an effective tool for community members to access information on the project process, educational materials and to provide opportunity for input. The webpage would be hosted on the City of Malibu’s website, and would be a central hub for the fact sheets, FAQs, online survey tools, community engagement summaries, and products related to adaptation measures for Malibu.

Video
Opportunities to develop educational materials on sea-level rise and potential vulnerabilities in Malibu could be shown graphically using video. Unlike other planning processes, sea-level rise planning has strong visual components. A project video hosted on the City’s website and the project webpage could provide a concise and engaging tool for residents to learn more about sea-level rise and adaptation measures in Malibu.

Informational Materials, FAQ
Informational material can be used to inform and engage residents on sea-level rise and adaptation measures and provide a consistent message for the project. ESA’s team recommends providing a visually engaging project information handout (or project factsheet) as an educational tool, with information about the project, why it is taking place, the schedule, and opportunities for engagement.

The factsheet can be both electronic and in print. Along with the fact sheet, ESA recommends a list of FAQs to be hosted on the City’s website that can be updated throughout the project if new items are brought to the City’s attention.

Included in this task could be opportunities to develop a concept like Game of Floods, which teaches players about sea-level rise adaptation choices. Like the award-winning version developed by Marin County, the game allows players to design solutions that protect entire communities as well as individual properties to address the permanent flooding impacts of sea-level rise.

Task 3 Optional Items
Asset Data Collection and Characterization
ESA may assist with additional asset data gathering beyond the existing AdaptLA asset data and additional assets provided by City staff. Additionally, ESA can conduct asset manager surveys to properly characterize the sensitivity and adaptive capacity of various assets to SLR hazards.

ESA Exhibit A
Hazard Mapping Analysis
ESA may perform updates to specific flooding and erosion hazards if the regional hazard mapping (AdaptLA and/or CoSMoS) are determined to mischaracterize hazard exposure for a given area. ESA can provide the option to refine and/or update ESA’s regional AdaptLA hazard mapping for the City based on the selected SLR scenarios, if needed or desired.

In addition to coastal flooding, ESA can assess flooding from fluvial sources using available information (e.g., FEMA Flood Insurance Studies) and ESA’s experience with increased precipitation associated with climate change. ESA can revise the lagoon flooding assessment ESA developed for AdaptLA to refine the results for Malibu Lagoon. ESA can also review available existing Malibu Creek flood hydraulics with lagoon and ocean levels to provide a high-level assessment of future flood levels for use in the vulnerability assessment.

Task 4 Optional Items
Vulnerability Assessment
ESA may revise the Vulnerability Assessment more than the one proposed iteration in response to public or stakeholder comments or Coastal Commission comment, and may assist the City to respond to technical comments received on the Final Vulnerability Assessment.

Task 5 Optional Items
Adaptation Pathways Schematics
The prioritized adaptation strategies can be developed into adaptation pathway schematics as a communication tool. An example schematic provided in Section (9) details various adaptation measures phased over time based on SLR amount.

City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org Recycled Paper
Compensation for Services
(Exhibit B)
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. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his designee.

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.

ESA Exhibit B
Task Cost Estimate for Coastal Vulnerability Assessment Task # Labor Category Total Hours Labor Price
Task # Task Name/Description

1.0 Project Kickoff and Management 44 $ 10,240

1.1 Project Kickoff - $ -

1.3 Project Management and Meetings 44 $ 10,240

2.0 Public Engagement 343 $ 75,339

2.1 Engagement Plan 18 $ 4,080

2.2 Public Workshops 179 $ 40,425

2.3 City Council Meetings 36 $ 7,712

2.4 SLR Web-map 20 $ 4,132

2.5 Communications Materials 96 $ 18,990

2.6 Public Survey 48 $ 9,630

3.0 Technical Analysis 0 $ -

3.2 SLR Hazards - $ -
Define Scenarios -
Flooding and Erosion Mapping -

3.3 Coastal Resources - $ -
Asset Inventory -

3.4 Economic and Fiscal Impacts - $ -

4.0 Vulnerability Assessment 79 $ 15,528
Draft VA - $ -
Final VA 79 $ 15,528

5.0 Adaptation Strategies 92 $ 18,488

5.1 Adaptation Measures 52 $ 10,280

5.2 Strategies Development 40 $ 8,208
Total Hours 558
Total Labor Costs $ 119,595
Percent of Effort - Total Project Cost $ 1
ESA Labor Cost $ 119,595
Non-Labor Expenses
ESA Expenses $ 500
Subconsultant Expenses $ 10,220
Subtotal ESA Non-Labor Expenses $ 10,720
Total Cost to Complete $ 130,315
Original 2019 contract budget $ 213,195
Remaining budget (as of 6/15/2023) $ 101,415
Additional funds needed to complete $ 28,919
Total Revised Budget $ 242,114

