Cities Index.
Agenda packet, third session

Malibu City Council
September 25, 2023

Document
Agenda packet, third session
Meeting
September 25, 2023
Body
Malibu City Council
Pages
24
Original file
112.8 MB
Text extracted from the city's file for reading and search. Open the original on www.malibucity.org. That file is the official record.

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

Amended Agenda
CC230925_AMENDED_AGENDA.PDF
Item 3A1
Woolsey Fire Fee Waiver Program
CC230925_ITEM 3A1.PDF
CC230925_ITEM 3A1 SUPPLEMENT.PDF
Item 3B2
Approve Warrants
CC230925_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC230925_ITEM 3B3.PDF
Item 3B4
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
CC230925_ITEM 3B4.PDF
Item 3B5
Amendment to Professional Services Agreement with CJ Biomonitoring, LLC for Biological Review Consulting Services
CC230925_ITEM 3B5.PDF
Item 3B6
Professional Services Agreement with Rincon Consultants, Inc.

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. CC230925_ITEM 3B5.PDF
Item 3B6
Professional Services Agreement with Rincon Consultants, Inc.

CC230925_ITEM 3B6.PDF
Item 3B7
Acceptance of Storm Drain Trash Screen Installation Phase II Project CC230925_ITEM 3B7.PDF
Item 3B8
Professional Services Agreement with Managed Career Solutions CC230925_ITEM 3B8.PDF
Item 3B9
Investment Report for the Month Ending August 31, 2023
CC230925_ITEM 3B9.PDF
CC230925_ITEM 3B9 SUPPLEMENT (2).PDF
Item 3B10
Approve Amendment to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Provide for the Drafting and Filing of Comments Seeking to Reduce the Impact of Aviation Noise Generated from Changes to Los Angeles International Airport Flight Paths
CC230925_ITEM 3B10.PDF
Item 4A
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) (Continued from September 11, 2023) CC230925_ITEM 4A.PDF
CC230925_ITEM 4A SUPPLEMENT.PDF
Item 4B
Appeal No. 23-007 - Appeal of the Planning Director’s denial of Temporary Use Permit No23004 for the Malibu Triathlon (Location: Zuma Beach30050 Pacific Coast

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. CC230925_ITEM 4A.PDF
CC230925_ITEM 4A SUPPLEMENT.PDF
Item 4B
Appeal No. 23-007 - Appeal of the Planning Director’s denial of Temporary Use Permit No. 23-004 for the Malibu Triathlon (Location: Zuma Beach, 30050 Pacific Coast Highway, APN 4469-027-901, Owner: Los Angeles County, Applicant/Appellant: Super League Triathlon)
CC230925_ITEM 4B.PDF
Item 6A
A. Outdoor Warning Sirens System (Continued from September 11, 2023) CC230925_ITEM 6A.PDF
Item 6B
Code Enforcement Ad Hoc Committee (Continued from September 11, 2023) CC230925_ITEM 6B.PDF
Item 7A
Council Appointment to the Planning Commission
CC230925_ITEM 7A.PDF

13. Documents:

14. Documents:

15. Documents:

16. 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 25, 2023
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/83455361570
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – September 15, 2023; Amended Agenda posted September 21, 2023 Approval of Agenda
1 See the removal of Closed Session, modified recommended action for Ordinances and Public Hearings Item No. 4.A., and addition of Ordinances and Public Hearings Item No. 4.B.

AMENDED City Council Regular Meeting Agenda Page - 2 - September 25, 2023

1. Ceremonial/Presentations
A. Presentation on First Responder Readiness for Fire Season B. City Council Reorganization

1. Presentations to Outgoing Mayor

2. Remarks by Outgoing Mayor

3. Election of Mayor

4. Election of Mayor Pro Tem

5. Administration of Oath of Office to Newly Elected Mayor and Mayor Pro Tem

6. Remarks by Newly Elected Mayor

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

B. Commission / Committee / City Manager Updates
C. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries

3. Consent Calendar
A. Previously Discussed Items

1. Woolsey Fire Fee Waiver Program
Recommended Action: Adopt 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, and finding the action to be exempt from the California Environmental Quality Act.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 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 AMENDED City Council Regular Meeting Agenda Page - 3 - September 25, 2023

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 70226-70328 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. 732 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,768,413.82. City of Malibu payroll check number 5371-5373 and ACH deposits were issued in the amount of $424,094.13.

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

3. Approval of Minutes
Recommended Action: Approve the minutes for the November 14, 2022 Malibu City Council Regular meeting, November 28, 2022 Malibu City Council Regular meeting, December 12, 2022 Malibu City Council Regular meeting.

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

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

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

5. Amendment to Professional Services Agreement with CJ Biomonitoring, LLC for Biological Review Consulting Services
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with CJ Biomonitoring, LLC. extending the term of agreement.

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

6. Professional Services Agreement with Rincon Consultants, Inc.

Recommended Action: Authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. in the amount of $197,493 to prepare the 2021-2029 Housing Element Update as needed to address State requirements.

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

7. Acceptance of Storm Drain Trash Screen Installation Phase II Project Recommended Action: 1) Accept the work performed by United Storm Water, Inc. for the Storm Drain Trash Screen Installation Phase II Project, Specification No. 2102 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 AMENDED City Council Regular Meeting Agenda Page - 4 - September 25, 2023

8. Professional Services Agreement with Managed Career Solutions Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers (MCS) for the removal of non-native vegetation and thinning of native vegetation at Legacy Park.

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

9. Investment Report for the Month Ending August 31, 2023 Recommended Action: Receive the Investment Report for the month ending August 31, 2023.

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

10. Approve Amendment to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Provide for the Drafting and Filing of Comments Seeking to Reduce the Impact of Aviation Noise Generated from Changes to Los Angeles International Airport Flight Paths
Recommended Action: Authorize the City Manager to execute a third amendment to the Agreement for Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. and direct Mr.

Taber to prepare and file, in a form approved by the City Attorney and the City Manager, all necessary and appropriate public comment letters and/or related filings regarding the FAA’s ongoing Noise Policy Review, and the Environmental Assessment for the new flight procedures over Malibu that are proposed for the operations of Los Angeles International Airport, in order to reduce the impact of aviation noise on the City’s residents.

Staff Contact: Interim City Attorney Rusin, 456.2489, ext.228

4. Ordinances and Public Hearings
A. 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) (Continued from September 11, 2023) Recommended Action: Continue this item to the October 9, 2023 Regular City Council meeting.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 B. Appeal No. 23-007 - Appeal of the Planning Director’s denial of Temporary Use Permit No. 23- 004 for the Malibu Triathlon (Location: Zuma Beach, 30050 Pacific Coast Highway, APN 4469- 027-901, Owner: Los Angeles County, Applicant/Appellant: Super League Triathlon) Recommended Action: Adopt Resolution No. 23-46, denying Appeal No. 23-007, and denying Temporary Use Permit No. 23-004 for the Malibu Triathlon in the Public Open Space (OS) zoning district at 30050 Pacific Coast Highway (Los Angeles County).

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 AMENDED City Council Regular Meeting Agenda Page - 5 - September 25, 2023

5. Old Business
None.

6. New Business
A. Outdoor Warning Sirens System (Continued from September 11, 2023) 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 (Continued from September 11, 2023) 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
A. Council Appointment to the Planning Commission
Recommended Action: Councilmember Stewart may make a new appointment to the Planning Commission.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 Adjournment
Future Meetings
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 Monday, November 13, 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 AMENDED City Council Regular Meeting Agenda Page - 6 - September 25, 2023 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 Ahave already been considered by theCouncil at a previousmeeting where the public wasinvited to comment, after which a decision was made. These items are notsubject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.

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

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

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

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

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

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

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

TheCity Hall phone numberis(310) 456-2489. To contact City Hall using a telecommunication device forthe 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.

AMENDED City Council Regular Meeting Agenda Page - 7 - September 25, 2023 I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 21st day of September 2023 at 12:00 p.m.

Kelsey Pettijohn, City Clerk

Page 1 of 1 ends

Agenda Item # 3.A.1.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Patricia Salazar, Development and Operations Manager Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: September 13, 2023 Meeting date: September 25, 2023 Subject: Woolsey Fire Fee Waiver Program
RECOMMENDED ACTION: Adopt 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, and finding the action to be exempt from the California Environmental Quality Act.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action. To date, the City has waived or refunded approximately $5.22 million in fees associated with the Woolsey Fire. The Adopted Budget for FY 2023-24 includes sufficient funding to assist all remaining Woolsey Fire property owners and is not reliant on revenue from permit fees.

WORK PLAN: This item was included as item 2.a. in the Adopted Work Plan for FY 2022- 2023. Staff continue to work on ongoing projects and normal business while the FY 2023- 24 Work Plan is finalized.

DISCUSSION: At its September 11, 2023 meeting, the City Council considered an item to extend the upcoming Woosley Fire fee waiver program deadlines as well as the rebuild deadlines for non-conforming structures damaged or destroyed in the Woolsey Fire. The Council directed staff to proceed with a resolution to extend the fee waiver deadlines by 3 years to coincide with Assembly Bill 1500, which amends the Revenue and Taxation Code (RTC) section 70.5 to allow property owners an additional three years to reconstruct improvements on the property substantially damaged or destroyed by the 2018 Woolsey Fire and the 2018 Camp Fire. The purpose of this report is to memorialize the Council’s action on the fee waiver program deadlines. No other provisions regarding the fee waiver program are proposed. A resolution is attached for the Council’s consideration.

ATTACHMENT: Resolution No. 23-40
City Council Meeting
09-25-23
Item

3.A.1.

RESOLUTION NO. 23-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
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; AND FINDING THE ACTION TO BE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The 2018 Woolsey Fire destroyed at least 488 single-family homes in Malibu.

B. In the public interest of encouraging the rebuilding of homes in the City that were lost in theWoolsey Fire, theCity desiresto waive certain planning and building permitfeesrelated to the rebuilding structures that were damaged or destroyed by the Woolsey Fire.

C. The waiving of fees will only be applicable to owners of properties that are being rebuilt as a like-for-like or like-for-like plus 10% rebuild and were used as a primary residence by such owners as of November 8, 2018.

D. Property owners requesting a waiver of fees must demonstrate primary residency with an active voter registration, a valid driver’s license or other government-issued identification cardwith the address of the property that was destroyed by the Woolsey Fire acceptable to the City Manager and file an affidavit with the City on the form specified by the City Manager.

E. Building permits eligible for fee waiver shall include grading, foundation, building, plumbing, mechanical, electrical and Onsite Wastewater Treatment System (OWTS) permits.

F. The City cannot waive permit fees required by other agencies including, but not limited to, the County of Los Angeles and the State of California.

G. On June 24, 2019, the City Council adopted Resolution No. 19-30 authorizing the waiving of fees from November 8, 2018 through June 30, 2020.

H. On February 24, 2020, the City Council adopted Resolution No. 20-10 authorizing the waiving of certain fees from November 8, 2018 through December 30, 2020.

I. On June 22, 2020, the City Council adopted Resolution No. 20-32 authorizing the waiving of certain fees from November 8, 2018 through June 30, 2021.

Resolution No. 23-40

Page 2 of 3 ends

_____________________
J. On March 22, 2021, the City Council adopted Resolution No. 21-10 authorizing the waiving of certain fees from November 8, 2018 through June 30, 2022.

K. On November 8, 2021, the City Council adopted Resolution No. 21-62, authorizing the waiving of certain fees from November 8, 2018 through December 30, 2023.

L. On September 11, 2023, the City Council directed staff to modify and replace Resolution No. 21-62, extending the deadlines by three years, from November 8, 2018 through December 30, 2026, to coincide with Assembly Bill 1500, which amends the Revenue and Taxation Code (RTC) section 70.5 to allow property owners an additional three years to reconstruct improvements on the property substantially damaged or destroyed by the 2018 Woolsey Fire and the 2018 Camp Fire.

M. The City Council now desires to modify and replace Resolution No. 21-62 as herein described.

SECTION 2. Action
The recitals above are adopted and, based thereon, the City Council directs the City Manager to waive the necessary planning and building permit fees for projects rebuilding a likefor-like or like-for like plus 10% structures that were damaged or destroyed by the Woolsey Fire where the property owner demonstrates to the satisfaction of the City Manager that the property was used as the primary residence by the property owner on November 8, 2018, subject to the following requirements and limitations:
(1) an application for waiver is received by June 30, 2026. (2) all required Planning Department applications for the project are deemed complete by June 30, 2024.
(3) all required building permits are pulled by December 30, 2026 (fees will have to be paid for any building permit pulled after December 30, 2026, before it will be issued. (4) all fees associated with post-approval revisions to the project’s Planning Department approval or building permit issuance will be charged in accordance the City’s Adopted FeeSchedule.6.
(5) fee waivers are not transferable. If a waiver is obtained, a Certificate of Occupancy willonly be issued to the property owner who filed the affidavit establishing primary residence atthe time of the Woolsey Fire with the City. All fees that were waived must be paid to the City before a Certificate of Occupancy will be issued to an owner other than the one listed on the fee waiver.

This resolution supersedes and replaces Resolution 21-62.

Resolution No. 23-40

Page 3 of 3 ends

_____________________
SECTION 3. Environmental Review.

The Council finds that the adoption and implementation of this resolution is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, section 15064(e) which exempts purely economic regulations, and Public Resources Code Section 21080(b)(4) regarding actions to mitigate or prevent an emergency.

SECTION 4. 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 __th day of ____ 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney

Page 1 of 1 ends

Agenda Item # 3.A.1.

Supplemental
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Patricia Salazar, Development and Operations Manager Reviewed by: Richard Mollica, Planning Director

Approved by: Steve McClary, City Manager
Date prepared: September 19, 2023 Meeting date: September 25, 2023 Subject: Woolsey Fire Fee Waiver Program
RECOMMENDED ACTION: Adopt 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, and finding the action to be exempt from the California Environmental Quality Act.

DISCUSSION: The purpose of this report is to correct a typographical error in the resolution distributed for the Council’s consideration. The current resolution contains the following provision:
(2) all required Planning Department applications for the project are deemed complete byJune 30, 2024.

However, the deadline should state June 30, 2026. A revised resolution is attached.

ATTACHMENT: Resolution No. 23-40
City Council Meeting
09-25-23
Item

3.A.1.

RESOLUTION NO. 23-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
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; AND FINDING THE ACTION TO BE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The 2018 Woolsey Fire destroyed at least 488 single-family homes in Malibu.

B. In the public interest of encouraging the rebuilding of homes in the City that were lost in theWoolsey Fire, theCity desiresto waive certain planning and building permitfeesrelated to the rebuilding structures that were damaged or destroyed by the Woolsey Fire.

C. The waiving of fees will only be applicable to owners of properties that are being rebuilt as a like-for-like or like-for-like plus 10% rebuild and were used as a primary residence by such owners as of November 8, 2018.

D. Property owners requesting a waiver of fees must demonstrate primary residency with an active voter registration, a valid driver’s license or other government-issued identification cardwith the address of the property that was destroyed by the Woolsey Fire acceptable to the City Manager and file an affidavit with the City on the form specified by the City Manager.

E. Building permits eligible for fee waiver shall include grading, foundation, building, plumbing, mechanical, electrical and Onsite Wastewater Treatment System (OWTS) permits.

F. The City cannot waive permit fees required by other agencies including, but not limited to, the County of Los Angeles and the State of California.

G. On June 24, 2019, the City Council adopted Resolution No. 19-30 authorizing the waiving of fees from November 8, 2018 through June 30, 2020.

H. On February 24, 2020, the City Council adopted Resolution No. 20-10 authorizing the waiving of certain fees from November 8, 2018 through December 30, 2020.

I. On June 22, 2020, the City Council adopted Resolution No. 20-32 authorizing the waiving of certain fees from November 8, 2018 through June 30, 2021.

Attachment 1
Resolution No. 23-40

Page 2 of 3 ends

_____________________
J. On March 22, 2021, the City Council adopted Resolution No. 21-10 authorizing the waiving of certain fees from November 8, 2018 through June 30, 2022.

K. On November 8, 2021, the City Council adopted Resolution No. 21-62, authorizing the waiving of certain fees from November 8, 2018 through December 30, 2023.

L. On September 11, 2023, the City Council directed staff to modify and replace Resolution No. 21-62, extending the deadlines by three years, from November 8, 2018 through December 30, 2026, to coincide with Assembly Bill 1500, which amends the Revenue and Taxation Code (RTC) section 70.5 to allow property owners an additional three years to reconstruct improvements on the property substantially damaged or destroyed by the 2018 Woolsey Fire and the 2018 Camp Fire.

M. The City Council now desires to modify and replace Resolution No. 21-62 as herein described.

SECTION 2. Action
The recitals above are adopted and, based thereon, the City Council directs the City Manager to waive the necessary planning and building permit fees for projects rebuilding a likefor-like or like-for like plus 10% structures that were damaged or destroyed by the Woolsey Fire where the property owner demonstrates to the satisfaction of the City Manager that the property was used as the primary residence by the property owner on November 8, 2018, subject to the following requirements and limitations:
(1) an application for waiver is received by June 30, 2026. (2) all required Planning Department applications for the project are deemed complete by June 30, 2026.
(3) all required building permits are pulled by December 30, 2026 (fees will have to be paid for any building permit pulled after December 30, 2026, before it will be issued. (4) all fees associated with post-approval revisions to the project’s Planning Department approval or building permit issuance will be charged in accordance the City’s Adopted FeeSchedule.6.
(5) fee waivers are not transferable. If a waiver is obtained, a Certificate of Occupancy willonly be issued to the property owner who filed the affidavit establishing primary residence atthe time of the Woolsey Fire with the City. All fees that were waived must be paid to the City before a Certificate of Occupancy will be issued to an owner other than the one listed on the fee waiver.

This resolution supersedes and replaces Resolution 21-62.

Resolution No. 23-40

Page 3 of 3 ends

_____________________
SECTION 3. Environmental Review.

The Council finds that the adoption and implementation of this resolution is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, section 15064(e) which exempts purely economic regulations, and Public Resources Code Section 21080(b)(4) regarding actions to mitigate or prevent an emergency.

SECTION 4. 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 __th day of ____ 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
WARRANT REGISTER NO. 732
On September 25, 2023, the Malibu City Council allowed and approved warrant demand numbers 70226-70328 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 $1,768,413.82. City of Malibu payroll check numbers 5371-5373 and ACH deposits were issued in the amount of $424,094.13.

PASSED, APPROVED and ADOPTED this 25th 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 $2,192,507.95 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 14th day of September 2023, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
09-25-23
Item

3.B.2.

DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Accounts Payable
User:

