Agenda packet, second session — Malibu City Council, October 23, 2023 (part 1 of 6)

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Meeting Agenda
CC231023_AGENDA.PDF
Item 3A1
Second Reading and Adoption of Ordinance No. 512
CC231023_ITEM 3A1.PDF
Item 3B2
Approve Warrants
CC231023_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC231023_ITEM 3B3.PDF
Item 3B4
Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
CC231023_ITEM 3B4.PDF
Item 3B5
Amendment to Agreement with Fox Weather, LLC
CC231023_ITEM 3B5.PDF
Item 3B6
Award Trancas Canyon Park Upper and Lower Slopes Repair Project

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. Documents:

CC231023_ITEM 3B5.PDF
Item 3B6
Award Trancas Canyon Park Upper and Lower Slopes Repair Project CC231023_ITEM 3B6.PDF
Item 3B7
Amendment to Professional Services Agreement with 30 Three Sixty Public Finance, Inc.

CC231023_ITEM 3B7.PDF
Item 3B8
Resolution Extending the Declaration of the COVID-19 Local Emergency CC231023_ITEM 3B8.PDF
Item 3B9
CalTrans Solstice Canyon Creek Beautification Project
CC231023_ITEM 3B9.PDF
Item 3B10
Information Technology Strategic Plan Consultant Award
CC231023_ITEM 3B10.PDF
Item 3B11
Agreement for Video Broadcast Services
CC231023_ITEM 3B11.PDF
Item 3B12
Agreement for Human Resources Support Services
CC231023_ITEM 3B12.PDF
Item 3B13
Community Development Block Grant – Disaster Recovery MHP Program Funding

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:

14. CC231023_ITEM 3B12.PDF
Item 3B13
Community Development Block Grant – Disaster Recovery MHP Program Funding CC231023_ITEM 3B13.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 October 9, 2023) CC231023_ITEM 4A.PDF
Item 6A
Malibu Community Labor Exchange Permanent Office Project Update CC231023_ITEM 6A.PDF
Item 6B
MOU and License Agreement with Zuma Beach FM Emergency and Community Broadcasting, Inc. (KBUU) for a Booster Antenna at Malibu Bluffs Park CC231023_ITEM 6B.PDF
Item 6C
Veterans Day Recognition Ceremony Fee Waiver
CC231023_ITEM 6C.PDF
Item 6D
Community Christmas Tree Lot Fee Waiver
CC231023_ITEM 6D.PDF
Item 6E
Consideration of Gift of Smart Coast California Membership Fees from Councilmember Grisanti
Documents:

14. Documents:

15. Documents:

16. Documents:

17. Documents:

18. Documents:

19. Documents:

20. CC231023_ITEM 6D.PDF
Item 6E
Consideration of Gift of Smart Coast California Membership Fees from Councilmember Grisanti
CC231023_ITEM 6E.PDF
Item 7A
Smart Coast California Presentation (Councilmember Grisanti) CC231023_ITEM 7A.PDF
Item 7B
Council Appointment to the Planning Commission
CC231023_ITEM 7B.PDF

20. Documents:

21. Documents:

22. Documents:

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

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

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

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

Malibu City Council
Regular Meeting Agenda
Monday, October 23, 2023
5:30 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/81900158674
Five-thirty p.m. Convene for Purpose of Closed Session
Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
City Council Regular Meeting Agenda Page - 2 - October 23, 2023 Recess to Closed Session (to be held in the Westward Room) This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.9. Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting.

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

Conference with Legal Counsel – Anticipated Litigation

1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (1)

2. Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Communication from California Department of Housing and Community Development Regarding Noncompliance with Housing Element Deadlines
Number of potential cases: (1)
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Session Report
Report on Posting of Agenda – October 13, 2023
Approval of Agenda

1. Ceremonial/Presentations
A. Update on Slope Failure 2023

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

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

3. Consent Calendar
A. Previously Discussed Items
City Council Regular Meeting Agenda Page - 3 - October 23, 2023

1. Second Reading and Adoption of Ordinance No. 512
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 512, an ordinance of the City of Malibu amending LCPA No. 21-002, Zoning Text Amendment (ZTA) No. 22-002, and Zoning Map Amendment (ZMA) No. 22-001, as adopted by Ordinance No. 501 and pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the California Environmental Quality Act and consistent with the EIR for the project with no further environmental review under CEQA required.

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

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

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 70479-70591 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. 734 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,810,470.94. City of Malibu payroll check number 5377-5381 and ACH deposits were issued in the amount of $575,804.12.

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

3. Approval of Minutes
Recommended Action: Approve the minutes for the January 23, 2023 Malibu City Council Regular meeting, and February 13, 2023 Malibu City Council Regular meeting.

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

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

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 City Council Regular Meeting Agenda Page - 4 - October 23, 2023

5. Amendment to Agreement with Fox Weather, LLC
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Professional Services Agreement with Fox Weather, LLC to allow for a two-year extension for quantitative weather forecasting services.

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

6. Award Trancas Canyon Park Upper and Lower Slopes Repair Project Recommended Action: 1) Authorize the Mayor to execute a construction contract with GMZ Engineering, Inc. in the amount of $1,599,001 for the Trancas Canyon Park Upper and Lower Slopes Repair Project, Specification No. 2092; 2) Authorize the Public Works Director to approve potential change orders up to 15% of the contract; and 3) Appropriate $1,117,655 in Account No. 102-9209-5100 (Trancas Canyon Park Repairs).

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

7. Amendment to Professional Services Agreement with 30 Three Sixty Public Finance, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with 30 Three Sixty Public Finance, Inc. to allow for a two-year extension of the existing agreement through October 12, 2025, for Assessment Engineering Services for the formation and administration of an assessment district for Civic Center Water Treatment Facility Phase Two (CCWTF Phase Two).

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

8. Resolution Extending the Declaration of the COVID-19 Local Emergency Recommended Action: Adopt Resolution No. 23-49 extending the declaration of the existence of a local emergency.

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

9. CalTrans Solstice Canyon Creek Beautification Project Recommended Action: Approve the recommendation from the Malibu Arts Commission to withdraw the City's involvement with the California Department of Public Transportation Solstice Canyon Creek Beautification Project.

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

10. Information Technology Strategic Plan Consultant Award Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with SDI Presence LLC for information technology administrative services in an amount not to exceed $85,780.

Staff Contact: Interim Deputy City Manager Houston, 456-2489, ext. 254 City Council Regular Meeting Agenda Page - 5 - October 23, 2023

11. Agreement for Video Broadcast Services
Recommended Action: 1) Authorize the Mayor to execute Professional Services Agreement with Pegasus Studios to provide Video Broadcast Services for City meetings and other City events in the amount of $150,000; and 2) Appropriate $115,500 from the General Fund Undesignated Reserve to Account Number 100-7002-5100 (Media Operations, Professional Services).

Staff Contact: Deputy City Manager Brown, ext. 456-2489, ext. 300

12. Agreement for Human Resources Support Services
Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Municipal Resource Group, LLC. to assist the City of Malibu with various human resource organization and operations, including strategy, recruitment, retention, training and HR Information Systems improvement.

Staff Contact: Deputy City Manager Brown, ext. 456-2489, ext. 300

13. Community Development Block Grant – Disaster Recovery MHP Program Funding Recommended Action: Receive an update on the Community Development Block Grant – Disaster Recovery (CDBG-DR) Multifamily Housing Project (MHP) program funding and consent to termination of the Master Standard Agreement between the City and the Department of Housing and Community Development (HCD).

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

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 October 9, 2023)
Recommended Action: Adopt Resolution No. 23-45 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 20-068 and Demolition Permit (DP) No. 20-028 for the demolition of an existing single-family residence and construction of a new 6,284 square foot single-family residence, 986 square foot basement, 510 square foot attached garage, 462 square foot detached garage, 471 square foot detached second unit, swimming pool, two spas, onsite wastewater treatment system (OWTS) and associated development; including Site Plan Review (SPR) No. 21-009 for construction up to 24 feet in height for a flat roof, located in the Rural Residential, One-Acre (RR-1) zoning district at 6734 Zumirez Drive (IBN Properties, LLC).

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

5. Old Business
None.

City Council Regular Meeting Agenda Page - 6 - October 23, 2023

6. New Business
A. Malibu Community Labor Exchange Permanent Office Project Update Recommended Action: Receive and file an update on the Malibu Community Labor Exchange Permanent Office Project.

Staff Contact: Interim Deputy City Manager Houston, 456-2489, ext. 254 B. MOU and License Agreement with Zuma Beach FM Emergency and Community Broadcasting, Inc. (KBUU) for a Booster Antenna at Malibu Bluffs Park Recommended Action: Authorize the Mayor to enter into a License Agreement and Memorandum of Understanding (MOU) with Zuma Beach FM Emergency and Community Broadcasting, Inc. (KBUU) to utilize Malibu Bluffs Park as the location for an FM booster station.

Staff Contact: Public Safety Manager Dueñas, 456-2489, ext. 313 C. Veterans Day Recognition Ceremony Fee Waiver
Recommended Action: Consider whether to approve the request from The Navy League to waive the facility use and staffing fees and incur event costs for the Veterans Day Recognition Ceremony.

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

Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350 E. Consideration of Gift of Smart Coast California Membership Fees from Councilmember Grisanti Recommended Action: Determine whether to accept a gift from Councilmember Grisanti to underwrite the cost of the City joining the Smart Coast California Municipal Collective for each year that he is on the City Council.

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

7. Council Items
A. Smart Coast California Presentation (Councilmember Grisanti) Recommended Action: At the request of Councilmember Grisanti, receive a presentation from Smart Coast California describing the organization’s purpose and their efforts to facilitate collaboration between local municipalities and state agencies, and determine whether to join the Smart Coast Municipal Collective group.

Staff Contact: City Manager McClary, 456-2489, ext. 228 City Council Regular Meeting Agenda Page - 7 - October 23, 2023 B. 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, November 13, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, November 27, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, December 11, 2023 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In person participants may surrender their time by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.

Itemsin Consent Calendar Section 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 Regular Meeting Agenda Page - 8 - October 23, 2023 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.

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 13th day of October 2023 at 4:00 p.m.

Kelsey Pettijohn, City Clerk

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Agenda Item # 3.A.1.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: October 10, 2023 Meeting date: October 23, 2023 Subject: Second Reading and Adoption of Ordinance No. 512 RECOMMENDED ACTION: Conduct second reading, unless waived, and adopt Ordinance No. 512, an ordinance of the City of Malibu amending LCPA No. 21-002, Zoning Text Amendment (ZTA) No. 22-002, and Zoning Map Amendment (ZMA) No. 22- 001, as adopted by Ordinance No. 501 and pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of the submitted LCPA application for the MMHS Campus Specific Plan Overlay District, and finding the action to be exempt from the California Environmental Quality Act and consistent with the EIR for the project with no further environmental review under CEQA required.

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

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: On October 9, 2023, the Council introduced on first reading Ordinance No. 512.

ATTACHMENT: Ordinance No. 512
City Council Meeting
10-23-23
Item

3.A.1.

ATTACHMENT 1
ORDINANCE NO. 512

AN ORDINANCE OF THE CITY OF MALIBU AMENDING LOCAL
COASTAL PROGRAM AMENDMENT NO. 21-002, ZONING TEXT
AMENDMENT NO. 22-002, AND ZONING MAP AMENDMENT NO. 22-001, AS ADOPTED BY ORDINANCE NO. 501 AND PURSUANT TO THE

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

FINAL CERTIFICATION OF THE SUBMITTED LOCAL COASTAL

PROGRAM AMENDMENT APPLICATION FOR THE MALIBU MIDDLE
AND HIGH SCHOOL CAMPUS SPECIFIC PLAN LOCATED AT 30215

MORNING VIEW DRIVE (SANTA MONICA-MALIBU UNIFIED SCHOOL
DISTRICT); AND FINDING THE ACTION TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT AND CONSISTENT

WITH THE EIR FOR THE PROJECT WITH NO FURTHER

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT REQUIRED
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Findings.

A. On September 27, 2022, the City Council adopted Ordinance No. 501 approving Local Coastal Program Amendment (LCPA) No. 21-002, Zoning Text Amendment (ZTA) No. 22- 002, and Zoning Map Amendment (ZMA) No. 22-001 to: A) add Section 3.4.6 to Local Coastal Program (LCP) Local Implementation Plan (LIP) Section 3.4 to incorporate the Malibu Middle and High School (MMHS) Campus Specific Plan into the LIP; B) exempt MMHS from the prohibition of electronic message center signs required by LIP Section 3.15.3; C) amend Malibu Municipal Code (MMC) section 17.42.020 to add Subsection “M.” to incorporate the MMHS Campus Specific Plan into the MMC consistent with the proposed LCPA language; D) exempt MMHS from the prohibition of electrical message center signs required by MMC Section

17.52.040; E) amend LCP Zoning Map No.2 to add a boundary line around the MMHS Campus Specific Plan Area, denoting the boundaries of the MMHS Campus Specific Plan area for three parcels (Assessor’s Parcel Map Numbers 4469-017-900, 4469-018-903, and 4469-018-904) located at 30215 Morning View Drive; F) add MMHS Campus Specific Plan Environmental Sensitive Habitat Area (ESHA) Restoration Map Nos. 1, 2, and 3 to the LIP; G) add the proposed site plan for the MMHS Campus Specific Plan to the LIP; and H) amend the MMC Zoning Map consistent with the update to LCP Zoning Map No. 2 located at 30215 Morning View Drive (Santa Monica-Malibu Unified School District).

B. On September 8, 2023, the California Coastal Commission (CCC) took action to conditionally certify the City’s LCPA for Ordinance No. 501 with amendments (CCC File Reference LCPA No. LCP-4-MAL-22-0043-1).

C. On September 14, 2023 a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu indicating that the City Council would hold a public hearing on October 9, 2023 to consider the proposed Ordinance amending LCPA No. 21-002 (Exhibits A, C, and D of Ordinance No. 501), ZTA No. 22-002 (Exhibit B of Ordinance No. 512

Page 2 of 24 ends

__________________
Ordinance No. 501), and ZMA No. 22-001 (Exhibit F of Ordinance No. 501), as adopted by Ordinance No. 501 on September 27, 2022, pursuant to the conditional certification action taken by the CCC on September 8, 2023, in order to obtain final certification of LCPA No. 21-002.

D. On October 9, 2023, the City Council held a duly noticed public hearing and introduced on first reading the proposed Ordinance amending LCPA No. 21-002 (Exhibits A, C, and D of Ordinance No. 501), ZTA No. 22-002 (Exhibit B of Ordinance No. 501), and ZMA No. 22-001 (Exhibit F of Ordinance No. 501), as adopted by Ordinance No. 501 on September 27, 2022, reviewed and considered written reports, public testimony, and related information.

E. On October 23, 2023, the City Council conducted a second reading and adopted Ordinance No. 512.

SECTION 2. Environmental Review.

The City Council has analyzed the amended LCPA and corollary amendments to the ZTA and ZMA herein proposed by the California Coastal Commission and makes the following findings. Pursuant to Public Resources Code Section 21080.9, the California Environmental Quality Act (CEQA) does not apply to activities and approvals by the City as necessary for the preparation and adoption of an LCPA. This action is for an amendment to the LCP and corollary amendments to the ZTA and ZMA, wherein the updated LCPA must be certified by the CCC before it takes effect. On September 8, 2023, the CCC took action to conditionally certify the City’s LCPA, with amendments to the LIP as previously adopted by Ordinance No. 501 (CCC File Reference LCPA No. LCP-4-MAL-22-0043-1). The City Council has analyzed the amendments and finds that the activities and approvals are necessary by the City for the adoption of the LCPA in order to obtain final certification of the LCPA by the CCC.

Further, the proposed City Council actions, including without limitation, direction to prepare an amended ordinance was adequately covered in a Final Environmental Impact Report (FEIR) adopted by the Santa Monica-Malibu School District (SMMUSD or District) Board of Education (Board) acting as lead agency on January 26, 2022, (State Clearinghouse No. 202008350). Previously, on September 19, 2019, the City accepted the District as the lead agency pursuant to CEQA Guidelines §15051 for the project and the City confirmed its role as a responsible agency. The proposed City Council actions are not a separate “project” for CEQA purposes but rather a subsequent discretionary action related to a previously approved project (CEQA Guidelines § 15378(c)). Additionally, pursuant to CEQA Guidelines Sections 15162 and 15163, and based on the review of the entire record, including without limitation, the Final EIR, the City Council finds that the proposed actions do not require further environmental review as:
1) no substantial changes are proposed to the project and no substantial changes have occurred that require major revisions to the FEIR due to the involvement of new significant environmental effects or an increase in severity of previously identified significant effects; and 2) no new information of substantial importance has come to light that (a) shows the project will have one or more significant effects not discussed in the FEIR, (b) identifies significant impacts would not be more severe than those analyzed in the FEIR, (c) shows that mitigation measures or alternatives are now feasible that were identified as infeasible and those mitigation measures or alternatives would reduce significant impacts, and (d) no changes to mitigation measures or alternatives have been identified or are required. Pursuant to CEQA Guidelines §15162(b), the City Council finds Ordinance No. 512

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__________________
and recommends that no further analysis or environmental documentation is necessary.

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

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

The City of Malibu hereby acknowledges receipt of the CCC’s Resolution of Certification of City of Malibu LCPA No. LCP-4-MAL-22-0043-1 (MMHS Campus Specific Plan Overlay District), including any suggested modifications therein.

SECTION 4. Local Coastal Program Amendments.

Pursuant to LIP Section 19.5(B), the City Council adopts the following amendments to the LIP pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of LCPA No. 21-002. Specifically, the amendments modify text and zoning maps in the LIP as adopted by Exhibits A, C, and D of Ordinance No. 501 for LCPA No. 21-002 as follows:

A. That LIP Section 3.4.6 “Specific Plan Overlay District” be renumbered and retitled as “LIP Section 3.4.7 – Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District” and the section replaced in its entirely as follows, which amends the proposed regulations included in Exhibit A of Ordinance No. 501, as recommended by the CCC:

LIP Section 3.4.7 – Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District
The MMHS Campus Specific Plan Overlay District is intended to provide for the classification and development of a parcel or parcels of land as a coordinated, comprehensive project that will result in a more desirable development or physical environment than would be possible through the strict application of conventional zoning regulations and standards. The provisions of this section shall apply to the MMHS Campus (30215 Morning View Drive/APNs 4469-017-900, 4469-018-903, and 4469-18-904), as identified in the MMHS Campus Specific Plan Overlay District map.

A. Malibu Middle and High School Campus Specific Plan.

The provisions of this section provide custom development criteria and uses for the redevelopment of the MMHS campus, as described in MMHS Campus Specific Plan (August 2022), a plan which establishes the development standards and plan for the redevelopment of campus facilities in multiple phases to enhance and modernize facilities and improve campus circulation, as illustrated on the MMHS Campus Site Plan of the LIP.

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B. Development Standards.