ESA Exhibit B
Standard Fee Schedule
Professional, Technical and Support Personnel* Hourly Rate Environmental Science Associates
Principal Consultant 3 $255
Senior Consultant 5 $220
Consultant 6 $159
Principal Consultant 1 $202
Kearns & West
Principal $320
Vice President $265
Director $210
Associate $160
Senior Technical Advisors
Coastal Biology Expert $150
Coastal Ecology and Adaptation Expert $250
Coastal Geology Expert

$200

Agenda Item # 4.A.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Joyce Parker-Bozylinski, Contract Planner
Tyler Eaton, Senior Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: August 24, 2023 Meeting date: September 11, 2023 Subject: An amendment to Title 17 (Zoning) of the Malibu Municipal Code and the Local Coastal Program to Update Regulations Related to Accessory Dwelling Units
RECOMMENDED ACTION: 1) Adopt Resolution No. 23-43 (Exhibit 1) amending the Land Use Plan (LUP) of the Local Coastal Program (LCP); 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 510 (Exhibit 2), approving LCP Amendment (LCPA) No. 18-002, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes and changing the term second units to accessory dwelling units (ADUs) and to the LCP to update ADU regulations and determining the amendments are exempt from the California Environmental Quality Act (CEQA); 3) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 511 (Exhibit 3), approving Zoning Text Amendment No. 18-004 an amendment to title 17 (Zoning) of the MMC to update ADU regulations and determining the amendments are exempt from CEQA; 4) Direct staff to schedule second reading and adoption of Ordinance No. 510 and Ordinance No. 511 for the September 25, 2023 City Council Regular meeting.

FISCAL IMPACT: Funding for this project is included in the Adopted Budget for Fiscal Year 2022-23.

WORK PLAN: This item was included as item #4a 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.

City Council Meeting
09-11-23
Item

4.A.
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Agenda Item # 4.A.

DISCUSSION: The proposed amendments will update the City’s LCP and Malibu Municipal Code (MMC) regulations for second units consistent with changes in State law. A second unit is another term for an accessory dwelling unit (ADU). The proposed amendments do not allow both second units and ADUs. The term “second unit” will be changed to “ADU” throughout both the LCP and MMC as provided in the draft amendments.

Background
The City Council initiated LCPA No. 18-002 and ZTA No. 18-004 in June 2018. A variety of factors, including the Woolsey Fire and COVID-19 meeting restrictions, delayed the Planning Commission’s ability to consider the amendments in a timely manner. The Planning Commission held three hearings on the ADU ordinance including a Special Planning Commission hearing on March 14, 2023. At that hearing the Planning Commission unanimously recommended approval of the amendments with modifications. A complete history of the Planning Commission and City Council hearings on the ADU ordinance can be found in the recitals in the Exhibits (1, 2, and 3).

During the Commission’s deliberations on March 14th, straw votes were taken over the course of the deliberations and some of the votes were not unanimous, including provisions requiring two means of access and a requirement that property owners be required to report the ADU rental rates as opposed to being asked to report the rates to the City. The Planning Commission recommendations are further discussed below.

In preparation for the City Council hearing, the City Attorney's office provided recommended changes to the ADU regulations in the MMC. These changes were intended to ensure that the language in the ordinance matches the language in the State ADU statute. These recommended changes resulted in a reorganization of the ordinance and the revision of some sections to ensure the proposed language was narrowly focused on the language used in the statute. These recommended changes did not result in substantial changes from what the Planning Commission approved.

Proposed ADU Ordinance
The proposed language found in Resolution 23-43 (Exhibit 1), Ordinance No. 510 (Exhibit 2) and Ordinance No. 511 (Exhibit 3) will update the City’s regulations for second units. Exhibits 4 and 5 are presented in underline/strikethrough format to highlight added and deleted language compared to existing codes.

In implementing this ADU ordinance the City is seeking to balance the issues relevant to development in the Coastal Zone with the policies put forward by State ADU law. With the proposed amendments, the MMC will include all required State standards and provide for ministerial processing of ADUs consistent with State law. Introductory 2

Agenda Item # 4.A.
language in the MMC makes it clear since ADU law does not supersede the Coastal Act, every new ADU will first be subject to analysis for compliance with the LCP before it is reviewed for compliance with the MMC. The proposed LCPA would require attached, detached, and converted (ADUs created from an existing accessory building) to obtain an Administrative Coastal Development Permit (ACDP) and meet the standards set forth in the LCP.

Review and Processing
Second units are currently allowed with an ACDP. The proposed permitting process for ADUs will be the same as for second units under the current code. That process includes requirements for public noticing, reporting Director approvals to the Planning Commission where, by majority vote, the Commission can require a full Coastal Development Permit (CDP) and the ability for the public to appeal the decision of the Director or Planning Commission, if a full CDP is required, to the City Council and in the appeal zone to the California Coastal Commission (CCC).