Printed:
sflores
9/13/2023 9:48 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 70226 AIPM Animal & Insect Pest Management, Inc 08/31/2023 0.00 2,235.00 70227 ANAWALT Anawalt Lumber Co., Inc 08/31/2023 0.00 566.12 70228 ASTELF Elfie Astier 08/31/2023 0.00 590.00
70229 BOYSGIRL Malibu Foundation for Youth & Families 08/31/2023 0.00 50,000.00 70230 CMS Richard Comi 08/31/2023 0.00 3,779.99
70231 COHEME Emet Cohen 08/31/2023 0.00 150.00
70232 COTTON Cotton,Shires & Associates,Inc 08/31/2023 0.00 154,711.75 70233 DAPEERR Dapeer Rosenblit & Litvak LLP 08/31/2023 0.00 280.00 70234 DEVBARB Barbara Devaney 08/31/2023 0.00 35.00
70235 EGOCYN Cyndi Egold 08/31/2023 0.00 35.00
70236 ENHANCED Landscape Development, Inc. 08/31/2023 0.00 54,094.25 70237 ESA Environmental Science Associat 08/31/2023 0.00 2,172.50 70238 ESCPETE Peter Joseph Escobar 08/31/2023 0.00 100.00 70239 FIRTHG Gail Firth 08/31/2023 0.00 20.00
70240 FLECAR Caroline Fleischer 08/31/2023 0.00 150.00
70241 FLOFAR Farah Flores 08/31/2023 0.00 300.00
70242 FRONTIER Frontier California Inc 08/31/2023 0.00 505.05 70243 FUIRIS Iris Fu 08/31/2023 0.00 190.00
70244 GOVCONN GovConnection Inc 08/31/2023 0.00 1,702.57 70245 GREJEN Jennifer Green 08/31/2023 0.00 580.00
70246 HATAMY Amy Hathaway 08/31/2023 0.00 480.00
70247 HOCKING Tahia Hocking 08/31/2023 0.00 390.00
70248 HOMCOMM Reagan Hom 08/31/2023 0.00 448.06
70249 HOSBLA Blaire Hosfeldt-Ward 08/31/2023 0.00 300.00 70250 KONICA Konica Minolta Business Solutions USA Inc 08/31/2023 0.00 7,500.00 70251 LAWSONS Skylar J Lawson 08/31/2023 0.00 150.00
70252 LICBRO Brooke Lichtenstein 08/31/2023 0.00 40.00
70253 LOPEZNIC Nicolas Lopez 08/31/2023 0.00 150.00
70254 LOWRMEG Megan Lowry 08/31/2023 0.00 150.00
70255 MALICOM Malibu Comm Labor Exchange 08/31/2023 0.00 825.00 70256 MALIELEM Malibu Elementary School 08/31/2023 0.00 17,000.00 70257 MASTERCO Master Cooling Corporation 08/31/2023 0.00 1,360.00 70258 MURRD Darren Murray 08/31/2023 0.00 390.00
70259 NEXTEL Nextel / Sprint Communication 08/31/2023 0.00 168.82 70260 PACIFICP Pacific Production Services, Inc 08/31/2023 0.00 137.00 70261 PHOTOVIC Photos by Victoria 08/31/2023 0.00 63.00 70262 PRIMMAJA Maja Primorac 08/31/2023 0.00 150.00
70263 PRODUCT Productive Corporation 08/31/2023 0.00 3,204.78 70264 QUADFIN Quadient Finance USA INC 08/31/2023 0.00 1,328.03 70265 RANSJ John Ransier 08/31/2023 0.00 780.00
70266 RAPHAELL Lee Raphael 08/31/2023 0.00 55.00
70267 RAVSHAN Shannon Ravenshear 08/31/2023 0.00 100.00 70268 READYREF Nestle Waters North America Inc 08/31/2023 0.00 137.94 70269 RINCONC Rincon Consultants, Inc 08/31/2023 0.00 8,707.00 70270 ROMJ John Rom 08/31/2023 0.00 150.00
70271 SANALL Allison Sanders 08/31/2023 0.00 150.00
70272 SAXTONKA Katherine Saxton 08/31/2023 0.00 590.00
AP Checks by Date - Summary by Check Number (9/13/2023 9:48 AM) Page 1 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Check No Vendor No Vendor Name Check Date Void Checks Check Amount 70273 SEMRADM Matthew Semradek 08/31/2023 0.00 390.00
70274 SETZN Nadine Setz 08/31/2023 0.00 240.00
70275 SLOAK Kristine Sloan 08/31/2023 0.00 20.00
70276 SWAAMA Amanda Swain 08/31/2023 0.00 150.00
70277 TAGGAR Gary Taglyan 08/31/2023 0.00 290.00
70278 TRUNORTH True North Compliance Services, Inc. 08/31/2023 0.00 62,108.12 70279 VENTTRA Ventura Transit System, Inc. 08/31/2023 0.00 5,286.00 70280 XEROX Xerox Corporation 08/31/2023 0.00 80.67
70281 CASTDIS California State Disbursement Unit 09/05/2023 0.00 339.69 70282 ICMA457 ICMA-MissionSquare Retirement - 303615 09/05/2023 0.00 17,415.04 70283 ICMACM ICMA-MissionSquare Retirement - 108658 09/05/2023 0.00 600.00 70284 SABMT Marie Taschia N Sabay 09/05/2023 0.00 1,031.22 70285 STANDARD Standard Insurance Company N2 09/05/2023 0.00 8,608.36 70286 USBANK2 U.S. Bank 09/05/2023 0.00 1,405.54
70287 13STARS 13 Stars 09/06/2023 0.00 141.52
70288 BALLKAT Katy Ballard 09/06/2023 0.00 934.94
70289 CASGAY Gaylene Cascione 09/06/2023 0.00 150.00
70290 CHAMPCAM Trevor Elder 09/06/2023 0.00 1,890.00
70291 CHEVRON2 Wright Express FSC Wex Bank 09/06/2023 0.00 2,697.62 70292 CRPRINT CR PRINT 09/06/2023 0.00 4,656.57
70293 CWCDRY Paul, Joseph Croteau 09/06/2023 0.00 5,985.00 70294 DUTHIEEL Duthie Electrical Services 09/06/2023 0.00 972.95 70295 ESCPETE Peter Joseph Escobar 09/06/2023 0.00 150.00 70296 FRONTIER Frontier California Inc 09/06/2023 0.00 516.03 70297 HOUSERUS House R Us 09/06/2023 0.00 2,650.00
70298 KORBRA Branden Kornmaier 09/06/2023 0.00 1,820.00 70299 LACOANI LA Co Animal Care & Control 09/06/2023 0.00 18,294.24 70300 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/06/2023 0.00 75.00 70301 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/06/2023 0.00 75.00 70302 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/06/2023 0.00 75.00 70303 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/06/2023 0.00 75.00 70304 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/06/2023 0.00 75.00 70305 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/06/2023 0.00 75.00 70306 LACOCLE LA County Registrar-Recorder LA Co Clerk 09/06/2023 0.00 75.00 70307 LACOSHE LA Co Sheriff's Department 09/06/2023 0.00 1,134,036.61 70308 LASDHIA Los Angeles Sheriff's Department - HIA 09/06/2023 0.00 4,000.00 70309 LEMMOR Richard Lemmo 09/06/2023 0.00 150.00
70310 MANMIC Michael Manfredo 09/06/2023 0.00 556.50
70311 McCRORYC Charles McCrory 09/06/2023 0.00 450.00
70312 MONJARAS Monjaras and Wismeyer Group Inc 09/06/2023 0.00 2,053.50 70313 MONTHARD Montgomery Hardware Co. 09/06/2023 0.00 1,496.78 70314 NAICKERV Vasudevan Naicker 09/06/2023 0.00 350.00 70315 NEWBURY Newbury Park Tree Service Inc 09/06/2023 0.00 41,791.91 70316 NEXTIVA Nextiva, Inc. 09/06/2023 0.00 3,768.73
70317 OCONNPAT Patrick O'Connell 09/06/2023 0.00 800.00 70318 PARSARS Public Agency Retirement Srvcs 09/06/2023 0.00 300.00 70319 PEOPCON Ocean Park Community Center 09/06/2023 0.00 29,051.00 70320 PETTMAIN Custodian Of Petty Cash- Main 09/06/2023 0.00 223.98 70321 RINCONC Rincon Consultants, Inc 09/06/2023 0.00 16,927.50 70322 ROCKET Rocketology LLC 09/06/2023 0.00 4,830.00
70323 ROMJ John Rom 09/06/2023 0.00 560.00
70324 ROUNDSTA Round Star West LLC 09/06/2023 0.00 850.00 70325 TRAIGOAT Train Goat Gainz LLC 09/06/2023 0.00 150.00 70326 WEILAU Laurie Weitz 09/06/2023 0.00 8,009.44
70327 XEROXFIN Xerox Corporation 09/06/2023 0.00 783.40 70328 USBANK U.S. Bank 09/12/2023 0.00 60,824.10
AP Checks by Date - Summary by Check Number (9/13/2023 9:48 AM) Page 2 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Check No Vendor No Vendor Name Check Date Void Checks Check Amount Report Total (103 checks): 0.00 1,768,413.82
AP Checks by Date - Summary by Check Number (9/13/2023 9:48 AM) Page 3 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D User:

Printed: 09/13/2023 - 9:48AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00070226 To: 00070328
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-1010-00 Cash Account Marie Taschia N Sabay Replacement of PR check #5314-Lost 70284 1,031.22 Vendor Subtotal for Section 2:0000 1,031.22
Section 2:0000
100-0000-3202-00 Film Permit Fees Pacific Production Services, Inc Ref- Film Permit #22-353 Overpayment 70260 137.00 Vendor Subtotal for Section 2:0000 137.00
Section 2:0000
100-0000-3202-00 Film Permit Fees Photos by Victoria Ref- Film Permit #22-565 70261 63.00 Vendor Subtotal for Section 2:0000 63.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Gail Firth Ref- Youth Tennis Cancelled 70239 20.00 Vendor Subtotal for Section 2:0000 20.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Brooke Lichtenstein Ref- Youth Tennis Cancelled (2) 70252 40.00 Vendor Subtotal for Section 2:0000 40.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Kristine Sloan Ref- Youth Tennis Cancelled 70275 20.00 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 1 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 20.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Elfie Astier Ref- Seawolves Blue Group 70228 590.00 Vendor Subtotal for Section 2:0000 590.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Emet Cohen Ref- S8 Merbabies Cancelled 70231 150.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Caroline Fleischer Ref- S8 Guppy Cancelled 70240 150.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Farah Flores Ref- S8 Guppy & S8 Sea Otters Cancelled 70241 300.00 Vendor Subtotal for Section 2:0000 300.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Blaire Hosfeldt-Ward Ref- S8 Guppy & S8 Stingray Cancelled 70249 300.00 Vendor Subtotal for Section 2:0000 300.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Nicolas Lopez Ref- S8 Stingray Cancelled 70253 150.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Megan Lowry Ref- S8 Starfish Cancelled 70254 150.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Maja Primorac Ref- S8 Guppy Cancelled 70262 150.00 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 2 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Allison Sanders Ref- S8 Starfish Cancelled 70271 150.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Katherine Saxton Ref- Seawolves Blue Group 70272 590.00 Vendor Subtotal for Section 2:0000 590.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Amanda Swain Ref- S8 Guppy Cancelled 70276 150.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Jennifer Green Ref- Aspects Surf Camp 70245 580.00 Vendor Subtotal for Section 2:0000 580.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Amy Hathaway Ref- Prime Surf Camp Cancelled (2) 70246 480.00 Vendor Subtotal for Section 2:0000 480.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Tahia Hocking Ref- Prime/Aspects Surf Camp 70247 390.00 Vendor Subtotal for Section 2:0000 390.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Darren Murray Ref- Aspects Surf Camp 70258 390.00 Vendor Subtotal for Section 2:0000 390.00
Section 2:0000
100-0000-3467-00 Day Camp Fees John Ransier Ref- Aspects Surf Camp (2) 70265 780.00 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 3 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 780.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Shannon Ravenshear Ref- Aspects Surf Camp 70267 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Matthew Semradek Ref- Aspects Surf Camp 70273 390.00 Vendor Subtotal for Section 2:0000 390.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Nadine Setz Ref- Prime Surf Camp Cancelled 70274 240.00 Vendor Subtotal for Section 2:0000 240.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Gary Taglyan Ref- Science Camp 70277 290.00 Vendor Subtotal for Section 2:0000 290.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Barbara Devaney Ref- Sr Excursion Aug '23 70234 35.00 Vendor Subtotal for Section 2:0000 35.00
Section 2:0000
100-0000-3469-00 Skate Park Program Fee Lee Raphael Ref- Parent and Me Skate Day 70266 55.00 Vendor Subtotal for Section 2:0000 55.00
Section 2:0000
100-0000-3470-00 Community Classes Cyndi Egold Ref- Dog Workshop Cancelled 70235 35.00 Vendor Subtotal for Section 2:0000 35.00
Section 2:0000
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 4 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount 100-0000-3470-00 Community Classes Iris Fu Ref- Mozart on Canvas 70243 190.00 Vendor Subtotal for Section 2:0000 190.00
Section 2:0000
100-0000-3904-00 TOT Private Rental Penalties Laurie Weitz Ref- Transient Occupancy Tax Penalties/Interest 70326 8,009.44 Vendor Subtotal for Section 2:0000 8,009.44
Section 2:3001
100-3001-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -124.03 Vendor Subtotal for Section 2:3001 -124.03
Section 2:3008
100-3008-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -269.18 Vendor Subtotal for Section 2:3008 -269.18
Section 2:3008
100-3008-5300-00 Travel and Training U.S. Bank PW-9462 Public Sector Excellence - Training 70328 115.00 Vendor Subtotal for Section 2:3008 115.00
Section 2:3008
100-3008-6160-00 Operating Supplies U.S. Bank PW-8679 Key Fob for Fleet Vehicle 70328 7.47 100-3008-6160-00 Operating Supplies U.S. Bank PW-1571 Phone Charger 70328 9.91 Vendor Subtotal for Section 2:3008 17.38
Section 2:4001
100-4001-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -159.44 Vendor Subtotal for Section 2:4001 -159.44
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 5 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Section 2:4001
100-4001-5330-00 Dues & Memberships U.S. Bank CS-3637 Amazon Refund/ Survey Monkey Membership 70328 379.72 100-4001-5330-00 Dues & Memberships U.S. Bank CS-7118 Flipping Book - Membership 70328 1,070.00 Vendor Subtotal for Section 2:4001 1,449.72
Section 2:4001
100-4001-6160-00 Operating Supplies Frontier California Inc Phone - Bluffs Secondary Internet 8/15/23 - 9/14/23 70242 499.99 Vendor Subtotal for Section 2:4001 499.99
Section 2:4001
100-4001-6160-00 Operating Supplies Custodian Of Petty Cash- Main Petty Cash - Riesgo - Reimb for Community Meeting Refreshments 70320 20.74 Vendor Subtotal for Section 2:4001 20.74
Section 2:4001
100-4001-6160-00 Operating Supplies Nestle Waters North America Inc Water - MHS & Bluffs Staff - 6/13/23 - 7/12/23 70268 137.94 Vendor Subtotal for Section 2:4001 137.94
Section 2:4001
100-4001-6160-00 Operating Supplies U.S. Bank CS-7084 Conejo Awards - Staff Name Badges 70328 50.87 100-4001-6160-00 Operating Supplies U.S. Bank CS-2169 Todoist Monthly 70328 48.00 100-4001-6160-00 Operating Supplies U.S. Bank CS-3637 Amazon/CVS - Supplies 70328 115.68 100-4001-6160-00 Operating Supplies U.S. Bank CS-2054 When I Work Monthly 70328 100.00 100-4001-6160-00 Operating Supplies U.S. Bank CS-7118 Staples - Supplies 70328 49.48 Vendor Subtotal for Section 2:4001 364.03
Section 2:4002
100-4002-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -14.34 Vendor Subtotal for Section 2:4002 -14.34
Section 2:4002
100-4002-6160-00 Operating Supplies U.S. Bank CS-2054 NCSI Background Checks - Aquatics (2) 70328 37.00 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 6 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4002 37.00
Section 2:4003
100-4003-6160-00 Operating Supplies U.S. Bank CS-1673 Satellite Phone Store - Phone Svc for Charmlee 70328 72.79 Vendor Subtotal for Section 2:4003 72.79
Section 2:4004
100-4004-5107-00 Contract Personnel Branden Kornmaier Instructor - Tennis Camp 8/7/23 - 8/10/23 70298 1,820.00 Vendor Subtotal for Section 2:4004 1,820.00
Section 2:4004
100-4004-5107-00 Contract Personnel Rocketology LLC Instructor - Rocket Camp 8/14/23 - 8/17/23 70322 2,520.00 Vendor Subtotal for Section 2:4004 2,520.00
Section 2:4004
100-4004-5107-00 Contract Personnel Round Star West LLC Instructor - Soccer Camp 8/14/23 - 8/17/23 70324 700.00 Vendor Subtotal for Section 2:4004 700.00
Section 2:4005
100-4005-5107-00 Contract Personnel Trevor Elder Instructor - Skate Camp 8/14/23 - 8/17/23 70290 1,890.00 Vendor Subtotal for Section 2:4005 1,890.00
Section 2:4005
100-4005-5640-00 Equipment Maintenance Anawalt Lumber Co., Inc CS - Skate Park Materials 70227 17.78 100-4005-5640-00 Equipment Maintenance Anawalt Lumber Co., Inc Skate Park - Hardware 70227 41.79 100-4005-5640-00 Equipment Maintenance Anawalt Lumber Co., Inc CS - Skate Park Materials 70227 280.84 100-4005-5640-00 Equipment Maintenance Anawalt Lumber Co., Inc CS - Skate Park Materials 70227 79.19 100-4005-5640-00 Equipment Maintenance Anawalt Lumber Co., Inc CS - Skate Park Materials 70227 78.37 Vendor Subtotal for Section 2:4005 497.97
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 7 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Section 2:4006
100-4006-5107-00 Contract Personnel John Rom Instructor - Youth Tennis 6/7/23 - 8/19/23 70323 560.00 Vendor Subtotal for Section 2:4006 560.00
Section 2:4006
100-4006-5401-00 Advertising & Noticing U.S. Bank CS-2054 Canva Monthly 70328 24.95 Vendor Subtotal for Section 2:4006 24.95
Section 2:4006
100-4006-6160-00 Operating Supplies U.S. Bank CS-7118 Conejo Awards - Softball Plaques 70328 24.67 Vendor Subtotal for Section 2:4006 24.67
Section 2:4007
100-4007-5107-00 Contract Personnel Michael Manfredo Instructor - Tai Chi 6/16/23 - 8/18/23 70310 556.50 Vendor Subtotal for Section 2:4007 556.50
Section 2:4007
100-4007-5107-00 Contract Personnel Rocketology LLC Instructor - Mega Machines at Webster Elem 1/11/23 - 3/22/23 70322 2,310.00 Vendor Subtotal for Section 2:4007 2,310.00
Section 2:4007
100-4007-6160-00 Operating Supplies U.S. Bank CS-7118 Amazon - Supplies 70328 228.64 100-4007-6160-00 Operating Supplies U.S. Bank CS-3637 Community Classes - Supplies 70328 2,639.91 100-4007-6160-00 Operating Supplies U.S. Bank CS-2054 NCSI Background Checks - Community Classes 70328 18.50 Vendor Subtotal for Section 2:4007 2,887.05
Section 2:4008
100-4008-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -27.18 Vendor Subtotal for Section 2:4008 -27.18
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 8 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Section 2:4008
100-4008-5300-00 Travel and Training Custodian Of Petty Cash- Main Petty Cash - Crespo - So Cal Sr Symposium Registration 70320 25.00 Vendor Subtotal for Section 2:4008 25.00
Section 2:4008
100-4008-6160-00 Operating Supplies Custodian Of Petty Cash- Main Petty Cash - Edwards - Reimb for Sr Center Lunch 70320 14.51 Vendor Subtotal for Section 2:4008 14.51
Section 2:4008
100-4008-6160-00 Operating Supplies U.S. Bank CS-2054 Food for Sr Luncheon 7/27/23 70328 1,099.39 100-4008-6160-00 Operating Supplies U.S. Bank CS-3637 Amazon - Theater Thursday Movie 70328 3.79 100-4008-6160-00 Operating Supplies U.S. Bank CS-7084 Sr Center - Operating Supplies 70328 954.34 Vendor Subtotal for Section 2:4008 2,057.52
Section 2:4008
100-4008-6176-00 Recreation Trip Admissions U.S. Bank CS-7084 Aquarium of the Pacific - Tickets 70328 461.45 Vendor Subtotal for Section 2:4008 461.45
Section 2:4010
100-4010-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -63.46 Vendor Subtotal for Section 2:4010 -63.46
Section 2:4010
100-4010-5100-00 Professional Services Landscape Development, Inc. City Parks Landscape Maint/Liners - Jul '23 70236 27,371.45 Vendor Subtotal for Section 2:4010 27,371.45
Section 2:4010
100-4010-5130-00 Parks Maintenance Animal & Insect Pest Management, Inc Bluffs/Trancas - Bee Removal 70226 2,235.00 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 9 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 2,235.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Cross Creek - Plant Installation 70236 650.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Irrigation Supplies/Repair 70236 2,707.75 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Cross Creek - Irrigation Repairs 70236 452.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Las Flores - Irrigation Repairs 70236 392.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Civic Center - Supplies/Labor 70236 900.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Trancas - Supplies/Labor 70236 1,960.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. PCH Median - Plant Removal/Installation 70236 675.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Las Flores - Materials 70236 375.00 Vendor Subtotal for Section 2:4010 8,111.75
Section 2:4010
100-4010-5610-00 Facility Maintenance Anawalt Lumber Co., Inc CS - Park Supplies 70227 65.96 100-4010-5610-00 Facility Maintenance Anawalt Lumber Co., Inc CS - Park Supplies 70227 2.19 Vendor Subtotal for Section 2:4010 68.15
Section 2:4010
100-4010-5610-00 Facility Maintenance House R Us Bluffs Park - Ceiling Repair 70297 2,650.00 Vendor Subtotal for Section 2:4010 2,650.00
Section 2:4010
100-4010-5610-00 Facility Maintenance U.S. Bank CS-2481 Park Fac Maint 70328 1,277.91 Vendor Subtotal for Section 2:4010 1,277.91
Section 2:4010
100-4010-6160-00 Operating Supplies Custodian Of Petty Cash- Main Petty Cash - Post Caps for Bluffs Park 70320 17.87 Vendor Subtotal for Section 2:4010 17.87
Section 2:4010
100-4010-6160-00 Operating Supplies U.S. Bank CS-7433 Agoura Lock Tech - Bluffs Key Copies 70328 28.85 Vendor Subtotal for Section 2:4010 28.85
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 10 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-6600-00 Equipment Parts U.S. Bank CS-7433 CVS - Batteries for Electrical Tools 70328 25.29 Vendor Subtotal for Section 2:4010 25.29
Section 2:4011
100-4011-5107-00 Contract Personnel Gaylene Cascione Instructor - Dancing Activity for TinyTot Olympics 9/17/23 70289 150.00 Vendor Subtotal for Section 2:4011 150.00
Section 2:4011
100-4011-5107-00 Contract Personnel Peter Joseph Escobar Instructor - Karate Demonstration for CineMalibu 8/19/23 70238 100.00 100-4011-5107-00 Contract Personnel Peter Joseph Escobar Instructor - Karate Activity for TinyTot Olympics 9/17/23 70295 150.00 Vendor Subtotal for Section 2:4011 250.00
Section 2:4011
100-4011-5107-00 Contract Personnel Skylar J Lawson Instructor - Tiny Tot Surfing 9/17/23 70251 150.00 Vendor Subtotal for Section 2:4011 150.00
Section 2:4011
100-4011-5107-00 Contract Personnel Richard Lemmo Instructor - Basketball Activity for TinyTot Olympic 9/17/23 70309 150.00 Vendor Subtotal for Section 2:4011 150.00
Section 2:4011
100-4011-5107-00 Contract Personnel Patrick O'Connell Decorations - Halloween Carnival 10/27/23 70317 450.00 100-4011-5107-00 Contract Personnel Patrick O'Connell Decorations - Tiny Tot Olympics 9/17/23 70317 350.00 Vendor Subtotal for Section 2:4011 800.00
Section 2:4011
100-4011-5107-00 Contract Personnel John Rom Instructor - Tiny Tot Tennis 9/17/23 70270 150.00 Vendor Subtotal for Section 2:4011 150.00
Section 2:4011
100-4011-5107-00 Contract Personnel Round Star West LLC Instructor - Soccer Activity for Tiny Tot Olympics 9/17/23 70324 150.00 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 11 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4011 150.00
Section 2:4011
100-4011-5107-00 Contract Personnel Train Goat Gainz LLC Instructor - T-Ball Activity for Tiny Tot Olympics 9/17/23 70325 150.00 Vendor Subtotal for Section 2:4011 150.00
Section 2:4011
100-4011-5107-00 Contract Personnel U.S. Bank CS-3637 Funflicks / Pure Imagination 70328 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 8/19/23 70328 465.00 Vendor Subtotal for Section 2:4011 465.00
Section 2:4011
100-4011-6160-00 Operating Supplies U.S. Bank CS-3637 Special Events - Supplies 70328 1,946.08 Vendor Subtotal for Section 2:4011 1,946.08
Section 2:4012
100-4012-6160-00 Operating Supplies U.S. Bank CS-7084 Malibu Arts - Operating Supplies 70328 202.03 Vendor Subtotal for Section 2:4012 202.03
Section 2:7001
100-7001-5300-00 Travel and Training U.S. Bank CM-1386 CCCA Directors Meeting / CalCities Conference Airfare 70328 525.94 Vendor Subtotal for Section 2:7001 525.94
Section 2:7001
100-7001-6160-00 Operating Supplies U.S. Bank CM-1386 City Lapel Pins 70328 2,415.48 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 12 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7001 2,415.48
Section 2:7001
100-7001-6170-00 Events U.S. Bank CC-2343 City Council Workshop Supplies/Refreshments 8/16/23 70328 57.14 Vendor Subtotal for Section 2:7001 57.14
Section 2:7002
100-7002-4205-00 Life Insurance Standard Insurance Company N2 PR 17.08.2023 -LIfe Life Insur-Montano 70285 -8.60 Vendor Subtotal for Section 2:7002 -8.60
Section 2:7002
100-7002-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -161.52 Vendor Subtotal for Section 2:7002 -161.52
Section 2:7002
100-7002-5100-00 Professional Services U.S. Bank CM-0665 Zoom Monthly 70328 368.74 Vendor Subtotal for Section 2:7002 368.74
Section 2:7002
100-7002-5401-00 Advertising & Noticing U.S. Bank CM-2962 Facebook - City Events/Recruiting Ads 70328 275.21 Vendor Subtotal for Section 2:7002 275.21
Section 2:7002
100-7002-6160-00 Operating Supplies U.S. Bank CM-0665 Wowza/ Amazon Supplies 70328 290.16 100-7002-6160-00 Operating Supplies U.S. Bank CM-2962 iPhone Storage 70328 0.99 Vendor Subtotal for Section 2:7002 291.15
Section 2:7002
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 13 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount 100-7002-6165-00 Website Services U.S. Bank CM-1386 dlvr.it - Social Media Post Svc Annual Subscription 70328 215.89 Vendor Subtotal for Section 2:7002 215.89
Section 2:7003
100-7003-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -170.52 Vendor Subtotal for Section 2:7003 -170.52
Section 2:7003
100-7003-5300-00 Travel and Training U.S. Bank ESD-9405 Sharky's - Staff Lunch w/ Baker Tilly 70328 1,519.28 100-7003-5300-00 Travel and Training U.S. Bank ESD-7736 Ralph's - Staff Lunch w/ Baker Tilley 70328 87.34 Vendor Subtotal for Section 2:7003 1,606.62
Section 2:7003
100-7003-6160-00 Operating Supplies U.S. Bank CM-1386 Work Plan Workshop Lunch 70328 227.36 Vendor Subtotal for Section 2:7003 227.36
Section 2:7005
100-7005-5103-00 Criminal Prosecution Dapeer Rosenblit & Litvak LLP City Prosecutor Svc - Jul '23 70233 280.00 Vendor Subtotal for Section 2:7005 280.00
Section 2:7007
100-7007-4205-00 Life Insurance Standard Insurance Company N2 PR 17.08.2023 -LIfe Life Insur-Pettijohn 70285 0.68 Vendor Subtotal for Section 2:7007 0.68
Section 2:7007
100-7007-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -90.76 Vendor Subtotal for Section 2:7007 -90.76
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 14 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Section 2:7007
100-7007-5100-00 Professional Services U.S. Bank CC-2343 Dropbox/ Veribook 70328 120.30 Vendor Subtotal for Section 2:7007 120.30
Section 2:7007
100-7007-5300-00 Travel and Training U.S. Bank CC-2343 Athenian Leadership (2) / CMC Certification 70328 300.00 Vendor Subtotal for Section 2:7007 300.00
Section 2:7021
100-7021-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -107.98 Vendor Subtotal for Section 2:7021 -107.98
Section 2:7021
100-7021-5100-00 Professional Services Newbury Park Tree Service Inc Removal of Hazardous Trees - Aug '23 70315 41,791.91 Vendor Subtotal for Section 2:7021 41,791.91
Section 2:7021
100-7021-5100-00 Professional Services U.S. Bank CC-2343 Veribook Fire Inspection Jul & Aug '23 70328 66.30 Vendor Subtotal for Section 2:7021 66.30
Section 2:7021
100-7021-5106-00 Animal Control LA Co Animal Care & Control Animal Control - Jul '23 70299 18,294.24 Vendor Subtotal for Section 2:7021 18,294.24
Section 2:7021
100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Liaison - 7/14/23 - 7/26/23 70307 13,081.12 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Lost Hills Station - Jul '23 70307 834,575.65 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Illegal Car Show - Jul '23 70307 7,451.88 Vendor Subtotal for Section 2:7021 855,108.65
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 15 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Section 2:7021
100-7021-5115-00 Law Enforcement Services Los Angeles Sheriff's Department - HIA Special Investigation Fee 70308 4,000.00 Vendor Subtotal for Section 2:7021 4,000.00
Section 2:7021
100-7021-5116-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Beach Team - Jul '23 70307 256,260.30 Vendor Subtotal for Section 2:7021 256,260.30
Section 2:7021
100-7021-5119-00 Homeless Outreach and Support Ocean Park Community Center Homeless Services - Jul '23 70319 29,051.00 Vendor Subtotal for Section 2:7021 29,051.00
Section 2:7021
100-7021-5300-00 Travel and Training U.S. Bank PS-4095 CA Wildfire Conference Registration 70328 350.00 Vendor Subtotal for Section 2:7021 350.00
Section 2:7021
100-7021-5721-00 Telephone Nextel / Sprint Communication Cell Phone - 7/13/23 - 8/12/23 70259 65.59 Vendor Subtotal for Section 2:7021 65.59
Section 2:7021
100-7021-5721-00 Telephone U.S. Bank IS-4175 Starlink Internet for PS 70328 500.00 Vendor Subtotal for Section 2:7021 500.00
Section 2:7021
100-7021-6160-00 Operating Supplies Custodian Of Petty Cash- Main Petty Cash - CERT Team Meeting Refreshments 70320 17.95 Vendor Subtotal for Section 2:7021 17.95
Section 2:7021
100-7021-6160-00 Operating Supplies U.S. Bank PS-2785 Amazon - First Responder Trauma Kits (2) 70328 483.98 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 16 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount 100-7021-6160-00 Operating Supplies U.S. Bank PS-9005 Public Safety - Supplies 70328 6,197.85 100-7021-6160-00 Operating Supplies U.S. Bank AS-7465 Smart Sign - PS Parking Signage 70328 156.97 100-7021-6160-00 Operating Supplies U.S. Bank PS-4095 SOS Survival / Zoro - CERT Backpack Supplies 70328 1,050.23 Vendor Subtotal for Section 2:7021 7,889.03
Section 2:7021
100-7021-6160-01 VOP Operating Supplies Reagan Hom VOP Vehicle Equipment 70248 448.06 Vendor Subtotal for Section 2:7021 448.06
Section 2:7054
100-7054-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -195.54 Vendor Subtotal for Section 2:7054 -195.54
Section 2:7058
100-7058-4205-00 Life Insurance Standard Insurance Company N2 PR 17.08.2023 -LIfe Life Insur-Woodrow 70285 -12.21 Vendor Subtotal for Section 2:7058 -12.21
Section 2:7058
100-7058-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -131.03 Vendor Subtotal for Section 2:7058 -131.03
Section 2:7058
100-7058-5100-00 Professional Services Monjaras and Wismeyer Group Inc Accommodation Meeting 7/14/23 - 7/31/23 70312 2,053.50 Vendor Subtotal for Section 2:7058 2,053.50
Section 2:7058
100-7058-5300-00 Travel and Training U.S. Bank HR-5582 CalPERS Training Conference 2023 Cancelled 70328 -199.00 Vendor Subtotal for Section 2:7058 -199.00
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 17 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Section 2:7058
100-7058-5320-00 Recruitment Expense Charles McCrory Background Check - Deputy City Manager 70311 450.00 Vendor Subtotal for Section 2:7058 450.00
Section 2:7058
100-7058-5320-00 Recruitment Expense U.S. Bank CM-2962 LinkedIn - Recruitment Ads 70328 401.65 100-7058-5320-00 Recruitment Expense U.S. Bank HR-5076 Recruitment 70328 4,213.82 Vendor Subtotal for Section 2:7058 4,615.47
Section 2:7058
100-7058-6170-00 Events U.S. Bank CC-2343 Retirement Gift 70328 69.25 100-7058-6170-00 Events U.S. Bank CM-2962 Food/Parking for Staff Events 70328 557.47 100-7058-6170-00 Events U.S. Bank AS-2163 Staff Events - Cleanup, Breakfast, Retirement 70328 392.50 Vendor Subtotal for Section 2:7058 1,019.22
Section 2:7059
100-7059-4205-00 Life Insurance Standard Insurance Company N2 PR 17.08.2023 -LIfe Life Insur-Rounding 70285 -0.07 Vendor Subtotal for Section 2:7059 -0.07
Section 2:7059
100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -30.80 100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD-Rounding 70285 0.02 Vendor Subtotal for Section 2:7059 -30.78
Section 2:7059
100-7059-5205-00 Postage Quadient Finance USA INC Postage Meter - May '23 70264 200.00 100-7059-5205-00 Postage Quadient Finance USA INC Postage Meter - Aug '23 70264 1,000.00 100-7059-5205-00 Postage Quadient Finance USA INC Postage Meter - Jun '23 70264 38.67 Vendor Subtotal for Section 2:7059 1,238.67
Section 2:7059
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 18 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount 100-7059-5205-00 Postage U.S. Bank AS-2163 USPS - Postage 70328 28.75 Vendor Subtotal for Section 2:7059 28.75
Section 2:7059
100-7059-5210-00 Service Fees & Charges Frontier California Inc Phone - Late Fee 70242 5.06 Vendor Subtotal for Section 2:7059 5.06
Section 2:7059
100-7059-5210-00 Service Fees & Charges Public Agency Retirement Srvcs PARS Admin Fee - Jun '23 70318 300.00 Vendor Subtotal for Section 2:7059 300.00
Section 2:7059
100-7059-5210-00 Service Fees & Charges Quadient Finance USA INC Late Fee - Aug '23 70264 46.81 100-7059-5210-00 Service Fees & Charges Quadient Finance USA INC Late Fee - Jun '23 70264 42.55 Vendor Subtotal for Section 2:7059 89.36
Section 2:7059
100-7059-5721-00 Telephone Nextel / Sprint Communication Cell Phone - 7/13/23 - 8/12/23 70259 103.23 Vendor Subtotal for Section 2:7059 103.23
Section 2:7059
100-7059-5721-00 Telephone Nextiva, Inc. City Hall Phone Services - 8/18/23 - 9/17/23 70316 3,768.73 Vendor Subtotal for Section 2:7059 3,768.73
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - PDFK17 - Jul '23 70280 80.67 Vendor Subtotal for Section 2:7059 80.67
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - C70 - E2B109326 - 8/20/23 - 9/19/23 70327 783.40 Vendor Subtotal for Section 2:7059 783.40
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 19 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Section 2:7059
100-7059-6160-00 Operating Supplies CR PRINT Business Cards - City Staff 70292 748.98 100-7059-6160-00 Operating Supplies CR PRINT Business Cards and Envelopes 70292 1,467.85 Vendor Subtotal for Section 2:7059 2,216.83
Section 2:7059
100-7059-6160-00 Operating Supplies Custodian Of Petty Cash- Main Petty Cash - Woolsey Fire Baskets 70320 16.39 Vendor Subtotal for Section 2:7059 16.39
Section 2:7059
100-7059-6160-00 Operating Supplies U.S. Bank AS-2163 Amazon - Office Supplies 70328 52.78 100-7059-6160-00 Operating Supplies U.S. Bank IS-4175 NonDepartmental Supplies 70328 857.52 Vendor Subtotal for Section 2:7059 910.30
Subtotal for Section 1: 100 1,319,816.79
Section 1: 101
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe Katy Ballard Ref- Overcharged x2 for OC 23-063 - 21550 Paseo Serra 70288 908.00 Vendor Subtotal for Section 2:0000 908.00
Section 2:0000
101-0000-3419-00 Credit Card Fees Katy Ballard Ref- Credit Card Fees 70288 26.94 Vendor Subtotal for Section 2:0000 26.94
Section 2:2001
101-2001-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -479.43 Vendor Subtotal for Section 2:2001 -479.43
Section 2:2001
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 20 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount 101-2001-5100-00 Professional Services Cotton,Shires & Associates,Inc Planning Svcs - Jul '23 70232 3,422.50 Vendor Subtotal for Section 2:2001 3,422.50
Section 2:2001
101-2001-5100-00 Professional Services Rincon Consultants, Inc Malibu Housing Element Update - Jul '23 70321 16,927.50 Vendor Subtotal for Section 2:2001 16,927.50
Section 2:2001
101-2001-5100-00 Professional Services U.S. Bank CC-2343 Veribook Planning Inspection Jul & Aug '23 7028 66.32 Vendor Subtotal for Section 2:2001 66.32
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6771 Wandermere Rd - APRWF 20-028 7300 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 28908 Wight Rd - DMW 22-013 70301 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5961 Floris Heights Rd - APRWF 21-027 70302 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6154 Via Escondido Dr - APR 22-009 70303 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 29636 Cuthbert Rd - DMW 23-008 70304 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5961 Floris Heights Rd - DMW 22-017 70305 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 28462 Via Acero St - ACDP 22-026 70306 75.00 Vendor Subtotal for Section 2:2001 525.00
Section 2:2001
101-2001-5330-00 Dues & Memberships U.S. Bank PL-5265 Zoom - Aug '23 70328 16.71 Vendor Subtotal for Section 2:2001 16.71
Section 2:2001
101-2001-5401-00 Advertising & Noticing 13 Stars Legal Notice - Coastal Commission 8/24/23 70287 141.52 Vendor Subtotal for Section 2:2001 141.52
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 6734 Zumirez Dr 70292 177.27 101-2001-5401-00 Advertising & Noticing CR PRINT LCPA MMHS CCC Meeting Mailing 70292 818.78 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 23359 PCH 70292 223.88 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 21 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 24250 PCH 70292 246.62 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 70292 385.21 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 70292 587.98 Vendor Subtotal for Section 2:2001 2,439.74
Section 2:2004
101-2004-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -326.42 Vendor Subtotal for Section 2:2004 -326.42
Section 2:2004
101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geotech Reviews - Jul '23 70232 51,122.25 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Coastal Reviews - Jul '23 70232 7,275.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Counter Hours - Geo/Coastal - Jul '23 70232 11,423.75 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc B&S Task - Jul '23 70232 878.75 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Counter Hours - EH - Jul '23 70232 2,490.00 Vendor Subtotal for Section 2:2004 73,189.75
Section 2:2004
101-2004-5100-00 Professional Services Environmental Science Associat Coastal Vulnerability Assessment Consultant - Jul '23 70237 2,172.50 Vendor Subtotal for Section 2:2004 2,172.50
Section 2:2004
101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - Jul '23 70278 43,228.26 101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - In House - Jul '23 70278 2,280.00 Vendor Subtotal for Section 2:2004 45,508.26
Section 2:2004
101-2004-5300-00 Travel and Training Custodian Of Petty Cash- Main Petty Cash - Shen - Reimb CRRA Travel 70320 17.61 Vendor Subtotal for Section 2:2004 17.61
Section 2:2004
101-2004-6160-00 Operating Supplies Custodian Of Petty Cash- Main Petty Cash - Gamble - Reimb Work Clothes 70320 25.86 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 22 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2004 25.86
Section 2:2010
101-2010-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -86.60 Vendor Subtotal for Section 2:2010 -86.60
Section 2:2010
101-2010-5100-00 Professional Services Cotton,Shires & Associates,Inc EH Reviews - Jul '23 70232 28,346.00 Vendor Subtotal for Section 2:2010 28,346.00
Section 2:2010
101-2010-5300-00 Travel and Training U.S. Bank ESD-9405 CRRA Organics Award Acceptance 70328 325.00 Vendor Subtotal for Section 2:2010 325.00
Section 2:2012
101-2012-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -142.96 Vendor Subtotal for Section 2:2012 -142.96
Section 2:3003
101-3003-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -165.19 Vendor Subtotal for Section 2:3003 -165.19
Section 2:3003
101-3003-5100-00 Professional Services Rincon Consultants, Inc On-Call Environmental Svcs - Jul '23 70269 8,707.00 Vendor Subtotal for Section 2:3003 8,707.00
Section 2:3003
101-3003-5300-00 Travel and Training Custodian Of Petty Cash- Main Petty Cash - NET Zero Conference Parking and METRO Fare 70320 30.00 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 23 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3003 30.00
Subtotal for Section 1: 101 181,595.61
Section 1: 102
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Counter Hours - Woolsey Fire - Jul '23 70232 6,596.50 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Geo/Coastal Reviews - Woolsey Fire - Jul '23 70232 31,980.50 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc EH Reviews - Woolsey Fire - Jul '23 70232 11,176.50 Vendor Subtotal for Section 2:3002 49,753.50
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD True North Compliance Services, Inc. Woolsey Fire Rebuild Plan - Jul '23 70278 16,599.86 Vendor Subtotal for Section 2:3002 16,599.86
Subtotal for Section 1: 102 66,353.36
Section 1: 103
Section 2:9050
103-9050-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -28.68 Vendor Subtotal for Section 2:9050 -28.68
Section 2:9050
103-9050-5610-00 Facilities Maintenance Duthie Electrical Services City Hall Generator Service 70294 972.95 Vendor Subtotal for Section 2:9050 972.95
Section 2:9050
103-9050-5610-00 Facilities Maintenance Landscape Development, Inc. City Hall Landscape Maint - Jul '23 70236 1,393.26 Vendor Subtotal for Section 2:9050 1,393.26
Section 2:9050
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 24 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount 103-9050-5610-00 Facilities Maintenance Master Cooling Corporation City Hall HVAC Repair 70257 835.00 103-9050-5610-00 Facilities Maintenance Master Cooling Corporation City Hall Water Valve Repair 70257 525.00 Vendor Subtotal for Section 2:9050 1,360.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Montgomery Hardware Co. IT Office Door - Lock Maint 70313 1,496.78 Vendor Subtotal for Section 2:9050 1,496.78
Section 2:9050
103-9050-5610-00 Facilities Maintenance U.S. Bank AS-7465 Amazon - City Hall Fac Maint 70328 299.62 Vendor Subtotal for Section 2:9050 299.62
Section 2:9050
103-9050-6300-00 Tools & Minor Equipment U.S. Bank AS-7465 Amazon - Multimeter 70328 126.49 Vendor Subtotal for Section 2:9050 126.49
Section 2:9050
103-9050-7300-00 Leasehold Improvements Paul, Joseph Croteau Office Rebuild Drywall - 50% at Start 70293 5,985.00 Vendor Subtotal for Section 2:9050 5,985.00
Subtotal for Section 1: 103 11,605.42
Section 1: 203
Section 2:3009
203-3009-5145-00 Dial A Ride Services Ventura Transit System, Inc. City of Malibu Dial-A-Ride - Jul '23 70279 5,286.00 Vendor Subtotal for Section 2:3009 5,286.00
Subtotal for Section 1: 203 5,286.00
Section 1: 207
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 25 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Section 2:3004
207-3004-5850-00 Recycling supplies U.S. Bank ESD-9405 CRRA Travel Allowance (2) 70328 240.00 Vendor Subtotal for Section 2:3004 240.00
Subtotal for Section 1: 207 240.00
Section 1: 211
Section 2:7021
211-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Brulte - Jul '23 70307 22,667.66 Vendor Subtotal for Section 2:7021 22,667.66
Subtotal for Section 1: 211 22,667.66
Section 1: 215
Section 2:7070
215-7070-5931-01 Labor Exchange Malibu Comm Labor Exchange CDBG Day Labor Exchange - Jul '23 70255 825.00 Vendor Subtotal for Section 2:7070 825.00
Subtotal for Section 1: 215 825.00
Section 1: 500
Section 2:7008
500-7008-5100-00 Professional Services Landscape Development, Inc. Legacy Park Landscape Maint/Liners - Jul '23 70236 17,055.29 Vendor Subtotal for Section 2:7008 17,055.29
Section 2:7008
500-7008-5130-00 Park Maintenance Landscape Development, Inc. Lagacy Park - Irrigation Repairs 70236 162.50 Vendor Subtotal for Section 2:7008 162.50
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 26 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 500 17,217.79
Section 1: 515
Section 2:3010
515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 8/8/23 - 9/7/23 70296 360.57 515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 8/4/23 - 9/3/23 70296 155.46 Vendor Subtotal for Section 2:3010 516.03
Subtotal for Section 1: 515 516.03
Section 1: 601
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash City Vehicles 8/31/23 70314 350.00 Vendor Subtotal for Section 2:3005 350.00
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Custodian Of Petty Cash- Main Petty Cash - Fleet Vehicle Maint 70320 33.05 Vendor Subtotal for Section 2:3005 33.05
Section 2:3005
601-3005-6500-00 Motor Fuels Wright Express FSC Wex Bank Gas Receipts - 7/24/23 - 8/23/23 70291 2,697.62 Vendor Subtotal for Section 2:3005 2,697.62
Section 2:3005
601-3005-6500-00 Motor Fuels Custodian Of Petty Cash- Main Petty Cash - Fleet Vehicle Fuel 70320 5.00 Vendor Subtotal for Section 2:3005 5.00
Section 2:3005
601-3005-6500-00 Motor Fuels U.S. Bank CS-2481 Exxon - Fleet Fuel 70328 356.49 601-3005-6500-00 Motor Fuels U.S. Bank CS-7118 Chevron - Fleet Fuel 70328 49.88 601-3005-6500-00 Motor Fuels U.S. Bank PW-1571 Fleet Fuel 70328 84.91 601-3005-6500-00 Motor Fuels U.S. Bank CS-7433 Chevron/Shell - Fleet Fuel 70328 272.22 601-3005-6500-00 Motor Fuels U.S. Bank PW-9093 Fleet Fuel 70328 333.84 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 27 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount 601-3005-6500-00 Motor Fuels U.S. Bank PW-8679 Fleet Fuel 70328 227.00 Vendor Subtotal for Section 2:3005 1,324.34
Subtotal for Section 1: 601 4,410.01
Section 1: 602
Section 2:7060
602-7060-4209-00 Disability Insurance Standard Insurance Company N2 PR 31.08.2023 STD/LTD 70285 -97.27 Vendor Subtotal for Section 2:7060 -97.27
Section 2:7060
602-7060-6120-00 Computer Software GovConnection Inc Adobe Acrobat Licenses (3) 70244 221.88 Vendor Subtotal for Section 2:7060 221.88
Section 2:7060
602-7060-6120-00 Computer Software Konica Minolta Business Solutions USA IncInstallation of NextGen PAV Milestone 1 70250 2,500.00 602-7060-6120-00 Computer Software Konica Minolta Business Solutions USA IncInstallation of NextGen PAV Milestone 2 70250 5,000.00 Vendor Subtotal for Section 2:7060 7,500.00
Section 2:7060
602-7060-6120-00 Computer Software Productive Corporation ArcServe - Yearly Renewal 70263 3,204.78 Vendor Subtotal for Section 2:7060 3,204.78
Section 2:7060
602-7060-6120-00 Computer Software U.S. Bank IS-4175 Computer Software 70328 8,408.52 602-7060-6120-00 Computer Software U.S. Bank IS-5921 Computer Software 70328 831.17 Vendor Subtotal for Section 2:7060 9,239.69
Section 2:7060
602-7060-6160-00 Operating Supplies U.S. Bank IS-5921 Amazon - Supplies 70328 129.69 Vendor Subtotal for Section 2:7060 129.69
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 28 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Section 2:7060
602-7060-7400-00 Computer Equipment GovConnection Inc Hard Drives for New Server (4) 70244 1,480.69 Vendor Subtotal for Section 2:7060 1,480.69
Section 2:7060
602-7060-7400-00 Computer Equipment U.S. Bank IS-5921 Computer Equipment 70328 4,757.66 602-7060-7400-00 Computer Equipment U.S. Bank IS-4175 Computer Equipment 70328 9,292.04 Vendor Subtotal for Section 2:7060 14,049.70
Subtotal for Section 1: 602 35,729.16
Section 1: 710
Section 2:0000
710-0000-2270-44 Library Event Malibu Foundation for Youth & Families Boys & Girls Club Malibu - Library Set Aside Funds Grant 70229 50,000.00 Vendor Subtotal for Section 2:0000 50,000.00
Section 2:0000
710-0000-2270-44 Library Event Malibu Elementary School Malibu Elem - Library Set Aside Funds Grant 70256 17,000.00 Vendor Subtotal for Section 2:0000 17,000.00
Section 2:0000
710-0000-2270-44 Library Event U.S. Bank CS-7084 MLSS - A. Joy Ericsson 70328 109.86 Vendor Subtotal for Section 2:0000 109.86
Section 2:0000
710-0000-2270-56 Wireless Community Facility Richard Comi Review of WRP 23-005 6302.5 Latigo Cyn Rd Jul '23 70230 300.00 710-0000-2270-56 Wireless Community Facility Richard Comi Final Review of WP 22-005 28990.5 PCH Jul '23 70230 1,742.05 710-0000-2270-56 Wireless Community Facility Richard Comi Final Review of WP 21-003 22761 PCH Jul '23 70230 1,737.94 Vendor Subtotal for Section 2:0000 3,779.99
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 29 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 710 70,889.85
Section 1: 900
Section 2:0000
900-0000-2025-00 Life Insurance Standard Insurance Company N2 PR Batch 70017.08.2023 Life Insurance 70285 1,223.07 Vendor Subtotal for Section 2:0000 1,223.07
Section 2:0000
900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70031.08.2023 STD/LTD 70285 3,358.81 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70003.08.2023 STD/LTD 70285 3,411.93 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70017.08.2023 STD/LTD 70285 3,507.06 Vendor Subtotal for Section 2:0000 10,277.80
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70031.08.2023 PARS - ER Share 70286 243.64 900-0000-2041-00 PARS U.S. Bank PR Batch 70031.08.2023 PARS - EE Share 70286 1,161.90 Vendor Subtotal for Section 2:0000 1,405.54
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70031.08.2023 ICMA Def Comp - % of Salary 70282 1,383.82 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70031.08.2023 ER Contribution to ICMA 70282 3,100.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70031.08.2023 ICMA Def Comp - Flat Amount 70282 11,905.39 Vendor Subtotal for Section 2:0000 16,389.21
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70031.08.2023 ICMA Loan Program 70282 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 70031.08.2023 ICMA - City Manager 70283 600.00 AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 30 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 600.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70031.08.2023 Income Withholding Order-Calif 70281 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 31,261.14
Report Total: 1,768,413.82
AP-Transactions by Account (09/13/2023 - 9:48 AM) Page 31 DocuSign Envelope ID: 7E6B3723-4358-447D-AD6C-70423AE7E87D

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Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: September 13, 2023 Meeting date: September 25, 2023 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the November 14, 2022 Malibu City Council Regular meeting, November 28 2022 Malibu City Council Regular meeting, December 12, 2022 Malibu City Council Regular meeting.