The Institutional Development Standards contained in LIP Section 3.9 shall not apply. The following are the development standards for the MMHS Campus Specific Plan Overlay District:

1. Height. Except as allowed in this section structures shall not exceed eighteen (18) feet above finished or natural grade, whichever results in lower building height, except for chimneys, rooftop antenna, and light standards. Notwithstanding the provisions of LIP Section 13.27.1(A)(8), all development proposed above eighteen (18) feet in height must require a Site Plan Review, pursuant to Section 13.27 of the Malibu LIP. Should a Site Plan Review be required, the entire development above eighteen (18) feet, including all roof projections, requires the installation of story poles to ensure private view protection. a. Building C: High School Building shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty-one (41) feet above finished grade.
b. Building D: Middle School Gym/Multi-Purpose Room and Student Activities and Food Service structures shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty (40) feet above finished grade.
c. Building H: Theater/Performing Arts shall not exceed a maximum height of forty-five (45) feet above finished grade.
d. Building J: High School Gym/Physical Education shall not exceed a maximum height of forty-five (45) feet above finished grade.
e. Building L: Aquatics Center/Field House shall not exceed a maximum height of twenty-eight (28) feet above finished grade, inclusive of chimneys, rooftop antenna, and light standards.
f. For all other buildings, roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included).
g. In no event shall the maximum number of stories above grade be greater than two.

2. Yards/Setbacks.
a. Front yard setbacks shall be ten (10) feet from the street easement. b. Side yard setbacks shall be five feet. When adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to ten (10) percent of the lot width or ten (10) feet, whichever is greater.

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c. Rear yard setbacks shall be five feet; however, when adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to fifteen (15) percent of the lot depth or fifteen (15) feet, whichever is greater.

3. Site-Specific Development Criteria. All proposed construction shall comply with the following site-specific development standards:
a. Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or fifteen (15) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the city council, up to the maximum allowed for the parcel under the Land Use Plan, where additional significant public benefits and amenities are provided as part of the project.
b. Landscaping and Site Permeability. Twenty-five (25) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. The required five-foot landscape buffer around the perimeter of parking areas pursuant to Section 3.14.5 (E)(1) of the Malibu LIP shall count toward the twenty-five (25) percent requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces.
c. All parking areas within the 100-foot ESHA buffer area shall be paved with permeable pavement, to allow stormwater runoff to infiltrate into the soil below. Suspended paving systems shall be constructed below the permeable paving to treat and slow stormwater runoff before it reaches the ESHA. The system shall be designed to provide treatment and storage for stormwater but also promote healthy tree growth within parking areas.

4. Wayfinding and Informational Signage
The provisions of LIP Section 3.15.3(J) shall not apply. The following describes the types of allowed signs:
a. Building Identification Signs. All buildings will have non-illuminated identification signs mounted flush to the wall to comply with public safety requirements. b. Marquee signs. Two double-sided monument signs would be allowed on Morning View Drive. The monument signs would be a maximum of five feet tall and contain an LED display screen, 10 mm pixel spacing with dimmable brightness that is oriented perpendicular to Morning View Drive facing east. The signs would be placed on concrete wall support and have an internally illuminated logo and must be turned off within one-half hour of all school events. Marquee sign lighting shall be dimmable in the evenings when not required for student/community communication.

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5. Lighting.
a. All lighting at the MMHS campus, including pool lighting, shall be minimized, restricted to low intensity features, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.
b. Sports field lighting shall be limited to the main sports field at Malibu High School.

All sport field lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and 6.5.G.
c. Pool lighting shall be limited to only the extent necessary to achieve safety illumination regulations per the Illuminating Engineering Society of North America (IESNA) for a Class II facility.
d. Pool lighting shall be turned off no later than ½ hour after aquatic use and safety perimeter lighting shall be turned off with all other automatic campus lighting. e. All outdoor lighting shall be extinguished by 11:00 p.m. or close of campus use. whichever is later, except for security lighting activated by motion sensor which extinguishes ten (10) minutes after activation and lighting at the building entrances and driveway egress points.

6. Grading.

The grading requirements of LIP Section 3.8(B) shall not apply. Grading shall not exceed the following quantities, inclusive of all grading categories without distinction between exempt, nonexempt, and remedial grading:

Phase Cut (cy) Fill (cy) Project Phase Total (cy)
1 35,200 10,400 45,600
2 5,175 - 5,175
3 25,300 14,000 39,300
4 10,000 33,350 43,350
Total 40,475 47,350 87,825
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7. Permitted Uses in ESHA Buffer
The following types of new development and redevelopment, as provided in the Malibu Middle and High School Campus Specific Plan Overlay District, shall provide an ESHA buffer that is the maximum feasible width extent but no less than 50 feet and where fully mitigated in conjunction with the ESHA Habitat Restoration Plan requirements of subsection 8 below, so that it does not significantly disrupt the habitat values of ESHA:
a. ESHA and creek-related educational uses and permeable pads for viewing areas; b. Roadways (and associated retaining walls), road rights-of-way, utilities, storm drains, and permeable parking lots in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;
c. Fuel modification required by the California Department of Forestry and Fire Protection;
d. Exterior lighting solely for accessibility and safety purposes; and e. Fences necessary for public safety, restoration, and protection of habitat.

8. ESHA Restoration Plan
a. Habitat Restoration Plan
To allow for clustering of new development within the existing, developed portions of the MMHS Campus, limited development may have a reduced buffer of less than 100 feet from the creek located on the western side of campus, as specifically allowed pursuant to subsection 7 above. Habitat buffers less than 100 feet place these habitat areas at risk of significant degradation caused by the adjacent development. The applicant shall mitigate the adverse impacts of reduced buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development.

As a condition of approval of and prior to issuance of a coastal development permit for new development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to submit for review and approval by the City Biologist, a final revised Habitat Restoration Plan that shall substantially conform to the “Habitat Restoration Plan for MMHS Campus, Malibu” (PSOMAS, 2021) and “ESHA Restoration Map Nos. 1, 2, and 3” of the LIP, and incorporates the following phased restoration work:

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(1) During Phase 1 demolition of hardscape within the 100-foot buffer of the downstream area, the habitat restoration plan shall require weed abatement along the upstream, middle, and downstream riparian and upland habitat, broadcast of native seed in the downstream riparian and upland habitat as well as upstream upland habitat, and planting of native stock in the downstream riparian and upland habitat. Bank stability improvements and erosion control would occur in the upstream, middle, and downstream portions of the ESHA during Phase 1, which include the proposed pedestrian trail and new roadways. (2) During Phase 4 demolition of developed hardscape areas within the 100-foot buffer of the upstream and middle stream area, the habitat restoration plan shall require restoration of the upland area of the upstream and middle stream portion of the habitat. Upon completion of Phase 4, the pedestrian trail would be completed and connected to existing trails on the campus. b. Habitat Restoration Plan Implementation
As a condition of approval for Phase 1 and Phase 4 development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to implement the final approved Habitat Restoration Plan required pursuant to subsection a above. Restoration work under the final Habitat Restoration Plan shall be carried out prior to or concurrently with construction of the development project. Maintenance and monitoring of the restoration shall commence immediately after installation and continue for five years in each portion of the riparian and upland habitat areas (downstream, middle, and upstream). In any case, the implementation portion of the ESHA restoration project described in 8(a)(1) and 8(a)(2) above, shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit. Any proposed changes to the approved Habitat Restoration Plan must be approved by the City Biologist and reported to the Executive Director of the Coastal Commission.

B. That the added language to Subsection J of LIP Section 3.15.3 (Prohibited Signs) adopted by Exhibit A of Ordinance No. 501 be deleted and revert to certified language as shown below, as recommended by the CCC:
“J. Automatic changing signs or electronic message center signs, except for public service time and temperature signs, and public safety signs such as changeable traffic message signs.” C. That the added language to LIP Section 4.5.4 (Environmentally Sensitive Habitat Buffers) adopted by Exhibit A of Ordinance No. 501 be deleted and revert to certified language as shown below, as recommended by the CCC:

1. Public accessways and trails, including directional signs.

2. Interpretive signage designed to provide information about the value and protection of the resources.

3. Restoration projects where the primary purpose is restoration of the habitat.

4. Invasive plant eradication projects if they are designed to protect and enhance habitat values.

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D. That the added language to Subsection 1 of LIP Section 4.6.1 (Buffers) adopted by Exhibit A of Ordinance No. 501 be deleted and revert to certified language as shown below, as recommended by the CCC:

1. Stream/Riparian
New development shall provide a buffer of no less than 100 feet in width from the outer edge of the canopy of riparian vegetation. Where riparian vegetation is not present, the buffer shall be measured from the outer edge of the bank of the subject stream.

However, in the Point Dume area, new development shall be designed to avoid encroachment on slopes of 25 percent grade or steeper.

E. That the following modifications to LIP Zoning Map No. 2 (Zuma Beach to Escondido Beach) adopted by Exhibit C of Ordinance No. 501 be removed in their entirety, as shown in Exhibit A of this ordinance, as recommended by the CCC: 1) the crosshatching added to Assessor Parcel Numbers (APN) 4469-017-900, 4469-018-903, and 4469-018-904 located at 30215 Morning View Drive be deleted; 2) the zoning designation titled “Specific Plan” be deleted; and 3) the underlying zoning designation of “Institutional” on APNs 4469-017-900, 4469-018- 903, and 4469-018-904 be restored.

F. That a new overlay district map titled “Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District” be added to the LIP, as shown in Exhibit B of this ordinance, that depicts the outline of the area subject to the overlay, including APNs 4469-017- 900, 4469-018-903, and 4469-018- 904 and the corresponding addresses and APNs to differentiate which parcels are subject to the MMHS Campus Specific Plan Overlay District, as recommended by the CCC.

G. That the “MMHS Campus Specific Plan ESHA Restoration Map Nos. 1, 2, and 3” added to the LIP as adopted by Exhibit D of Ordinance No. 501 be retitled as “MMHS Campus Specific Plan Overlay District ESHA Restoration Map Nos. 1, 2, and 3,” as shown in Exhibit C of this ordinance, as recommended by the CCC.

H. That Exhibit E (Proposed Site Plan for MMHS Campus Specific Plan) remain in the LIP as adopted by Ordinance No. 501 with no modifications.

I. That the revision to Policy 6.7 of LCP Land Use Plan (LUP) Chapter 6 (Scenic and Visual Resources) is not required to be included in Ordinance No. 501.

SECTION 5. Local Coastal Program Amendment Findings.

A. The amendments to the LCP meet the requirements of and are in conformance with the goals, objectives, and purposes of the LCP pursuant to the conditional certification by the CCC on September 8, 2023. Development standards specific to the Malibu Middle and High School Campus Specific Plan Overlay District ensure that the development of the school campus will Ordinance No. 512

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allow for the modernization of the school while maintaining standards to require that uses within the City’s jurisdiction of the Coastal Zone advance the overarching goals of protecting coastal resources.

B. As a part of the LIP, the MMHS Campus Specific Plan Overlay District ensures that future development projects and land uses within the Specific Plan conform to applicable LCP policies, goals, and provisions while taking into consideration the protection and enhancement of visual resources, public access, and recreation opportunities. Incorporating specific requirements for the build-out of the MMHS Campus achieves LIP Sections 1.2(D) and (G) (guides future growth and development), LIP Section 1.2(F) (promotes public health, safety, and general welfare), and LIP Section 1.2(K) (assures adequate public uses, facilities, and improvements).

SECTION 6. Zoning Text Amendment.

Pursuant to Section 17.74.040 of the MMC, the City Council adopts the following corollary amendments to Title 17 of the MMC pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of LCPA No. 21-002. Specifically, the amendments modify text in the MMC as adopted by Exhibit B of Ordinance No. 501 for ZTA No. 22-002 as follows:

A. That Subsection M (Specific Plan Overlay District) of MMC Section 17.42.020 (Overlay districts) be retitled as “Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District” and the section replaced in its entirely as follows, which amends the proposed regulations included in Exhibit B of Ordinance No. 501, corollary to the recommendations by the CCC for LCPA No. 21-002:

M. Malibu Middle and High School (MMHS) Specific Plan Overlay District The MMHS Campus Specific Plan Overlay District is intended to provide for the classification and development of a parcel or parcels of land as a coordinated, comprehensive project that will result in a more desirable development or physical environment than would be possible through the strict application of conventional zoning regulations and standards. The provisions of this section shall apply to the MMHS Campus (30215 Morning View Drive/APNs 4469-017-900, 4469-018-903, and 4469-18-904), as identified in the MMHS Campus Specific Plan Overlay District map.

1. Malibu Middle and High School Campus Specific Plan.

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2. Development Standards.

The institutional development standards contained in Section 17.40.110 shall not apply. The following are the development standards for the MMHS Campus Specific Plan Overlay District:
a. Height. Except as allowed in this section structures shall not exceed eighteen (18) feet above finished or natural grade, whichever results in lower building height, except for chimneys, rooftop antenna, and light standards. Notwithstanding the provisions of Section

17.62.040(A)(12), all development proposed above eighteen (18) feet in height must require a Site Plan Review, pursuant to Sections 17.62.040 and 17.62.060 of the Malibu Municipal Code. Should a Site Plan Review be required, the entire development above eighteen (18) feet, including all roof projections, requires the installation of story poles to ensure private view protection.
i. Building C: High School Building shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty-one (41) feet above finished grade.
ii. Building D: Middle School Gym/Multi-Purpose Room and Student Activities and Food Service structures shall not exceed a maximum height of thirty-six (36) feet finished grade, except for chimneys, rooftop antenna, and light standards that shall not exceed forty (40) feet above finished grade.
iii. Building H: Theater/Performing Arts shall not exceed a maximum height of forty-five (45) feet above finished grade.
iv. Building J: High School Gym/Physical Education shall not exceed a maximum height of forty-five (45) feet above finished grade.
v. Building L: Aquatics Center/Field House shall not exceed a maximum height of twenty-eight (28) feet above finished grade, inclusive of chimneys, rooftop antenna, and light standards.
vi. For all other buildings, roof-mounted mechanical equipment shall be integrated into the roof design, screened, and may project no more than two feet higher than the structure roof height (screens included).
vii. In no event shall the maximum number of stories above grade be greater than two. b. Yards/Setbacks.
i. Front yard setbacks shall be ten (10) feet from the street easement. ii. Side yard setbacks shall be five feet. When adjacent to a residentially-zoned parcel(s) along a side yard, the setback shall be increased to ten (10) percent of the lot width or ten (10) feet, whichever is greater.

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iii. Rear yard setbacks shall be five feet; however, when adjacent to a residentially-zoned parcel(s) along the rear yard, the setback shall be increased to fifteen (15) percent of the lot depth or fifteen (15) feet, whichever is greater. c. Site-Specific Development Criteria. All proposed construction shall comply with the following site-specific development standards:
i. Structure Size. The gross floor area of all buildings on a given parcel shall be limited to a maximum Floor Area Ratio (FAR) of 0.15, or fifteen (15) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements). Additional gross floor area may be approved by the city council, up to the maximum allowed for the parcel under the general plan, where additional significant public benefits and amenities are provided as part of the project.
ii. Landscaping and Site Permeability. Twenty-five (25) percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to landscaping. The required five-foot landscape buffer around the perimeter of parking areas pursuant to Section 17.48.050(E) shall count toward the twenty-five (25) percent requirement. An additional five percent of the lot area (excluding slopes equal to or greater than 1:1 and street easements) shall be devoted to permeable surfaces. iii. Pool and pool deck lighting must be consistent with the Malibu Dark Sky Ordinance. iv. All parking areas within the 100-foot ESHA buffer area shall be paved with permeable pavement, to allow stormwater runoff to infiltrate into the soil below. Suspended paving systems shall be constructed below the permeable paving to treat and slow stormwater runoff before it reaches the ESHA. The system shall be designed to provide treatment and storage for stormwater but also promote healthy tree growth within parking areas.
d. Wayfinding and Informational Signage
The following describes the types of allowed signs pursuant to the MMHS Campus Specific Plan:
i. Building Identification Signs. All buildings will have non-illuminated identification signs mounted flush to the wall to comply with public safety requirements. ii. Marquee signs. Two double-sided monument signs would be allowed on Morning View Drive. The monument signs would be a maximum of five feet tall and contain an LED display screen, 10 mm pixel spacing with dimmable brightness that is perpendicular to Morning View Drive facing east. The signs would be placed on concrete wall support and have an internally illuminated logo and must be turned off within one-half hour of all school events. Marquee sign lighting shall be dimmable in the evenings when not required for student/community communication.

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e. Lighting.
i. All lighting at the MMHS campus, including pool lighting, shall be minimized, restricted to low intensity features, directed downward and away from ESHA, and shielded using the best available visor technology and pole height and design that minimizes light spill, sky glow, and glare impacts to public views and wildlife to the maximum extent feasible.
ii. Sports field lighting shall be limited to the main sports field at Malibu High School.

All sport field lighting shall adhere to the standards of Malibu Local Coastal Program Local Implementation Plan Sections 4.6.2 and 6.5.G.
iii. Pool lighting shall be limited to only the extent necessary to achieve safety illumination regulations per the Illuminating Engineering Society of North America (IESNA) for a Class II facility.
iv. Pool lighting shall be turned off no later than ½ hour after aquatic use and safety perimeter lighting shall be turned off with all other automatic campus lighting. v. All outdoor lighting shall be extinguished by 11:00 p.m. or close of campus use. whichever is later, except for security lighting activated by motion sensor which extinguishes ten (10) minutes after activation and lighting at the building entrances and driveway egress points.
f. Grading.

Phase Cut (cy) Fill (cy) Project Phase Total (cy)
1 35,200 10,400 45,600
2 5,175 - 5,175
3 25,300 14,000 39,300
4 10,000 33,350 43,350
Total 40,475 47,350 87,825
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The export of cut material may be required to preserve the natural topography of the project site. Cut material may only be exported to an appropriate landfill or a site permitted to accept material.
g. Permitted Uses in ESHA Buffer
The following types of new development and redevelopment, as provided in the Malibu Middle and High School Campus Specific Plan Overlay District, shall provide an ESHA buffer that is the maximum feasible width extent but no less than 50 feet and where fully mitigated in conjunction with the ESHA Habitat Restoration Plan requirements of subsection h below, so that it does not significantly disrupt the habitat values of ESHA:
i. ESHA and creek-related educational uses and permeable pads for viewing areas; ii. Roadways (and associated retaining walls), road rights-of-way, utilities, storm drains, and permeable parking lots in a manner that involves no increase in development footprint for the portion within the habitat buffer area. If the improvement involves relocation, the new site shall be located no closer to ESHAs, wetlands, or creeks than the existing site and shall minimize encroachment into the habitat buffer to the maximum extent feasible;
iii. Fuel modification required by the California Department of Forestry and Fire Protection;
iv. Exterior lighting solely for accessibility and safety purposes; and v. Fences necessary for public safety, restoration, and protection of habitat. h. ESHA Restoration Plan
i. Habitat Restoration Plan
To allow for clustering of new development within the existing, developed portions of the MMHS Campus, limited development may have a reduced buffer of less than 100 feet from the creek located on the western side of campus, as specifically allowed pursuant to subsection g above. Habitat buffers less than 100 feet place these habitat areas at risk of significant degradation caused by the adjacent development. The applicant shall mitigate the adverse impacts of reduced buffers by providing mitigation for all ESHA that will not have a 100-foot buffer from development.