If a project does not meet the definition of development, then the project would be processed per the MMC. Consistent with State law, there are two options for ADU processing in the MMC (refer to the new MMC Chapter 17.44 in Exhibit 3). First, if a project is one of four specific, limited types, it would be processed with a building permit only. Second, if the ADU does not meet one of those four types, then the ADU would be processed with an Administrative Plan Review (APR). Some ADUs, even if they are not considered development in the LCP, may require upgrades to the Onsite Wastewater Treatment System (OWTS), which will require a CDP (LIP Section 13.29). In these cases, the APR will be processed separately from the OWTS only CDP.

Under the proposed ordinance and consistent with California Coastal Commission guidance, ADUs created from a habitable space inside an existing single-family dwelling such as a bedroom (Junior ADU) or inside an existing single-family residence, otherwise known as Internal ADUs are not considered development for purposes of the LCP and as such, will be processed under the MMC with an Administrative Plan Review (APR) which is a Director approved ministerial project. ADUs proposed in a non-habitable space such as a garage would require an ACDP.

There are no noticing-requirements for APRs. APRs can be sent back to the director for a “Request for Review.” This is just a second look by the Director. Pursuant to MMC

17.04.220, an appeal to the Planning Commission cannot be made unless a Site Plan Review for height or reduction of setbacks is proposed with the project. In the case of an ADU proposed for an existing single-family house, height and setbacks would remain the same.
3

Agenda Item # 4.A.

State law allows both a Junior ADU (JADU) and an ADU to be built on the same property. While there could be an increase in cases where someone wants both a JADU and an ADU, staff has no way of determining which properties might choose to build both. As required by State law, JADUs are subject to an owner-occupancy requirement.

The property owner would need to reside in either the JADU or the main residence in order to have a JADU. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement.

Short-Term Rentals (STRs)
ADUs permitted ministerially under MMC Section 17.44.060(A) must be rented for terms longer than 30 days1. For ADUs not processed pursuant to MMC Section 17.44.060(A), State ADU law provides that cities may require that an ADU be used for rentals of terms longer than 30 days. The proposed LCPA and MMC prohibit STRs in ADUs in all instances. While the City’s STR ordinance, considered but not approved by the CCC, did not prohibit STRs in ADUs, the Planning Commission felt that since ADU laws were intended to increase the amount of long-term housing, STRs should be prohibited in ADUs.

ADUs processed under the MMC and LCP would be required to record a deed restriction. Currently, staff has been adding a deed restriction when a project proposes a second unit, restricting a property to only one second unit meeting the definition of LIP Section 2.1. The LCPA and MMC proposes additional deed restrictions as part of the ADU Ordinance that will require the property to comply with restrictions such as restrictions against sold separate from the primary dwelling, restrictions against renting ADUs for less than 30 days, and restrictions against increasing the approved size of an ADU without City approval among others.

Relationship to Housing Element and Regional Housing Needs Assessment (RHNA)
The Housing and Community Development (HCD) direction on updating housing elements as it relates to ADUs indicates housing elements must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs as appropriate to address identified constraints. Cities can use ADUs to meet up to 15 percent of their RHNA. As part of the Housing Element, a jurisdiction must include an analysis of the anticipated affordability of ADUs in order to determine which RHNA income category (very low, low, moderate, and above moderate) they should be counted toward.
1 Gov. Code, §65852.2, subds. (a)(6) and (e)(4)
4

Agenda Item # 4.A.

The ADU Ordinance includes a requirement that property owners report the actual rent charged for an ADU to assist the City in identifying sites to meet RHNA. Language in the draft ordinance “asked” the property owner to provide the rental information but a majority of the Planning Commissioners voted to “require” the property owner to report the information. In a recent discussion with HCD, they indicated they would accept the Southern California Association of Governments (SCAG) formula for determining ADU affordability for the City’s RHNA.

As part of the 6th Cycle (2021-2029) Housing Element process, SCAG conducted an affordability analysis2 for determining affordability in order to provide local governments in the SCAG region with assumptions for ADU affordability that can be used to assign ADUs to income categories. Efforts were made to reflect the geographic distribution, size, and other characteristics of ADUs across the various counties/subregions. Los Angeles County is separated into two categories in order to better account for the disparities in housing costs between coastal and inland jurisdictions. The City’s 6th Cycle Housing Element is currently being updated in response to HCD comments and will rely upon the SCAG formula to determine affordability.

Development Standards
The proposed development standards for ADUs in the MMC and LCP are summarized below.

Unit Size
For ADUs processed under the MMC, state law sets a minimum size of 850 square feet for a studio or one-bedroom and 1,000 square feet for a two or more bedroom unit.

Those minimum structure sizes are included in the MMC to ensure consistency with the State ADU law.