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

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

DISCUSSION: Staff has prepared draft minutes for the Council meetings of November 14, 2022, November 28, 2022, and December 12, 2022.

ATTACHMENTS:
1) November 14, 2022 Regular meeting
2) November 28, 2022 Regular meeting
3) December 12, 2022 Special meeting
City Council Meeting
09-25-23
Item

3.B.3.

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
NOVEMBER 14, 2022

TELECONFERENCED - VARIOUS LOCATIONS
6:30 P.M.

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

MEETING CALL TO ORDER
Mayor Grisanti called the meeting to order at 6:31 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; Christine Wood, Deputy City Attorney; Elizabeth Shavelson, Deputy City Manager; Kristin Riesgo, Community Services Deputy Director; and T’Ana Christiansen, Deputy City Clerk

PLEDGE OF ALLEGIANCE
Mayor Grisanti led the Pledge of Allegiance.

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

FRIENDLY AMENDMENT
Councilmember Farrer moved to adjourn the meeting in memory of Eileen Ryan, Bret Barish, Andrea Bullo, and Marco Bullo.

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 November 4, 2022.

Attachment #1
Malibu City Council
Minutes of November 14, 2022

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ITEM 1 CEREMONIAL/PRESENTATIONS
A. Proclamation Declaring November 13-20 as United Against Hate Week Mayor Grisanti presented the proclamation to Fabiana Cardenas.

Fabiana Cardenas, LA vs Hate program representative, thanked the Council for the proclamation and commented on the Los Angeles County Commission on Human Relations LA vs Hate program’s mission.

B. Proclamation Declaring November 2022 as Family Court Awareness Month Mayor Grisanti presented the proclamation to Sandy Rodd.

Sandy Ross, Family Court Awareness Month representative and child safety advocate, thanked the Council for their recognition and commented on the importance of mandated training for those who made decisions on child custody and visitation matters.

ITEM 2.A. PUBLIC COMMENTS
Lonnie Gordon discussed a warning notice that was on the back of her Southern California Edison (SCE) bill that detailed the harmful chemicals used on wooden power poles and the dangers of diesel fuel used for backup generators and the generation of electricity.

Kraig Hill discussed local traffic delays due to a water main leak near Moonshadows restaurant. He stated that the Mountains Recreation and Conservation Authority (MRCA) had not posted the required warning signage at the beach referred to as Maritime Rocks which was the site of drowning deaths. He stated that of the approximately 40 double-unit houses west of Moonshadows restaurant, four were owned by co-ownership company Pacaso and their ownership in the area was expected to increase to 20 percent of the houses within one year.

Deborah Frankel thanked public speaker Ms. Ross for the information provided regarding training for family court judges. She cautioned against hastily sending a letter of support for the MRCA’s purchase of the three properties known as the Edge properties, as California State Parks historically had a better track record of land management.

Marianne Riggins inquired if the MRCA had submitted a coastal development permit (CDP) application with the City for their proposed development at Bluffs Park and if they had applied for the appropriate permit for their proposed project outside of the City limits in Ramirez Canyon.

Jonathan Kaye was not present at the time of the hearing.

Malibu City Council
Minutes of November 14, 2022

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ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary reported that he attended a meeting of the Pacific Coast Highway (PCH) Task Force on traffic and pedestrian safety. He reported that he met with Caltrans on upcoming projects which included work on the Trancas bridge, phase one of which was expected to conclude by the end of December 2022, and the Las Flores intersection improvements, expected to commence late spring or early summer 2023 and last six months. He stated that he toured the Santa Monica College (SMC) Malibu campus and an invitation to the City Council for a more formal tour would be forthcoming. He provided an update on the County’s COVID-19 statistics, and reported there were 950 average daily cases, the County remained at the low transmission level, there were preparations for a winter surge, and that the Omicron BA.7 subvariant increased. He reported that the 2022 flu season began in October which was the earliest it had in five years and that respiratory syncytial virus was of increased concern. He stated that a fractional home ownership item would be on a January 2023 City Council meeting agenda.

He stated that the City sent a letter of concern to the Los Angeles County Board of Supervisors regarding their decision to move forward with their camping proposal in environmentally sensitive habitat areas (ESHA) and requested implementation be delayed until the new Third District Supervisor was seated. He announced that there was a red flag warning scheduled for Wednesday, November 16, 2022, 7:00 a.m. through 7:00 p.m., for the Santa Monica mountains and the Los Angeles County coast, and a high wind warning 7:00 p.m. on Tuesday, November 15, 2022, through Wednesday, November 16, 2022, with winds estimated at 75 miles per hour and humidity below 15 percent. He stated he planned to attend the November 15, 2022 Las Virgenes-Malibu Council of Governments (COG) meeting. In response to Mayor Pro Tem Silverstein, he stated that he had was not aware of any planned SCE safety power shutoffs in response to the red flag and wind warnings.

Deputy City Attorney Wood presented a report and provided an overview of the term sheet that the City entered with the Santa Monica-Malibu Unified School District (SMMUSD). She discussed the timeline and history of action taken from 2015 to 2022. In response to Mayor Pro Tem Silverstein, she stated that the terms used were the conceptual framework for the school district separation agreement.

Lieutenant Dustin Carr, Los Angeles County Sheriff’s Department, stated that increased patrols were planned in response to the potential red flag warning. He reported that the electronic ticket writing machines were used and worked well for the issuance of citations to illegally parked oversized vehicles on PCH. He reported that traffic collisions were on par for the month of October and were no fatalities in October, however there was a fatal accident that day and details would be forthcoming. He cautioned the community to drive carefully and watch for pedestrians, bicyclists, and motorcyclists. He reported that crime had declined except for residential and vehicular burglaries.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Malibu City Council
Minutes of November 14, 2022

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Councilmember Farrer thanked the public speakers. She inquired whether the MRCA submitted applications for their Bluffs Park and Ramirez Canyon camping projects. She commented on the traffic fatality at Kanan Dume Road that day and suggested safety precautions down the long grade such as the arrester bed be made more evident. She acknowledged the four-year anniversary of the Woolsey Fire and other challenges the community experienced such as the COVID-19 pandemic. She commented on the election and wished the next two councilmembers well and commended everyone who ran a campaign. She thanked newly elected SMMUSD Board of Education member Stacy Rouse in advance for her service. She implored everyone to stay alert during the red flag and high wind warnings. She thanked Assistant City Attorney Wood for the informative report and acknowledged that while there was not a contract or a defined agreement, there was a framework and a timeline. She stated that she attended the Malibu Half-Marathon and 5K event on November 5 and 6, 2022 and it was a huge success. She announced that the November 15, 2022 COG meeting would be her last as the organization’s president and that the County’s homeless grant funds item was of great interest to the community.

Interim City Attorney Rusin stated that the MRCA projects were not subject to the City’s CDP process, but required approval from the California Coastal Commission (CCC).

Councilmember Uhring commented on the unpermitted car show that occurred October 13, 2022 at Zuma Beach and stated that there were mixed messages from the City as they authorized a car show at Bluffs Park. He stated he attended the Administration and Finance Subcommittee meeting the prior week and the allocation of funds for contract planners to reduce the backlog of projects in the Planning Department was discussed. He stated that he attended the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) meeting where serial temporary use permits (TUP) were discussed. He stated that approval for the events was contingent on their compliance with the Dark Sky and the rodenticide ordinances. He stated that he looked forward to the fractional ownership discussion item.

Councilmember Pierson stated he received his SCE bill online and had not noticed the information on toxins and wondered how that aligned with the City’s poisonfree codes. He stated that he had a conversation with the marketing agency for Pacaso, and it was indicated to him that they planned a maximum of five houses in Malibu and he wondered if that was accurate. He thanked Ms. Frankel for her comments. He thanked Ms. Riggins for her comments and expressed concern that City approval for the MRCA projects was not required. He stated that, as part of the arson watch, there would be 100 additional people for assistance during the high wind event. He stated that the panel camera mounted on Castro Peak was very responsive and detected the fire caused by the car crash on Kanan Dume Road quickly and sent an alert to his phone. He thanked everyone who participated in the election. He stated that the Malibu Half Marathon was a well-run event. He stated that the Veterans Day event at the Malibu Jewish Center not only honored veterans Malibu City Council
Minutes of November 14, 2022

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_________________________
but had performances, handmade cards at every seat, and multigenerational participation from the community. He stated that he attended the Administration and Finance Subcommittee meeting and the ZORACES meeting. He thanked Assistant City Attorney Wood for her report the community for their contributions in the progress made.

Mayor Pro Tem Silverstein thanked the public speakers for their comments. He stated that Ms. Gordon brought the matter of the toxic substance notification on the back of her SCE bill to his attention, and he had suggested the information be shared at the City Council meeting. He stated that he worked with attorney Scott McCollough on corrections to the City’s wireless ordinance. He stated that the matter of the shared ownership company Pacaso and short-term rentals should be brought under control, as he had read that there could be expansion to the utilization of accessory dwelling units (ADU) that would be highly impactful to the Malibu community. He stated that applications for local non-profit organizations that held events open to the public free of charge should have a streamlined permit process.

He stated that he attended the Veterans Day event at the Malibu Jewish Center. He stated that he received an invitation from a member of the Aberdeen, Washington City Council to provide an address on homelessness issues in December. He stated that it was important that the public understood the SMMUSD term sheet was a complicated legal document. He stated that he supported everything that the committee recommended.

Mayor Grisanti stated that he presented a public service tile to long-time Agoura Hills Mayor Denis Weber. He stated that he attended an arson watch radio training program at the Lost Hills Sheriff’s station. He stated that he attended a reception held by Malibu resident Dr. Amarjit Singh Marwah, who, among his many community contributions, hosted an annual party for Fulbright Scholars for the past 30 years. He stated that he attended a breakfast held on election day and was seated with the staff aids for California State Senators Ben Allen and Henry Stern and both were aware of the term sheet and interested in involvement with the necessary legislation. He stated that he attended the Veterans Day event at the Malibu Jewish Center and he, Mayor Pro Tem Silverstein, and Councilmembers Farrer and Pierson each presented one of the four proclamations and it made a nice appearance for the attendees.

Planning Director Mollica addressed inquiries from the public regarding the MRCA’s activities. He discussed the approval process for a Public Works Plan. He stated that the CCC was supposed to conduct their reviews in consultation with the City for consistency to be ensured. He stated the City’s comment letter submission to the CCC for the Notice of Preparation would be discussed at the next City Council meeting. He stated that he wanted the public to be made aware there would be no public hearing at the local level and that approval would be sought directly from the CCC.

Malibu City Council
Minutes of November 14, 2022

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Interim City Attorney Rusin stated the MRCA’s plan had to conform to the City’s Local Coastal Plan for approval by the CCC and that it would be examined closely by the City to ensure it complied with the Coastal Act.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.4, 3.B.5, 3.B.6, and 3.B.9 were pulled by the public.

MOTION Councilmember Pierson moved, and Councilmember Farrer seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.4, 3.B.5, 3.B.6, and 3.B.9.

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 67657-67539 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. 713 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $4,366,286.53. City of Malibu payroll check number 5269-5275 and ACH deposits were issued in the amount of $258,781.30.

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

7. Acceptance of Michael Landon Center HVAC Unit Replacement Recommended Action: 1) Accept the work performed by AC Pros Inc. for the Michael Landon Center HVAC Unit Replacement Project, Specification No. 2095 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

8. Amendment to the Professional Services Agreement with Quinto Consulting, LP for City Treasurer Services
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Quinto Consulting, LP for City Treasurer services.

10. Resolution Extending the Declaration of the Existence of a Local Emergency and Continuing a Program for Reducing the Risk of Fires Associated with Individuals Living Unhoused and Otherwise Engaged in Unpermitted and Unregulated Camping
Recommended Action: Adopt Resolution No. 22-45 extending the declaration of the existence of a local emergency and continuing a program Malibu City Council
Minutes of November 14, 2022

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_________________________
for reducing the risk of fires associated with individuals living unhoused and otherwise engaged in unpermitted and unregulated camping.

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

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.

Mayor Grisanti opened the floor to public comment.

Speakers: Norm Haynie, Doug Stewart, Marianne Riggins, and Bill Sampson
As there were no other speakers present, Mayor Grisanti returned the matter to the table for discussion.

The Council discussed the item.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Pierson seconded a motion to reaffirm Resolution No. 22-25, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361. The question was called, and the motion carried unanimously.

5. Report on the Use of the Temporary Day-Use Impound Yard Recommended Action: Receive and file a report on the use of the Temporary Day-Use Impound Yard.

Mayor Grisanti opened the floor to public comment.

Speaker: Jo Drummond
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.

The Council received and filed the report on the use of the Temporary DayUse Impound Yard.

6. Rejection of Bids for the PCH Median Improvements Project Recommended Action: Reject all bids received for the PCH Median Improvements Project, Specification 2049 and direct staff to develop design alternatives to lower construction costs.

Malibu City Council
Minutes of November 14, 2022

Page 8 of 13 ends

_________________________
Public Works Director DuBoux presented the staff report.

Mayor Grisanti opened the floor to public comment.

Sofia Hernandez was not present at time of hearing.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Pierson moved, and Councilmember Farrer seconded a motion to reject all bids received for the PCH Median Improvements Project, Specification 2049 and direct staff to develop design alternatives to lower construction costs. The question was called, and the motion carried unanimously.

9. Jake Kuredjian Citizenship Award
Recommended Action: At the recommendation of the Parks and Recreation Commission, approve the nomination of Richard Lawson and Judy Villablanca as the recipients of the 2022 Jake Kuredjian Citizenship Award.

Mayor Grisanti opened the floor to public comment.

Jonathan Kaye was not present at time of hearing.

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

The Council discussed the item.

MOTION Councilmember Uhring moved, and Mayor Pro Tem Silverstein seconded a motion to approve the nomination of Richard Lawson and Judy Villablanca as the recipients of the 2022 Jake Kuredjian Citizenship Award.

The question was called, and the motion carried unanimously.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Appeal No. 21-011 - Appeal of Planning Commission Resolution No. 21-53 (23325 Malibu Colony Drive; Owner, Axel 23324, LLC; Appellant, Judith Israel) (Continued from October 24, 2022)
Recommended Action: Continue this item to the November 28, 2022 Regular City Council meeting.

This item was continued to the November 28, 2022 Regular City Council meeting upon approval of the agenda.

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ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
A. Malibu Library Set Aside Funds for Fiscal Year 2023-2024 (Continued from October 24, 2022)
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.

Deputy City Manager Shavelson presented the staff report.

The Council directed questions to staff.

Mayor Grisanti opened the floor to public comment.

Speakers: Jo Drummond and Ryan Embree
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 Gladstone Bucknor.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Farrer seconded a motion to 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 Council discussed the motion.

The question was called, and the motion carried unanimously.

B. Agreement with Super League Triathlon
Recommended Action: Consider authorizing the City Manager to execute a fiveyear Agreement with Super League Triathlon Inc. to host the Malibu Triathlon through September 2027; or Appoint an Ad-hoc committee consisting of no more than two council members and staff to review the City’s Road Race Policy and the proposed agreement and return to City Council with a recommendation.

Community Services Deputy Director Riesgo presented the staff report.

Mayor Grisanti opened the floor for public comment.

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Speakers: Michael Sandler, Brennan Lindner, Deb Carabet, Bill Sampson, Jim Garfield, Michael Dhulst, and Jo Drummond
As there were no other speakers present, Mayor Grisanti returned the matter to the table for discussion.

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

MOTION Councilmember Farrer moved, and Mayor Pro Tem Silverstein seconded a motion to direct staff to bring back an item in January 2023 to form and appoint members to an Ad Hoc Committee to review the City’s Road Race Policy and the proposed Super League Triathlon agreement and return to the City Council with a recommendation.

FRIENDLY AMENDMENT
Councilmember Uhring moved to amend the motion to direct staff to request five years of financial data from Super League Triathlon to be reviewed by the Ad Hoc Committee.

The Council discussed the amendment.

The amendment was accepted by the maker and the seconder of the motion.

The Council discussed the amended motion.

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

RECESS At 9:14 p.m., Mayor Grisanti recessed the meeting. The meeting resumed at 9:25 p.m. with all Councilmembers present.

C. Letter of Support for Mountains Recreation and Conservation Authority Property Acquisition
Recommended Action: Consider directing the Mayor to send a letter to the City’s current and incoming State representatives and the California Wildlife Conservation Board in support of the Mountains Recreation and Conservation Authority acquiring properties currently available in three locations throughout Malibu and the adjacent Los Angeles County unincorporated area for the purpose of conservation.

City Manager McClary presented the staff report.

The Council directed questions to staff.

Mayor Grisanti opened the floor for public comment.

Speakers: Jeff Follert, Debbie Weiss, Robert Weingarten, M. Devin Semler, E.

Barry Haldeman, Jo Anne Van Tilburg, Jo Drummond, Howard Rudzki, Doug Malibu City Council
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Stewart, Dee Menzies, Marissa Coughlan, Patt Healy, Marianne Riggins, Gary Hoffman, Marc Kessler, and John Gray
Marni Kamins, Jeremy Fink, Jonathan Kaye, Terri Davis, and Bill Sampson were not present at time of hearing.

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

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Farrer seconded a motion to: 1) defer any action on the item; 2) delegate the development of an action plan to the Parks and Recreation Commission workplan; and 3) allow input from members of the public.

The Council directed questions to staff.

The motion was withdrawn by the maker of the motion.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Uhring seconded a motion to direct staff to bring back an item to the January 9, 2023, Regular City Council meeting to consider options, including requesting a recommendation from the Parks and Recreation Commission or forming a new Ad Hoc committee of the City Council, to address the potential sale of the Edge properties known as Sweetwater Mesa – Carbon Canyon Connector, Latigo Canyon – Pacific Coast Highway Connector, and Latigo – Solstice Canyons Connector. The question was called, and the motion carried unanimously.

D. Advocates for Malibu Public Schools Fee Waiver
Recommended Action: Consider whether to approve the request from the Advocates for Malibu Public Schools to waive facility use fees and staffing costs for a retirement celebration of Santa Monica-Malibu Unified School District Board Member Craig Foster at Malibu City Hall.

Community Services Deputy Director Riesgo presented the staff report.

Mayor Grisanti opened the floor for public comment.

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

The Council discussed the item.

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MOTION Councilmember Uhring moved, and Mayor Pro Tem Silverstein seconded a motion to approve the request from the Advocates for Malibu Public Schools to waive facility use fees and staffing costs for a retirement celebration of Santa MonicaMalibu Unified School District Board Member Craig Foster at Malibu City Hall.

The question was called, and the motion carried unanimously.

E. Community Christmas Tree Lot Fee Waiver
Recommended Action: Consider whether to approve the request from the Malibu High School Athletic Booster Club to waive the facility use and staffing fees for the Ioki Property for the Annual Community Christmas Tree Lot Community Services Deputy Director Riesgo presented the staff report.

The Council directed questions to staff.

Mayor Grisanti opened the floor for public comment.

Speakers: Howard Rudzki, Marianne Riggins, Melissa Shananhan, and Jo Drummond
As there were no other speakers present, Mayor Grisanti returned the matter to the table for discussion.

MOTION Councilmember Farrer moved, and Mayor Pro Tem Silverstein seconded a motion to approve the request from the Malibu High School Athletic Booster Club to waive the facility use and staffing fees for the Ioki Property up to $16,000 for the Annual Community Christmas Tree Lot.

FRIENDLY AMENDMENT
Mayor Pro Tem Silverstein moved to modify the amount not to exceed $20,000.

The amendment was accepted by the maker of the motion.

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

ITEM 7 COUNCIL ITEMS
A. Proposed 2023 Calendar of City Council Meetings
Recommended Action: Approve the proposed 2023 Calendar of City Council meetings.

City Clerk Pettijohn and City Manager McClary presented the staff report.

The Council directed questions to staff.

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MOTION Mayor Pro Tem Silverstein moved, and Councilmember Uhring seconded a motion to approve the proposed 2023 Calendar of City Council meetings. The question was called, and the motion carried unanimously.

ADJOURNMENT
At 10:33 p.m., Mayor Grisanti adjourned the meeting in memory of Eileen Ryan, Bret Barish, Andrea Bullo, and Marco Bullo.