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(1) During Phase 1 demolition of hardscape within the 100-foot buffer of the downstream area, the habitat restoration plan shall require weed abatement along the upstream, middle, and downstream riparian and upland habitat, broadcast of native seed in the downstream riparian and upland habitat as well as upstream upland habitat, and planting of native stock in the downstream riparian and upland habitat. Bank stability improvements and erosion control would occur in the upstream, middle, and downstream portions of the ESHA during Phase 1, which include the proposed pedestrian trail and new roadways. (2) During Phase 4 demolition of developed hardscape areas within the 100-foot buffer of the upstream and middle stream area, the habitat restoration plan shall require restoration of the upland area of the upstream and middle stream portion of the habitat. Upon completion of Phase 4, the pedestrian trail would be completed and connected to existing trails on the campus. ii. Habitat Restoration Plan Implementation
As a condition of approval for Phase 1 and Phase 4 development requiring a less than 100-foot ESHA buffer within the overlay district, the applicant shall be required to implement the final approved Habitat Restoration Plan required pursuant to subsection i above. Restoration work under the final Habitat Restoration Plan shall be carried out prior to or concurrently with construction of the development project. Maintenance and monitoring of the restoration shall commence immediately after installation and continue for five years in each portion of the riparian and upland habitat areas (downstream, middle, and upstream). In any case, the implementation portion of the ESHA restoration project described in subsections (h)(i)(1) and (h)(i)(2) above, shall be complete prior to the issuance of certificates of occupancy for any structures approved in the coastal development permit. Any proposed changes to the approved Habitat Restoration Plan must be approved by the City Biologist and reported to the Executive Director of the Coastal Commission.

SECTION 7. Zoning Map Amendment.

Pursuant to Section 17.74.040 of the MMC, the City Council adopts the following corollary amendments to Title 17 of the MMC pursuant to the conditional certification action taken by the CCC on September 8, 2023 in order to obtain final certification of LCPA No. 21-002. Specifically, the amendments modify the MMC Zoning Map as adopted by Exhibit F of Ordinance No. 501 for ZMA No. 22-001 as follows:

A. That the modifications to the MMC Zoning Map adopted by Exhibit F of Ordinance No. 501 be removed in their entirety, as shown in Exhibit D of this ordinance, as follows: 1) the crosshatching added to Assessor Parcel Numbers (APN) 4469-017-900, 4469-018-903, and 4469- 018-90 located at 30215 Morning View Drive be deleted; 2) the zoning designation titled “Specific Plan” be deleted; and 3) the underlying zoning designation of “Institutional” on APNs 4469-017- 900, 4469-018-903, and 4469-018-904 be restored.

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B. That a new overlay district map titled “Malibu Middle and High School (MMHS) Campus Specific Plan Overlay District” be added to the MMC Zoning Map, as shown in Exhibit E of this ordinance, that depicts the outline of the area subject to the overlay, including APNs 4469-017-900, 4469-018-903, and 4469-018- 904 and the corresponding addresses and APNs to differentiate which parcels are subject to the MMHS Campus Specific Plan Overlay District.

SECTION 8. Zoning Text/Map Amendment Findings.

The ZTA will effectuate amendments made to LCPA No. 21-002 for the MMHS Campus Specific Plan as adopted by Ordinance No. 501 on September 27, 2022 and conditionally certified by the CCC on September 8, 2023. The ZMA will allow the maps of the MMC to be amended consistent with amended LCPA No. 21-002 and is only corollary of that action. Based on evidence in the whole record, the City Council hereby finds that the proposed ZMA meets the requirements of and is in compliance with the General Plan as follows:

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

B. The ZTA and ZMA will allow the MMC to be amended and be consistent with the amended LIP text and LCP zoning maps and is only a corollary of that action.

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

SECTION 9. Submittal to California Coastal Commission.

The City Council hereby directs staff to submit LCPA to the California Coastal Commission per Title 14, California Code of Regulations Section 13544(c).

SECTION 10. Effective Date.

The LCP amendment, ZMA, and ZTA approved in this Ordinance shall become effective only upon certification by the California Coastal Commission of this amendment to the LCP.

SECTION 11. Severability.

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

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SECTION 12. Certification.

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

PASSED, APPROVED AND ADOPTED this ___ day of _______, 2023. ____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _______________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, City Attorney
Exhibit A: LCP Zoning Map
Exhibit B: LCP MMHS Campus Specific Plan Overlay District Map (LCPA No. 21-002) Exhibit C: MMHS Campus Specific Plan Overlay District ESHA Restoration Map Nos. 1, 2, and 3
Exhibit D: MMC Zoning Map
Exhibit E: MMC MMHS Campus Specific Plan Overlay District Map (ZMA No. 22-001) Ordinance No. 512

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EXHIBIT A
LCP Zoning Map No. 2
Ordinance No. 512

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EXHIBIT B
LCP MMHS Campus Specific Plan Overlay District Map
Ordinance No. 512

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EXHIBIT C
MMHS Campus Specific Plan Overlay District ESHA Restoration Map Nos. 1, 2, And 3 Ordinance No. 512

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Ordinance No. 512

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Ordinance No. 512

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EXHIBIT D
MMC Zoning Map
Ordinance No. 512

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EXHIBIT E
MMC MMHS Campus Specific Plan Overlay District Map
WARRANT REGISTER NO. 734
On October 23, 2023, the Malibu City Council allowed and approved warrant demand numbers 70479-70591 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 $1,810,470.94. City of Malibu payroll check numbers 5377-5381 and ACH deposits were issued in the amount of $575,804.12.

PASSED, APPROVED and ADOPTED this 23rd day of October 2023. ____________________________________________
Steve Uhring
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 $2,386,275.06 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 12th day of October 2023, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
10-23-23
Item

3.B.2.

DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Accounts Payable
User:

Printed:
sflores
10/11/2023 8:44 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 70479 BARAMAN Mandana Barahimi 09/29/2023 0.00 225.00
70480 FITJEN Jenna Fite 09/29/2023 0.00 200.00
70481 HANTRA Travis Hanour 09/29/2023 0.00 250.00
70482 HARUVAR Varsenik Harutyunyan 09/29/2023 0.00 225.00 70483 KAMMAR Marni Kamins 09/29/2023 0.00 200.00
70484 KESSLERJ Jennifer Kessler 09/29/2023 0.00 200.00
70485 LINDERCA Caroline Linder 09/29/2023 0.00 400.00
70486 MILLEL Ellen Miller 09/29/2023 0.00 225.00
70487 SAEDAV David Saetia 09/29/2023 0.00 400.00
70488 SHENKH Heather Shenkman 09/29/2023 0.00 225.00
70489 SMIAND Andrew Smith 09/29/2023 0.00 200.00
70490 ACCOUNTE OfficeTeam A Robert Half Company 09/29/2023 0.00 5,702.40 70491 AMERGLOB American Global Security Inc 09/29/2023 0.00 1,050.00 70492 APPLE AppleOne 09/29/2023 0.00 2,605.68
70493 CERNYR Ryan Cerny 09/29/2023 0.00 193.00
70494 CONEJOA Conejo Awards 09/29/2023 0.00 25.74
70495 CRPRINT CR PRINT 09/29/2023 0.00 463.19
70496 DUTHIEEL Duthie Electrical Services 09/29/2023 0.00 1,849.19 70497 ESA Environmental Science Associat 09/29/2023 0.00 2,830.00 70498 FREDERIK Rick Frederiksen 09/29/2023 0.00 48.73
70499 FRONTIER Frontier California Inc 09/29/2023 0.00 533.19 70500 GOVTEMPS GovTempsUSA, LLC 09/29/2023 0.00 5,313.00 70501 HANLIN Linda Hanley 09/29/2023 0.00 1.35
70502 LABCORP Laboratory Corp. of America 09/29/2023 0.00 29.50 70503 MANBRI Brian Manor 09/29/2023 0.00 2,613.96
70504 PARKERAN Parker-Anderson Learning Center 09/29/2023 0.00 500.00 70505 PCH23033 PCH 23033 LLC (Surfrider Motel) 09/29/2023 0.00 4,000.00 70506 REMOTESA Remote Satellite Systems Int'l 09/29/2023 0.00 255.80 70507 RINCONC Rincon Consultants, Inc 09/29/2023 0.00 25,004.00 70508 STAPLES Staples Contract & Commercial LLC 09/29/2023 0.00 77.42 70509 SUBBEN Benjamin Arthur Suber 09/29/2023 0.00 110.00 70510 TETRATE Tetra Tech Inc 09/29/2023 0.00 3,746.73
70511 UNITEDNA United Rentals (North America) Inc 09/29/2023 0.00 2,104.87 70512 WEINTRAU Richard Weintraub 09/29/2023 0.00 625.00 70513 WILLSCOT Williams Scotsman Inc 09/29/2023 0.00 5,365.10 70514 XEROX Xerox Corporation 09/29/2023 0.00 80.67
70515 AETNA Health and Human Resource Center Inc 09/29/2023 0.00 120.93 70516 BlueShie Blue Shield of California 09/29/2023 0.00 1,431.22 70517 CASTDIS California State Disbursement Unit 09/29/2023 0.00 339.69 70518 DELTADE Delta Dental of California 09/29/2023 0.00 8,240.27 70519 ICMA457 ICMA-MissionSquare Retirement - 303615 09/29/2023 0.00 16,484.54 70520 ICMACM ICMA-MissionSquare Retirement - 108658 09/29/2023 0.00 600.00 70521 ICMADH ICMA-MissionSquare Retirement - 108650 09/29/2023 0.00 1,000.00 70522 STANDARD Standard Insurance Company N2 09/29/2023 0.00 8,427.31 70523 STANDARD Standard Insurance Company N2 09/29/2023 0.00 283.08 70524 USBANK2 U.S. Bank 09/29/2023 0.00 1,383.96
70525 WEBSTERL Luke E Webster 09/29/2023 0.00 239.62
AP Checks by Date - Summary by Check Number (10/11/2023 8:44 AM) Page 1 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Check No Vendor No Vendor Name Check Date Void Checks Check Amount 70526 ACCESS Access Information Intermediate Holdings LLC10/05/2023 0.00 4,422.52 70527 AGTSDISC Agents of Discovey Inc 10/05/2023 0.00 2,600.00 70528 AMERGUAR American Guard Services, Inc 10/05/2023 0.00 1,306.08 70529 ANAWALT Anawalt Lumber Co., Inc 10/05/2023 0.00 15.38 70530 ARC ARC Document Solutions LLC 10/05/2023 0.00 149.38 70531 ARCIR ARC Imaging Resources 10/05/2023 0.00 374.58 70532 AUREFOUN Aurelia Foundation 10/05/2023 0.00 2,000.00 70533 BADMET Badger Meter, Inc. 10/05/2023 0.00 40.04
70534 BAKTIL Baker Tilly US, LLP 10/05/2023 0.00 3,193.00 70535 BOYS Boys & Girls Clubs of Malibu 10/05/2023 0.00 45,500.00 70536 BROPAU Paul Brodie 10/05/2023 0.00 3,032.77
70537 BROWN&BR Brown & Brown Fence Co, Inc. 10/05/2023 0.00 3,617.78 70538 CALLMC Mary Catherine Callaghan 10/05/2023 0.00 140.00 70539 CAVAFOUN Cavallo Foundation 10/05/2023 0.00 8,500.00 70540 CAWILDL California Wildlife Center 10/05/2023 0.00 7,500.00 70541 CHEVRON2 Wright Express FSC Wex Bank 10/05/2023 0.00 2,183.14 70542 CHILDREN Children's Lifesaving Foundation 10/05/2023 0.00 5,000.00 70543 COTTON Cotton,Shires & Associates,Inc 10/05/2023 0.00 37,306.42 70544 CREATE Jemma S. Wildermuth 10/05/2023 0.00 28.00
70545 CRPRINT CR PRINT 10/05/2023 0.00 1,412.11
70546 CSGCON CSG Consultants, Inc. 10/05/2023 0.00 14,258.75 70547 CWE CWE 10/05/2023 0.00 973.20
70548 DAPEERR Dapeer Rosenblit & Litvak LLP 10/05/2023 0.00 1,787.10 70549 EMILYSHA Emily Shane Foundation 10/05/2023 0.00 5,000.00 70550 ENHANCED Landscape Development, Inc. 10/05/2023 0.00 25,420.00 70551 ESPERAN Esperance Center 10/05/2023 0.00 1,500.00 70552 EXCELOFF Excel Office Services 10/05/2023 0.00 5,387.26 70553 FOSTERFO Foster & Foster Consulting Actuaries Inc 10/05/2023 0.00 2,700.00 70554 FRIENDM Friends of Malibu Urgent Care 10/05/2023 0.00 10,000.00 70555 FRONTIER Frontier California Inc 10/05/2023 0.00 499.99 70556 GIINDUS G.I. Industries 10/05/2023 0.00 277.79
70557 HOMEPRO HD Supply Facilties Maintenance, Ltd 10/05/2023 0.00 150.37 70558 IPC INC Integrated Performance Consultants Inc 10/05/2023 0.00 110,981.10 70559 IPERMIT iPermit 10/05/2023 0.00 206.40
70560 KIMLEY Kimley-Horn and Associates Inc 10/05/2023 0.00 30,373.40 70561 LACOANI LA Co Animal Care & Control 10/05/2023 0.00 18,616.56 70562 LACOCLE LA County Registrar-Recorder LA Co Clerk 10/05/2023 0.00 75.00 70563 LACOSHE LA Co Sheriff's Department 10/05/2023 0.00 1,171,068.25 70564 LACOWAT LA Co MalibuTreasurer-Waterworks 10/05/2023 0.00 16,119.39 70565 MALAQUAT Malibu Aquatics Foundation 10/05/2023 0.00 7,500.00 70566 MALCOMM Malibu Community Labor Exchange 10/05/2023 0.00 10,000.00 70567 MALIBUFR Malibu Friends of Music 10/05/2023 0.00 5,000.00 70568 MALIBUWO Malibu Woman's Club 10/05/2023 0.00 7,500.00 70569 MALIFOUN Malibu Foundation 10/05/2023 0.00 5,000.00 70570 MALISEAR Malibu Search and Rescue 10/05/2023 0.00 15,000.00 70571 MASTERCO Master Cooling Corporation 10/05/2023 0.00 6,098.70 70572 MISTROB Wink Roberts 10/05/2023 0.00 11,780.87
70573 MNS MNS Engineers, Inc. 10/05/2023 0.00 29,640.00 70574 NATIONA National Construction Rentals, Inc 10/05/2023 0.00 1,533.62 70575 NEXTEL Nextel / Sprint Communication 10/05/2023 0.00 202.16 70576 NEXTIVA Nextiva, Inc. 10/05/2023 0.00 3,769.49
70577 ONEILL David Saul 10/05/2023 0.00 374.00
70578 PAXSONIA Sonia Paxson 10/05/2023 0.00 200.00
70579 POISONFR Poison Free Malibu 10/05/2023 0.00 5,000.00 70580 READYREF Nestle Waters North America Inc 10/05/2023 0.00 122.66 70581 SCAFCA SCA of CA, LLC 10/05/2023 0.00 6,900.00
70582 SEASAVE Sea Save Foundation 10/05/2023 0.00 5,000.00 AP Checks by Date - Summary by Check Number (10/11/2023 8:44 AM) Page 2 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Check No Vendor No Vendor Name Check Date Void Checks Check Amount 70583 TRENCH Tom Malloy Corporation 10/05/2023 0.00 1,848.00 70584 UNDERGR Underground Service Alert/SC 10/05/2023 0.00 156.66 70585 UNSTWA United Storm Water 10/05/2023 0.00 8,645.95 70586 VENTTRA Ventura Transit System, Inc. 10/05/2023 0.00 6,386.75 70587 VERIZON Verizon Business 10/05/2023 0.00 0.38
70588 WAXIE Waxie Sanitary Supplies 10/05/2023 0.00 1,041.60 70589 WEBSTERP Webster Elementary PTA 10/05/2023 0.00 20,000.00 70590 XEROXFIN Xerox Corporation 10/05/2023 0.00 1,206.70 70591 YUNEX Siemens Mobility. Inc. 10/05/2023 0.00 418.50 Report Total (113 checks): 0.00 1,810,470.94
AP Checks by Date - Summary by Check Number (10/11/2023 8:44 AM) Page 3 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA User:

Printed: 10/11/2023 - 8:44AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00070479 To: 00070591
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-1010-00 Cash Account Luke E Webster ACH return (account closed) for 9/14/23 payroll 70525 110.59 100-0000-1010-00 Cash Account Luke E Webster ACH return (account closed) for 8/31/23 payroll 70525 129.03 Vendor Subtotal for Section 2:0000 239.62
Section 2:0000
100-0000-2021-00 COBRA Payable Blue Shield of California PR 28.09.2023 Vision Care-Bobbett J-Jun-Sept'23 70516 -67.52 100-0000-2021-00 COBRA Payable Blue Shield of California PR 28.09.2023 Vision Care-Cobra-Meyers-Oct'23 70516 9.45 100-0000-2021-00 COBRA Payable Blue Shield of California PR 28.09.2023 Vision Care-Cobra-Montano-Oct'23 70516 9.45 100-0000-2021-00 COBRA Payable Blue Shield of California PR 28.09.2023 Vision Care-Cobra-Woodrow-Oct'23 70516 16.88 100-0000-2021-00 COBRA Payable Blue Shield of California PR 28.09.2023 Vision Care-Cobra-Linden-Oct'23 70516 9.45 Vendor Subtotal for Section 2:0000 -22.29
Section 2:0000
100-0000-2021-00 COBRA Payable Delta Dental of California PR 28.09.2023 Dental Insur-Cobra-Feldman-Oct'23 70518 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 28.09.2023 Dental Insur-Cobra-Linden-Oct'23 70518 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 28.09.2023 Dental Insur-Cobra-Bobbett J-Jun-Sep'23 70518 -388.16 100-0000-2021-00 COBRA Payable Delta Dental of California PR 28.09.2023 Dental Insur-Cobra-Meyers-Oct'23 70518 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 28.09.2023 Dental Insur-Cobra-Montano-Oct'23 70518 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 28.09.2023 Dental Insur-Cobra-Woodrow-Oct'23 70518 50.06 Vendor Subtotal for Section 2:0000 -137.86
Section 2:0000
100-0000-3419-00 Credit Card Fees Linda Hanley Ref- Duplicate Credit Card Fee 70501 1.35 AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 1 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 1.35
Section 2:0000
100-0000-3419-00 Credit Card Fees Brian Manor Ref- Credit Card Fee 70503 73.96 Vendor Subtotal for Section 2:0000 73.96
Section 2:0000
100-0000-3432-00 WQMP (SUSMP) Fee Brian Manor Ref- WQMP Fees for 24855 PCH 70503 2,540.00 Vendor Subtotal for Section 2:0000 2,540.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Mandana Barahimi Ref: Middle School Volleyball, Cancelled 70479 225.00 Vendor Subtotal for Section 2:0000 225.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Travis Hanour Ref: Middle School Volleyball, Cancelled 70481 225.00 Vendor Subtotal for Section 2:0000 225.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Varsenik Harutyunyan Ref: Middle School Volleyball, Cancelled 70482 225.00 Vendor Subtotal for Section 2:0000 225.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Ellen Miller Ref: Middle School Volleyball, Cancelled 70486 225.00 Vendor Subtotal for Section 2:0000 225.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Heather Shenkman Ref: Middle School Volleyball, Cancelled 70488 225.00 Vendor Subtotal for Section 2:0000 225.00
Section 2:0000
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 2 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount 100-0000-3467-00 Day Camp Fees David Saetia Ref: Aspects Academy Surf Camp, Withdrew 70487 400.00 Vendor Subtotal for Section 2:0000 400.00
Section 2:0000
100-0000-3470-00 Community Classes Jenna Fite Ref: Music Together, Participant Cancelled 70480 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
100-0000-3470-00 Community Classes Travis Hanour Ref: Marine Bio Workshop, BGCM 70481 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Marni Kamins Ref: Mozart on Canvas, Cancelled 70483 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
100-0000-3470-00 Community Classes Jennifer Kessler Ref: Mozart on Canvas, Cancelled 70484 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
100-0000-3470-00 Community Classes Caroline Linder Ref: Mozart on Canvas, Cancelled 70485 400.00 Vendor Subtotal for Section 2:0000 400.00
Section 2:0000
100-0000-3470-00 Community Classes Andrew Smith Ref: Mozart on Canvas, Cancelled 70489 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:3001
100-3001-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 24.81 Vendor Subtotal for Section 2:3001 24.81
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 3 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:3001
100-3001-5100-00 Professional Services MNS Engineers, Inc. Task 12: Exhibits, Broad Beach - Jul '23 70573 1,060.00 Vendor Subtotal for Section 2:3001 1,060.00
Section 2:3001
100-3001-5121-01 Street Sweeping SCA of CA, LLC Street Sweeping - Aug '23 70581 6,900.00 Vendor Subtotal for Section 2:3001 6,900.00
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Jul '23 70591 418.50 Vendor Subtotal for Section 2:3001 418.50
Section 2:3001
100-3001-6160-00 Operating Supplies Underground Service Alert/SC Dig Alerts - Aug '23 70584 120.25 100-3001-6160-00 Operating Supplies Underground Service Alert/SC Monthly Fee - Aug '23 70584 36.41 Vendor Subtotal for Section 2:3001 156.66
Section 2:3007
100-3007-5610-00 Fac Maintenance-Civic Center Integrated Performance Consultants Inc CCSTF Operation/Maint - Aug '23 70558 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5610-01 Fac Maintenance-Paradise Cove Integrated Performance Consultants Inc PCSTF Operation/Maint - Aug '23 70558 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5655-00 Stormwater Monitoring Integrated Performance Consultants Inc Remote Access Fee - Aug '23 70558 200.00 Vendor Subtotal for Section 2:3007 200.00
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 4 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:3007
100-3007-7800-00 Other Equipment Integrated Performance Consultants Inc Equipment - PCSTF - Aug '23 70558 943.53 Vendor Subtotal for Section 2:3007 943.53
Section 2:3008
100-3008-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 60.92 Vendor Subtotal for Section 2:3008 60.92
Section 2:3008
100-3008-5100-00 Professional Services American Guard Services, Inc Crossing Guard Program - Aug '23 70528 1,306.08 Vendor Subtotal for Section 2:3008 1,306.08
Section 2:3008
100-3008-5100-00 Professional Services Kimley-Horn and Associates Inc Task 4.2 WestWard Beach - Jul '23 70560 6,103.41 100-3008-5100-00 Professional Services Kimley-Horn and Associates Inc Task 9 - Traffic Signal Battery Back-Up - Jul '23 70560 1,659.00 Vendor Subtotal for Section 2:3008 7,762.41
Section 2:3008
100-3008-5100-00 Professional Services MNS Engineers, Inc. Task 11: Trail Easement - Jul '23 70573 13,752.50 100-3008-5100-00 Professional Services MNS Engineers, Inc. Task 11: Trail Easement - Aug '23 70573 10,952.50 Vendor Subtotal for Section 2:3008 24,705.00
Section 2:4001
100-4001-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 139.07 Vendor Subtotal for Section 2:4001 139.07
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Phone - Bluffs Secondary Internet 9/15 - 10/14/23 70555 499.99 Vendor Subtotal for Section 2:4001 499.99
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 5 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:4001
100-4001-6160-00 Operating Supplies Nestle Waters North America Inc Water - MHS & Bluffs Staff 8/13 - 9/12/23 70580 122.66 Vendor Subtotal for Section 2:4001 122.66
Section 2:4002
100-4002-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 14.76 Vendor Subtotal for Section 2:4002 14.76
Section 2:4003
100-4003-6160-00 Operating Supplies Agents of Discovey Inc 1 Year Silver Package 70527 2,600.00 Vendor Subtotal for Section 2:4003 2,600.00
Section 2:4007
100-4007-5107-00 Contract Personnel Mary Catherine Callaghan Instructor - Swing Workshop 9/11/23 70538 140.00 Vendor Subtotal for Section 2:4007 140.00
Section 2:4007
100-4007-5107-00 Contract Personnel Jemma S. Wildermuth Instructor - Parent and Me Art 9/11/23 70544 28.00 Vendor Subtotal for Section 2:4007 28.00
Section 2:4007
100-4007-5107-00 Contract Personnel Parker-Anderson Learning Center Instructor - Marine Bio Workshops 9/6 & 9/7/23 70504 500.00 Vendor Subtotal for Section 2:4007 500.00
Section 2:4008
100-4008-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 5.44 Vendor Subtotal for Section 2:4008 5.44
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 6 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 12.69 Vendor Subtotal for Section 2:4010 12.69
Section 2:4010
100-4010-5100-00 Professional Services American Global Security Inc Equestrian - Security 8/22 - 8/31/23 70491 350.00 100-4010-5100-00 Professional Services American Global Security Inc Las Flores - Security 8/22 - 8/31/23 70491 350.00 100-4010-5100-00 Professional Services American Global Security Inc Trancas - Security 8/22 - 8/31/23 70491 350.00 Vendor Subtotal for Section 2:4010 1,050.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Brown & Brown Fence Co, Inc. Las Flores - Fencing 70537 1,817.88 100-4010-5130-00 Parks Maintenance Brown & Brown Fence Co, Inc. Bluffs - Fence Replacement 70537 1,799.90 Vendor Subtotal for Section 2:4010 3,617.78
Section 2:4010
100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Triangle Planter - Irrigation Installation 70550 1,420.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Trancas Park - Turf Renovations 70550 24,000.00 Vendor Subtotal for Section 2:4010 25,420.00
Section 2:4010
100-4010-5130-00 Parks Maintenance National Construction Rentals, Inc Trancas Park Fence Rental 9/5/23 - 3/4/24 70574 1,533.62 Vendor Subtotal for Section 2:4010 1,533.62
Section 2:4010
100-4010-5610-00 Facility Maintenance Anawalt Lumber Co., Inc CS - Park Restroom Supplies 70529 15.38 Vendor Subtotal for Section 2:4010 15.38
Section 2:4010
100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Charmlee Park 7/18 - 9/18/23 Acct#29158670 70564 458.36 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Trancas Park 7/18 - 9/18/23 Acct#29648084 70564 5,088.12 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Equestrian Park 7/13 - 9/13/23 Acct#29156963 70564 458.36 AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 7 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Equestrian Park 7/13 - 9/13/23 Acct#29156414 70564 632.54 Vendor Subtotal for Section 2:4010 6,637.38
Section 2:4010
100-4010-6160-00 Operating Supplies HD Supply Facilties Maintenance, Ltd Bluffs Park - Restroom Supplies 70557 150.37 Vendor Subtotal for Section 2:4010 150.37
Section 2:4010
100-4010-6160-00 Operating Supplies Waxie Sanitary Supplies Bluffs - Restroom Supplies 70588 394.80 100-4010-6160-00 Operating Supplies Waxie Sanitary Supplies Bluffs - Cleaning Supplies 70588 646.80 Vendor Subtotal for Section 2:4010 1,041.60
Section 2:4011
100-4011-5107-00 Contract Personnel Benjamin Arthur Suber Radius Map/Labels - Halloween Bu Bash TUP 70509 110.00 Vendor Subtotal for Section 2:4011 110.00
Section 2:4012
100-4012-5107-00 Contract Personnel Sonia Paxson Wes Van Dyke Art Exhibit Opening Performance 9/16/23 70578 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:7001
100-7001-5930-00 Community Grants Aurelia Foundation FY 23/24 General Fund Grant 70532 2,000.00 Vendor Subtotal for Section 2:7001 2,000.00
Section 2:7001
100-7001-5930-00 Community Grants Boys & Girls Clubs of Malibu FY 23-24 General Fund Grant 70535 45,500.00 Vendor Subtotal for Section 2:7001 45,500.00
Section 2:7001
100-7001-5930-00 Community Grants Cavallo Foundation FY 23/24 General Fund Grant 70539 8,500.00 AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 8 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7001 8,500.00
Section 2:7001
100-7001-5930-00 Community Grants California Wildlife Center FY 23/24 General Fund Grant 70540 7,500.00 Vendor Subtotal for Section 2:7001 7,500.00
Section 2:7001
100-7001-5930-00 Community Grants Children's Lifesaving Foundation FY 23/24 General Fund Grant 70542 5,000.00 Vendor Subtotal for Section 2:7001 5,000.00
Section 2:7001
100-7001-5930-00 Community Grants Emily Shane Foundation FY 23/24 General Fund Grant 70549 5,000.00 Vendor Subtotal for Section 2:7001 5,000.00
Section 2:7001
100-7001-5930-00 Community Grants Esperance Center FY 23/24 General Fund Grant 70551 1,500.00 Vendor Subtotal for Section 2:7001 1,500.00
Section 2:7001
100-7001-5930-00 Community Grants Friends of Malibu Urgent Care FY 23/24 General Fund Grant 70554 10,000.00 Vendor Subtotal for Section 2:7001 10,000.00
Section 2:7001
100-7001-5930-00 Community Grants Malibu Aquatics Foundation FY 23/24 General Fund Grant 70565 7,500.00 Vendor Subtotal for Section 2:7001 7,500.00
Section 2:7001
100-7001-5930-00 Community Grants Malibu Community Labor Exchange FY 23/24 General Fund Grant 70566 10,000.00 Vendor Subtotal for Section 2:7001 10,000.00
Section 2:7001
100-7001-5930-00 Community Grants Malibu Friends of Music FY 23/24 General Fund Grant 70567 5,000.00 Vendor Subtotal for Section 2:7001 5,000.00
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 9 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:7001
100-7001-5930-00 Community Grants Malibu Woman's Club FY 23/24 General Fund Grant 70568 7,500.00 Vendor Subtotal for Section 2:7001 7,500.00
Section 2:7001
100-7001-5930-00 Community Grants Malibu Foundation FY 23/24 General Fund Grant 70569 5,000.00 Vendor Subtotal for Section 2:7001 5,000.00
Section 2:7001
100-7001-5930-00 Community Grants Malibu Search and Rescue FY 23/24 General Fund Grant 70570 15,000.00 Vendor Subtotal for Section 2:7001 15,000.00
Section 2:7001
100-7001-5930-00 Community Grants Poison Free Malibu FY 23/24 General Fund Grant 70579 5,000.00 Vendor Subtotal for Section 2:7001 5,000.00
Section 2:7001
100-7001-5930-00 Community Grants Sea Save Foundation FY 23/24 General Fund Grant 70582 5,000.00 Vendor Subtotal for Section 2:7001 5,000.00
Section 2:7001
100-7001-5930-00 Community Grants Webster Elementary PTA FY 23/24 General Fund Grant 70589 20,000.00 Vendor Subtotal for Section 2:7001 20,000.00
Section 2:7002
100-7002-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 16.37 Vendor Subtotal for Section 2:7002 16.37
Section 2:7003
100-7003-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 -4.22 Vendor Subtotal for Section 2:7003 -4.22
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 10 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:7003
100-7003-5100-00 Professional Services Baker Tilly US, LLP Comprehensive Development Svcs Rev - Implementation 70534 3,193.00 Vendor Subtotal for Section 2:7003 3,193.00
Section 2:7005
100-7005-5103-00 Criminal Prosecution Dapeer Rosenblit & Litvak LLP City Prosecutor Svc - Aug '23 70548 1,787.10 Vendor Subtotal for Section 2:7005 1,787.10
Section 2:7007
100-7007-4205-00 Life Insurance Standard Insurance Company N2 PR 28.09.2023 Additional Life Insur-Refund-Munoz-3 months 70523 3.60 Vendor Subtotal for Section 2:7007 3.60
Section 2:7007
100-7007-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 29.51 Vendor Subtotal for Section 2:7007 29.51
Section 2:7007
100-7007-6160-00 Operating Supplies ARC Document Solutions LLC Nameplates for Council Chambers 70530 149.38 Vendor Subtotal for Section 2:7007 149.38
Section 2:7021
100-7021-4203-00 Vision Insurance Blue Shield of California PR 28.09.2023 Vision Care-Flores Romero-Sep'23 70516 10.95 Vendor Subtotal for Section 2:7021 10.95
Section 2:7021
100-7021-4204-00 Dental Insurance Delta Dental of California PR 28.09.2023 Dental Insur-Flores Romero-Sep'23 70518 60.71 Vendor Subtotal for Section 2:7021 60.71
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 11 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:7021
100-7021-4205-00 Life Insurance Standard Insurance Company N2 PR 28.09.2023 Additional Life Insur-Flores S-Oct'23 70523 8.00 Vendor Subtotal for Section 2:7021 8.00
Section 2:7021
100-7021-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 21.59 Vendor Subtotal for Section 2:7021 21.59
Section 2:7021
100-7021-5106-00 Animal Control LA Co Animal Care & Control Animal Control - Aug '23 70561 18,616.56 Vendor Subtotal for Section 2:7021 18,616.56
Section 2:7021
100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Extra Traffic Enforcement 8/6 - 8/27/23 70563 6,435.71 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Liaison - 8/11 - 8/31/23 70563 25,969.44 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Lost Hills Station - Aug '23 70563 834,575.65 Vendor Subtotal for Section 2:7021 866,980.80
Section 2:7021
100-7021-5116-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Beach Team - Aug '23 70563 281,419.79 Vendor Subtotal for Section 2:7021 281,419.79
Section 2:7021
100-7021-5721-00 Telephone Nextel / Sprint Communication Phone - 8/13/23 - 9/12/23 70575 65.59 Vendor Subtotal for Section 2:7021 65.59
Section 2:7021
100-7021-5721-00 Telephone Remote Satellite Systems Int'l Satellite Phones - Oct '23 70506 255.80 AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 12 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 255.80
Section 2:7054
100-7054-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 39.10 Vendor Subtotal for Section 2:7054 39.10
Section 2:7054
100-7054-5100-00 Professional Services Foster & Foster Consulting Actuaries Inc GASB 75 Actuarial Report Svcs 70553 2,700.00 Vendor Subtotal for Section 2:7054 2,700.00
Section 2:7054
100-7054-5117-00 Film Permit Consultant Verizon Business Film Fax - Verizon Long Distance 7DK86530 - Aug '23 70587 0.38 Vendor Subtotal for Section 2:7054 0.38
Section 2:7058
100-7058-4204-00 Dental Insurance Delta Dental of California PR 28.09.2023 Dental Insur-Woodrow-Sep'23 70518 -46.98 Vendor Subtotal for Section 2:7058 -46.98
Section 2:7058
100-7058-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 6.45 Vendor Subtotal for Section 2:7058 6.45
Section 2:7058
100-7058-5100-00 Professional Services GovTempsUSA, LLC Temporary Staff - 9/3/23 70500 3,402.00 100-7058-5100-00 Professional Services GovTempsUSA, LLC Temporary Staff - 8/27/23 70500 1,911.00 Vendor Subtotal for Section 2:7058 5,313.00
Section 2:7058
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 13 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount 100-7058-5320-00 Recruitment Expense Laboratory Corp. of America New Employee Lab Work - Deputy City Mgr 70502 29.50 Vendor Subtotal for Section 2:7058 29.50
Section 2:7059
100-7059-4205-00 Life Insurance Standard Insurance Company N2 PR 28.09.2023 Life Insur-Rounding 70522 -0.07 Vendor Subtotal for Section 2:7059 -0.07
Section 2:7059
100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 6.19 100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD-Rounding 70522 0.03 Vendor Subtotal for Section 2:7059 6.22
Section 2:7059
100-7059-5210-00 Service Fees & Charges G.I. Industries Late Fee - Sep '23 70556 3.30 Vendor Subtotal for Section 2:7059 3.30
Section 2:7059
100-7059-5640-00 Equipment Maintenance ARC Imaging Resources HP Pagewide XL4100MFP Meter Read 7/26 - 8/26/23 70531 374.58 Vendor Subtotal for Section 2:7059 374.58
Section 2:7059
100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maintenance - 8/17 - 9/16/23 70552 2,844.64 100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maintenance - 7/17 - 8/16/23 70552 2,542.62 Vendor Subtotal for Section 2:7059 5,387.26
Section 2:7059
100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLCShred Svcs Aug '23 70526 109.66 100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLC2023 Offsite Records Svcs Jul 70526 2,022.19 100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLCShred Svcs Jul '23 70526 105.25 100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLC2023 Offsite Records Svcs Aug 70526 2,185.42 AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 14 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7059 4,422.52
Section 2:7059
100-7059-5721-00 Telephone Nextel / Sprint Communication Phone - 8/13/23 - 9/12/23 70575 136.57 Vendor Subtotal for Section 2:7059 136.57
Section 2:7059
100-7059-5721-00 Telephone Nextiva, Inc. City Hall Phone Svcs - 9/18 - 10/17/23 70576 3,769.49 Vendor Subtotal for Section 2:7059 3,769.49
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - PDFK17 - Aug '23 70514 80.67 Vendor Subtotal for Section 2:7059 80.67
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - C8155 - 8/22 - 9/21/23 70590 519.20 100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - B8170 - 8/22 - 9/21/23 70590 687.50 Vendor Subtotal for Section 2:7059 1,206.70
Section 2:7059
100-7059-6160-00 Operating Supplies Conejo Awards City Staff Name Badges - Deputy City Mgr 70494 25.74 Vendor Subtotal for Section 2:7059 25.74
Section 2:7059
100-7059-6160-00 Operating Supplies CR PRINT Business Cards - City Staff 70495 463.19 Vendor Subtotal for Section 2:7059 463.19
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - NonDepartmental 70508 20.73 Vendor Subtotal for Section 2:7059 20.73
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 15 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 100 1,462,200.31
Section 1: 101
Section 2:0000
101-0000-3207-00 Mechanical Permits iPermit Ref- Mechanical Permit Fees for 23-1120 70559 206.40 Vendor Subtotal for Section 2:0000 206.40
Section 2:0000
101-0000-3208-00 Electrical Permit Fees Paul Brodie Ref- Bldg Safety Electrical Permits for 23-1275 70536 2,696.50 Vendor Subtotal for Section 2:0000 2,696.50
Section 2:0000
101-0000-3409-00 Document Retention Fee Paul Brodie Ref- Doc Retention Fee for 23-1275 70536 8.00 Vendor Subtotal for Section 2:0000 8.00
Section 2:0000
101-0000-3419-00 Credit Card Fees Paul Brodie Ref- Credit Card Fees 70536 85.76 Vendor Subtotal for Section 2:0000 85.76
Section 2:0000
101-0000-3421-00 Planning Review Fees David Saul Ref- CDP 15-063 - Incorrect Application-28885 Cliffside Dr 70577 374.00 Vendor Subtotal for Section 2:0000 374.00
Section 2:0000
101-0000-3427-00 Technology Enhancement Fee Paul Brodie Ref- Bldg Safety Tech Fees for 23-1275 70536 188.76 Vendor Subtotal for Section 2:0000 188.76
Section 2:0000
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 16 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount 101-0000-3435-00 Admin Permit Processing Fee Paul Brodie Ref- Admin Fees 70536 53.75 Vendor Subtotal for Section 2:0000 53.75
Section 2:2001
101-2001-4204-00 Dental Insurance Delta Dental of California PR 28.09.2023 Dental Insur-Cobra-Bobbett J-Jun'23 70518 97.04 Vendor Subtotal for Section 2:2001 97.04
Section 2:2001
101-2001-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 73.86 Vendor Subtotal for Section 2:2001 73.86
Section 2:2001
101-2001-5100-00 Professional Services CSG Consultants, Inc. Planning Consultant Svcs - Aug '23 70546 14,258.75 Vendor Subtotal for Section 2:2001 14,258.75
Section 2:2001
101-2001-5100-00 Professional Services Rincon Consultants, Inc Malibu Housing Element Update - Aug '23 70507 10,620.00 101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant - Aug '23 70507 3,186.00 Vendor Subtotal for Section 2:2001 13,806.00
Section 2:2001
101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 8/25/23 70490 1,425.60 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 9/1/23 70490 2,376.00 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 9/8/23 70490 1,900.80 Vendor Subtotal for Section 2:2001 5,702.40
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 26925.5 Pacific Coast Hwy - WRP 22-022 7056 75.00 Vendor Subtotal for Section 2:2001 75.00
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 17 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 28211 PCH 70545 698.70 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 3515 Cross Creek 70545 141.04 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 30215 Morning 70545 View Dr 572.37 Vendor Subtotal for Section 2:2001 1,412.11
Section 2:2001
101-2001-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Planning 70508 56.69 Vendor Subtotal for Section 2:2001 56.69
Section 2:2004
101-2004-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 65.58 Vendor Subtotal for Section 2:2004 65.58
Section 2:2004
101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geotech Review - Aug '23 70543 37,306.42 Vendor Subtotal for Section 2:2004 37,306.42
Section 2:2004
101-2004-5100-00 Professional Services Environmental Science Associat Coastal Vulnerability Assessment Consultant - Aug '23 70497 2,830.00 Vendor Subtotal for Section 2:2004 2,830.00
Section 2:2004
101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 9/8/23 70492 1,158.08 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 8/25/23 70492 1,447.60 Vendor Subtotal for Section 2:2004 2,605.68
Section 2:2004
101-2004-6400-00 Clothing & Emergency Gear Ryan Cerny Reimb- Boot Barn Work Boots 70493 193.00 AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 18 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2004 193.00
Section 2:2010
101-2010-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 17.31 Vendor Subtotal for Section 2:2010 17.31
Section 2:2012
101-2012-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 35.64 Vendor Subtotal for Section 2:2012 35.64
Section 2:3003
101-3003-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 33.05 Vendor Subtotal for Section 2:3003 33.05
Section 2:3003
101-3003-5100-00 Professional Services Rincon Consultants, Inc On-Call Environmental Svcs - Aug '23 70507 11,198.00 Vendor Subtotal for Section 2:3003 11,198.00
Subtotal for Section 1: 101 93,379.70
Section 1: 102
Section 2:9204
102-9204-5100-00 Clover Heights Storm Drain CWE Stormwater Proj - Clover Heights/Harvester Rd - Jul '23 70547 973.20 Vendor Subtotal for Section 2:9204 973.20
Section 2:9207
102-9207-5100-00 Latigo Canyon Rdway/Retaining Tom Malloy Corporation Temp Shoring Plates - Latigo Cyn 7/20 - 8/16/23 70583 1,848.00 AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 19 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9207 1,848.00
Subtotal for Section 1: 102 2,821.20
Section 1: 103
Section 2:9050
103-9050-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 5.74 Vendor Subtotal for Section 2:9050 5.74
Section 2:9050
103-9050-5100-00 Professional Services Master Cooling Corporation City Hall HVAC Maint - Sep '23 70571 2,032.90 103-9050-5100-00 Professional Services Master Cooling Corporation City Hall HVAC Maint - Aug '23 70571 2,032.90 103-9050-5100-00 Professional Services Master Cooling Corporation City Hall HVAC Maint - Jul '23 70571 2,032.90 Vendor Subtotal for Section 2:9050 6,098.70
Section 2:9050
103-9050-5610-00 Facilities Maintenance Duthie Electrical Services Semi Annual Gen Svc 70496 370.90 103-9050-5610-00 Facilities Maintenance Duthie Electrical Services Block Heater Repairs 9/7/23 70496 1,478.29 Vendor Subtotal for Section 2:9050 1,849.19
Section 2:9050
103-9050-5610-00 Facilities Maintenance Rick Frederiksen Reimb Mileage - Pickup Generator for Scissor Lift 70498 48.73 Vendor Subtotal for Section 2:9050 48.73
Section 2:9050
103-9050-5610-00 Facilities Maintenance G.I. Industries Garbage - City Hall Green Waste Oct '23 70556 54.23 Vendor Subtotal for Section 2:9050 54.23
Section 2:9050
103-9050-5610-00 Facilities Maintenance United Rentals (North America) Inc Boom Lift Rental for Painting City Hall 70511 2,104.87 Vendor Subtotal for Section 2:9050 2,104.87
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 20 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:9050
103-9050-7300-00 Leasehold Improvements Wink Roberts Upper Roof Painting 70572 11,780.87 Vendor Subtotal for Section 2:9050 11,780.87
Subtotal for Section 1: 103 21,942.33
Section 1: 203
Section 2:3009
203-3009-5145-00 Dial A Ride Services Ventura Transit System, Inc. City of Malibu Dial-A-Ride - Aug '23 70586 6,386.75 Vendor Subtotal for Section 2:3009 6,386.75
Subtotal for Section 1: 203 6,386.75
Section 1: 211
Section 2:7021
211-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Brulte - Aug '23 70563 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
215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Toilet Unit - 9/6/23 - 10/3/23 70513 4,331.10 215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Tank - 9/5/23 - 10/2/23 70513 1,034.00 Vendor Subtotal for Section 2:7070 5,365.10
Subtotal for Section 1: 215 5,365.10
Section 1: 310
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 21 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:9066
310-9066-5100-00 Professional Services Kimley-Horn and Associates Inc PCH Signal Synch System - Jul '23 70560 22,610.99 Vendor Subtotal for Section 2:9066 22,610.99
Section 2:9104
310-9104-5100-00 Stormdrain Trash Screens-Ph 2 United Storm Water Storm Drain Trash Screens Installation Phase Two 70585 8,645.95 Vendor Subtotal for Section 2:9104 8,645.95
Subtotal for Section 1: 310 31,256.94
Section 1: 500
Section 2:7008
500-7008-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Legacy Park 7/6 - 9/6/23 Acct#29648060 70564 9,482.01 Vendor Subtotal for Section 2:7008 9,482.01
Subtotal for Section 1: 500 9,482.01
Section 1: 515
Section 2:3010
515-3010-5611-00 WWTF Maintenance Integrated Performance Consultants Inc Operation, Maint, and Mgmt - CCWWTF - Aug '23 70558 96,338.25 Vendor Subtotal for Section 2:3010 96,338.25
Section 2:3010
515-3010-5640-00 Equipment Maintenance Integrated Performance Consultants Inc Equipment Maint - CCWWTF - Aug '23 70558 1,849.34 Vendor Subtotal for Section 2:3010 1,849.34
Section 2:3010
515-3010-5721-00 Telephone Badger Meter, Inc. Meter Monitoring - Aug '23 70533 40.04 AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 22 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3010 40.04
Section 2:3010
515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 9/4/23 - 10/3/23 70499 157.61 515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 9/8/23 - 10/7/23 70499 375.58 Vendor Subtotal for Section 2:3010 533.19
Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - CCWWTF Sep '23 70556 220.26 Vendor Subtotal for Section 2:3010 220.26
Section 2:3010
515-3010-6160-00 Operating Supplies Integrated Performance Consultants Inc Operating Supplies - CCWWTF - Aug '23 70558 141.41 Vendor Subtotal for Section 2:3010 141.41
Section 2:3010
515-3010-6161-00 Chemical Supplies Integrated Performance Consultants Inc Chemical Supplies - CCWWTF - Aug '23 70558 3,682.57 Vendor Subtotal for Section 2:3010 3,682.57
Subtotal for Section 1: 515 102,805.06
Section 1: 601
Section 2:3005
601-3005-6500-00 Motor Fuels Wright Express FSC Wex Bank Gas Receipts - 8/24/ - 9/23/23 70541 2,183.14 Vendor Subtotal for Section 2:3005 2,183.14
Subtotal for Section 1: 601 2,183.14
Section 1: 602
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 23 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:7060
602-7060-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.09.2023 STD/LTD 70522 19.46 Vendor Subtotal for Section 2:7060 19.46
Subtotal for Section 1: 602 19.46
Section 1: 710
Section 2:0000
710-0000-2270-35 Env Hlth Commercial Reviews PCH 23033 LLC (Surfrider Motel) Ref- OWTS Review 70505 4,000.00 Vendor Subtotal for Section 2:0000 4,000.00
Section 2:0000
710-0000-2270-35 Env Hlth Commercial Reviews Tetra Tech Inc 6800 Westward Beach Rd -The Sunset Restaurant - EH Review 70510 213.00 710-0000-2270-35 Env Hlth Commercial Reviews Tetra Tech Inc 29170 Heathercliff Rd - House of Malibu - EH Review 70510 1,991.88 710-0000-2270-35 Env Hlth Commercial Reviews Tetra Tech Inc 29575 PCH - Spruzzo - EH Review 70510 484.00 710-0000-2270-35 Env Hlth Commercial Reviews Tetra Tech Inc 3011 Malibu Cyn Rd - HRL Labs - EH Review 70510 1,057.85 Vendor Subtotal for Section 2:0000 3,746.73
Section 2:0000
710-0000-2270-35 Env Hlth Commercial Reviews Richard Weintraub Ref- OWTS Review for 4000 Malibu Cyn Rd 70512 625.00 Vendor Subtotal for Section 2:0000 625.00
Section 2:0000
710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 29198 Larkspur - Jul '23 70573 1,385.00 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 29329 Heathercliff - Jul '23 70573 2,490.00 Vendor Subtotal for Section 2:0000 3,875.00
Subtotal for Section 1: 710 12,246.73
Section 1: 900
Section 2:0000
900-0000-2023-00 Vision Insurance Blue Shield of California PR Batch 70028.09.2023 Vision Care 70516 1,442.56 AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 24 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 1,442.56
Section 2:0000
900-0000-2024-00 Dental Insurance Delta Dental of California PR Batch 70028.09.2023 Dental Insurance 70518 8,267.36 Vendor Subtotal for Section 2:0000 8,267.36
Section 2:0000
900-0000-2025-00 Life Insurance Standard Insurance Company N2 PR Batch 70028.09.2023 Life Insurance 70522 1,185.74 Vendor Subtotal for Section 2:0000 1,185.74
Section 2:0000
900-0000-2025-01 Additional Life Insurance Standard Insurance Company N2 PR Batch 70028.09.2023 Additional Life Insurance 70523 271.48 Vendor Subtotal for Section 2:0000 271.48
Section 2:0000
900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70014.09.2023 STD/LTD 70522 3,330.50 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70028.09.2023 STD/LTD 70522 3,287.79 Vendor Subtotal for Section 2:0000 6,618.29
Section 2:0000
900-0000-2027-00 Employee Assistance Health and Human Resource Center Inc PR Batch 70028.09.2023 Employee Assistance 70515 120.93 Vendor Subtotal for Section 2:0000 120.93
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70028.09.2023 PARS - ER Share 70524 239.89 900-0000-2041-00 PARS U.S. Bank PR Batch 70028.09.2023 PARS - EE Share 70524 1,144.07 Vendor Subtotal for Section 2:0000 1,383.96
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 25 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA Account Number Description Vendor Description Check No Amount Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70028.09.2023 ICMA Def Comp - % of Salary 70519 927.72 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70028.09.2023 ER Contribution to ICMA 70519 2,950.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70028.09.2023 ICMA Def Comp - Flat Amount 70519 11,805.39 Vendor Subtotal for Section 2:0000 15,683.11
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70028.09.2023 ICMA Loan Program 70519 801.43 Vendor Subtotal for Section 2:0000 801.43
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70028.09.2023 ICMA - City Manager 70520 600.00 Vendor Subtotal for Section 2:0000 600.00
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70028.09.2023 ICMA - Dept Heads 70521 1,000.00 Vendor Subtotal for Section 2:0000 1,000.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70028.09.2023 Income Withholding Order-Calif 70517 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 37,714.55
Report Total: 1,810,470.94
AP-Transactions by Account (10/11/2023 - 8:44 AM) Page 26 DocuSign Envelope ID: FDDC9323-E85D-47CE-A9C7-29CC1448EEFA