In the LCP, the Planning Commission recommended a minimum of 400 square feet and a maximum of 1,200 square feet for an ADU. Establishing a maximum size of 1,200 square feet would be consistent with the square footage allowed for temporary housing for fire rebuilds. After the Woolsey Fire, the Council adopted Ordinance No. 445 which allowed fire rebuild applicants to place temporary housing on their properties not to exceed 1,200 square feet3. That decision was made to ensure a trailer or other prefabricated structures could be placed on the property to accommodate the residents comfortably until they were able to rebuild their homes. Some residents invested in prefabricated temporary homes that could potentially be permitted as ADUs after the rebuild of their homes. Currently second units are limited to 900 square feet in size.

Height
2 https://scag.ca.gov/sites/main/files/file-attachments/adu_affordability_analysis_120120v2.pdf?1606868527 3 The temporary housing regulations were placed in MMC Section 17.40,040.A.18. 5

Agenda Item # 4.A.

The proposed allowed height for an ADU in the MMC is 16 feet above existing or finished grade, whichever results in the lower building height. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed dwelling located within one-half mile from a major transit stop or is a detached ADU created on a lot with an existing or proposed multifamily dwelling. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

For the LCP, the Planning Commission recommended a height limit of 16 feet above grade as measured from existing or finished grade, whichever results in the lower building height. The Director may allow heights up to 24 feet with a Site Plan Review.

When a legally established accessory structure is demolished and replaced with a new structure for the purposes of creating an ADU, the replacement structure may not exceed 18 feet in height. The current allowed height for a second unit is 18 feet and up to 24 feet for a flat roof and 28 feet for a pitched roof with a Site Plan Review.

The Commission also agreed to make the existing language in the LCP limiting a second story to 2/3rds of the first story consistent with the language in the MMC. Since the language in the MMC is the most restrictive and is currently used by staff when determining 2/3rds, staff revised the 2/3rds language in the LCP to be consistent with the MMC language. The language in both documents would now indicate that the “second floor area plus the area of vaulted ceilings above eighteen (18) feet in height shall not exceed two-thirds the first-floor area...”. Having consistent language in both documents will avoid any questions or confusion in the future. This revised language would apply to both ADUs and single-family dwellings.

Setbacks
Consistent with State law, in the MMC the proposed side and rear setback for ADUs is four (4) feet. In the ordinance considered by the Planning Commission a five (5) foot side and rear setbacks were required on properties without two means of access to a highway. The Planning Commission requested that staff add a cross reference between the two sections to avoid confusion; however, the section relative to having two means of access was deleted consistent with Planning Commission direction to utilize street width as the criteria to determine whether a property can have an ADU or increased development standards were required so a cross reference was no longer needed. In the LCP, detached, attached, and converted ADUs must meet the current setback requirements for a second unit.

Parking
The parking requirement for an ADU is one space which is consistent with the existing second unit regulations. This parking requirement would be the same in both the MMC 6

Agenda Item # 4.A.
and LIP. Consistent with State law, parking is not required for JADUs which would be processed under the MMC.

At their March 7, 2022 meeting, based on concern about the cumulative impact of allowing ADUs, the Planning Commission had requested additional studies and referrals.

On August 22, 2022, the City Council considered the request and in response to the Commission’s concerns directed staff to minimize changes to the LCP by utilizing most of the existing second unit regulations, which currently protect coastal resources and public access.

In order to be consistent with State law, the proposed MMC modifications do not require replacement parking for a converted garage and also include other exceptions to provide parking. One such parking exemption is that no parking is required when an ADU is located within 0.5-mile walking distance of public transit. These exceptions have been removed from the LCPA per Planning Commission recommendation. ADUs processed under the LCP will require replacement parking.

After staff updated the ordinance to make parking and other development standards consistent with existing second unit regulations, Coastal Commission staff reviewed the revised draft and indicated that the City should, where appropriate, try to harmonize the LIP changes with State ADU law, not just for parking requirements but other development standards as well.

The Planning Commission felt that since the City was entirely within in a Very High Fire Hazard Severity Zone (VHFHSZ) there should be no exemptions or exceptions for providing on-site parking or reducing other development standards.

Road Width - VHFHSZ
The ordinance reviewed by the Planning Commission included language that required an increase in development standards, but did not prohibit an ADU, on lots that did not have two means of access with at least 24 feet in width to a highway. This language was similar to language in the Los Angeles County North Area Plan but in that code, ADUs were prohibited on properties that did not have two means of access with 24 feet in width to a highway. This same language is not included in the Santa Monica Mountains LCP which covers the County area directly abutting the City in the coastal zone. The Santa Monica Mountains LCP uses different standards for allowing ADUs such as distance from Pacific Coast Highway and the steepness of slopes on a property. Vehicular access must be from a street with a right of way of at least 60 feet.

The majority of the Planning Commission felt a better approach to address fire safety would be to follow existing Los Angeles County Fire Department requirements which require a 20-foot-wide width for roads serving two dwelling units. 7

Agenda Item # 4.A.