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
NOVEMBER 28, 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 6:30 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
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, Deputy Community Services Director; and Joyce Parker-Bozylinski, Contract Planner

PLEDGE OF ALLEGIANCE
Mayor Grisanti led the Pledge of Allegiance.

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

FRIENDLY AMENDMENT
Councilmember Uhring moved to hear Item Nos. 4.A. and 4.C. concurrently.

The amendment was accepted by the maker and the seconder of the motion.

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 November 18, 2022, with the amended agenda posted on November 23, 2022.

Attachment #2
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ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of Commendation to Barbara Bruderlin
Mayor Grisanti presented the commendation to Barbara Bruderlin for her work with the Malibu Chamber of Commerce.

Ms. Bruderlin thanked the Council for their recognition and the business community for their efforts.

B. Presentation of Commendation to Chris Frost
Mayor Grisanti presented the commendation to Public Safety Commissioner Chris Frost.

Mr. Frost thanked the Council for their recognition and the cooperation of public safety organizations, the community, and City staff.

C. Presentation of 2022 Jake Kuredjian Citizenship Award Mayor Grisanti introduced Parks and Recreation Commission Chair Dane Skophammer who presented the 2022 Jake Kuredjian Citizenship Award to Richard Lawson and Judy Villablanca.

Mr. Lawson thanked the Council for the honor and spoke about community service programs.

Ms. Villablanca thanked the Council for the award and commented on her work in the community.

D. Zonehaven Evacuation Zone Map Tool
Los Angeles County Fire Department Assistant Fire Chief Drew Smith and Community Services Liaison Megan Currier presented the report on the Zonehaven Evacuation Zone Map Tool.

ITEM 2.A. PUBLIC COMMENTS
Taylor Megdal discussed the Bluffs Park camping and bathroom installation location. He voiced his disapproval on the plan based on concerns about security, safety, cleanliness, and community good will and that it was the wrong idea at the wrong time. Mayor Grisanti stated that the comments seemed to be on the topic that would be discussed under Item No. 6.B.

Elliot Megdal stated he intended to speak during public comment for Item No. 6.B.

Kraig Hill stated that he remembered three fatal collisions at the bottom of Kanan Malibu City Council
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Dume Road. He suggested placement of crash barrels across the highway, against the embankment for safety improvement. He stated that several companies sent out mailers which advertised landscape lighting installation that was prohibited by the Dark Sky ordinance. He suggested the companies be informed by City staff that installation of the lighting could result in a fine. He stated that he recently ordered a coffee at an establishment on Abbot Kinney Boulevard in Los Angeles where they had a no-cash policy. He stated that in his research, more companies were moving toward cash-free policies and expressed concern that it was discriminatory against bank-less individuals. He suggested that the City Council consider a declarative ordinance which affirmed that cash must be accepted at retail establishments.

Ryan Embree recommended the City issue a request for proposals for a part-time professional grant writer so that deadlines for grants were not missed due to staff shortages.

Ryan Drexler discussed safety issues on the beach, specifically people who lived on the beach under his home while it had undergone construction. He stated that there was a lack of law enforcement overnight and that deterrent efforts were ineffective. He stated that he was seriously concerned for the safety of Malibu Road residents walking along the road or on the beach.

Howard stated that he lived adjacent to a public accessway gate which was locked at night and that he checked at night to make sure it was locked and had installed motion-controlled lighting. He stated that enforcement was misfocused on minor parking violations along Webb Way that did not impact public safety as much as patrols of the beach and accessways.

Blake Megdal stated that he agreed that safety on Malibu Road and the beach at night was of concern and solutions needed to be found.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Scott Dittrich, Public Works Commissioner, congratulated Mr. Frost on his commendation. He stated that the Homelessness Task Force, Public Safety Commission, and the Public Works Commission had discussed safety issues referenced by the public speakers. He stated that the legislation implemented that prohibited camping in high fire zones was largely effective, but the problem had shifted to unhoused persons who slept in recreational vehicles and cars and it seemed there was a lack of enforcement by the Sheriff’s Department.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
City Manager McClary reported there was the full-time presence of a State Parks ranger Charmlee Wilderness Park for added security. He reported that the City submitted a letter of opposition to the Los Angeles County Board of Supervisors (BOS) on their plan to house youth offenders convicted of violent crime at Campus Kilpatrick. He stated that the City continued their opposition to the Mountains Malibu City Council
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Recreation and Conservation Authority’s plan to facilitate camping in environmentally sensitive habitat areas. He stated that the BOS voted for approval of the plan and the project would be considered by the California Coastal Commission. He stated that an update on COVID-19 was expected from the County the following day, but significant changes were not anticipated. He stated that he attended the Las Virgenes-Malibu Council of Governments (COG) meeting a few weeks prior and that $86,000 in innovation grant funds were approved for three beds for overnight shelter of unhoused individuals. He reported there were no public safety power shutoffs during the holiday break. He stated that the Emergency Operations Center (EOC) preparations were made during the high wind warning period, but activation and staff were not necessary. He announced that the new members of the City Council would be seated and a new Mayor and Mayor Pro Tem elected at the next Council meeting on December 12, 2022.

Lieutenant Dustin Carr stated that illegal overnight parking was strictly enforced along Pacific Coast Highway (PCH) and citations were issued but it took time for citations to deter illegal parking. He provided an update on the fatal traffic collision that took place on Kanan Dume Drive recently. He stated that the illegal overnight parking situation at Bluffs Park was resolved but additional patrol checks would continue. He stated that in response to reports that persons were drinking alcoholic beverages in Legacy Park, one arrest was made on the prior Saturday. He stated that additional enforcement would continue for the park to be kept clean and safe for the public. He reminded the public that homes and vehicles should be kept locked and security measures taken to safeguard their valuables. In response to Mayor Grisanti, he stated that he had not heard of a collision at Cross Creek Road and PCH which involved a motorcyclist who was not wearing a helmet, but he would research the matter.

Councilmember Farrer, in response to Mr. Hill, stated that she had no doubt there was an economic disparity to the practice of cash not being accepted, but added that she recently visited a National Park and was told they would not accept cash due to robberies, and that establishments may not accept cash for the protection of their staff. She stated that the evening’s Council meeting was her last voting meeting and she wished everyone well. She thanked City staff for activating the EOC during the red flag warning and thanked everyone involved that kept the community prepared and safe. She stated she attended the COG meeting on November 15, 2022, which was her last where she presided as President. She confirmed City Manager McClary’s report that there would be three interim shelter beds located in Santa Monica available for Malibu’s unhoused residents’ use, funded by the County’s Measure H. She stated that she attended her last Los Angeles County Library Commission meeting on November 16, 2022.

Councilmember Uhring stated he had an enjoyable Thanksgiving holiday and was grateful there were no major incidents that would have detracted from his gathering.

He announced the Twelve Days of Christmas event held at Adamson House and encouraged the community to participate in a tour.

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Councilmember Pierson discussed extreme winds and weather damage over the Thanksgiving holiday weekend. He stated that wondered if there were improvements made to the Cuthbert Circuit that prevented an emergency power shutoff. He thanked Councilmember Farrer for her service on the COG and Mayor Grisanti for his participation in the arson watch. He thanked the public speakers for their comments. In response to public comment, he discussed public safety and enforcement constraints. He encouraged residents to send email comments regarding their concerns so that the messages could be forwarded to the appropriate person. In response to public speaker Mr. Hill, he stated that the recent collision on Kanan Dume Road was atypical and found his suggestion of barriers across the road interesting. He commented on the no-cash policy of some establishments and stated he was glad it was brought up.

Mayor Pro Tem Silverstein commented on the fatality traffic collision on Kanan Dume Drive and confirmed that it had not involved the arrester bed.

In response to Mayor Pro Tem Silverstein, Public Works Director DuBoux stated that since the striping improvements were completed, incidences of cars inadvertently entering the arrester bed had decreased significantly. He stated that they were in the process of contacting the mapping and global positioning system (GPS) programs because they directed people to turn sooner than they should and caused them to inadvertently enter the arrester bed.

Mayor Pro Tem Silverstein, in response to public comment on safety, stated that while the unhoused issues had decreased, the City’s carefully drafted camping prohibition ordinance, did not seem to be understood or enforced by the Sheriff’s Department. He stated that the ordinance needed enforcement. He stated that he enjoyed the holiday, appreciated the great life in Malibu, and acknowledged that the problems that were here were nothing compared to what some people elsewhere contended with.

Mayor Grisanti stated that he spent a weekend on arson watch. He stated that he had an enjoyable Thanksgiving holiday with family. He stated that he looked forward to the swearing in of Los Angeles County Sheriff Robert Luna and stated that he hoped that Malibu would have even more improved relationships with the new Supervisors and Sheriff that they already had.

ITEM 3 CONSENT CALENDAR
Item No. 3.B.4. was pulled by the public and Item Nos. 3.B.6. and 3.B.8. were pulled by the Council.

MOTION Councilmember Pierson moved, and Councilmember Farrer seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.4., 3.B.6., and 3.B.8. The question was called, and the motion carried unanimously.

The Consent Calendar consisted of the following items:

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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 67540-67662 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. 714 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $767,193.08. City of Malibu payroll check number 5276-5282 and ACH deposits were issued in the amount of $269,259.98.

3. Approval of Minutes
Recommended Action: Approve the minutes for the January 13, 2022 Malibu City Council Special meeting.

5. Update on Securing Beds for People Experiencing Homelessness Recommended Action: Receive and file an update on securing beds for people experiencing homelessness at an existing facility outside of the City.

7. Professional Services Agreement with Solid Waste Solutions, Inc., for Film Permit Services
Recommended Action: Authorize the Mayor to execute a professional services agreement with Solid Waste Solutions, Inc. for Film Permit Services.

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

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.

Mayor Grisanti opened the floor to public comment.

Speakers: Norman Haynie and Don Schmitz
As there were no other speakers present, Mayor Grisanti returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Pierson moved, and Mayor Pro Tem Silverstein seconded a motion to reaffirm Resolution No. 22-25, re-authorizing remote teleconferencing/virtual meetings, pursuant to AB 361.

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The Council discussed the motion.

The question was called, and the motion carried unanimously.

6. Comprehensive Development Services Review Consultant Agreement Recommended Action: 1) Authorize the Mayor to execute the Professional Services Agreement with Baker Tilly US, LLP for Comprehensive Development Services Review; and 2) Appropriate $80,850 from the General Fund Undesignated Reserve to Account Number 100-7003-5100- 00 (City Manager - Professional Services).

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

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Uhring seconded a motion to continue the item to a date uncertain.

FRIENDLY AMENDMENT
Councilmember Uhring moved to request regularly occurring meetings with an Ad Hoc committee.

The amendment was accepted by the maker of the motion.

The Council discussed the amended motion and directed questions to staff and Jay Trevino.

The question was called, and the amended motion failed, 2-3, with Councilmembers Farrer and Pierson and Mayor Grisanti opposed.

MOTION Mayor Grisanti moved, and Councilmember Pierson seconded a motion to:
1) authorize the Mayor to execute the Professional Services Agreement with Baker Tilly US, LLP for Comprehensive Development Services Review; and 2) appropriate $80,850 from the General Fund Undesignated Reserve to Account Number 100-7003-5100-00 (City Manager - Professional Services). The question was called, and the motion carried 3-2, with Councilmember Uhring and Mayor Pro Tem Silverstein opposed.

8. Professional Services Agreements for Contract Planning Services Recommended Action: 1) Appropriate $900,000 from the General Fund Undesignated Reserve to Account Number 101-2001-5100.00 (Planning Department - Professional Services); 2) Appropriate $50,000 from the General Fund Undesignated Reserve to Account Number 102-3002- 5100.02 (Fire Rebuilds-Planning); 3) Authorize the Mayor to execute a twoyear professional services agreement with Capstone City Planning for contract planning services; 4) Authorize the Mayor to execute a two-year Malibu City Council
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professional services agreement with CSG, Consultants, Inc. for contract planning services; 5) Authorize the Mayor to execute the Professional Services Agreement Amendment No. 2 to the Professional Services Agreement with California Coastal Works for contract planning services; and 6) Authorize the Mayor to execute the Professional Services Agreement Amendment No. 1 to Professional Services Agreement with Rincon Consultants, Inc.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Uhring moved, and Mayor Pro Tem Silverstein seconded a motion to 1) appropriate $900,000 from the General Fund Undesignated Reserve to Account Number 101-2001-5100.00 (Planning Department - Professional Services); 2) appropriate $50,000 from the General Fund Undesignated Reserve to Account Number 102-3002-5100.02 (Fire Rebuilds-Planning); 3) authorize the Mayor to execute a two-year professional services agreement with Capstone City Planning for contract planning services; 4) authorize the Mayor to execute a two-year professional services agreement with CSG, Consultants, Inc. for contract planning services; 5) authorize the Mayor to execute the Professional Services Agreement Amendment No. 2 to the Professional Services Agreement with California Coastal Works for contract planning services; 6) authorize the Mayor to execute the Professional Services Agreement Amendment No. 1 to Professional Services Agreement with Rincon Consultants, Inc; and 7) direct staff to bring back targeted metrics for contract planning services at the December 12, 2022 Regular City Council meeting The question was called, and the motion carried unanimously.

RECESS At 8:48 p.m., Mayor Grisanti recessed the meeting. The meeting resumed at 8:58 p.m. with all Councilmembers present.

Item Nos. 4.A. and 6.C. were heard concurrently.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Adopt Urgency Ordinance No. 505U (Farmers’ Market)
Recommended Action: Adopt Urgency Ordinance No. 505U to temporarily authorize a farmers’ market at a publicly-owned park by amending Malibu Municipal Code Chapter 17.68 (Temporary Use Permits), and finding the action exempt from the California Environmental Quality Act (CEQA) and setting forth the facts constituting such urgency.

ITEM 6 NEW BUSINESS
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C. Legacy Park Agreement Waiver for Temporary Farmers’ Market Use Recommended Action: 1) Authorize the City Manager to sign a waiver, in a form approved by the City Attorney, on behalf of the City as owner of certain “Benefitted Properties” included in Exhibit B of the “Agreement Containing Covenants and Restrictions” affecting Legacy Park effective as of March 29, 2006 (Document No. 20072289815) to allow farmer’s market use to occur on the Property without counting against the six event limit on commercial events; 2) direct staff to seek similar waivers from the owners of the other Benefitted Properties; and 3) finding the same exempt from the California Environmental Quality Act (CEQA).

Planning Director Mollica presented the staff report.

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

The Council discussed the items and directed questions to staff.

MOTION Councilmember Uhring moved, and Councilmember Pierson seconded a motion to:
1) adopt Urgency Ordinance No. 505U to temporarily authorize a farmers’ market at a publicly-owned park by amending Malibu Municipal Code Chapter 17.68 (Temporary Use Permits), and finding the action exempt from the California Environmental Quality Act (CEQA) and setting forth the facts constituting such urgency; and 2) authorize the City Manager to sign a waiver, in a form approved by the City Attorney, on behalf of the City as owner of certain “Benefitted Properties” included in Exhibit B of the “Agreement Containing Covenants and Restrictions” affecting Legacy Park effective as of March 29, 2006 (Document No. 20072289815) to allow farmer’s market use to occur on the Property without counting against the six event limit on commercial events; 3) direct staff to seek similar waivers from the owners of the other Benefitted Properties; and 4) find the same exempt from the California Environmental Quality Act (CEQA).

Interim City Attorney Rusin read the title of the ordinance.

The question was called, and the motion carried unanimously.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS (Continued)
A. Malibu Community Labor Exchange Permit Fee Waiver
Recommended Action: Consider whether to approve the request from the Malibu Community Labor Exchange to waive the fees for the Conditional Use Permit application to operate a day labor program on the County property on Civic Center Way.

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Deputy City Manager Shavelson presented the staff report.

Mayor Grisanti opened the floor to public comment.

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

The council discussed the item and directed questions to staff.

MOTION Councilmember Farrer moved, and Councilmember Pierson seconded a motion to approve the request from the Malibu Community Labor Exchange to waive the fees for the Conditional Use Permit application to operate a day labor program on the County property on Civic Center Way. The question was called, and the motion carried unanimously.

B. City Response Letter to Notice of Preparation of an Environmental Impact Report for the Malibu Lower-Cost Accommodations Public Works Plan Recommended Action: Review and provide comments on a draft comment letter for the Notice of Preparation of an Environmental Impact Report for the Malibu Lower-Cost Accommodations Public Works Plan proposed by the Mountains Recreation and Conservation Authority.

Contract Planner Parker-Bozylinski presented the report.

Mayor Grisanti opened the floor to public comment.

Speakers: Richard Troop, Hovsep Kouzouyan, Natalie Kouzouyan, John Ziffren, Howard Bernstein, Kraig Hill, E. Barry Haldeman, Cookie Shapiro, Jill Goldman, Howard Rudzki, Ryan Embree, and Jo Drummond
Ryan Drexler, Blake Megdal, Taylor Megdal, and Elliot Megdal were not present at the time of hearing.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Farrer moved, and Councilmember Pierson seconded a motion to approve the draft comment letter for the Notice of Preparation of an Environmental Impact Report for the Malibu Lower-Cost Accommodations Public Works Plan proposed by the Mountains Recreation and Conservation Authority.

The Council discussed the item and directed questions to staff.

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FRIENDLY AMENDMENT
Mayor Pro Tem Silverstein moved to direct staff to make minor changes to the draft comment letter based on the comments provided at the meeting.

The amendment was accepted by the maker and the seconder of the motion.

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

ITEM 7 COUNCIL ITEMS
None.

ADJOURNMENT
At 10:07 p.m., Mayor Grisanti adjourned the meeting.

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

MINUTES

MALIBU CITY COUNCIL

ADJOURNED REGULAR MEETING
DECEMBER 12, 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 6:30 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
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; and Kristin Riesgo, Deputy Community Services Director

PLEDGE OF ALLEGIANCE
Mayor Grisanti led the Pledge of Allegiance.

APPROVAL OF AGENDA
MOTION Councilmember Farrer moved, and Councilmember Pierson 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 December 2, 2022.

ITEM 1 CEREMONIAL/PRESENTATIONS
None.

Attachment #3
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ITEM 2.A. PUBLIC COMMENTS
Burt Ross thanked Councilmembers Pierson and Farrer and Mayor Grisanti for their dedicated service to the community. He congratulated and welcomed newly elected Councilmembers Marianne Riggins and Doug Stewart.

Scott Dittrich congratulated newly elected Councilmembers Stewart and Riggins and thanked Councilmembers Pierson and Farrer for their service. He commented on issues that confronted Malibu and encouraged submission of written comments to the Mountains Recreation and Conservation Authority (MRCA) by the community regarding their camping proposals. He encouraged the new City Council to work together to advocate for the City’s interests with outside agencies such as the California Coastal Commission (CCC).

E. Barry Haldeman discussed the MRCA camping projects and encouraged the public ask specific questions in their written comments for the environmental impact report (EIR), such as the fire protocol, camper registration, duration of stay, flameless camping, and the presence of a guardhouse. He stated that the MRCA advertised rental of the property for weddings and filming and voiced concerns that the planned amphitheater would become a commercial stop for visitors. He suggested information for letter submission and the City’s comment letter be posted on the City’s website.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Lloyd Ahern, Santa Monica Mountains Conservancy representative for Malibu, stated that the prior Monday a meeting was held, and they voted on items which included a $400,000 grant from the MRCA to the Conservancy for the construction of a water pipeline to the planned Ramirez Canyon campsite. He stated that the MRCA was receptive to input from the community and it was suggested that a virtual meeting be held with residents in the Ramirez Canyon neighborhood, City staff, and the members of the Conservancy for questions to be developed about the project.

Scott Dittrich, Public Works Commission, stated that when the Telecommunication Commission was disbanded and duties assigned to Public Works Commission, matters that involved telecommunications were inadvertently omitted from their workplan and requested their addition to the Public Works Commission workplan.

Lotte Cherin, Malibu Arts Commission, thanked Councilmembers Pierson and Farrer and welcomed incoming Councilmembers Stewart and Riggins. She requested the community survey on land use be finalized and the establishment of an arts center revisited.

City Manager McClary stated that the Pacific Coast Highway (PCH) signal synchronization project would open for bid in January 2023. He stated that City Hall would be closed for the holidays on Monday, December 26, 2022, and Malibu City Council
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Monday, January 2, 2023. He stated that cases of COVID-19, influenza, and other respiratory virus increased, and Los Angeles County was officially in the high community transmission category. He stated that the County Health Department recommended masks be worn indoors, vaccinations, boosters and precautions taken, especially during large gatherings. He stated that the County reported 7845 new cases of COVID-19 and 39 deaths over the past three days. He stated that the test positivity rate was 12.1 percent and the seven-day average daily count increased nearly 20 percent from the prior week. He stated that the license plate readers would be installed in the upcoming weeks by the Los Angeles County Sheriff’s Department. He stated that he attended the holiday celebration hosted by the Community Emergency Response Team (CERT). He stated that the City submitted a seven-page comment letter to the MRCA for the Notice of Preparation for the EIR for the camping project and stated that the letter would be posted on the City’s website along with the submission information and deadline.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Uhring stated that it saddened him when he heard Deputy City Manager Shavelson was leaving the City’s employment and commended her on her work with the City. He stated that he attended the recent Malibu Art Commission exhibit opening held at City Hall and that it was well-done and a pleasant experience. He stated that he attended a meeting the prior Saturday organized by Mr. Haldeman for the development of questions for the MRCA’s EIR for the planned campsite in Bluffs Park and in Ramirez Canyon. He expressed concerns regarding the danger posed by camping by people with unknown criminal backgrounds at Bluffs Park which was a facility used by the community’s youth and encouraged parents to provide their input to the MRCA. He encouraged the public to visit the Adamson House during their holiday events.

Mayor Pro Tem Silverstein commended Deputy City Manager Shavelson and stated that he was sorry to see her leave the City. He stated that he attended a community meeting on the MRCA’s Bluffs Park camping proposal and the ideas shared were helpful. He stated that the letters and input were important, but he thought ultimately legal action was necessary. He stated he attended multiple California Strategies meetings where the subject of the potential patrol of PCH by California Highway Patrol (CHP) was discussed. He stated that he met with newly elected Councilmembers Stewart and Riggins and he was mindful of the Brown Act and had not discussed the same matters with each. He stated that he spoke to Aberdeen, Washington City Councilmembers on homelessness issues and they indicated their unhoused population was not originally from the City but had migrated there.

Councilmember Pierson stated that he met with incoming Councilmembers Stewart and Riggins. He stated that the prospect of CHP patrol of PCH was something he had long worked on, and it was a complicated issue. He stated that much work and personal interaction with State legislators in Sacramento was required for the MRCA camping project to be effectively deterred and he wished the Council the Malibu City Council
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best on their efforts.