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Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: October 11, 2023 Meeting date: October 23, 2023 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the January 23, 2023 Malibu City Council Regular meeting, and February 13, 2023 Malibu City Council Regular meeting.

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

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: Staff has prepared draft minutes for the Council meetings of January 23, 2023, and February 13, 2023.

ATTACHMENTS:

January 23, 2023 Regular meeting
February 13, 2023 Regular meeting
City Council Meeting
10-23-23
Item

3.B.3.

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
JANUARY 23, 2023

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 Silverstein called the meeting to order at 5:31 p.m.

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

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring (arrived at 5:32 p.m.) and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart

PUBLIC COMMENT ON CLOSED SESSION
Mayor Pro Tem Uhring arrived at 5:32 pm.

Mayor Silverstein opened the floor to public comment. As there were no speakers present, he read a written comment from Mari Stanley and returned the matter to the table for discussion.

RECESS TO CLOSED SESSION
At 5:34 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Legal Counsel – Anticipated litigation

1. Initiation of litigation pursuant to Government Code Section 54956.9(d)(2) Number of Cases: 2

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

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

Attachment 1
Malibu City Council
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PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring (arrived at 6:49 p.m.); and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Acting Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Manager; Rob DuBoux, Public Works Director; and T’Ana Christiansen, Deputy City Clerk

PLEDGE OF ALLEGIANCE
Councilmember Grisanti led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(2), with all Councilmembers present. He stated the Council discussed the item on the Closed Session agenda with no reportable action.

APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda. The question was called, and the motion carried 4-0, Mayor Pro Tem Uhring absent.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on January 13, 2023, with the amended agenda posted on January 20, 2023.

ITEM 1 CEREMONIAL/PRESENTATIONS
None.

ITEM 2.A. PUBLIC COMMENTS
E. Barry Haldeman commented on his opposition to the Mountains Recreation and Conservation Authority (MRCA) proposed project that would allow camping in environmentally sensitive habitat areas (ESHA). He requested that the Council help in any way they could, which included meeting with Los Angeles County Board of Supervisors representative Sheila Kuehl and the California Coastal Commission (CCC).

Jo Drummond displayed a slide of a recent fire that occurred in Tuna Canyon on a property that was reportedly occupied by individuals experiencing homelessness.

She stated the property owner should be required to reimburse the cost of the Malibu City Council
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emergency response and resources for the fire to be extinguished. She commented on the lack of safety enforcement at homeless encampments. She displayed a slide of a vista point near Big Rock and stated that brush clearance in the view corridor was not maintained by the MRCA for fire safety. She stated that there would be a discussion on beautification and landscaping on City easement properties at the upcoming Public Works Commission meeting.

Mayor Pro Tem Uhring was present in the meeting at 6:49 p.m.

Josh Spiegel congratulated the new Councilmembers. He stated that he agreed with Ms. Drummond about the recent fire at the Tuna Canyon property and that nuisance laws should be enforced. He stated that better progress should be made by the City for the establishment of community parks and requested the requested Council provide clear direction to the Parks and Recreation Commission. He stated that he was disappointed that there was no movement on the snack shack project at Bluffs Park and encouraged the Council to do whatever it took to make that happen.

Alicia Peak thanked the Councilmembers for their service. She stated that the City should hire a planner dedicated to City projects or develop a system to prioritize projects that provide a community benefit. She stated the installation of the new blue shade structures at Bluffs Park took six years. She stated that the snack shack needed to be finished and that the community needed an aquatics center, as well as other recreational facilities.

Jefferson Wagner expressed his opposition to camping in ESHA and stated that it was dangerous and problematic.

Rick Mullen congratulated the new Councilmembers and thanked all the Councilmembers for their service. He commented on the City’s Mission and Vision Statements and emphasized the importance of land acquisition in the preservation of Malibu’s natural beauty and resources. He stated that he fully supported the newly formed ad hoc committee that seemed to be geared toward land acquisition as well as a full-time grants writer so funding opportunities would not be missed.

Colin Drummond encouraged the community’s input on the neighborhood beatification program that would be discussed at the January 25, 2023 Public Works Commission Special meeting.

Julie Carmen indicated her support for an ad hoc committee focused on the protection of open space She suggested ways be found for the public to enjoy the area in a safe manner.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Scott Dittrich, Homelessness Task Force, discussed a presentation from the City of Santa Barbara that outlined their approach to homelessness with a combination of outreach and enforcement, which included support from Santa Barbara County.

Malibu City Council
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He stated they had success in helping resistant individuals.

City Manager McClary reported that the week prior he attended a meeting that provided an update on the Santa Monica College (SMC) Malibu Campus. He stated that the first classes were scheduled to be held starting February 13, 2023, and tours and a grand opening event would be held sometime during the spring. He reported that on January 19, 2023, the City conducted a multi-agency emergency exercise at City Hall based on a 7.8 magnitude San Andreas Fault earthquake scenario and there was a very good turnout and collaboration. He stated that he attended the annual organizational meeting of the Las Virgenes-Malibu Council of Governments (COG). He stated that the City submitted a letter to the CCC the prior week regarding the low-impact camping plan. He stated that the letter requested the prohibition of camping on red-flag warning days, a requirement for daily campsite inspections, prohibition of construction of camping facilities, and 100-foot setbacks from ESHA observed. He stated that the project was scheduled for consideration at the CCC’s February 8, 2023 meeting as well as the Sea View Hotel project. He reported that Westward Beach incurred significant storm damage and Los Angeles County Department of Beaches and Harbors was conducting emergency repairs in close coordination with the CCC. He confirmed that there was a fire on the afternoon of Saturday, January 21, 2023 that was believed to have originated at an illegal encampment occupied by persons experiencing homelessness. He stated that options were being explored by the City which included code enforcement action against the property owner. He announced the annual homeless count would be conducted on January 25, 2023. In response to Mayor Silverstein, he stated that the Sea View Hotel project report would be posted on the CCC’s website when it was available.