ADUs on Multifamily Properties
The proposed LCPA would not allow ADUs located inside multifamily dwellings. An ADU must have its own separate entrance. The proposed LCPA also prohibits ADUs attached to a multifamily structure but allows detached ADUs with an ACDP. The MMC has similar provisions as detached ADUs are allowed in the same manner as a detached ADU on a property with a single-family dwelling but ADUs, including a JADU, are not allowed inside a multifamily dwelling. ADUs are allowed in the non-habitable portions of a multifamily building such as a garage or storage area. Since increasing the number of dwelling units on existing multifamily properties in the City, especially if those units removed existing parking, would have a negative impact to both on-site wastewater systems and available parking, the proposed LCPA would not allow conversion of nonhabitable portions of a building to ADUs.

ENVIRONMENTAL REVIEW: Pursuant to Public Resources Code Section 21080.9, 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. LIP Section 1.3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. In order to prevent inconsistency between the LCP and the City’s Zoning Ordinance, if the LCP amendment is approved, the City must also approve the corollary amendment to the Zoning Ordinance. This amendment is necessary for the preparation and adoption of the LCPA and because they are entirely dependent on, related to, and duplicative of the exempt activity, they are subject to the same CEQA exemption.

In addition, the project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 21080.17, which states that the CEQA does not apply to the adoption of local ordinances regulating the construction of second units and by CEQA Section 15282(h) that exempts adoption of an ordinance regarding second units in single-family and multifamily residential zones.

Furthermore, the Planning Director has analyzed the proposed amendments. CEQA applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 1 5061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Planning Director determined that the proposed amendments are required by State law and will not result in changes from existing development standards, such as density limits and environmental resource protection standards; consequently, there is no possibility the 8

Agenda Item # 4.A.
amendment will have a significant effect on the environment and accordingly, and the exemption set forth in Section 15061(b)(3) applies.

PUBLIC NOTICE: On August 3, 2023, a Notice of Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties (Exhibit 6).

SUMMARY: Staff recommends that the City Council adopt Resolution No. 23-43 and introduce Ordinance No. 510 and Ordinance No. 511 approving LCPA No. 18-002 and ZTA No. 18-004 approving regulations for accessory dwelling units.

Pursuant to State law4, the City must submit a copy of the adopted ordinance to HCD within 60 days after adoption. After the adoption of the ordinance, HCD may review and submit written findings to the City as to whether the ordinance complies with State ADU Law.

EXHIBITS:

1. Resolution No. 23-43

2. Ordinance No. 510

3. Ordinance No. 511

4. LCP Amendment Redline

5. ZTA Redline

6. Public Hearing Notice
4 Gov. Code, § 65852.2, subd. (h)(1)
9 Exhibit 1
RESOLUTION NO. 23-43

A RESOLUTION OF THE CITY OF MALIBU DETERMINING LOCAL
COASTAL PROGRAM AMENDMENT NO. 18-002 IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING
CHAPTER 3 (MARINE AND LAND RESOURCES) AND CHAPTER 5 (NEW

DEVELOPMENT) OF THE LAND USE PLAN PERTAINING TO ACCESSORY

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

SECTION 1. Recitals.

A. On June 11, 2018, the City Council adopted Resolution No. 18-28 to: 1) initiate Local Coastal Program (LCP) Amendment No. 18-002 and Zoning Text Amendment (ZTA) No. 18-004, to update accessory dwelling unit regulations consistent with State law, and 2) direct the Planning Commission to schedule a public hearing regarding the ZTA and provide a recommendation to the Council whether to approve, modify, or reject the amendment.

B. On July 17, 2018, the Zoning Ordinance Revision and Code Enforcement Subcommittee (ZORACES) met to discuss the proposed amendments to the MMC and LCP and recommended that the City’s existing second unit regulations be updated consistent with Accessory Dwelling Unit State law.

C. On August 9, 2018, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

D. On August 30, 2018, a Notice of Availability of LCPA Documents was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

E. On September 4, 2018, the Planning Commission held a duly noticed public hearing to discuss new accessory dwelling unit (ADU) laws. The Planning Commission provided direction to staff and requested additional information. The Planning Commission also found that ADUs may provide units that can be utilized to meet the City’s Regional Housing Needs Allocation (RHNA) and recommended that short-term rentals be prohibited in accessory dwelling units.

F. Between October 2018 and February 2020, the proposed amendments were noticed to be considered by the Planning Commission, however, the hearings were rescheduled.

G. On March 16, 2020, due to the COVID-19 pandemic, all public hearings scheduled for the March 16, 2020 Regular Planning Commission were continued to the April 6, 2020 Regular Planning Commission meeting.

H. On April 6, 2020, the Planning Commission continued the public hearing to a date uncertain.
10 Resolution No. 23-43

_____________________
I. On May 20, 2021, the Planning Commission held a duly noticed public hearing on the proposed ADU amendments. The Planning Commission provided direction to staff and requested additional information.