Councilmember Farrer stated that she attended a fundraising event at the Canyon Club on December 1, 2022, which benefited the Sheriff’s Department cadets that were impacted by the incident in Whittier that resulted in multiple injuries. She stated that she attended the ceremony where Lindsey Horvath was sworn in as the Los Angeles County Third District Supervisor. She stated that on the prior Friday she attended her final Southern California Edison (SCE) Government Advisory Panel meeting. She stated that the prior Friday, she and her family visited the Malibu High School Athletic Booster Club Christmas Tree lot where there was entertainment by the Malibu High School and Middle School choir.

Mayor Grisanti stated that he attended the Southern California Association of Governments Economic Review meeting held in downtown Los Angeles and that it was an interesting six hours. He stated that he attended Los Angeles County Sheriff Chief Robert Luna’s installation ceremony and emphasized the importance of a good working relationship with the Sheriff’s Department and maintaining a presence at the Council of Governments (COG). He stated that he attended the Malibu Arts Commission art installation opening two Sundays prior where art on the music industry was displayed and encouraged the public to visit the gallery at City Hall. He stated that he attended the annual Woody Parade on December 11, 2022. He stated that at Councilmember Farrer’s and SCE’s invitation, he logged on to the SCE panel discussion and found it enlightening. He stated that he looked forward to continued involvement in the community and being a good representative for Malibu.

ITEM 3 Ordinances and Public Hearings
A. Adoption of Ordinance No. 503U - California Building Standards Code Recommended Action: 1) Waive full reading of ordinance and order that it be read by title only; 2) After the City Attorney reads the title of the ordinance, adopt Urgency Ordinance No. 503U, an urgency ordinance of the City of Malibu, adopting by reference Title 26 of the Los Angeles County Code, incorporating the California Building Code, 2022 Edition; Title 27 of the Los Angeles County Code, incorporating the California Electrical Code, 2022 Edition; Title 28 of the Los Angeles County Code, incorporating the California Plumbing Code, 2022 Edition; Title 29 of the Los Angeles County Code, incorporating the California Mechanical Code, 2022 Edition; Title 30 of the Los Angeles County Code, incorporating the California Residential Code, 2022 Edition; Title 31 of the Los Angeles County Code, incorporating the California Green Building Standards Code, 2022 edition; the California Energy Code, 2022 Edition; Title 33 of the Los Angeles County Code, incorporating the California Existing Building Code, 2022 Edition; the California Fire Code, 2022 Edition; making amendments to said codes; repealing Ordinance No. 457; declaring the urgency thereof; and finding the action exempt from the California Environmental Quality Act; 3) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 503; and 4) Direct staff to schedule second reading and adoption of Ordinance No. 503 for the Malibu City Council
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January 9, 2023 City Council Regular meeting.

Environmental Services Director Bundy presented the staff report.

The Council directed questions to staff.

Mayor Grisanti opened the floor to public comment.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Pierson moved, and Councilmember Farrer seconded a motion to:
1) adopt Urgency Ordinance No. 503U, an urgency ordinance of the City of Malibu, adopting by reference Title 26 of the Los Angeles County Code, incorporating the California Building Code, 2022 Edition; Title 27 of the Los Angeles County Code, incorporating the California Electrical Code, 2022 Edition; Title 28 of the Los Angeles County Code, incorporating the California Plumbing Code, 2022 Edition; Title 29 of the Los Angeles County Code, incorporating the California Mechanical Code, 2022 Edition; Title 30 of the Los Angeles County Code, incorporating the California Residential Code, 2022 Edition; Title 31 of the Los Angeles County Code, incorporating the California Green Building Standards Code, 2022 edition; the California Energy Code, 2022 Edition; Title 33 of the Los Angeles County Code, incorporating the California Existing Building Code, 2022 Edition; the California Fire Code, 2022 Edition; making amendments to said codes; repealing Ordinance No. 457; declaring the urgency thereof; and finding the action exempt from the California Environmental Quality Act; 2) introduce on first reading Ordinance No. 503; and 3) direct staff to schedule second reading and adoption of Ordinance No. 503 for the January 9, 2023 City Council Regular meeting.

Interim City Attorney Rusin read the titles of Urgency Ordinance No. 503U and Ordinance No. 503.

The question was called, and the motion carried unanimously.

B. Adoption of Ordinance No. 506 - Update to Permitting Process for Electric Vehicle Charging Stations
Recommended Action: 1) Waive full reading of ordinance and order that it be read by title only; 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 506 amending Chapter 15.36 Permitting for Electric Vehicle Charging Stations, and determining the project is categorically exempt from the California Environmental Quality Act; and 3) Direct staff to schedule second reading and adoption of Ordinance No. 506 for the January 9, 2023 City Council Regular meeting.

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Environmental Services Director Bundy presented the staff report.

The Council directed questions to staff.

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

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Pierson seconded a motion to: 1) introduce on first reading Ordinance No. 506 amending Chapter 15.36 Permitting for Electric Vehicle Charging Stations, and determining the project is categorically exempt from the California Environmental Quality Act; and 2) direct staff to schedule second reading and adoption of Ordinance No. 506 for the January 9, 2023 City Council Regular meeting.

The Council directed questions to staff.

Interim City Attorney Rusin read the title of the ordinance.

The question was called, and the motion carried unanimously.

ITEM 4 CONSENT CALENDAR
Item Nos. 4.B.4. and 4.B.6. were pulled by the public and Item Nos. 4.B.9. and

4.B.10. were pulled by the Council.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Pierson seconded a motion to approve the Consent Calendar, pulling Item Nos. 4.B.4., 4.B.6., 4.B.9., and

4.B.10.

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 67663-67722 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. 715 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $559,444.47. City of Malibu payroll check number 5283-5289 and ACH deposits were issued in the amount of $262,545.74.

3. Amendment to Professional Services Agreement with Stoel Rives LLP Recommended Action: Authorize the Mayor to execute Amendment No. 2 Malibu City Council
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to the Professional Services Agreement with Stoel Rives LLP for a total contract amount not to exceed $125,000.

5. Appeal No. 21-016 - Appeal of Planning Commission Resolution No. 21- 11 (18868 Pacific Coast Highway; Owner/Appellant, Farshid Etaat) Recommended Action: Adopt Resolution No. 22-39, determining the California Environmental Quality Act does not apply to the project, denying Appeal No. 21-016 and denying Coastal Development Permit No. 17-075 for the construction of a 3,778 square foot, two-story, single-family beachfront residence with an approximately 375 square foot attached garage, decks, retractable beach stairs, onsite wastewater treatment system, grading, retaining walls, hardscape, and seawall; including Variance (VAR) No. 17-024 for the single-family residence to extend seaward of the building stringline, VAR No. 18- 022 for the first and second floor decks to extend seaward of the deck stringline, and VAR No. 20-042 for a greater than 50 percent reduction of the front yard setback, and Offer-To-Dedicate No. 21- 002 for a lateral access easement across the property located in the Single Family Medium Density (SFM) zoning district at 18868 Pacific Coast Highway (Etaat).

7. Fiscal Year 2021-2022 Fourth Quarter Financial Report Recommended Action: Receive and file Fiscal Year 2021-2022 Fourth Quarter financial information.

8. Fiscal Year 2022-2023 First Quarter Financial Report Recommended Action: Receive and file Fiscal Year 2022-2023 First Quarter financial information.

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

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.

Mayor Grisanti opened the floor to public comment.

Speakers: Doug Stewart and Scott Dittrich
As there were no other speakers present, Mayor Grisanti returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Uhring seconded a motion to reaffirm Resolution No. 22-25, re-authorizing remote teleconferencing/virtual meetings, pursuant to AB 361.

The question was called, and the motion carried unanimously.

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6. Planning Department Performance Metrics
Recommended Action: Receive and file a report on Planning Department performance metrics.

Mayor Grisanti opened the floor to public comment.

Speaker: Don Schmitz
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.

The Council received and filed a report on Planning Department performance metrics.

10. Transactions and Use Tax Administration
Recommended Action: 1) Adopt Resolution No. 22-47 authorizing the Mayor to execute agreements with the California Department of Tax and Fee Administration for the implementation of a local transactions and use tax; 2) Adopt Resolution No. 22-48 authorizing the examination of transaction (sales) and use tax records; and 3) Approve Amendment No. 1 to the Professional Services Agreement with Hinderliter, de Llamas, & Associates.

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

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Silverstein moved Councilmember Pierson seconded a motion to: 1) adopt Resolution No. 22-47 authorizing the Mayor to execute agreements with the California Department of Tax and Fee Administration for the implementation of a local transactions and use tax; 2) adopt Resolution No. 22-48 authorizing the examination of transaction (sales) and use tax records; and 3) approve Amendment No. 1 to the Professional Services Agreement with Hinderliter, de Llamas, & Associates.

The question was called, and the motion carried unanimously.

9. November 8, 2022 General Municipal Election Results
Recommended Action: Adopt Resolution No. 22-46 reciting the facts of the General Municipal Election held on November 8, 2022 and declaring the result and such other matters as provided by law.

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

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Silverstein moved, and Councilmember Uhring seconded a motion to adopt Resolution No. 22-46 reciting the facts of the General Municipal Election held on November 8, 2022, and declaring the result and such other matters as provided by law.

The question was called, and the motion carried unanimously.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
None.

ITEM 7 COUNCIL ITEMS
None.

PRESENTATIONS TO OUTGOING COUNCILMEMBERS
Kelly Honig, Westlake Village City Councilmember, submitted a video presentation in which she wished Councilmembers Farrer and Pierson well and stated that their departure was a great loss to Malibu and thanked them for their service to the community and the Las Virgenes-Malibu Council of Governments (COG).

Terry Dipple, Las Virgenes-Malibu Council of Governments, submitted video presentations in which he thanked Councilmembers Farrer and Pierson for their work with the community and with the COG and stated that he appreciated their leadership.

E. Barry Haldeman thanked Councilmembers Farrer and Pierson for their service to the community and stated how much he valued their knowledge and dedication. He congratulated newly elected Councilmembers Riggins and Stewart. He stated that Mayor Grisanti would be missed in the role of mayor.

Howard Rudzki commented that Councilmembers Pierson and Farrer accomplished much despite the hardships of the 2018 Woolsey Fire and the COVID-19 pandemic and that they conducted themselves in a dignified manner. He congratulated newly elected Councilmembers Stewart and Riggins. He thanked Mayor Grisanti for his time as mayor.

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Marissa Coughlan honored and congratulated Councilmembers Farrer and Pierson. She thanked Mayor Grisanti for his service as mayor.

Mayor Grisanti stated that he knew Councilmember Pierson for a while and appreciated how he welcomed him to the neighborhood and helped him with involvement in the fire brigade and arson watch. He recognized Councilmembers Pierson and Farrer’s contributions to the school district separation efforts. He voiced his appreciation for the consistently accurate information Councilmember Farrer provided. He stated that he valued their opinions and looked forward to conversations with both in the future.

REMARKS BY OUTGOING COUNCILMEMBERS
Councilmember Farrer thanked Councilmember Pierson for his work with her. She thanked Mayor Grisanti for his levelheadedness and diplomacy during Council meetings. She thanked past and present City management and directors for their contributions. She thanked those who supported her during her campaign, constituents, and residents of unincorporated Los Angeles County located outside the City of Malibu who were impacted by Malibu’s policies. She thanked her commission and committee appointees. She thanked Kian Schulman, Poison Free Malibu, who provided education on pesticide impact on the environment. She thanked City staff for their work. She thanked Gabriel Graham, Outreach Coordinator for the People Concern, and the partners at Pepperdine University. She thanked the school district separation team, which included Assistant City Attorney Christine Wood, La Tanya Kirk-Carter, Cathy Dominico, and Terri Ryland. She stated that it had been her honor to serve on the COG, the prior year as President and thanked COG members Executive Director Terry Dipple, Governing Board Partners Eniko Gold from Hidden Hills, Kelly Honig from Westlake Village, Alicia Weintraub from Agoura Hills, and Chris Anstead from Calabasas. She congratulated new County Supervisor Lindsey Horvath, and thanked Supervisor Sheila Kuehl’s office contacts Tessa Charnofsky and Lisa Mandel. She stated that she had a huge amount of confidence in new Sheriff Robert Luna and his team and thanked Captain Jennifer Seetoo and Lieutenant Dustin Carr. She thanked Los Angeles County Fire Department Chief Drew Smith and Community Services Liaison Officer Megan Currier. She thanked League of California Cities Regional Public Affairs Manager Jeff Kiernan and California Contract Cities Association Executive Director Marcel Rodarte. She thanked Malibu Community Library Manager Melissa Stallings and her team, and County Library Commission Chair Corey Calaycay and all the commissioners from the five supervisorial districts. She thanked Malibu Volunteers of Patrol (VOP) Team Leader Mark Russo, the VOP team, everybody involved in CERT, and arson watch members. She thanked Director of Executive Education Frank Zerunyan, University of Southern California Sol Price School of Public Policy and encouraged involvement in that program when the opportunity arose. She thanked her friends and her family and stated that the one person who never missed a Council meeting was her husband Cameron. She thanked her children and their significant others, and all her friends which were too numerous to name. She stated it was a very memorable four years and that was just enough and that it was time she moved on. She wished elected Councilmembers Stewart and Riggins the best of luck.

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Councilmember Pierson thanked all those mentioned by Councilmember Farrer. He discussed his time as a Public Works Commissioner and Planning Commissioner. He stated that he learned a lot about how the City worked, and that he had great mentors, mainly Steve Karsh. He stated that he then joined the City Council for four years. He discussed working with former City Managers Jim Thorson and Reva Feldman, and the current City Manager Steve McClary. He stated that time spent with each had been educational, inspiring, wonderful, and difficult at the same time. He stated that he appreciated all the City’s department heads. He stated he worked closely with Media Information Officer Myerhoff, particularly during the Woolsey Fire, and other staff members in the background. He thanked the entire school board separation team and stated that he was fortunate to be involved in that process. He thanked his commission appointees. He thanked his citizen team who were a great resource and kept him informed. He thanked his close friends and his family. He stated that serving on City Council was all-consuming and he also had a full-time job and that he was grateful and appreciative of the support and sacrifice of his family. He stated that he was passionate about making a positive impact on the City. He stated that he was happy about accomplishments and progress made on items he helped bring forth. He commented on the fee waiver program in the wake of the Woolsey Fire and stated that although it had huge financial implications for the City, he felt it was the right thing for the community. He stated it was an overwhelming honor to visit fire impacted residents and properties and that he were glad to have done everything he could to help them. He commented on the transient occupancy tax (TOT) which was well worth the effort and he appreciated the voters’ support on the matter. He stated after many years of efforts, the pesticide ban was a huge lesson on how to get difficult things done and took cooperation with many people and organizations, and that he was forever grateful to Joel and Kian Schulman, and that it took cooperation with the CCC, Planning Director Mollica, the Department of Pesticide Control, the Los Angeles County Council.

He stated that regarding school district separation, he felt fortunate to join a group that had been working together for a long time and that he and City Manager McClary came in with the advantage of an outside perspective. He stated that there was work to be done, but he was glad it had gotten to where it was. He commented on matters that were not accomplished, as he hoped it would inspire the new Council to pursue those issues as part of their goals. He stated that uses for City land, which included an art center should be explored. He stated that he would like a single-use plastic bottle ban to be explored. He stated that a solar City Hall should be revisited as it was a very worthy undertaking. He stated that the continuation of the practice of outdoor dining should be explored. He stated that a maximum total development square footage (TDSF) on beachfront lots should be established. He stated that for fire protection and preparedness, Hainy hydrant should be pursued. He stated that he was full of gratitude and that the City of Malibu meant everything to him. He stated that he was born, adopted, and raised in Malibu and felt he was the luckiest person on the face of the earth. He stated that it was an honor of a lifetime to have been elected to the City Council and serve the Malibu community.

ADJOURNMENT OF THE 16th CITY COUNCIL
At 8:33 p.m., Mayor Grisanti adjourned the meeting of the 16th City Council.

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MEETING CALL TO ORDER / RECONVENE 17th CITY COUNCIL
Mayor Grisanti called the meeting of the 17th City Council to order at 8:43 p.m.

ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED

COUNCILMEMBERS
Marianne Riggins was sworn in by her daughter Jess Manson.

Doug Stewart was sworn in by his wife Sharon Stewart.

ELECTION OF MAYOR
Mayor Pro Tem Silverstein presented the outgoing Mayor award to Mayor Grisanti.

Mayor Grisanti stated that he would appreciate having more time to devote to his business and family. He stated that numerous email messages from the community and many parts of the world would be received by the new mayor, and all required a response of some sort.

He stated that he hoped the new mayor would enjoy being mayor as much as he had, or maybe even more.

Mayor Grisanti opened the floor to public comment.

Speaker: Marissa Coughlan
Bill Sampson was not available at the time of hearing.

As there were no other speakers present, Mayor Grisanti opened the floor to nominations for Mayor.

MOTION
Councilmember Uhring moved, and Councilmember Stewart seconded a motion to nominate Mayor Pro Tem Silverstein as Mayor.

Mayor Grisanti closed the floor to nominations for Mayor.

The question was called and the motion carried unanimously.

The meeting was turned over to newly elected Mayor Silverstein.

ELECTION OF MAYOR PRO TEM
Mayor Silverstein opened the floor to nominations for Mayor Pro Tem.

MOTION
Councilmember Riggins moved, and Councilmember Stewart seconded a motion to nominate Councilmember Uhring as Mayor Pro Tem,
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Mayor Silverstein closed the floor to nominations for Mayor Pro Tem.

The question was called and the motion carried 4-0, Councilmember Uhring abstaining.

REMARKS BY NEWLY ELECTED MAYOR
Mayor Silverstein stated that a friend of his was appointed as a judge many years prior and he always remembered his words, which were, that he was just appointed and would let his actions speak for him and it was hoped that his actions would be appreciated and that he would appreciate the position, so he would wait until his term was over to say anything.

He stated that the main event of the evening was the remarks of the newly elected Councilmembers.

ADMINISTRATION OF OATH OF OFFICE TO MAYOR AND MAYOR PRO TEM Mayor Silverstein was sworn in by his son Lewis Silverstein.

Mayor Pro Tem Uhring was sworn in by Deputy City Clerk Christiansen.

REMARKS BY NEWLY ELECTED COUNCILMEMBERS
Councilmember Riggins thanked Karen Farrer and Mikke Pierson for their service on the City Council. She thanked the Malibu community for her election to City Council and that she could not have done so without so many supporters and financial contributions to her campaign and that she was appreciative. She acknowledged the two Pepperdine students who worked on her campaign, along with her own daughter Jess Manson. She acknowledged their assistance with her social media and her visibility in the community.

She stated that she was fortunate to have many former Councilmembers who shared their experience and the history of the community. She thanked City staff and stated that the City of Malibu had amazing staff. She stated that she was in the unique position of having worked very closely for the past 17 years with a variety of people in the City. She stated that the current staff members were wonderful and they were truly the Councilmembers’ greatest asset. She stated that she had many important things she would like accomplished for the community during her time on City Council. She stated that she would like the school district separation completed and discussed the importance of local control. She stated that improvement of public safety were important to ensure residents and visitors were safe and protected and that the beautiful environment was enjoyed. She discussed the importance of creating recreational and cultural arts facilities for community social gatherings. She stated that the accomplishment of these goals needed the support and participation of all of the Malibu residents. She stated that she hoped that residents would express their ideas of how various properties should be utilized. She thanked her family and her husband Harris., and her daughter Jess. She stated that her daughter’s husband Ian also held a great perspective and was somebody for her to learn from and speak with. She stated that she looked forward to working with residents, outside agencies, her fellow Councilmembers, and the City’s Commissions and welcomed their teamwork to ensure that Malibu continued to be an incredibly wonderful, beautiful place to live.

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Councilmember Stewart stated that it was truly an honor to be a City of Malibu Councilmember. He stated that he wanted to thank all the people that worked so diligently on his campaign and all of those who voted for him and trusted him to help the community that everyone loved and enjoyed. He assured those who had not voted for him, that their vote was not lost. He stated that he was there for all the residents and his desire was for a kinder and safer life in Malibu. He stated that during his years in Malibu, he was fortunate that he interacted with and received live counsel from so many of the former Mayors and Councilmembers and thanked them for their insight and looked forward to their wisdom going forward. He stated that they were truly a resource that should be used as much as possible. He stated that they knew the ropes, the people, and the pitfalls, and that they were great mentors. He expressed special gratitude to the two departing Councilmembers, who worked so hard and had done so much for Malibu. He stated that every newly elected Councilmember would forever remember how Councilmembers Farrer and Pierson were elected the week of the Woolsey Fire and the Borderline shooting in Thousand Oaks, and then a little over one year later, the COVID-19 pandemic hit. He stated that their challenges would be forever benchmarked against what the 15th and 16th City Councils faced and dealt with so well. He stated that the City would be forever grateful for what they had done for the community and their service during difficult times. He stated that he listened during the campaign about what needed to be accomplished as a City. He stated that the product was his own personal to do list, of not only what he wanted to be his focus his first 100 days in office but would be expanded consistently and Malibu made a better place. He stated he looked forward to partnership with his fellow Councilmember and thanked them for all of their support and stated that would be a great team.

ADJOURNMENT
MOTION
Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to adjourn the meeting at 9:08 p.m. The question was called and the motion carried unanimously.

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

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Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Steve McClary, City Manager
Kelsey Pettijohn, City Clerk
Trevor Rusin, Interim City Attorney
Date prepared: September 13, 2023 Meeting date: September 25, 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
09-25-23
Item

3.B.4.

Page 2 of 2 ends

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

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

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

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

ATTACHMENTS:

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

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

CONTINUATION OF VIRTUAL MEETINGS AND AUTHORIZING VIRTUAL

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

SECTION 1. Recitals.

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

Page 2 of 3 ends

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

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

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

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

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

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

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

ATTEST:

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

Page 3 of 3 ends

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

A YES: 5 Councilmembers:

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

Page 1 of 2 ends

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Patricia Salazar, Development and Operations Manager Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: September 8, 2023 Meeting date: September 25, 2023 Subject: Amendment to Professional Services Agreement with CJ Biomonitoring, LLC for Biological Review Consulting Services RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to Agreement with CJ Biomonitoring, LLC. extending the term of agreement.

FISCAL IMPACT: Services rendered by the Consultant are funded by biology review and inspections fees associated with planning applications and is included in the Adopted Budget for FY 2023-24 in Account No. 101-2001-5100-01 (Planning - Coastal Development Permit Services) and 102-3002-5100-01 (Woolsey Fire Operations - Coastal Development Permit Services).

WORK PLAN: These services are part of normal staff operations. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: The Planning Department oversees the processing of planning applications for compliance with the Malibu Municipal Code and Local Coastal Program.