Lieutenant Dustin Carr, Los Angeles County Sheriff Department, stated that crime trends were well within the five-year trend margin. He stated that the traffic report for the month of December 2022 was issued on January 12, 2023. He reported a total of three fatal collisions for the year, which declined by five from the eight there were the year before last. He stated that speeding and unsafe turning were the main factors in traffic collisions and that most fatalities involved pedestrians. He stated a large factor in the reduction of fatal traffic collisions was the City’s efforts in outreach and providing resources to individuals experiencing homelessness. He stated that the fire in Tuna Canyon on Saturday was less than an acre in size and the person believed to have caused it had fled. He stated that the host team had contact with four persons camping on the property in September 2022 and services were offered at that time. He stated more attention would be given to such encampments. He thanked the public for their contact with him about recreational vehicles illegally parked and stated the situation would be addressed.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Riggins requested that the meeting be adjourned in memory of the lives lost in Monterey Park on Saturday. She stated that she walked to Westward Beach Road and saw the commendable restroom and roadway protection efforts Malibu City Council
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from the county and noted that there was a large amount of sand moved around, in addition to the sand that was removed during the Beaches and Harbors dune restoration project. She thanked public speakers Mr. Spiegel and Ms. Peak for their comments on the snack shack and projects that benefited the community and indicated support for the creation of recreational and arts projects on City owned land. She commented on the trash left at Surfrider Beach and stated that arrangements should be made to have it cleaned up. She stated that at the recent Planning Commission meeting, Planning Commissioner Jeff Jennings stated that the fire rebuilds had a five-year window to rebuild and keep their previous tax rate and she would like more information on that to ensure that any residents who had not been able to get their work done were protected. She commented on the rough road conditions at the Trancas bridge area that made it tough for both motorists and bicyclists and suggested the City’s Public Works Department work with Caltrans to remedy the situation. She thanked the Public Works Department for its efforts to repair the potholes on PCH and stated there was still work to be done. She thanked staff in every department and acknowledged how hard everyone worked to have the residents taken care of.

Councilmember Grisanti stated that he attended the COG meeting. He stated that he walked the Westward Beach Road site and saw the placement of rocks and stated that it looked like it would be a long while before the road would be reopened. He reported that he completed the Arts Commission survey on community needs for an arts center and encouraged members of the public to complete the survey. He stated the survey would be open through the upcoming Saturday. He stated that he was glad that there were some changes to the nuisance laws that would enable the City to pursue action to have property declared an attractive nuisance.

In response to Councilmember Riggins, Public Works Director DuBoux stated that the City was in talks with Caltrans to have that rough area of roadway in the Trancas Bridge area repaved.

Councilmember Stewart stated that he attended the COG meeting as an alternate.

He requested that an Administration and Finance Subcommittee meeting should be scheduled as soon as possible. He stated that measures should be taken for relief to be provided to people trying to rebuild their fire-affected homes as the five-year deadline referenced by Councilmember Riggins approached. He commented on his experience during his time on the Public Safety Commission, when he visited properties up in the canyons, that it was amazing how many people lived up there even past the Malibu City limits. He stated that property owners needed to take responsibility for their property so that the trash did not end up washing into the ocean after storms. In response to public speakers Mr. Speigel and Ms. Peak, he stated that a parks plan needed to be put in place to put vacant land owned by the City and land the City would own in the future into use as parkland. He acknowledged the numerous public speakers who were concerned about the acquisition and use of open space.

Mayor Pro Tem Uhring stated that he attended the meeting at the SMC Malibu Malibu City Council
Minutes of January 23, 2023

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Campus and that the college would have classes and educational programs and for all different age groups. He encouraged the community to take advantage of the educational opportunities offered. He commented on the multi-agency emergency preparedness drill and stated that he was glad the City took steps for protection of the community and helped the community to be prepared. He commented on the impressive efforts by the City to help keep various locations within the City clean.

He recognized the Volunteers on Patrol for their hard work. He requested an update on school safety efforts, especially considering the recent shootings in Monterey Park.

Mayor Silverstein discussed his attendance at the California Contract Cities conference. He stated he was seated with Los Angeles County Supervisors Janice Hahn and Lindsey Horvath and that Supervisor Horvath stated she would attend a City Council meeting once the Council returned to live meetings, and he discussed homelessness issues with Supervisor Hahn. He stated that he attended a California Strategies meeting and that Mayor Pro Tem Uhring was also in attendance. He stated that he believed that the City was always in a state of emergency since it was in the high fire severity zone. He commented on the letter sent to the CCC regarding the camping plan and stated that the submission of letters did not influence the CCC’s decisions and that legal action may be taken by the Ramirez Canyon group.

He stated that the City needed to take enforcement action using the nuisance laws against property owners who allowed unregulated encampments on their properties which posed a safety risk, specifically the Tuna Cayon area property.

In response to Mayor Pro Tem Uhring, Assistant City Manager Toney stated that school security efforts were fully underway with the City working with the Santa Monica-Malibu Unified School District.

ITEM 3 CONSENT CALENDAR
MOTION Mayor Pro Tem Uhring moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.3. and 3.B.6. The question was called, and the motion carried unanimously.

The Consent Calendar consisted of the following items:

B. New Items

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 68031-68114 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. 717 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount Malibu City Council
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of $461,838.12. City of Malibu payroll check number 53045306 and ACH deposits were issued in the amount of $247,669.60.

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

5. Acceptance of Broad Beach Road Biofiltration Repair Project Recommended Action: 1) Accept the work performed by JTEC Corporation, Inc. for the Broad Beach Road Biofiltration Repair Project, Specification No. 2091 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

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

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

MOTION Councilmember Grisanti moved, and Mayor Pro Tem Silverstein seconded a motion to approve the minutes for the January 24, 2022 Malibu City Council Regular meeting. The question was called and the motion carried 3-0, Councilmembers Riggins and Stewart abstained.

6. Professional Services Agreement with 4Leaf, Inc. for Expedited Woolsey Fire Consulting Services
Recommended Action: Authorize the Mayor to execute a two-year professional services agreement with 4Leaf, Inc. for contract planning services in an amount not to exceed $600,000.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Grisanti moved, and Mayor Silverstein seconded a motion to authorize the Mayor to execute a two-year professional services agreement with 4Leaf, Inc. for contract planning services in an amount not to exceed $600,000. The question was called and the motion carried unanimously.

RECESS At 7:49 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 8:01 p.m. with all Councilmembers present.

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) Recommended Action: Adopt Resolution No. 23-02, determining the project is categorically exempt from the California Environmental Quality Act, denying Malibu City Council
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Appeal No. 21-011 and approving Coastal Development Permit No. 18-035 for the demolition of a one-story single-family residence and associated development, totaling 2,963 square feet, and construction of a new 5,146 square foot, two-story single-family residence, swimming pool, decks, permeable driveway and other associated development, and replacement of the onsite wastewater treatment system; including Variance No. 19-062 to allow encroachment into the 100-foot buffer from an Environmentally Sensitive Habitat Area (Malibu Lagoon) and Demolition No. 18-010 for the demolition of the existing residence and associated development located in the Single-Family Medium Density zoning district within the Malibu Colony Overlay District at 23325 Malibu Colony Drive (Axel 23324, LLC).

Senior Planner Brooks presented the staff report.

The Council directed questions to staff.

Disclosures: Councilmembers Grisanti, Riggins, and Stewart and Mayor Pro Tem Uhring
Mayor Silverstein opened the floor to public comment.

Speakers: Jackson McNeill, Victor De la Cruz, and Jo Drummond Jackson McNeill provided rebuttal to public comment.

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

The Council discussed the item and directed questions to staff, Mr. McNeill, and Mr. De la Cruz.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 23-02, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal No. 21-011 and approving Coastal Development Permit No. 18-035 for the demolition of a onestory single-family residence and associated development, totaling 2,963 square feet, and construction of a new 5,146 square foot, two-story single-family residence, swimming pool, decks, permeable driveway and other associated development, and replacement of the onsite wastewater treatment system; including Variance No. 19-062 to allow encroachment into the 100-foot buffer from an Environmentally Sensitive Habitat Area (Malibu Lagoon) and Demolition No. 18- 010 for the demolition of the existing residence and associated development located in the Single-Family Medium Density zoning district within the Malibu Colony Overlay District at 23325 Malibu Colony Drive (Axel 23324, LLC).

The Council discussed the motion and directed questions to staff.

Malibu City Council
Minutes of January 23, 2023

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

B. Approval of Use of Community Development Block Grant (CDBG) funds for Fiscal Year 2023-2024
Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 23-03 authorizing and approving the use of $9,900 in CDBG funds for the Malibu Community Labor Exchange and the use of $56,100 in CDBG funds for the permanent trailer project or for the construction of an office for the Day Labor Exchange Program.

Assistant Manager Toney presented the staff report.

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

The Council directed questions to staff.

MOTION Councilmember Stewart moved, and Mayor Pro Tem Uhring seconded a motion to adopt Resolution No. 23-03 authorizing and approving the use of $9,900 in CDBG funds for the Malibu Community Labor Exchange and the use of $56,100 in CDBG funds for the permanent trailer project or for the construction of an office for the Day Labor Exchange Program. The question was called, and the motion carried unanimously.

ITEM 5 OLD BUSINESS
A. Hybrid Meetings Proposal and Transition Plan
Recommended Action: 1) Consider a proposal for hybrid meetings; and 2) Provide direction on the meeting format for Commission, Committee, and Board meetings City Clerk Pettijohn presented the staff report.

City Manager McClary addressed the Council about staffing issues.

The Council directed questions to staff.

Mayor Silverstein opened the floor to public comment.

Speaker: Jo Drummond
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

MOTION Mayor Silverstein moved to direct that the Council will return to in-person meetings on March 27, 2023, which would be conducted in the following manner: a) the Council will hold meetings in person but also allow remote participation pursuant Malibu City Council
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to AB 361, but encourage city council members to appear in person; b) members of the public will be able to participate in-person or via Zoom, and Zoom participants will be able to appear on camera; c) members of the public must signup to speak prior to the beginning of the item being called by the Mayor; d) allowing time deferrals any individual, up to 5 extra minutes; and e) meetings will be canceled if the City is unable to broadcast.

FRIENDLY AMENDEMENT
Mayor Pro Tem Uhring seconded the motion and moved to: a) not allow time deferrals; and b) to cancel meetings if there is a power outage or other disruption that would prevent half or more of the City from being able to participate via Zoom.

The amendment was accepted by the maker of the motion.

The Council discussed the amended motion.

FRIENDLY AMENDMENT
Councilmember Grisanti moved to have members of the public participating via Zoom not shown on camera.

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

FRIENDLY AMENDMENT
Councilmember Stewart moved to: a) have the pilot program start with the City Council starting second meeting of March; and b) direct all other Commissions and Committees to continue meeting virtually pursuant to AB 361.

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

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

The question was called and the amended motion carried 4-1, Councilmember Riggins opposed.

MOTION Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion to hear Item Nos. 6.A. and 6.B. past 10:30 p.m.

FRIENDLY AMENDMENT
Councilmember Riggins moved to amend the motion to also hear Item No. 7.B. past 10:30 p.m.

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

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

ITEM 6 NEW BUSINESS
Malibu City Council
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A. Malibu Farmers Market Fee Waiver
Recommended Action: Consider whether to approve the request from the Cornucopia Foundation to waive the facility use and permit fees for the Malibu Farmers Market at Legacy Park.

Acting Community Services Director Riesgo presented the staff report.

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

The Council discussed the item.

MOTION Mayor Pro Tem Uhring moved, and Councilmember Stewart seconded a motion to approve the request from the Cornucopia Foundation to waive the facility use and permit fees for the Malibu Farmers Market at Legacy Park.

FRIENDLY AMENDMENT
Councilmember Grisanti moved to waive only half of the facility use permit fee for the Malibu Farmers Market at Legacy Park.

The amendment was not accepted by the maker of the motion.

The Council discussed the motion and directed questions to staff.

FRIENDLY AMENDMENT
Mayor Pro Tem Uhring moved that any additional requests for fee waivers must include a copy of the Cornucopia Foundation’s tax returns.

The amendment was accepted by the seconder of the motion.

The question was called and the amended motion carried unanimously.

B. Resolution Ratifying the Director of Emergency Services’ Proclamation of Existence of a Local Emergency
Recommended Action: Adopt Resolution No. 23-04 ratifying the proclamation of existence of a local emergency by the Director of Emergency Services.

City Manager McClary provided the staff report.

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

MOTION Councilmember Riggins moved, and Mayor Silverstein seconded a motion to adopt Resolution No. 23-04 ratifying the proclamation of existence of a local emergency by the Director of Emergency Services. The question was called, and the motion carried unanimously.

Malibu City Council
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ITEM 7 COUNCIL ITEMS
B. City Council Library Subcommittee Appointments
Recommended Action: Affirm or modify appointments to the Library Subcommittee.

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

MOTION Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion to appoint Mayor Silverstein to the Library Subcommittee.

The Council discussed the motion.

The question was called, and the motion carried unanimously.

MOTION Councilmember Riggins moved, and Mayor Silverstein seconded a motion to hear Item No. 7.A. after 10:30 p.m. The question was called and the motion failed 4-1, Councilmember Grisanti opposed.

A. Proposed Elimination of the Fee for an Appeal to the City Council from a Decision of the Planning Commission that Would be Appealable Directly to the California Coastal Commission if There Were a Fee for an Appeal to the City Council (Mayor Silverstein and Councilmember Stewart) (Continued from January 9, 2023) Recommended Action: At the request of Mayor Silverstein and Councilmember Stewart, consider eliminating the fee for an appeal to the City Council from a decision of the Planning Commission that would be appealable directly to the California Coastal Commission if there were a fee for an appeal to the City Council.

This item was continued to the February 13, 2023 Regular City Council meeting.

ADJOURNMENT
Mayor Silverstein adjourned the meeting at 11:11 p.m. in memory of the victims of the Monterey Park shooting.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
Malibu City Council
Minutes of January 23, 2023

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(seal)

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
FEBRUARY 13, 2023

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 Silverstein called the meeting to order at 5:00 p.m.

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

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins (arrived at 5:01 p.m.) and Doug Stewart

REPORT ON POSTING OF AGENDA
Councilmember Riggins arrived at 5:01 p.m.

City Clerk Pettijohn reported that the agenda for the meeting was properly posted on February 2, 2023.

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

Speakers: None

RECESS TO CLOSED SESSION
At 5:03 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Legal Counsel – Existing Litigation

1. Pursuant to Government Code Section 54956.9(d)(1)
Jason Riddick et al. v. City of Malibu, LASC Case No. 21SMCP00655 Conference with Legal Counsel – Anticipated litigation

2. Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Number of Cases: 1
Attachment 2
Malibu City Council
Minutes of February 13, 2023

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Letter from Marshall Camp dated January 24, 2023, re: Aviator Nation

CUPA/JUPA
Conference with Real Property Negotiators

1. Properties: APN 4453-005-013
APN 4453-005-018
APN 4453-005-111
APN 4453-005-114
APN 4453-005-117
APN 4453-005-118
APN 4459-004-001
APN 4459-004-004
APN 4459-005-003
APN 4459-005-013
APN 4459-005-001
Agency Negotiator: Councilmembers Marianne Riggins and Doug Stewart Negotiating Parties: EQ Property Holdings LLLP
Under Negotiation: Price and terms of payment

REGULAR SESSION CALL TO ORDER
Mayor Silverstein 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 Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Acting Community Services Director; and Richard Mollica, Planning Director

PLEDGE OF ALLEGIANCE
Councilmember Grisanti led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Sections 54956.9(d)(1) and 54956.9(d)(2), with all Councilmembers present and discussed the items listed on the closed session agenda. He stated the Council discussed the items on the Closed Session agenda with no reportable action.

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REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on February 2, 2023.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to approve the agenda and to adjourn the meeting in memory of Guy Weston Embree.

The question was called, and the motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
None.

ITEM 2.A. PUBLIC COMMENTS
Brian Manor discussed the temporary restaurant recovery program, which allowed outdoor dining and requested an extension of the program to have the needs of the community met. He stated that many communities allowed outdoor dining and shopping because they served as opportunities that brought people together.

Jo Drummond discussed the variances required for construction of small structures, such as decks, fences, or sheds in geologically hazardous areas. She stated that for almost 30 years, the community of Big Rock had no variances applied in their landslide area for even large additions and dangerous excavations. She stated that the pursuit of a variance for small projects was cost prohibitive and tedious to homeowners and discouraged property improvements. She discussed the deck she wanted to build on her property. She stated that variances and slope stability studies should only be required for projects above ten percent total development square footage increases in size. She requested to have the matter addressed at an upcoming City Council meeting.

Mario Sandoval, Mountains Recreation and Conservation Authority (MRCA) Project and Coastal Planner, provided an update on the Malibu Lower Cost Accommodations Public Works Plan. He stated the MRCA initiated a Notice of Preparation and a public scoping period from October 17, 2022, through December 16, 2022. He stated that they received more than 260 public comments during the 60-day public scoping period, which was 30 days beyond the legal requirement. He reported that the public scoping meeting held on October 27, 2022, was wellattended by local residents. He stated that the comments would be included in the public scoping summary report that would be an Exhibit to the draft of the Environmental Impact Report which would enter a public review period toward the end of 2023 or the beginning of 2024.

Lloyd Ahern , President of the Las Tunas Homeowners Association, requested that Malibu City Council
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an update on the California Coastal Commission (CCC) meeting held on February 8, 2023, from Planning Director Mollica. He commented on an article that appeared on the front page of The Malibu Times newspaper on the problems in Tuna Canyon.

He stated when the area was affected by fires the City and first responders did a commendable job. He stated fire safety vigilance was important because despite the eight inches of rain the area received in recent months there was an unseasonably early fire in February. He requested an update from Interim City Attorney Rusin about legislation to address the shared homeownership company Pacaso.

Scott Tallal requested that Malibu Film Society screenings be allowed in Malibu.

He stated that 18 months prior, the City’s Planning Department informed the Malibu Jewish Center and Synagogue (MJCS) they would be cited for code violations unless they stopped hosting events at their facility and several months later, they informed the Malibu Pacific Church the same. He stated he had correspondence from former City Manager Jim Thorsen confirming the former City Council implicitly approved their screenings at MJCS and approved their general funds grants in 2009 and again in 2010. He discussed how Malibu Film Society events held outside the City did not benefit the Malibu community. He stated the Malibu Pacific Church was specifically designed to accommodate events like theirs, and therefore a temporary use permit was not needed. He requested the matter be addressed at the next meeting.

Bill Sampson stated that shared homeownership company Pacaso should be addressed before the matter became problematic like Airbnb. He stated that former City Attorney John Cotti had worked on the issue. He stated that he had previously sent the City Council his remarks on Policy 43 and that he hoped that the matter would be revisited. He commented on the increased number of homes in his neighborhood that were used as short-term rentals. He stated that he thought it was not coincidental that the Sea View Hotel project was heard by the CCC after the City’s hosted STR ordinance. He stated that if the hotel were allowed, the lack of accommodations the CCC based their objections on the hosted portion of the City’s STR proposal would have been alleviated. He stated that the construction of the hotel should be allowed and that STRs should not.