J. On December 6, 2021, the Planning Commission continued the public hearing to the January 18, 2022 Regular Planning Commission meeting.

K. On January 18, 2022, the Planning Commission continued the public hearing to the March 7, 2022 Regular Planning Commission meeting.

L. On March 7, 2022, the Planning Commission continued the public hearing to a date uncertain. The Planning Commission provided direction to staff and requested additional studies and referrals.

M. On August 22, 2022, the City Council discussed the additional studies and referrals requested by the Planning Commission and directed staff to 1) minimize changes to the Local Coastal Program by utilizing most of the existing second unit regulations, which currently protect coastal resources and public access, to revise the proposed ADU ordinance, and 2) refer the item back to the Planning Commission without the requested studies or referrals since they wouldn’t be needed at this time if the City utilizes current second unit regulations in the ADU ordinance.

N. On March 6, 2023, the Planning Commission continued the public hearing to a March 14, 2023, Special Planning Commission meeting.

O. On March 14, 2023, the Planning Commission held a duly noticed public hearing on the proposed ADU amendments on LCPA 18-002 and ZTA No.18-004, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information on the record and recommended approval of the amendments with some modifications.

P. On August 3, 2023, a Notice of City Council Public Hearing and Notice of Availability of LCP Documents was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

Q. On August 28, 2023, before consideration of the item, the public hearing was continued to September 11, 2023.

R. On September 11, 2023, the City Council held a duly noticed public hearing on the proposed ADU amendments on LCPA 18-002 and ZTA No.18-004, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information on the record.

SECTION 2. Environmental Review.
11 Resolution No. 23-43

_____________________
Pursuant to Public Resources Code Section 21080.9, 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 California Coastal Commission (CCC) before it takes effect. LCP Local Implementation Plan (LIP) Section 1.3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. In order to prevent inconsistency between the LCP and the City’s Zoning Ordinance, if the LCP amendment is approved, the City must also approve the corollary amendment to the Zoning Ordinance. This amendment is necessary for the preparation and adoption of the LCPA and because they are entirely dependent on, related to, and duplicative of the exempt activity, they are subject to the same CEQA exemption.

In addition, the project is exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 21080.17, which states that the CEQA does not apply to the adoption of local ordinances regulating construction of second units and by CEQA Section 15282(h) that exempts adoption of an ordinance regarding second units in single-family and multifamily residential zones.

Furthermore, the City Council has analyzed the proposed amendments. CEQA applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 1 5061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council determined that the proposed amendments are required by State law and will not result in changes from existing development standards, such as density limits and environmental resource protection standards; consequently, there is no possibility the amendment will have a significant effect on the environment and accordingly, and the exemption set forth in Section 15061(b)(3) applies.

SECTION 3. Local Coastal Program Findings.

Based on evidence contained within the record, including the agenda report for and the hearing on July 10, 2023, the City Council hereby finds that the proposed amendment meets the requirements of, and is in conformance with, the policies and requirements of Chapter 3 of the California Coastal Act.

A. The amendments to the LCP meet the requirements of, and are in conformance with the goals, objectives and purposes of the LCP. Updated development standards specific to accessory dwelling units ensure that development of affordable housing may occur in compliance with State housing element law, while maintaining standards to require that uses within the City’s jurisdiction of the Coastal Zone advance the overarching goal of protecting coastal resources.

B. As a part of the LIP, the updated accessory dwelling unit development standards ensure that future development projects and land uses within specific zoning districts conform to applicable LCP policies, goals, and provisions, while taking into consideration the protection and enhancement of visual resources, public access, and recreation opportunities. Incorporating specific requirements for accessory dwelling units achieves LIP Sections 1.2(D) and (G) (guides 12 Resolution No. 23-43

_____________________
future growth and development), LIP Section 1.2(F) (promotes public health, safety, and general welfare), and LIP Section 1.2(K) (assures adequate public uses, facilities, and improvements).

SECTION 4. Local Coastal Program Amendment No. 12-002, Amendments to the Land Use Plan (LUP).

The City Council hereby amends the LUP as follows:

A. Policy 3.42 (c.) of LUP Chapter 3, is amended to read as follows. All other subsections of Policy 3.42 remain the same.
c. Limiting the maximum number of structures to one main residence, one accessory dwelling unit or one guest house, and accessory structures such as, stable, corral, pasture, workshop, gym, studio, pool cabana, office, detached garages, or tennis court, provided that such accessory structures are located within the approved development area and structures are clustered to minimize required fuel modification.

B. Paragraph 4 of A(2). Land Use Plan Provisions of LUP Chapter 5, is amended to read as follows. All other paragraphs remain the same.

The LUP policies address new residential development. The maximum number of structures allowed in a residential development is one main residence, one accessory dwelling unit or one guest house, and additional accessory structures provided that all such structures are located within the approved development area and clustered to minimize required fuel modification, landform alteration, and removal of native vegetation.