As with other specializations, the City contracts biological review services. The contract biologist reviews all project applications for anticipated impacts to Environmentally Sensitive Habitat Areas, blueline streams, disturbed habitats, watershed areas, and impacts due to Los Angeles County Fire Department required fuel modification zones. In addition, the contract biologist provides staff with suggested conditions of approval to protect or minimize anticipated project-related impacts on sensitive habitat areas.

City Council Meeting
09-25-23
Item

3.B.5.

Page 2 of 2 ends

Agenda Item # 3.B.5.

In September 2021, as a result of a Request for Proposal process, the City entered into a two-term agreement with CJ Biomonitoring, LLC. The current agreement will expire on September 27, 2023.

As of the date of this report, pursuant to MMC Section 2.56.150, City staff is currently in the process of drafting a Request for Proposals for biological review consulting services.

At this time, staff is requesting the Council extend the term of the existing agreement until January 22, 2024. Extending the current agreement will ensure continuity of services during the selection process.

ATTACHMENT: Amendment to Agreement with CJ Biomonitoring, LLC AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on September 25, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and CJ Monitoring, LLC, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On September 27, 2021, the City entered into an Agreement with Consultant for biological consultant services (the “Agreement”).

B. The City desires to amend the Agreement to extend the term of agreement, such that the contract will now expire on January 22, 2024.

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

1. Section 2.0 – Term of Agreement, of the Agreement, is hereby extended to January 22, 2024.

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

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

This Agreement is executed on ______________________, at Malibu, California, and effective as of September 25, 2023.

CITY OF MALIBU:
____________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, City Attorney By: COURTNEY MCCAMMON
Title: Owner/Principal Biologist
Attachment 1

Page 1 of 2 ends

Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Patricia Salazar, Development and Operations Manager Joyce Parker-Bozylinski, Contract Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: September 8, 2023 Meeting date: September 25, 2023 Subject: Professional Services Agreement with Rincon Consultants, Inc.

RECOMMENDED ACTION: Authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. in the amount of $197,493 to prepare the 2021- 2029 Housing Element Update as needed to address State requirements.

FISCAL IMPACT: Funding for this project is included in the Adopted Budget for FY 2023- 24 in Account No. 100-0000-2530-07 (Designated Housing Element) and Account No. 101-2001-5100-00 (Planning Professional Services).

WORK PLAN: This item was included as item 4.e. 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: Efforts to complete a comprehensive update of the Housing Element are underway. On January 10, 2022, the City Council adopted Resolution No. 22-67, adopting the Revised Draft Housing Element (6th Cycle) for planning period 2021-2029, which was submitted to the California Department of Housing and Community Development (HCD) on January 20, 2022. As part of the current planning period, Southern California Association of Governments (SCAG) determined that 79 new housing units of varying income levels were required to be accommodated for within the City. Subsequently, in March 2022, HCD issued a letter finding that the Revised Draft 2021-2029 Housing Element Update addresses many statutory requirements; however, revisions are necessary to comply with State Housing Element Law.

City Council Meeting
09-25-23
Item

3.B.6.

Page 2 of 2 ends

Agenda Item # 3.B.6.

In 2020, the City had awarded an agreement to JHD Planning, LLC to prepare the 2021- 2029 Housing Element Update (6th cycle) and Safety and Health Element of the General Plan. John Douglas of JHD Planning, LLC prepared the City’s last two Housing Elements and the 6th Cycle Regional Housing Needs Assessment (RHNA). He is known as an industry leader with extensive experience throughout the region.

Up until February 2023, with the assistance of John Douglas, the City held a total of four public meetings, submitted the Draft and Revised Housing Element to the HCD, met with HCD, and responded to one correction letter from the HCD. Work on the Safety and Health Element had not commenced. However, due to workload and a planned retirement, the consultant terminated the agreement with the City.

Due to the urgency of this matter, in March 2023, the City solicited the assistance of Rincon Consultants, Inc. to address the HCD’s comments to the 6th Cycle Housing Element Update. This decision was based on Rincon’s success in assisting other jurisdictions in obtaining a certified Housing Element Update. In addition, Rincon has assisted the City on past Housing Element work.

Pursuant to Malibu Municipal Code Section 2.56.130 (Competitive Bidding – Exceptions), the City did not solicit a Request for Proposals for services pursuant to subsections (B)(3) and (B)(4). More specifically, due to the ever changing state law and direction by HCD, the ability to appropriate respond to the reviewing state agency while understanding and implementing the needs and goals of the City is a highly specialized service pursuant to section 2.56.130(B)(3). Further, pursuant to 2.56.130 (B)(4), the use of a competitive bidding process would cause unnecessary delay or expense and not likely to result in a lower price from a responsible bidder who can provide the specialized services needed.

Rincon has provided a scope of work and cost proposal to complete the project which will be completed in two phases: 1) evaluation and determination of project approach; and 2) preparation of revisions and submittal to HCD. As of the date of this report, Phase 1 has been completed and Phase 2 is in progress as well as meeting with HCD.

To begin work, the City authorized Rincon to proceed under its existing agreement for planning contract services. However, to not encumber the planning contract services agreement budget, staff is requesting that the Council enter into a new agreement with Rincon for this project.

Staff recommends that the Council authorize the agreement for the update of the 6th Cyle Housing Element Update. Later, staff will issue a Request for Proposals to update the Safety and Health Element and return with an agreement for the Council’s consideration.

ATTACHMENT: Professional Services Agreement with Rincon Consultants, Inc.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of September 25, 2023 by and between the City of Malibu (hereinafter referred to as the "City"), and Rincon Consultants, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating planning services to support the 2021-2029 Housing Element Update (6th cycle planning period).

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 April 4, 2023, and will remain in effect for a period of two years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall be for a total amount not to exceed $197,493.00. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 1
Agreement for Professional Services
Rincon Consultants, Inc.

Page 2 of 8 ends

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
Rincon Consultants, Inc.

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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
Rincon Consultants, Inc.

Page 4 of 8 ends

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.

Notwithstanding the above, Consultant shall only be liable and responsible for any costs or damages in proportion to its liability and determined by a court of competent jurisdiction.

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.

Agreement for Professional Services
Rincon Consultants, Inc.

Page 5 of 8 ends

(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

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

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

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

Agreement for Professional Services
Rincon Consultants, Inc.

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

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

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

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary CONSULTANT: Deanna Hansen
City Manager Vice President/Principal
City of Malibu Rincon Consultants, Inc.
23825 Stuart Ranch Road 250 East 1st Street, Suite 1400 Malibu, CA 90265-4861 Los Angeles, California 90012
TEL (310) 456-2489 x 226 TEL (213) 297-2108
FAX (310) 456-2760 [email protected]
Agreement for Professional Services
Rincon Consultants, Inc.

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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 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 April 4, 2023.

CITY OF MALIBU:
___________________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)

DH
DH
Agreement for Professional Services
Rincon Consultants, Inc.

Page 8 of 8 ends

CONSULTANT:
_______________________________
By: DEANNA HANSEN
APPROVED AS TO FORM: Vice President/Principal
___________________________________
TREVOR RUSIN, City Attorney

Rincon Consultants, Inc.
180 North Ashwood Avenue
Ventura, California 93003
805-644-4455
www.rinconcons ultants.com
March 30, 2023
Rincon Project No. 23-14425
Richard Mollica, Planning Director
City of Malibu
Planning Department
23825 Stuart Ranch Road
Malibu California 90265
Via email: [email protected]
Subject: Proposal for City of Malibu 6th Cycle Housing Element Update Work Plan Rincon Consultants is pleased to submit this proposal to assist the City of Malibu (City) with planning services to support the 6th Cycle Housing Element update. We have assembled a team of highly skilled planning and housing professionals with extensive experience with both the technical and policy aspects of Housing Element updates requirements. We are proud of our team’s ability to work effectively with City staff, decision-makers, and the California Department of Housing and Community Development (HCD) to develop innovative approaches and solutions to prepare a substantially compliant Housing Element.

The scope of work described below is based on Rincon’s experience preparing 6th Cycle Housing Element updates for multiple jurisdictions, taking into account a reasonable, likely course of action.

Unforeseen or unusual circumstances that may occur could alter the scope of work and require additional coordination, data gathering, and analysis.

Project Understanding
On January 10, 2022, the City Council adopted Resolution No. 22-67 adopting the Revised Draft Housing Element, which was submitted to the California Department of Housing and Community Development (HCD) on January 20, 2022. HCD provided a comment letter dated March 22, 2022 with a list of revisions necessary to comply with state housing law. The City is seeking consultant services to revise the draft 6th Cycle Housing Element update to address HCD’s comments. Rincon has obtained the March 22, 2022 HCD letter and previous letter dated October 22, 2021. Based on a preliminary review of the HCD letter, while some comments will be relatively simple to address, extensive revisions would be required to obtain compliance, including a substantial revision to the Assessment of Fair Housing, site inventory suitability, and public participation, among other items.

Absent a thorough review of the 6th Cycle Draft Housing Element update, supporting materials, and a dialogue with HCD staff, it is difficult to provide an accurate estimate of the level of effort needed to achieve HCD support. Therefore, in order to adequately determine the level of effort involved to revise the draft Housing Element update, Rincon proposes a two-phase scope of work: Phase 1 would involve review of the HCD comment letter and relevant City documents, meeting with HCD staff to clarify ambiguities, coordination with City staff, and the preparation of a work plan to achieve a substantially compliant Housing Element update. Phase 2 would involve execution of the Housing Element update.

This proposal details a scope of work, cost estimate, and timeline for Phase 1.

Phase 1
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update Work Plan 2 Scope of Work
Task 1 Document Review
Rincon will review the draft 6th Cycle Housing Element update, HCD comment letters, the Sites Inventory spreadsheet provided by the City on March 29, 2023, and previous community engagement efforts to familiarize ourselves with the project status. We will also review the City of Malibu General Plan, Local Coastal Program, including the Local Implementation Plan, and Malibu Municipal Code to evaluate compliance with state law..

Deliverables
• Deliverables will be provided as part of task 3.

Timeframe
Document review will be completed within two weeks of receipt of all materials.

Task 2 Meeting with HCD staff
Rincon will schedule and facilitate a meeting with HCD staff to review the HCD comment letter and clarify HCD expectations. Rincon will draft a list of questions for City review prior to the meeting, and if needed, will attend a meeting with City staff to review and finalize questions.

Deliverables
• List of questions (MS Word)
• Meeting notes (PDF)
Timeframe
Rincon will initiate contact with HCD to schedule a meeting within one business day of notice to proceed.

Task 3 Housing Element Update Work Plan Report
Rincon will prepare a report outlining deficiencies, additional analysis and engagement efforts, if any, and recommended revisions. The report will identify description of the scope of work, a cost estimate, and realistic timeframes and steps needed to complete the recommended analysis needed to address HCD comments. The report will also include a matrix that lists each comment from the two HCD comment letters and a description of the level of effort involved to address each comment. This task will include a meeting with City staff to review and refine the work plan as needed.

Deliverables
• Work plan report (PDF) with comment matrix
• Meeting with City staff (Virtual)
Timeframe
• Rincon will submit work plan report within four weeks following a meeting with HCD.

Phase 1
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update Work Plan 3 Task 4 Project Management
Throughout the project duration, Rincon will coordinate internally and with City staff. Rincon’s project manager will communicate with City staff via email, telephone calls, and videoconferencing (as needed) for clear communication and project understanding. Rincon will prepare invoices with status reports documenting progress.

Deliverables
• Virtual meetings, prearranged phone calls, email communication Timeframe
• Ongoing
Assumptions
• City staff will provide access to materials and documents needed to conduct a thorough review. • Timeframes for deliverables may shift based on availability of City and HCD staff for scheduling meetings.
• Meetings will take place virtually.
• One meeting with HCD staff will be two hours in duration. • Meetings and phone calls with City staff would not exceed a total of three hours.

Project Team
The proposed team has the experience and availability needed to complete the scope of work within the proposed timeframes outlined above. Other Rincon staff not listed below may provide additional technical expertise as needed or assist in the event of unforeseen staffing shortages.

Name Classification Role
Emily Green Senior Professional I Lead reviewer
Lisa Gordon Senior Professional I Project Manager, Point of Contact Lilly Rudolph Senior Supervisor Professional II Technical advisor Brenna Weatherby Principal I Quality assurance/quality control, contract oversight Brief Biographies of Project Team
Emily Green | Lead Analyst
Emily has 10 years of experience in urban planning and community development, with a focus on housing elements, public engagement, and CEQA and NEPA analysis and compliance for long-range plans and public sector initiatives. For the past two years, she has worked almost exclusively on management and technical support for housing element and general plan updates and CEQA compliance for jurisdictions across the state. Emily currently serves as the Project Manager for Housing Element Updates for the cities of Bakersfield and Banning.

Phase 1
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update Work Plan 4 Lisa Gordon | Project Manager
Lisa has over 15 years of experience in managing complex entitlement projects and specific plans, as well as preparing and implementing general plans, housing elements and development codes in Southern California. In her previous position as the Planning Manager f the City of Menifee, she worked on the City’s first general plan and housing element, as well as updates to the housing element, preparation of annual housing element reports, and applying new and evolving state housing laws to entitlement projects. Her local government experience provides practical knowledge regarding implementation of the element after adoption.

Lilly Rudolph | Technical Advisor
Lilly is responsible for managing current planning assignments and longrange planning documents for municipal planning agencies. She has processed complex residential, mixed-use, and commercial projects in Ventura, Malibu, Grover Beach, Guadalupe, Berkeley, and in Santa Barbara County. She has extensive current planning experience with the City of Malibu and is intimately familiar with the City Local Implementation Plan and the Malibu Municipal Code. She is currently managing 6th Cycle Housing Element updates for the City of Simi Valley and City of Fullerton.

Brenna Weatherby | Principal in Charge
Brenna has over 20 years of experience in city planning, long range community planning, discretionary permit processing, and environmental analyses throughout California. She is currently leading housing element updates, public engagement efforts, and associated environmental analysis in the cities of Corona, Banning, Santa Clarita, Monterey Park, Temple City, San Gabriel, Bakersfield, Palo Alto, Pleasant Hill, and St. Helena. Her experience with housing assessment and needs analysis, and creating housing goals, policies, and quantified objectives, allows her to develop creative solutions for communities facing complex housing challenges.

Schedule
We estimate that this work can be completed in five weeks, assuming staff is available to answer any critical questions or to provide additional data, as needed, and pending HCD staff availability. Rincon anticipates preparation of a proposal and cost estimate for Phase 2 based on the findings of the Draft 6th cycle Housing Element Work Plan Report.

Phase 1
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update Work Plan 5 Cost Estimate
The estimated budget for this assignment would be $12,138.00. Billing rates are pursuant to the Agreement for Professional Services between the City and Rincon dated September 26, 2022. We are prepared to initiate work immediately upon execution of a contract and receipt of a notice to proceed.

Task Cost Estimate
Task 1 Document Review $2,365
Task 2 Meeting with HCD Staff $2,080
Task 3 Recommendations Report $6,463
Task 4 Project Management $1,230
Project Total $12,138
We appreciate the opportunity to assist the City of Malibu. This proposal is valid for 30 days and is fully negotiable to meet the City’s needs for this assignment. If you have any questions about this proposal, please contact Lilly Rudolph at 805-947-2847 or [email protected], or Emily Green at 619-880-5426 or [email protected].

Sincerely,
Rincon Consultants, Inc.

Lilly Rudolph, MPA, AICP
Senior Program Manager
Kimiko Lizardi
Principal, Environmental and Long Range
Planning
Phase 1

Rincon Consultants, Inc.
180 North Ashwood Avenue
Ventura, California 93003
805-644-4455
www.rinconconsultants.com
June 21, 2023
Rincon Project No. 23-14425
Richard Mollica, Planning Director
City of Malibu
Planning Department
23825 Stuart Ranch Road
Malibu California 90265
Via email: [email protected]
Subject: Proposal for City of Malibu 6th Cycle Housing Element Update Rincon Consultants appreciates the opportunity to submit this proposal in coordination with Veronica Tam and Associates (VTA) to assist the City of Malibu with revising the adopted 6th Cycle Housing Element update. Work related to this project will be performed pursuant to Rincon’s Agreement for Professional Planning Services dated September 26, 2022.

We have assembled a team of highly skilled planning and housing professionals with extensive experience with both the technical and policy aspects of Housing Element updates. We are proud of our team’s ability to work effectively with City staff, decision-makers, and the California Department of Housing and Community Development (HCD) to develop innovative approaches and solutions to prepare a substantially compliant Housing Element that is also consistent with the City’s General Plan vision to “protect that environment and lifestyle, and to preserve unaltered natural resources and rural characteristics” of the city.

Enclosed is a scope of work that describes scope of work services, followed by a cost estimate, and a project schedule. Rincon’s scope of services is fully negotiable to ensure the proposal meets the City’s needs for this work effort.

Project Understanding
On January 10, 2022, the City Council approved Resolution No. 22-67 adopting the Revised Draft Housing Element, which was submitted to HCD on January 20, 2022. HCD provided a comment letter dated March 22, 2022 with a list of revisions necessary to comply with state housing law. Rincon provided consultant services to determine the best approach to address HCD’s comments on the adopted 6th cycle Housing Element. As part of this work, also referred to as Phase 1 of this project, Rincon facilitated a meeting with HCD and City staff and delivered a letter outlining the suggested approach to revise the Housing Element.

Phase 2 involves the preparation of revisions to the adopted Housing Element to address HCD comments. We anticipate that no additional California Environmental Quality Act (CEQA) documentation will be necessary as part of this project because future revisions would not affect the City’s previous determination that the project is exempt from CEQA.

Phase 2Pha
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update 2 Scope of Work
The scope of work described below is based on the Rincon team’s experience both preparing and revising previously drafted 6th cycle Housing Element updates, taking into account a reasonable, likely course of action. The scope of work also builds upon our extensive planning experience in Malibu, previous review of HCD comment letters and relevant City documents, and feedback provided by HCD staff during our April 27, 2023 meeting. Unforeseen or unusual circumstances that may occur could alter the scope of work and require additional coordination, data gathering, and analysis. Rincon cannot guarantee the response of the decision-making agencies or the outcome of their actions nor can Rincon guarantee if and/or when HCD will find the Housing Element to be substantially compliant with state law. This scope of work is not intended to offer or constitute legal advice. It is recommended that City staff consult the City Attorney regarding any legal questions related to the Housing Element update.

Task 1 Project Management
The Rincon team will provide project management support, including up to 25 biweekly meetings for working sessions, timeline and status updates, and hearing preparation, quality control, and internal team coordination. As part of this task, Rincon’s project manager and Veronica Tam will conduct 30- minute virtual biweekly meetings with City staff to proactively identify project issues, identify potential solutions, and coordinate with the team and City staff on the best course of action. Rincon will prepare and maintain a detailed project schedule to be used throughout the life of the project, highlighting key milestones and work product delivery dates. Rincon will also create a SharePoint site for Rincon, VTA, and City staff to efficiently share documents.

Deliverables
 Attendance at up to 25 half-hour biweekly calls, along with brief agendas and action items/assignments
 Monthly invoices
 Development and ongoing maintenance of project timeline Task 2 Housing Element Update
The Rincon team will revise the adopted Housing Element, building on work completed by the previous consultant team. Revisions will be limited to addressing comments contained in the letters from HCD dated October 22, 2021 and March 2, 2022, direction from City staff, compliance with new state law, and any other feedback received from HCD, with the goal of retaining existing content and analysis in the adopted Housing Element to the extent feasible. All revisions made to the adopted Housing Element will be shown as tracked changes.

Task 2.1 Data Gaps Analysis
The Rincon team will review and assess the adopted Housing Element, associated technical information, data available from regional and state governments, and other pertinent information in accordance with HCD guidance to identify data gaps. During this review, the Rincon team will identify and outline any data deficiencies/gaps, additional analysis and engagement efforts, if any, needed to support completion of the 6th cycle Housing Element. The Rincon team will provide a formal data request to help the City in compiling necessary data and documents within one week of the kick-off meeting.

Phase 2
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update 3 Deliverable
 List of data needs (MS Word or Excel, via the project SharePoint site), regularly updated to reflect received data
Task 2.2 Review of Past Accomplishments
The Rincon team will revise the existing Review of Past Accomplishments section in response to HCD’s comment letters, in compliance with State Housing Element law and HCD’s Completeness Review Checklist. This section will be revised to include details of current City program outcomes accomplished during the 5th housing cycle and an assessment of the effectiveness of the City’s current programs relevant to the needs of special housing needs groups. Rincon will submit a draft, red-lined revised Review of Past Accomplishments section to the City for review. Rincon will respond to one round of consolidated City comments on the updates to the revised Review of Past Accomplishments section and will incorporate revisions in the Revised Adopted Housing Element (Task 2.9).

Deliverable
 Red-lined revised Review of Past Accomplishments (MS Word) Task 2.3 Revise Housing Needs Assessment
The Rincon team will revise the existing Housing Needs Assessment section in response to HCD’s comment letters, in compliance with State Housing Element law and HCD’s Completeness Review Checklist. Rincon will revise the Housing Element to analyze the housing access and needs of extremely low-income households, pursuant to HCD’s comment letter. Rincon will submit a draft, redlined revised Housing Needs Assessment section to the City for review. Rincon will respond to one round of consolidated City comments on the updates to the revised Housing Needs Assessment section and will incorporate revisions in the Revised Adopted Housing Element (Task 2.9).

Deliverable
 Red-lined revised Housing Needs Assessment, and findings incorporated into other relevant sections (MS Word)
Task 2.4 Revise Housing Resources and Site Inventory
The Rincon team will revise the Housing Resources section and the Site Inventory in response to HCD’s comment letter, in compliance with State Housing Element law and HCD’s Completeness Review Checklist. Efforts will largely be focused on removing uncessary sites in the existing site inventory and providing additional supporting analysis of remaining sites.

Rincon will submit a draft, red-lined revised Housing Resources section and a draft revised Site Inventory to the City for review. Rincon will respond to one round of consolidated City comments on the updates to the revised Housing Resources section, figures, and the site inventory and will incorporate revisions in the Revised Adopted Housing Element (Task 2.9). In addition, Rincon assumes the following:
 No edits or corrections to parcel or base data will be necessary.  Rincon will rely on SCAG and/or County data if City data is not available or adequate.  Rincon can rely on the sites identified in the existing 6th cycle Adopted Housing Element. While we may recommend removing previously identified sites, no new sites will be added.

Phase 2
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update 4 Deliverables
 Revised Housing Resources analysis, and findings incorporated into other relevant sections (MS Word)
 Revised Site Inventory (Excel)
Task 2.5 Revise Housing Constraints Analysis
The Rincon team will revise the existing Housing Constraints analysis in response to HCD’s comment letter and to comply with State Housing Element law and HCD’s Completeness Review Checklist. This analysis must contain a review of factors that may potentially constrain the development of new housing and the improvement and preservation of existing housing in Malibu. The Housing Element should be revised to fully analyze the impact of the development standards contained in the Malibu Local Coastal Program (LCP) and Malibu Municipal Code (MMC) and fees, and processing and permitting procedures on residential development. The Rincon team will identify constraints to housing development, particularly for special needs populations, and updates necessary to comply with applicable laws and regulations. Rincon will submit a draft, red-lined revised Housing Constraints section to the City for review. Rincon will respond to one round of consolidated comments and will incorporate revisions in the Revised Adopted Housing Element (Task 2.9).