Norm Haynie stated that he thought that the CCC would have the final version of the Sea View Hotel approval to the City by the end of the week and that it would be appreciated it if the matter was placed on the City Council meeting’s Consent Calendar as soon as possible. He stated that some wordsmithing was done, but there were no changes in intent for the project that the City approved over one year prior.

Amy Oosterhouse stated that she lived up Carbon Canyon, on Carbon Mesa Road and that she recently received a notice in the mail for an application for the placement of wireless 5G mobile antenna right next to her house. She stated that she had sensitivities to antennas that caused her health issues and discussed the potential health impacts of 5G. She stated that she left a message for the City’s case planner for the project, Brian Martinez.

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Tim Pera , MRCA Supervisory Agent for the Coastal Region in Malibu, introduced himself. He provided an update on the activities of the rangers in Malibu. He stated that additional patrols were added for safety and fire prevention and that more officers and trash cans were added for the public parks to be kept clean and safe.

He stated that they received one service call about a disabled vehicle parked along the road in Tuna Canyon for three days. He stated that after they met with City staff, they were given permission for the addition of two trash cans at the Carbon La Costa beach accessway and that cameras would be installed. He stated that they had a total of 50 trash cans at 18 parks and beach accessways which helped them be kept clean.

Kraig Hill commented on uses for the City’s vacant parcels. He stated that the Malibu Arts Commission was interested in an Arts Center and the Parks and Recreation Commission was interested in parks, and that each brought their own perspective. He recommended the City for a committee with community members and other interested parties to recommend how the land should be used, rather than hiring a consultant. He suggested low-cost uses or use as open space in the shortterm until the long-term more elaborate projects were implemented. He stated that codes that prevented smaller projects from being built without a variance should be addressed by the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES). He requested an update on the shared homeownership matter from Interim City Attorney Rusin and expressed his support for film screenings in Malibu.

Vanessa Garcia was not present at the time of the hearing.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary reported that COVID-19 numbers declined since their peak in November and December of 2022, with a decrease in test positivity, death, and hospitalization rates. He stated that the seven-day average testing positivity rate was down to 5.15 percent and that they remained at the low transmission rate. He stated that he attended the City Managers Conference in Carlsbad, California. He stated that he attended the Council of Governments Technical Advisory Committee meeting and reviewed some of the year’s goals. He reported that he attended a meeting of the Clean Power Alliance, and their competitiveness in the marketplace was discussed. He stated that the City’s Public Safety staff attended a meeting at the King Gillette Ranch on wildfire resiliency which remained an ongoing topic of concern for the City, despite the eight inches of rain received in recent months.

Planning Director Mollica discussed the actions taken by the California Coastal Commission (CCC) the week prior at the hearing and highlighted some of the comments the City made at the meeting. He stated that the Los Angeles County camping Local Coastal Program Amendment (LCPA) was received and filed, despite the City’s verbal and written objection. He stated that when the CCC approved the LCPA, they removed the fire and safety provisions, such as no camping on red flag days, daily campsite inspections, prohibition of cooking Malibu City Council
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facilities, and the 100-foot setback from environmentally sensitive habitat areas (ESHA). He stated that he provided verbal comments on the City’s Wireless LCPA and Sign LCPA. He stated that both LCPA submissions were deemed complete in November 2022 and the City awaited comments and recommendations from the CCC. He stated that the LCPA for the Sea View Hotel which were approved by the CCC with the suggested modifications made by City staff and that it would be brought back to the City Council for certification. He discussed next steps for the LCPA.

City Manager McClary stated that a discussion on outdoor restaurant seating options would be on the March 13, 2023 City Council meeting agenda.

Lieutenant Dustin Carr, Los Angeles County Sheriff Department, stated that most crime was down on a year-over-year basis, and they were in line with the preCOVID-19 five-year trend. He stated that their traffic and ticket-reporting programs had some errors and that he hoped to have those numbers by the next meeting. He stated that the host team worked with the Los Angeles County Department of Beaches and Harbors at Surfrider Beach and cleared out the illegal encampments. He stated that the Thursday prior, the host team went through Zuma Beach and the Point Dume area on all-terrain vehicles and contacted several people experiencing homelessness and offered them information on services. He stated that the Crime Impact Team continued their citation issuance program, and the open position on that team was filled. He stated that the prior Monday, he met with the Sheriff Department Facilities Management Bureau at the new Santa Monica College (SMC) Malibu Campus substation site and worked on technology infrastructure and the project was on schedule. He reported that there was a family disturbance that involved a firearm in the 29000 block of Bluewater Road where a helicopter circled the area for an extended period, but the incident ended peacefully without injury.

In response to Mayor Pro Tem Uhring, Lieutenant Carr stated that the early car program was effective by virtue of the improvements seen in the reduction of illegally parked recreational vehicles along PCH and that Sheriff cars in the area during the early morning hours provided a reduction in response times, a presence in the community, education to the public, and enforcement of parking and other laws. He stated that the number of citations issued and the criteria for effectiveness evaluation and whether fulfillment of the mission of the car set forth by the City could be provided.

Lieutenant Carr introduced Sargeant William Velek and stated that he wanted the Councilmembers and the community to get to know him and his role in Malibu.

Sargeant William Velek, Los Angeles County Sheriff Department Juvenile Team and Summer Beach Team, stated that he worked on school campus safety. He stated that they conducted campus walk-throughs at all the Malibu schools and reviewed suggested improvements with the school’s administration at each site and discussed their visitor policies. He discussed recent lock-down drills at the Middle and High Malibu City Council
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Schools and table-top drills conducted with school staff on a lockdown active shooter sniper scenario. He stated that a meeting was held that evening at the High School and two members of the Sheriff Department were on a panel social media safety for students.

In response to Mayor Silverstein, he stated that school staff responded well to the drills and were receptive to suggestions to improve security. He stated some terminology was changed so that it matched what was used by the Sheriff Department for the same language to be used by all of the schools. He stated that plain English rather than codes for lockdowns were used, for understanding, coordination, and communication. He stated that they collected school emergency plans for Sheriff Emergency Operations Center use should a response become necessary. He stated that there were no threats to the campuses during their threat assessment and if a student posted something of concern on social media, a house check would be conducted and followed up. He stated that there were no incidents in Malibu, but there was a potential incident in another city, which turned out to be a non-threat, but they went through their process, and everything went well.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Stewart stated that he met with the Baker Tilly consultants. He stated that he attended a Library Speaker Series event on ocean health and encouraged the public’s attendance at the series. He stated that he attended the League of California Cities New Mayors and Council Members Academy and found the information on the Brown Act very beneficial. He stated that he reviewed the legislative actions that were pending and in process and found it informative, and of particular interest was a business roundtable initiative. He stated that he attended a session on municipal and government accounting and revenue management. He stated that out of the 350 attendees, only three indicated their meetings were not held in person and two of those were himself and Councilmember Riggins. He stated that he viewed the CCC hearings on the Sea View Hotel and the County’s camping proposal.

Councilmember Riggins stated that she attended a Development Services Ad Hoc Committee meeting and a School District Separation Ad Hoc Committee meeting.

She stated she attended the League of California Cities New Mayors and Council Members Academy and found it interesting, and she met a lot of colleagues from around the state. She encouraged attendance at any of their conferences because they were very informative. She stated that she participated as a judge for the Boys and Girls Club Youth of the Year program where Anthony was selected for the local club. She stated that the four candidates were all very remarkable and encouraged everyone to learn more about the Boys and Girls Club and their impact on the community’s youth. She stated that she introduced Dr. Douglas McCauley at the Library Speaker Series event on ocean health and found it amazing and an exciting subject. She thanked the City’s Public Safety Department, the Los Angeles County Sheriff Department, and the Los Angeles County Department of Beaches and Harbors for the assistance they provided the people on Surfrider Beach and the Malibu City Council
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cleanup involved. She stated that she also noticed that the Department of Beaches and Harbors opened the road to the Westward Beach parking lot for Point Dume State Beach and was interested in the emergency steps they took in road and restroom protection and their future plans. She stated that she wanted to ask her fellow Councilmembers about extending an invitation to their state leaders and other people around the state to visit the Malibu community so they could see the great environmental work, the number of visitors to the city, and the access provided to the beaches and State Parks.

Councilmember Grisanti stated that he was interviewed for the Baker Tilly consultants’ report and that he looked forward to the finished product. He stated that he attended Dr. Amarjit Singh Marwah’s 97th birthday celebration which was attended mostly by doctors since he was associated with UCLA’s medical school for a long time. He stated that he attended the CCC hearing on the Sea View Hotel and testified in support of the project, and he looked forward to it coming back to the City Council for certification. He stated that he attended the School Separation Ad Hoc Committee meeting, and that he felt that there was progress made and hoped for a big announcement soon. He stated that he attended the Library Speaker Series event on ocean health and a classical guitar student concert at the library. He stated that he looked forward to the opening of the SMC Malibu Campus and hoped to tour the campus.

Mayor Pro Tem Uhring, in response to Mr. Manor, stated that there was a newspaper article the week prior that discussed the public benefit of al fresco dining and that he thought that the matter would move forward. In response to Mr. Tallal, he stated that the Malibu Film Society was offered the City Hall theater for their film screenings, and they declined the offer. In response to Mr. Haynie, he stated that he listened to the CCC hearing on the Sea View Hotel and commented that he was amazed about the CCC’s demand for $800,000 from Mr. Haynie. He requested Mr. Pera provide contact information for the public to request trash can placement in areas the MRCA was responsible for. He thanked the Malibu Country Mart and Michael Koss for the removal of the lights that were along the top of the buildings so they were more compliant with the Dark Sky Ordinance. He stated that he heard from the public that the SMC had lighting that was not Dark Sky compliant, and he spoke to Planning Director Mollica about having that addressed. He stated that he had received email messages from residents who requested that the farmers’ market remain in Legacy Park and that he would like that option explored. He stated that he thought an item on shared homeownership was supposed to be on the agenda.

In response to Mayor Pro Tem Uhring, Planning Director Mollica stated that a report on shared homeownership was in progress, and they awaited a meeting with the CCC’s new attorney assigned to the area. He stated that they wanted to be certain that no modifications were necessary to the City’s Local Coastal Program and that it could be done strictly through the Malibu Municipal Code.

In response to Mayor Pro Tem Uhring, Interim City Attorney Rusin stated that the shared homeownership discussion should not be opened, but stated that they wanted Malibu City Council
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to be certain that the City was on the same page as the CCC about the process that the City outlined. He stated that they had a good conversation with the CCC but wanted that conversation to be continued with their attorney.

In response to Mayor Pro Tem Uhring, Planning Director Mollica provided a timeline for the shared homeownership matter and stated it would be discussed by the City Council prior to the Planning Commission discussion. He stated that the report would be provided to City Manager McClary for his review, which would put the item on one of the March City Council meeting agendas.

Mayor Pro Tem Uhring stated that he attended the weekly meetings with the California Strategies consultants that were very helpful and felt the City received value for their money as there were many entities that the City worked with, including the MRCA and the CCC. He commented on the Development Services Ad Hoc Committee meetings with the Baker Tilly consultants. He stated that he believed in order for the correct answer to be arrived at, the consultants needed to learn how Malibu worked as a City, as a community, and as the municipal government. He stated he received an email from the consultant which informed him that the City Manager negotiated an agreement that restricted any oversight by the City Council or any City Council subcommittee. He stated that the consultant informed him that they rarely worked with a City Council subcommittee and the requirement of subcommittee interface was not specified in the City’s request for proposals. He discussed his efforts to get the subcommittee working. He stated that he would bring forward a motion for the dissolution of the subcommittee and the City Manager would be relied upon for information on the progress of the consultants.

Councilmember Riggins stated that she was disappointed in the assertions that there was some type of inappropriate behavior by the City Manager with regards to the consultants. She stated that she thought the reports would have suggestions from Councilmembers incorporated and that the process needed to be allowed to go a little bit further. She suggested if Mayor Pro Tem Uhring wanted to step down from the Development Services Ad Hoc Committee, interest from other Councilmembers could be sought, but she thought dissolution was not appropriate and it was too early to warrant that type of move.

Mayor Silverstein thanked the public speakers, as well as persons who submitted written comments. He stated that over the past two weeks he participated on calls with Mayor Pro Tem Uhring and California Strategies representatives, and that multiple matter were worked on that could not yet be publicly discussed, but more information would be forthcoming, some of which would hopefully have relief provided to those who lost their homes in the Woolsey Fire who had experienced delays. He stated that he was interviewed by representatives from Baker Tilly. He stated that he attended a Southern California Mayors leadership conference at Claremont Graduate University’s Drucker School of Management about leadership and entrepreneurship of cities. He stated that it was interesting and confirmed to him that Malibu was very different in that most cities were heavily focused on the Malibu City Council
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creation of more development and business, and how to make money, and Malibu was focused on maintaining the rural beauty of the city. He stated that he accepted an invitation from the Pepperdine Caruso School of Law to attend their upcoming third annual Belonging Awards ceremony that celebrated social justice, equity, and inclusion. He stated that at their request, he provided them with a letter, and it could be obtained through a request to the City. He stated that he read the CCC’s staff reports about all the subjects. He discussed the County’s decision to accept the conditions on the ESHA camping LCPA and the CCC Executive Director’s report.

He commented that there would be a conversation on the outdoor dining matter and that he had suggested a 90-day grace period for restaurants to make arrangements and for the City to develop an ordinance. He discussed the impacts on parking, septic capacity, and other community impacts. In response to Ms. Drummond, he stated that he thought that matter was a topic that was appropriate for ZORACES to consider and that it would work its way up to the City Council level. He stated that he appreciated the report from MRCA and that it was requested they be made a regular part of the Council meeting agenda. In response to Mr. Ahern, he stated that the requested explanation was provided by Planning Director Mollica, and the requested report from Interim City Attorney Rusin on Pacaso, would be forthcoming. In response to Mr. Tallal, he stated that the prospect of using the newly finished Santa Monica College might suffice as an appropriate venue for the Malibu Film Society’s screenings. In response to Mr. Sampson, he stated that the STRs needed to be dealt with. In response to Ms. Oosterhouse, he suggested she contact Lonnie Gordon and the group of people she worked with as they were very in tune with the 5G issue and worked to keep the equipment away from homes. In response to Mr. Hill, he stated that he agreed that a robust process for usage of the City’s vacant land should be implemented. He expressed concern that the Chili Cookoff site was covered with gravel by Southern California Edison (SCE) and the City excused them of the obligation to have it restored. He stated that there would be a full City Council hearing on the Sea View Hotel project and not be placed on the Consent Calendar. He stated that the LCPA submitted by the City had been denied and the CCC was recommending a different LCPA. He discussed whether the $800,000 fee imposed by the CCC should have been directed to the City or the CCC and expressed concern regarding ow the funding may be used. He stated that the farmers’ market held at Legacy Park could pose a health code issue as there were pets allowed in the park and the intent was for the farmers’ market to return to the SMC parking lot once construction was concluded.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.7. and 3.B.8. were pulled by the Council.

MOTION Councilmember Grisanti moved, and Mayor Pro Tem Uhring seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.7. and 3.B.8. The question was called, and the motion carried unanimously, Councilmembers Riggins’ and Stewart’s abstaining from Item No. 3.B.3.

The Consent Calendar consisted of the following items:

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B. New Items

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 68115-68277 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. 718 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,643,829.76. City of Malibu payroll check number 5307-5313 and ACH deposits were issued in the amount of $501,634.40.

3. Approval of Minutes
Recommended Action: Approve the minutes for the February 4, 2022 Malibu City Council Special meeting.

4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 22- 25, reauthorizing remote teleconferencing/virtual meetings pursuant to AB 361.

5. Professional Services Agreement with Pro Sound Inc.

Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Pro Sound Inc. for replacement of the Council Chambers lighting dimmer system.

6. Integrated Regional Water Management Implementation Grant Recommended Action: Adopt Resolution No. 23-06 approving the adoption of the 2017 Updated Greater Los Angeles County Integrated Regional Water Management Plan.

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

7. Annual Comprehensive Financial Report and Management Letter for Fiscal Year 2021-2022
Recommended Action: Receive and file the Annual Comprehensive Financial Report for Fiscal Year 2021-2022.

Assistant City Manager Toney presented the staff report.

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

The Council discussed the item and directed questions to staff.

The Council received and filed the Annual Comprehensive Financial Report for Fiscal Year 2021-2022.

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8. Amendment to Professional Services Agreement with California Skateparks
Recommended Action: Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with California Skateparks.

Acting Community Services Director Riesgo presented the staff report.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with California Skateparks. The question was called, and the motion carried unanimously.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
None.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
None.

ITEM 7 COUNCIL ITEMS
A. Proposed Elimination of the Fee for an Appeal to the City Council from a Decision of the Planning Commission that Would be Appealable Directly to the California Coastal Commission if There Were a Fee for an Appeal to the City Council (Mayor Silverstein and Councilmember Stewart)
Recommended Action: At the request of Mayor Silverstein and Councilmember Stewart, consider eliminating the fee for an appeal to the City Council from a decision of the Planning Commission that would be appealable directly to the California Coastal Commission if there were a fee for an appeal to the City Council.

Mayor Silverstein presented the report and opened the floor to public comment.

Speakers: Cynthia Martin, Ken Kearsley, Evan Contino, and Howard Rudzki M. Ford , Nino Posella, and Michelle Calvert were not present at the time of the Malibu City Council
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hearing.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Stewart moved, and Councilmember Grisanti seconded a motion to continue to the item to a date uncertain.

The Council discussed the motion.

FRIENDLY AMENDMENT
Mayor Pro Tem Uhring moved to have the matter returned to the Council for discussion 30 days after the completion of the consultant’s report the item.

The amendment was not accepted by the maker of the seconder of the motion.

The Council discussed the motion.

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

RECESS At 9:09 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 9:20 p.m. with all Councilmembers present.

B. Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2023 Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly
Recommended Action: Designate the City’s voting delegate and alternate voting delegate for the Southern California Association of Governments 2023 Annual Regional Conference and General Assembly scheduled for May 4-5, 2023 in Palm Desert.

City Manager McClary presented the staff report.

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

The Council discussed the item.

MOTION Mayor Silverstein moved, and Councilmember Stewart seconded a motion to designate Councilmember Riggins as the voting delegate and Councilmember Grisanti as the alternate voting delegate for the Southern California Association of Governments 2023 Annual Regional Conference and General Assembly scheduled for May 4-5, 2023 in Palm Desert. The question was called, and the motion carried unanimously.

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C. Council Appointment to the Public Works Commission
Recommended Action: Councilmember Grisanti may make a new appointment to the Public Works Commission
Councilmember Grisanti appointed Don Maclay to the Public Works Commission.

Mayor Silverstein opened the floor to public comment.

Speaker: Jo Drummond
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

The Council discussed the appointment.

ADJOURNMENT
At 9:28 p.m., Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to adjourn the meeting in memory of Guy Weston Embree. The question was called, and the motion carried unanimously.