C. Policies 5.21, 5.22, 5.23, and 5.24 of LUP Chapter 5 are amended to read as follows:

5.21 The maximum number of structures permitted in a residential development shall be limited to one main residence, one accessory dwelling unit or guest house, and accessory structures such as stable, workshop, gym, studio, pool cabana, office, detached garages, or tennis court provided that all such structures are located within the approved development area and structures are clustered to minimize required fuel modification.

5.22 Accessory dwelling units shall be limited in size to a maximum of 1,200 square feet. Guest houses shall be limited in size to a maximum of 900 square feet. The maximum square footage shall include the total floor area of all enclosed space, including lofts, mezzanines, and storage areas. Garages that are part of an accessory dwelling unit or guest house, shall not exceed 400 square feet (two-car) maximum. The area of a garage provided as part of a guest house or accessory dwelling unit shall not be included in the 900 or 1,200 square foot limit, respectively.

5.23 One onsite enclosed or unenclosed parking space shall be required for the exclusive use of an accessory dwelling unit or guest house.
13 Resolution No. 23-43

_____________________

5.24 New development of an accessory dwelling unit or guest house or other accessory structure that includes plumbing facilities shall demonstrate that adequate private sewage disposal can be provided on the project site consistent with all of the policies of the LCP.

SECTION 5. Effective Date.

In accordance with California Government Code section 36937, this Ordinance shall become effective on the 30th day following its passage and adoption, except for the amendment to the Local Coastal Program. The LCPA is subject to certification by the California Coastal Commission and shall become effective after certification.

SECTION 6. Severability.

Should any section, subsection, clause, or provision of this Resolution for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality or the remaining portions of this Resolution; it being hereby expressly declared and this Resolution, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phases be declared invalid or unconstitutional.

SECTION 7. Certification.

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

PASSED, APPROVED, and ADOPTED this 11th day of September 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
14 Exhibit 2
ORDINANCE NO. 510

AN ORDINANCE OF THE CITY OF MALIBU APPROVING LOCAL
COASTAL PROGRAM AMENDMENT 18-002, AN AMENDMENT TO TITLE 17 (ZONING) OF THE MALIBU MUNICIPAL CODE RELATED TO

DEFINITIONS, GUEST HOMES AND CHANGING THE TERM SECOND

UNITS TO ACCESSORY DWELLING UNITS AND TO THE LOCAL

COASTAL PROGRAM TO UPDATE ACCESSORY DWELLING UNIT

REGULATIONS AND DETERMINING THE AMENDMENTS ARE EXEMPT

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

SECTION 1. Recitals.

A. On June 11, 2018, the City Council adopted Resolution No. 18-28 to: 1) initiate Local Coastal Program (LCP) Amendment No. 18-002 and Zoning Text Amendment (ZTA) No. 18-004, to update accessory dwelling unit regulations consistent with State law, and 2) direct the Planning Commission to schedule a public hearing regarding the ZTA and provide a recommendation to the Council whether to approve, modify, or reject the amendment.

B. On July 17, 2018, the Zoning Ordinance Revision and Code Enforcement Subcommittee (ZORACES) met to discuss the proposed amendments to the MMC and LCP and recommended that the City’s existing second unit regulations be updated consistent with Accessory Dwelling Unit State law.

C. On August 9, 2018, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

D. On August 30, 2018, a Notice of Availability of LCPA Documents was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

E. On September 4, 2018, the Planning Commission held a duly noticed public hearing to discuss new accessory dwelling unit (ADU) laws. The Planning Commission provided direction to staff and requested additional information. The Planning Commission also found that ADUs may provide units that can be utilized to meet the City’s Regional Housing Needs Allocation (RHNA) and recommended that short-term rentals be prohibited in accessory dwelling units.

F. Between October 2018 and February 2020, the proposed amendments were noticed to be considered by the Planning Commission, however, the hearings were rescheduled.

G. On March 16, 2020, due to the COVID-19 pandemic, all public hearings scheduled for the March 16, 2020 Regular Planning Commission were continued to the April 6, 2020 Regular Planning Commission meeting.

H. On April 6, 2020, the Planning Commission continued the public hearing to a date uncertain.
15 Ordinance No. 510

____________________
I. On May 20, 2021, the Planning Commission held a duly noticed public hearing on the proposed ADU amendments. The Planning Commission provided direction to staff and requested additional information.

J. On December 6, 2021, the Planning Commission continued the public hearing to the January 18, 2022 Regular Planning Commission meeting.

K. On January 18, 2022, the Planning Commission continued the public hearing to the March 7, 2022 Regular Planning Commission meeting.

L. On March 7, 2022, the Planning Commission continued the public hearing to a date uncertain. The Planning Commission provided direction to staff and requested additional studies and referrals.