Deliverable
 Revised Housing Constraints analysis, and findings incorporated into other relevant sections (MS Word)
Task 2.6 Revise Assessment of Fair Housing
The Rincon team will revise the existing Assessment of Fair Housing in response to HCD’s comment letter and to comply with State Housing Element law and HCD’s Completeness Review Checklist. The Assessment of Fair Housing discusses new Housing Element law (Government Code Section 65583), which requires jurisdictions to examine barriers to fair housing and ensure housing programs are implemented in a manner to affirmatively further fair housing. Data will be updated as needed using HCD’s Affirmatively Furthering Fair Housing (AFFH) data viewer, and the latest data from SCAG, precertified by HCD in April 2021. Rincon will submit a draft, red-lined revised Assessment of Fair Housing section to the City for review. Rincon will address one round of consolidated City comments on the revised Assessment of Fair Housing in the Revised Adopted Housing Element (Task 2.9).

Deliverables
 Revised Assessment of Fair Housing (MS Word)
 Additional programs for inclusion in the Housing Plan Task 2.7 Revise Housing Plan
The Rincon team will revise the existing Housing Plan in response to HCD’s comment letter and to be consistent with State Housing Element law and HCD’s Completeness Review Checklist. All programs are to be reviewed to ensure they are specific, contain concrete actions, discrete timeframes, measurable outcomes, and responsible agencies. Based upon the analysis and research conducted in the previous tasks, the Rincon team will revise existing goals, policies, and programs and will identify and recommend new programs, if necessary. Any new programs or implementation measures would be based on our professional opinion of revisions necessary to obtain compliance with State Housing Phase 2
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update 5 Element law. Rincon will submit a draft, red-lined revised Housing Plan to the City for review. The Rincon team will address one round of consolidated City comments and will incorporate revisions in the Revised Adopted Housing Element (Task 2.9).

Deliverable
 Revised Housing Plan (MS Word)
Task 2.8 Revise Description of Public Participation
The Rincon team will revise the description of public participation conducted to date, the time allowed for input, and how input received was considered and incorporated. Rincon may recommend that additional outreach should be taken to meet HCD requirements. Rincon will submit a list of recommended additional engagement activities to the City. The revised description of public participation will be reviewed by the City as part of the review of the Revised Adopted Housing Element (Task 2.9).

Deliverable
 List of recommended supplemental public engagement efforts (MS Word and pdf), if necessary Task 2.9 Revised Adopted Housing Element
The Rincon team will prepare an updated Revised Adopted Housing Element based on analysis, research, and comments/discussions from the previous tasks. Rincon will submit a draft, red-lined Revised Adopted Housing Element. Rincon will respond to one round of consolidated comments on the Revised Adopted Housing Element. We will incorporate staff comments in the Public Review version of the Revised Adopted Housing Element. It is anticipated that the Revised Adopted Housing Element will have a public review period of seven days prior to submittal to HCD. Following public review, Rincon will compile public comments received during the seven-day public review period, and edit the document pursuant to City staff direction. Prior to formal submittal, the Rincon team will arrange a virtual meeting with HCD staff to review the revisions and to seek preliminary feedback and will make further revisions accordingly. Rincon will electronically submit the Housing Element to HCD for a 60-day formal review.

Deliverables
 Red-lined Revised Adopted Housing Element (Word)
 Red-lined Public Review version of the Revised Adopted Housing Element (Word and PDF)  Revised Adopted Housing Element for HCD Review, including response to public comments (Word and PDF)
 Updated HCD comment and response matrix (Word and PDF)  Electronic submittal of Housing Element (PDF) and Site Inventory (Excel) to HCD Task 2.10 HCD Review and Revision
Upon receipt of HCD comments following the 60-day review, the Rincon Team will update the Revised Adopted Housing Element pursant to any additional HCD comments and will prepare the document for City Council review and readoption. The Rincon team will arrange and facilitate one (1) two-hour meeting with HCD staff to discuss comments and review revisions. The Rincon team will submit a draft, Phase 2
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update 6 red-lined Revised Adopted Housing Element. The Rincon team will respond to one round of consolidated comments on the Revised Adopted Housing Element prior to the City Council meeting.

Deliverables
 Revised Adopted Housing Element (Word and PDF)
Task 3 City Council Meeting
Veronica Tam and Rincon’s project manager will present the Housing Element at one City Council meeting and respond to questions as directed by City staff. The Rincon team’s participation will be conducted virtually. Additional public hearings will be billed on a time and materials basis, per Rincon’s billing rates in effect at the time the service is provided.

Deliverables
 Power Point presentation
Task 4 Post-Readoption HCD Review
Task 4.1 Post-Readoption Submittal to HCD
After readoption of the Revised Housing Element (Task 3), the Housing Element must be resubmitted to HCD for an additional 60-day formal review. We estimate a cost of $3,434 (16 hours of professional staff time) to revise the document pursuant to City Council direction prior to resubmittal to HCD. It is assumed that Rincon will submit the Revised Housing Element electronically and City staff will submit a hard copy of the Housing Element to HCD. City staff will provide Rincon with the adoption resolution and any related ordinances to include as part of the electronic submittal to HCD.

Task 4.2 Certification
HCD may require multiple subsequent rounds of review of the Housing Element prior to certification; therefore, the exact level of effort required for this task is unknown at this time. For the purpose of this proposal, the Rincon Team estimates an additional $9,170 (39 hours of professional staff time) to address any additional HCD comments, which includes one virtual meeting with HCD to discuss comments. If comments received are more extensive than originally anticipated, and additional time is required to address HCD comments, a scope and cost amendment will be needed. Additional labor will be provided on a time and materials basis billed at rates in effect that that time. Included in this task is budget related to document finalization and an additional electronic submittal to HCD.

Deliverables
 Electronic submittal of documentation to HCD for certification Assumptions
Rincon assumed the following in developing our scope of work and cost estimate:
 All deliverables will be provided electronically in PDF and/or Word format. Comments from the City will be provided as a consolidated set of comments in editable electronic format (i.e., as track changes in MS Word). The City would be responsible for printing all hard copy documents.  All meetings, including the City Council meeting, will be conducted virtually.

Phase 2
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update 7 In the event that services extend beyond the expiration date of August 30, 2024, Rincon reserves the right to negotiate hourly rates pursuant to a contract amendment.

We appreciate the opportunity to assist the City of Malibu. This proposal is valid for 30 days and is fully negotiable to meet the City’s needs for this assignment. If you have any questions about this proposal, please contact Lilly Rudolph at 805-947-2847 or [email protected].

Sincerely,
Rincon Consultants, Inc.

Lilly Rudolph, MPA, AICP
Senior Program Manager
Brenna Weatherby
Principal
Phase 2
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update 8 Cost Estimate
Rincon will complete the work program described herein for a cost not to exceed $181,333. Any additional tasks not identified herein will be completed only upon authorization and in accordance with the rates shown in the table below.

The estimated cost indicates an estimated contingency of 20 percent.

Rincon Labor Classification
Principal II Principal ISenior Supervisor IISenior Professional IProfessional I V
Professional IISenior GIS SpecialistGIS/CADD Specialist IIProduction SpecialistClerical Tasks Labor Cost Direct Expense Hours $295 $285 $258 $208 $184 $153 $164 $146 $105 $95 Task 1 Project Management
Project Management $27,706 124 15 30 70 4 5
Task Subtotal $27,706 124 15 30 70 4 5
Task 2 Housing Element Update

2.1 Data Gaps Analysis $4,660 10 10

2.2 Review of Past Accomplishments $3,510 17 1 15 1

2.3 Revise Housing Needs Assessment $3,566 19 1 2 15 1

2.4 Revise Housing Resources and Site
inventory
$12,091 63 1 3 25 25 7 2

2.5 Revise Housing Constraints Analysis $7,737 40 1 3 12 20 2 2

2.6 Revise Assessment of Fair Housing $17,715 93 1 5 20 60 5 2

2.7 Revise Housing Plan $14,464 75 3 25 45 2

2.8 Revise Description of Public
Participation
$3,636 17 2 15

2.9 Revised Adopted Housing Element $15,573 75 2 20 25 20 3 5

2.10 HCD Review and Revision $12,260 56 3 20 25 5 3
Task Subtotal $95,212 455 10 66 174 185 22 18
Task 3 City Council Meeting
Public Hearings $4,999 $340 21 3 8 10
Task Subtotal $4,999 $340 21 3 8 10
Task 4 Post-Readoption HCD Review

4.1 Post-Readoption Submittal to HCD $4,036 21 1 5 4 6 5

4.2 Certification $9,468 44 3 12 24 5
Task Subtotal $9,468 44 3 12 24 6 5
City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update 9 Rincon Labor Classification
Principal II Principal ISenior Supervisor IISenior Professional IProfessional IVProfessional IISenior GIS SpecialistGIS/CADD Specialist IIProduction SpecialistClerical Tasks Labor Cost Direct Expense Hours $295 $285 $258 $208 $184 $153 $164 $146 $105 $95 Task 5 VTA (Subconsultant) $23,000
Task Subtotal $23,000 644
Subtotal $ 137,385 $ 23,340 600 31 116 278 191 4 22 23 5 Contingency $20,608
Direct Cost Detail Cost
Vehicle Costs $340
Contingency $20,608
Subconsultant Fee $23,000
Direct Costs Subtotal $43,948
Summary Cost
Professional Fees Subtotal $137,385
Direct Costs Subtotal $43,948
Total $181,333
Professional Services. Professional Services are based on Rincon's standard fee schedule and labor classifications pursuant Rincon’s Agreement for Professional Planning Services and amendment(s) in effect at the time work is performed. The above is provided as an estimate of Rincon's effort per task. Rincon may reallocate budget between staff and tasks, as long as the total contract price is not exceeded.

Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms.

City of Malibu
Proposal for City of Malibu 6th Cycle Housing Element Update 10 Project Schedule
The Rincon team is prepared to begin the work program described in this proposal immediately upon authorization to proceed. As depicted on the following chart, Rincon proposes to adhere to a schedule that allows the Revised Adopted Housing Element to be submitted for HCD review within about 7 months from the kickoff meeting and readoption of the Housing Element update within approximately 13 months.

Task/Deliverable Timeline
Rincon submits administrative draft sections to City for review October 27, 2023 Public Review January 16-24, 2024 (assuming 7-day public review) Submittal of updated draft housing element to HCD February 8, 2024 Readoption of housing element Late July/early August 2024 Submittal of readopted housing element to HCD to obtain compliance with State Housing Element Law August 2024 Schedule

Page 1 of 2 ends

Agenda Item # 3.B.7.

Council Agenda Report
To: Mayor Grisanti and the Honorable Members of the City Council Prepared by: Julie Santia, Associate Engineer
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: August 30, 2023 Meeting date: September 25, 2023 Subject: Acceptance of Storm Drain Trash Screen Installation Phase II Project RECOMMENDED ACTION: 1) Accept the work performed by United Storm Water, Inc. for the Storm Drain Trash Screen Installation Phase II Project, Specification No. 2102 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

FISCAL IMPACT: There is no fiscal impact with accepting the work as complete. Funding for this project is included in the Adopted Budget for Fiscal Year 2022-23 Account No. 310-9104-5100-00 (Storm Drain Trash Screens Phase Two). This project is funded using Measure W.

WORK PLAN: This item was included as a 4.r item in the Adopted Work Plan for Fiscal Year 2022-23. Staff continue to work on ongoing projects and normal business while the FY 2023-24 Work Plan is finalized.

DISCUSSION: On May 8, 2023, City Council awarded the Storm Drain Trash Screen Installation Phase Project to United Storm Water, Inc. This project included the installation of trash screens on seven (7) storm drain inlets on John Tyler Drive, Roca Chica Drive and Piedra Chica Drive. In compliance with the Los Angeles Regional Water Quality Control Board (Regional Board) mandates to reduce the amount of trash entering the storm drain system.

The work is now complete. Staff recommends the City Council to accept the work performed by United Storm Water, Inc. and authorize the Public Works Director to submit for recordation a Notice of Completion for the project.

City Council Meeting
09-25-23
Item

3.B.7.

Page 2 of 2 ends

Agenda Item # 3.B.7.

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

ATTACHMENTS: None.

Page 1 of 2 ends

Agenda Item # 3.B.8.

Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: September 6, 2023 Meeting date: September 25, 2023 Subject: Professional Services Agreement with Managed Career Solutions RECOMMENDED ACTION: Authorize the City Manager to execute a Professional Services Agreement with Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers (MCS) for the removal of non-native vegetation and thinning of native vegetation at Legacy Park.

FISCAL IMPACT: No additional appropriation is required. Funding for this project is included in the Adopted Budget for FY 2023-24 in Account No. 100-4010-5725-00 (Park Maintenance – Trash Pickup/Recycling). Funding for personnel will be provided by the Federal Workforce Innovation and Opportunity Act administered through the California Employment Development Department (EDD). MCS has secured funding through the EDD.

WORK PLAN: This item was included as item #5.e. 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: Legacy Park opened to the public on October 2, 2010. The park features five native plant habitat areas, including Coastal Bluffs, Riparian Corridor, Coastal Prairie, Woodland, and Wet Meadow. During construction, the park was planted using hand planting and seed broadcasting methods, with the original plant pallet consisting of over 700 trees, shrubs, and thousands of native plants.

Within 18 months of the original planting, staff observed a significant decline in the diversity and health of the landscape. Several species of plants had failed, and the health of the tree population had also declined, with only 50% of the original trees surviving by 2013. Several small revegetation projects took place between 2013 and City Council Meeting
09-25-23
Item

3.B.8.

Page 2 of 2 ends

Agenda Item # 3.B.8.
2015; however, those were met with limited success, and only 10% of the planted trees survived.

Since 2018, staff has worked with MLA Green dba Studio-MLA to complete the Legacy Park Rehabilitation Project (Project). The primary goal of the Project was to study the cause of a significant decline in diversity and health of the landscape. While working with the Consultant, the plant life in Legacy Park has significantly improved, and the Consultant has provided staff with essential knowledge regarding the types of native plant species that can thrive in the salty conditions at Legacy Park. This month, the Agreement with Studio MLA ended, and the Consultant provided long-term rehabilitation and maintenance plans to ensure the continued success of a healthy park habitat.

As part of the Legacy Park long-term rehabilitation and maintenance plan, Studio MLA suggested continuously removing non-native plant species. Additionally, staff has identified overgrown areas of the park, which require thinning of native species. Many hired staff are needed to complete the hand weeding necessary for the ongoing maintenance, which follows the City’s Earth Friendly Management Policy.

Staff contacted and identified a grant opportunity to work through Managed Career Solutions (MCS) to complete the manual landscape work at Legacy Park. MCS will hire a crew of five individuals to remove non-native plants and thin, overgrown native plants three days a week for six hours daily. The work will occur for eight weeks or until funding is depleted. The City previously worked with MCS to complete the trail clearance and remediation work at Charmlee Wilderness Park and non-native plant removal at Trancas Canyon Open Space.

ATTACHMENTS: Professional Services Agreement with Managed Career Solutions

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of ____________________ by and between the City of Malibu (hereinafter referred to as the "City"), and Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medial Careers (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 the removal of nonnative plant species and the thinning of overgrown native plant species at Legacy Park, abiding by the City’s Earth Friendly Management Policy (EFMP).

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 September 27, 2023, and will remain in effect for a period of one year 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 designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his designee, has the authority to provide that approval or authorization.

4.0 COMPENSATION FOR SERVICES. The cost of Consultant’s services shall be zero dollars ($0). No other compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his designee. 


 

 


25
Attachment 1
Agreement for Professional Services
Managed Career Solutions

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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.

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. 


 

 


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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 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, 


 

 


Agreement for Professional Services
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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 singular shall refer to and include the plural.



 

 


Agreement for Professional Services
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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 nevertheless continue in full force without being impaired or invalidated in any way. 


 

 


Agreement for Professional Services
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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: Philip Starr, PsyD
City Manager Executive Director
City of Malibu Managed Career Solutions, SPC
23825 Stuart Ranch Road 3333 Wilshire Blvd. #405
Malibu, CA 90265-4861 Los Angeles, CA 90010
TEL (310) 456-2489 x 224 TEL (213) 355-3512
FAX (310) 456-2760

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

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

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


 

 


Agreement for Professional Services
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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 _______________, 2023, at Malibu, California, and effective as of September 27, 2023.

CITY OF MALIBU:
___________________________________
STEVE McCLARY, City Manager
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk (seal)
CONSULTANT:
____________________________________
By: PHILIP STARR, PsyD, Executive
Director
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney



 

 




EXHIBIT A
Scope of Work
Legacy Park Nonnative Plant Removal and Native Plant
Thinning

1. Background
Legacy Park, located at 23500 Civic Center Way, Malibu, CA 90265 (Location), is owned by the City of Malibu. The property encompasses approximately 15 acres of passive use parkland and trails that includes populations of nonnative plants and overgrown native plants which the City seeks to remove following the guidelines of the City’s Earth Friendly Management Policy (EFMP).

2. Scope of Work
General Specifications
The Consultant shall provide skilled and adequately trained personnel to perform the clearance of nonnative plant species and the thinning of overgrown native plant species at Legacy Park.

The Consultant shall not subcontract any portion of the Agreement, or any additions made to the Agreement without first receiving approval from the Community Services Director.

All persons engaged in the scope of work shall be considered employees of the Consultant, with the supervisor being directly responsible for their work.

Weed Removal Site
The Consultant will remove nonnative plant species and thin, overgrown native plant species at Legacy Park from approximately 15 acres of parkland outlined in Attachments 1 and 2, which includes the priority areas.
x Legacy Park (Attachment 1)
x Legacy Park Priority Map – marked priority areas (Attachment 2) Tools and Clearance
The Consultant shall perform all work by following the best industry standards of landscape maintenance, workmanship, safety practices, and standards of cleanliness. All work shall be performed without the use of poisons, including pesticides, herbicides, insecticides, and rodenticides.

The Consultant may use mechanical methods or hand tools to perform the clearance of nonnative plant species and the thinning of overgrown native plant species. All work must be completed following the City’s EFMP.

Vehicles, including utility vehicles (UTVs or RTVs), cannot be used at the Location unless approved by the Community Services Director and/or her designee. 


 

 


September 27, 2023
Exhibit A Scope of Work
Managed Career Solutions
PAGE 2 of 4
Debris and green waste will be removed by the Consultant and placed in the appropriate waste bins.

The Consultant will use existing soil to backfill plant removal locations. The introduction of new materials for erosion control methods must be approved by the Community Services Director and/or her designee before installation.

Hours and Access
The Consultant will coordinate priority areas and timelines with the Community Services Director and/or her designee. The timelines must be approved before work is performed and/or scheduled.

The Consultant may have access to Malibu Equestrian Park and work at Legacy Park from 8:00 AM to 4:00 PM Monday through Friday. The Consultant cannot work on legal holidays.

The Consultant cannot use mechanical tools such as but not limited to weed trimmers, edgers, or leaf blowers on Red Flag Warning Days. All mechanical tools must be electric powered; gas leaf blowers are prohibited in the City of Malibu (MMC 8.24.050).

The Consultant may park their vehicles in the designated parking lot at Legacy Park.

The Consultant will secure and store all tools in the designated storage at Malibu Equestrian Park, 6225 Merritt Drive Malibu, CA 90265.

The Consultant shall adequately secure keys, other entry devices, and codes provided by the City. The Consultant shall maintain a record of the keys or codes issued to its employees. The Consultant shall not allow such items to be duplicated or removed from The Malibu Equestrian Park or Legacy Park.

Reporting and Communication
The Consultants crew(s) shall work under the supervision of a Contractor designated Lead Worker. All working employees must be at least eighteen (18) years of age. All employees must be able to follow directions and physically capable of the duties assigned to them.

At the request of the Community Services Director and/or her designee, the Consultant may be requested to provide copies of daily inspection forms, log-in sheets, or other reporting documents related to the Scope of Work.

The Consultant will report any maintenance or safety concerns to the Community Services Director and/or her designee via email or telephone by the next business day.

The Consultant will contact the Los Angeles County Sheriff Department Lost Hills Division to report crimes or illegal activity. The Consultant will remain on-site until Sheriff’s Deputies arrive and report the incident to the Community Services Director and/or her designee via email or telephone within 12 hours.



 

 


September 27, 2023
Exhibit A Scope of Work
Managed Career Solutions
PAGE 3 of 4
ATTACHMENT 1
Legacy Park
23500 Civic Center Way
Malibu, CA 90265



 

 


September 27, 2023
Exhibit A Scope of Work
Managed Career Solutions
PAGE 4 of 4
ATTACHMENT 2
Legacy Park Priority Map
23500 Civic Center Way
Malibu, CA 90265
Priority 1: Yellow Highlight
Priority 2: All other park areas outlined in red



 

 


City of Malibu
Memorandum

Page 1 of 1 ends

Agenda Item # 3.B.9.

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

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

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

The City’s portfolio is invested in the following categories:

Cash and Cash Equivalents 18.57%
U.S. Treasury 77.24%
U.S. Agencies 0.00%
Certificates of Deposit 10.19%
Investments month to month:

Investment
Issuer/Instrument Type
July 31, 2023 August 31, 2023
Amount
(in millions) Yield(A) %
Amount
(in millions) Yield(A) %
Operating Cash(B) Cash $12.10 4.68% 11.89%
LAIF Investment $25.54 3.39% 27.26% $ 2.04 3.52% 2.00%
CDs Investment $10.37 4.64% 11.16% $10.37 4.64% 10.19%
Treasury Bills Investment $15.15 4.97% 16.25% $10.08 5.12% 9.91% Treasury Notes Investment $37.59 3.88% 40.41% $62.41 3.88% 61.33% Money Market Investment $ 4.59 4.40% 4.93% $ 4.77 5.13% 4.68% Blended Yield 4.03% 4.23%
Total Duration(Years) 0.89 1.18
(A)Yield is based on Purchase Yield for Treasury Bills
(B)
Beginning with the August 31, 2023 Investment Report, operating cash held with First Bank now included 2-Year U.S. Treasury Note Benchmark, as of August 31, 2023: 4.85% The fair market value of all investments as held by the City is $101,761,593 as of August 31, 2023.

ATTACHMENTS:

1. City of Malibu Portfolio Statement

2. City of Malibu Investment Portfolio Report
City Council Meeting
09-25-23
Item

3.B.9.






  

 

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City of Malibu
Revised Memorandum

Page 1 of 1 ends
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