M. On August 22, 2022, the City Council discussed the additional studies and referrals requested by the Planning Commission and directed staff to 1) minimize changes to the Local Coastal Program by utilizing most of the existing second unit regulations, which currently protect coastal resources and public access, to revise the proposed ADU ordinance, and 2) refer the item back to the Planning Commission without the requested studies or referrals since they wouldn’t be needed at this time if the City utilizes current second unit regulations in the ADU ordinance.

N. On March 6, 2023, the Planning Commission continued the public hearing to a March 14, 2023, Special Planning Commission meeting.

O. On March 14, 2023, the Planning Commission held a duly noticed public hearing on the proposed ADU amendments on LCPA 18-002 and ZTA No.18-004, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information on the record and recommended approval of the amendments with some modifications.

P. On August 3, 2023, a Notice of City Council Public Hearing and Notice of Availability of LCP Documents was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

Q. On August 28, 2023, before consideration of the item, the public hearing was continued to September 11, 2023.

R. On September 11, 2023, the City Council held a duly noticed public hearing on the proposed ADU amendments on LCPA 18-002 and ZTA No.18-004, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information on the record.

SECTION 2. Environmental Review.
16 Ordinance No. 510

____________________
Pursuant to Public Resources Code Section 21080.9, 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 California Coastal Commission (CCC) before it takes effect. LCP Local Implementation Plan (LIP) Section 1.3.1 states that the provisions of the LCP take precedence over any conflict between the LCP and the City’s Zoning Ordinance. In order to prevent inconsistency between the LCP and the City’s Zoning Ordinance, if the LCP amendment is approved, the City must also approve the corollary amendment to the Zoning Ordinance. This amendment is necessary for the preparation and adoption of the LCPA and because they are entirely dependent on, related to, and duplicative of the exempt activity, they are subject to the same CEQA exemption.

In addition, the project is exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 21080.17, which states that the CEQA does not apply to the adoption of local ordinances regulating construction of second units and by CEQA Section 15282(h) that exempts adoption of an ordinance regarding second units in single-family and multifamily residential zones.

Furthermore, the City Council has analyzed the proposed amendments. CEQA applies only to projects which have the potential for causing a significant effect on the environment. Pursuant to CEQA Guidelines Section 1 5061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council determined that the proposed amendments are required by State law and will not result in changes from existing development standards, such as density limits and environmental resource protection standards; consequently, there is no possibility the amendment will have a significant effect on the environment and accordingly, and the exemption set forth in Section 15061(b)(3) applies.

SECTION 3. Local Coastal Program Findings.

Based on evidence in the whole record, the City Council hereby finds that the proposed amendment meets the requirements of, and is in conformance with, the policies and requirements of Chapter 3 of the California Coastal Act.

A. The amendments to the LCP meet the requirements of, and are in conformance with the goals, objectives and purposes of the LCP. Updated development standards specific to accessory dwelling units ensure that development of affordable housing may occur in compliance with State housing element law, while maintaining standards to require that uses within the City’s jurisdiction of the Coastal Zone advance the overarching goal of protecting coastal resources.

B. As a part of the LIP, the updated accessory dwelling unit development standards ensure that future development projects and land uses within specific zoning districts conform to applicable LCP policies, goals, and provisions, while taking into consideration the protection and enhancement of visual resources, public access, and recreation opportunities. Incorporating specific requirements for accessory dwelling units achieves LIP Sections 1.2(D) and (G) (guides 17 Ordinance No. 510

____________________
future growth and development), LIP Section 1.2(F) (promotes public health, safety, and general welfare), and LIP Section 1.2(K) (assures adequate public uses, facilities, and improvements).

SECTION 4. Zoning Text Amendment Findings.

Pursuant to Malibu Municipal Code Section 17.74.040, the City Council hereby makes the following findings:

A. The subject zoning text amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed amendment serves to enhance the Malibu General Plan Mission Statement, protect public safety and preserve Malibu’s natural and cultural resources.

B. The City Council held a public hearing, reviewed the subject zoning text amendment application for compliance with the City of Malibu General Plan, Malibu Municipal Code and the Malibu Local Coastal Program, and finds that the zoning text amendment is consistent and recommends approval.

SECTION 5. Local Coastal Program Amendment No. 18-002, Amendments to the Local Implementation Plan (LIP).

The City Council hereby amends the LIP as follows:

A. Add new definitions inserted in alphabetical order to LIP Section 2.1 (Definitions) to read as follows:

ACCESSORY DWELLING UNIT - an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code and the California Building Code; and

2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code.

ACCESSORY DWELLING UNIT, ATTACHED - an accessory dwelling unit that is physically attached to the primary dwelling unit and share an interior wall or as an additional story above the primary dwelling unit, but which has independent, direct access from the exterior.

ACCESSORY DWELLING UNIT, DETACHED - an accessory dwelling unit that is not an attached accessory dwelling unit.

CAR SHARE VEHICLE - a motor vehicle that is operated as part of a regional fleet by a public or private car-sharing company or organization and provides hourly or daily service. A car 18 Ordinance No. 510