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Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Uhring 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: October 11, 2023 Meeting date: October 23, 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.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

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
10-23-23
Item

3.B.4.

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

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

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

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

ATTACHMENTS:

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

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

CONTINUATION OF VIRTUAL MEETINGS AND AUTHORIZING VIRTUAL

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

SECTION 1. Recitals.

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

Page 2 of 3 ends

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

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

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

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

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

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

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

ATTEST:

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

Page 3 of 3 ends

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

A YES: 5 Councilmembers:

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

Page 1 of 2 ends

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: October 2, 2023 Meeting date: October 23, 2023 Subject: Amendment to Agreement with Fox Weather, LLC
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 to Professional Services Agreement with Fox Weather, LLC to allow for a two-year extension for quantitative weather forecasting services.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 in Account No. 100-3001-5100 (Professional Services).

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: On November 1, 2019, the City entered into an agreement with Fox Weather, LLC to supply accurate and timely weather forecast to the City. Fox Weather uses a combination of scientific analysis, data interpretation, and computerized weather models to provide valuable information to the Public Works Department.

Fox Weather has provided staff with up-to-date data regarding severe weather events, heavy rainfall, and recently, tropical storm events. Their expertise is essential for helping the City prepare for and respond to various weather-related challenges.

On November 1, 2021, the City extended the agreement with Fox Weather, LLC for two years expiring on November 1, 2023. Fox Weather has performed very well throughout the duration of their agreement with City providing invaluable services, including providing the Public Works department data to schedule the maintenance crews during storm City Council Meeting
10-23-23
Item

3.B.5.

Page 2 of 2 ends

Agenda Item # 3.B.5.
events. Staff recommends the Mayor execute Amendment No. 2 extending the term of the agreement for an additional two years, expiring on November 1, 2025. Staff will be preparing a request for qualifications in the year 2025 for these services.

ATTACHMENTS: Amendment No. 2 to Agreement with Fox Weather, LLC AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on October 23, 2023, by and between the CITY OF MALIBU, hereinafter referred to as City, and Fox Weather, LLC., hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On November 1, 2019, the City entered into an Agreement with Consultant for quantitative precipitation services (the “Agreement”).

B. On November 1, 2021, the City extended the Agreement through November 1, 2023.

C. The City desires to amend the Agreement to extend the term of the Agreement to November 1, 2025.

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 November 1, 2025.

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

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

This Agreement is executed on ______________________, at Malibu, California, and effective as of November 1, 2023.

CITY OF MALIBU:
____________________________________
PAUL GRISANTI, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: Alan D. Fox
Title: Director

Page 1 of 3 ends

Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Julie Santia, Associate Engineer
Reviewed by: Rob DuBoux, Public Works Director
Approved by: Steve McClary, City Manager
Date prepared: August 31, 2023 Meeting date: October 23, 2023 Subject: Award Trancas Canyon Park Upper and Lower Slopes Repair Project RECOMMENDED ACTION: 1) Authorize the Mayor to execute a construction contract with GMZ Engineering, Inc. in the amount of $1,599,001 for the Trancas Canyon Park Upper and Lower Slopes Repair Project, Specification No. 2092; 2) Authorize the Public Works Director to approve potential change orders up to 15% of the contract; and 3) Appropriate $1,117,655 in Account No. 102-9209-5100 (Trancas Canyon Park Repairs).

FISCAL IMPACT: Funding for this project is included in the Adopted Budget for FY 2023- 24 in Account No. 102-9209-5100 (Trancas Canyon Park Repairs) in the amount of $856,971. Funds for this project are being supplied by the Joint Powers Insurance Authority (JPIA) for the repairs to Trancas Canyon Park. However, the current funds are insufficient, an additional $1,117,655 is required to complete these repairs.

Additional funding for this project can be added from the fund balance of a recently completed project funded by JPIA, and from the General Fund Undesigned Reserve. JPIA funded the Broad Beach Road Water Quality Improvements Project in the amount of $578,521. This project was completed in January 2023 resulting in a balance of $254,105 of unused funds. JPIA has informed the City that the balance of the funds could be used for the Trancas Canyon Park Upper and Lower Slopes Repair Project. An additional $863,550 in General Fund Undesigned Reserve is needed to fully fund this project.

City Council Meeting
10-23-23
Item

3.B.6.

Page 2 of 3 ends

Agenda Item # 3.B.6.

Existing Funding Estimated Costs
JPIA
Total JPIA Amount
$856,971
$856,971
Design Services
Construction
Contingency
Total
$135,625
$1,599,001
$240,000
$1,974,626
Funding Shortfall $1,117,655
JPIA Balance (Broad Beach Road) $254,105
Additional General Fund Undesigned Reserve Request $863,550 Therefore, staff recommends increasing the appropriation to this project an additional $1,117,665, reallocate $254,105 from Account No. 102-9212-5100 (Broad Beach Road Water Quality Improvements) to Account No. 102-9209-5100 (Trancas Canyon Park Improvements), and allocate $863,550 from the General Fund Undesignated Reserve to Account No. 102-9209-5100 (Trancas Canyon Park Improvements), for a total revised budget of $1,974,626. The projected General Fund Undesignated Reserve at June 30, 2023 is $64,214,264.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: This project includes the repairs at Trancas Canyon Park that suffered damages due to the Woolsey Fire. The irrigation on the upper slope was destroyed during the fire and will be repaired to pre-fire condition. The fire damaged concrete drainage facilities and caused stability issues due to erosion on the lower slope at the east boundary of the park. Repairs include replacing concrete v-ditch, and the installation of anchored wire mesh and jute netting for erosion control.

The City advertised the project specifications for the Trancas Canyon Park Upper and Lower Slopes Repair Project according to the formal competitive bidding process on June 15 and 22, 2023. One contractor submitted a bid by the deadline of July 27, 2023.

Contractor Bid Amount
GMZ Engineering, Inc. $1,599,001
Staff reviewed the bid submitted by GMZ Engineering and found it to be in order and in conformance with the bid requirements. Although the City only received one bid for this project, Staff compared this bid to similar work in other cities and found that the City’s bid was comparable to those recent bids. Staff has also verified the contractor’s license is current and in good standing. GMZ Engineering successfully completed over three projects with the City within the last few years.

Page 3 of 3 ends

Agenda Item # 3.B.6.

Council Policy #44 requires that all proposed appropriations over $10,000 be reviewed and discussed by the Administration and Finance (A&F) Subcommittee prior to being presented to the Council. On October 10, 2023, the A&F Subcommittee discussed and recommended the City Council appropriate an additional $1,117,655 to this project, reallocate $254,105 from a recently completed project, and allocate $863,550 from the General Fund Undesignated Reserve for award of a construction contract with GMZ Engineering, Inc.

Staff also recommends the Council approve the award and authorize the Mayor to execute a construction contract with GMZ Engineering, Inc. and authorize the Public Works Director to approve potential change orders up to 15% of the agreement amount. Once approved, staff will process the agreement and issue a Notice to Proceed for the project.

ATTACHMENTS:

1. Public Works Agreement with GMZ Engineering, Inc.

CITY OF MALIBU

PUBLIC WORKS AGREEMENT
This Public Works Agreement ("Agreement") is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between GMZ Engineering, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Malibu, California, a municipal corporation (hereinafter referred to as "CITY").

RECITALS
A. Pursuant to the Notice Inviting Sealed Bids for Trancas Canyon Park Upper and Lower Slopes Repair Project bids were received, publicly opened, and declared on the date specified in the notice.

B. On October 23, 2023, Malibu's City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.

C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Trancas Canyon Park Upper and Lower Slopes Repair Project in the City of Malibu.

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

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Trancas Canyon Park Upper and Lower Slopes Repair Project in the City of Malibu. The work shall be performed in accordance with the Plans and Specifications dated (and as generally described in the "Notice Inviting Bids," attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR'S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer, or City's Manager's designee.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project, a complete set of which is on file with the Malibu City Clerk's Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings. and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, and the Standard Specifications, in Attachment 1

3. 4.

5. Public Works Agreement
GMZ Engineering, Inc.

Page 2 of 9 ends

that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.

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

TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 120 consecutive working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. ln accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $500 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.

PREY AJUNG WAGES:

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

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

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

D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the Public Works Agreement
GMZ Engineering, Inc.

Page 3 ends

apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that wilJ be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
(5) CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
(6) CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777 .5 and 1777 .6 in the employment of apprentices. (7) Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

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

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

Public Works Agreement
GMZ Engineering, Inc.

Page4 of9

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

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

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

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

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

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

Public Worlcs Agreement
GMZ Engineering, Inc.

Page 5 ends

c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to lndemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

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

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

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

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

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

9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the ''Notice" section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any thirdparty claim.

Public Works Agreement
GMZ Engineering, Inc.

Page 6 ends

10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker1 s compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

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

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

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

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

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

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

17. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining Public Works Agreement
GMZ Engineering, Inc.

Page 7 ends

to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

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

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

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

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

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

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

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

CONTRACTOR
GMZ Engineering, Inc.
5655 Lindero Canyon Road, Ste. 430
Westlake Village, CA 91362
Attn: Ghazi Mubarak
Public Works Agreement
GMZ Engineering, Inc.

Page 8 ends

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

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

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

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

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

27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.

Public Works Agreement
GMZ Engineering, inc.

Page 9 of 9 ends

IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.

This Agreement is executed on this __ day of ____ _, 2023, at Malibu, California, and effective as of _____ , 2023.

ATTEST:

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

THIS DOCUMENT HAS BEEN REV!E\ VED

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

STEVE UHRING, Mayor
CONTRACTOR:

Name, Title &>-fMjf-v p-1..IA.,,-bareJ.i
/
Pv-RJ�,,,l.e.,J;
CONTRACTOR'S State of California License No.

CONTRACTOR'S Business Phone No.

CONTRACTOR'S Emergency Phone No. at which
contractor can be reached at any time

EXHIBIT A

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed bids for the City of Malibu, TRANCAS CANYON PARK UPPER AND LOWER SLOPES REPAIR PROJECT SPECIFICATION NO. 2092, will be received by the City Clerk, at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, 90265, at or before 3:30 p.m. on Thursday July 27, 2023, at which time they will be publicly opened and read by the City Clerk (or designated representative).

SCOPE OF WORK
This project includes the repair work on the upper and lower slopes damaged during the Woolsey fire at Trancas Canyon Park. The improvements include the replacement of the irrigation system on the upper slope. The lower slope repairs include, but are not limited to, clearing and grubbing, concrete bench drain construction, installation of jute netting and wire mesh with anchors, hydroseeding and all other appurtenant work included and as shown in the Contract Documents and Specifications.

The bid shall be submitted and the work shall be performed by a Class "A" State of California licensed contractor in strict conformance with the project specifications for Trancas Canyon Park Upper and Lower Slopes Repair Project, Specification No. 2092 now on file in the City's Public Works Department.

An electronic copy of plans and specifications may be obtained by prospective bidders from the Public Works Department through [email protected].

All prospective bidders shall abide by the provisions of the Bid Terms and Conditions listed in the project's specifications.

The City reserves the right to retain all bids for a period of 90 days after the bid opening date for examination and comparison and to delete any portion of the work from the Contract. The City reserves the right to determine and waive non-substantial irregularities in any bid, and to reject any or all bids. The bid shall be balanced so that each bid item is priced to carry its share of the cost of the work and also its share of the contractor's overhead and profit. The City reserves the right to delete any bid item to the extent that the bid is qualified by specific limitation. An unbalanced bid shall be considered as grounds for rejecting the entire bid. The City shall award the bid to the lowest responsible bidder as the interest of the City may require.

In accordance with the provisions of Division 2, Part 7, Chapter 1 of the California Labor Code, the California Department of Industrial Relations has established the general prevailing rates of per diem wages for each craft, classification and type of work needed to execute contracts for public works and improvements. The per diem wages published at the date the contract is advertised for bids shall be applicable. Future effective wage rates which have been predetermined are on file with the Department of Industrial Relations, are referenced but not printed in said publication. The new wage rates shall become effective on the day following the expiration date and apply to this contract in the same manner as if they had been included or referenced in this contract. The website for California Department of Industrial Relations Prevailing Wage Unit is currently located at www.dir.ca.gov, prevailing wages are located on the website at http://www.dir.ca.gov/dlsr/pwd/index.htm.

The wage rate for any classification not listed by the California Department of Industrial 4 Relations, but which may be required to execute the proposed contract, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the agency's determinations.

At the time of submitting the bid the Bidder shall be registered with the California Department of Industrial Relations in accordance with the provisions of Section 1771.1 of the California Labor Code, as amended by Senate Bill 854. No public work contract may be awarded to a non-registered contractor or subcontractor.

Without exception, the bidder is required to state the name and address of each subcontractor who will perform work or labor or render service to the prime contractor and the portion of the work which each will do in their bid as required by Section 2-3, "Subcontracts", of the Standard Specifications and in conformance with Public Contract Code, Sections 4100 to 4113, inclusive.

The City will not consider awarding any contract based upon any bid submitted by any contractor nor consent to subletting any portions of the Contract to any subcontractor located in a foreign country during any period in which such foreign country is listed by the United States Trade Representative as discriminating against U.S. firms in conducting procurements for public works projects.

All bidders are hereby notified that any contract entered into pursuant to this advertisement, Business Enterprises must be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin consideration for an award.

The Contractor may substitute securities for retention monies pursuant to Public Contract Code Section 22300.

Date this 5
th day of June 2023
r � OF MALIBU, CALIFORNIA
Rob DuBoux, Public Works Director/City Engineer
Published: Malibu Times on June 15 and June 22, 2023
5 CITY OF MALIBU

PUBLIC WORKS DEPARTMENT

CONSTRUCTION BID COVER PAGE FOR

EXHIBIT B

TRANCAS CANYON PARK UPPE R AND LOWER SLOPES REPAIR PROJECT Specification No. 2092 Including 11 Sheets of Plans
Bids to be Received on or before July 27, 2023 at 3:30 P.M.

Completion Time: 60 Consecutive Working Days for Construction 60 Consecutive Working Days for Landscape Maintenance
Liquidated Damages:

A. Failure to complete work on time: $500.00 Per Calendar Day (Sec. 6-9.1) B. Failure to keep traffic lanes open: $500.00 Per Hour (Sec. 6-9.2) Number of Pages in Construction Bid: 17

CONTRACTOR
Name _______ G_M_Z_E_n_..g'-in_e_e_r_in_.,g.,_,_,__ln__c. _______ _ Street Address ____ 5_55_6_i_Ln_der __oC__a_ny�_o n _R_o_a_......:d•�Su_it_e_#4__30 ________ _ City __ We_stl��a�ke_�V_i!a _l�___ ge �___ _ State CA Zip Code Telephone (818) 699 - 6440
Fax Number (818) 699 - 6475
Email [email protected]
(Optional)
91362
The bid shall be balanced so that each bid item is priced to carry its share of the cost of the work and also its share of the contractor1s overhead and profit. The City reserves the right to delete any bid item to the extent that bid is qualified by specific limitation. An unbalanced bid shall be considered as grounds for rejecting the entire bid. The City shall award the bid to the lowest responsible bidder as the interest of the City may require. The lowest Base Bid ls considered the lowest bidder. The awarding of the Additive Bid will be determined by the City.

CONTRACTOR SHALL SUBMIT PAGES 16 THROUGH 30 FULLY EXECUTED WITH

THIS BID
16 INSTRUCTIONS FOR SIGNING BID, BONDS AND CONTRACT
Corporations
a) Give name of Corporation.
b) Signatures: President or Vice-president and Secretary or Assistant Secretary.
c) Affix corporate seal and notary's acknowledgment where noted or required. d) Others may sign for the corporation if the City has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so.

Partnerships
a) Signatures: All members of partnership. One may sign if City has a copy of authorization
b) Affix notaryt
s acknowledgment where noted or required.

Joint Ventures
a) Give the names of the joint venturers.
b) Signatures: All joint venturers. One may sign if City has a copy of authorization.
c) Affix notary's acknowledgment where noted or required.

Individuals
a) Signature: The Individual.
b) Affix notary's acknowledgment where noted or required. c) Another may sign for the individual if the City has been furnished a notarized power-ofRattorney authorizing the other person to sign.

Fictitious Names
Bonds
a) Show fictitious names.
b) Satisfy all pertinent requirements show above.
a) In addition to all pertinent requirements above, give signature of Attorney-infact and apply surety's seal and provide address and telephone number of said surety.

PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS
17 CONTRACTOR'S BID STATEMENT
City of Malibu
Malibu, California 90265
Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instructions to bidders, and hereby proposes to furnish all materials and to do all the work required to complete such work in accordance with such Plans and Specifications for the prices set forth in this Bid.

The undersigned has carefully checked all the figures in this Bid and understands that City will not be responsible for any error or omission on the part of the undersigned in preparing this bid nor will City release the undersigned on account of such error or omission.

The undersigned swears or affirms under penalty of perjury that the information regarding the Contractor's License is true and correct.

The undersigned further agrees tha1 in case of default in executing the required Contract within the applicable ten (10) calendar days or thereafter failing to provide the necessary bonds, within ten {10) calendar days after the contract has been fully executed, the proceeds of check or bond accompanying the bid shall become the property of the City of Malibu.

Licensed in accordance with an act providing for the registration of Contractor's License No. 967627 Class A, B. C-8. C-10, Expiration Date 31 December 2023 C-12. C-36. C-42
Names of Co-Partners or Corporation Officers and Titles:

Ghazi Mubarak - President, Vice-President. Secretary, & Treasurer Signature of Bidder
Signature of Bidder
Name of Contractor or Firm
GMZ Engineering, Inc.

President
Title
Secretary
Titl
Date of Submittal �7 July 2023
Telephone No. (818) 699 - 6440
Address 5655 Lindero Canyon Road, Suite #430; Westlake Village, CA 91362 S - Corporation California
Doing Business as Individual/Partnership/Corporation State of Incorporation Federal Tax Identification Number 45-3780851
California Department of Industrial Relations Identification Number 1000039685

ALL SIGNATURES MUST BE NOTARIZED
(Attach or Affix Executed Acknowledgement Form,
and Corporate Seal if Aoolicable
18 PROPOSED BID SCHEDULE OF WORK AND PRICES

FOR THE CONSTRUCTION OF

TRANCAS CANYON PARK UPPER AND LOWER SLOPES REPAIR PROJECT SPECIFICATION NO. 2092
Item Payment Unit
No. Reference Description Quantity Unit Price Total
1 902-2 Mobilization (not to exceed 10% 1 LS .
of total)
---- $75,000.00
2 905-11 Traffic Control 1 LS ---- $50,000.00
3 904-3 Local SWPPP 1 LS ---- $35,000.00
4 907-4 Site Preparation 1 LS ---·- $50,000.00 '
908-10 Concrete Bench Drain 250 LF $750.00 Replacement $187,500.00 6 909-1 Anchored Wire Mesh 22,700 SF $40.00 $908,000.00 7 910-7 Jute Netting 22,700 SF $5.00 $113,500.00
8 911-8 Hydroseed 1 LS ----- $25,000.00 '
9 912-19 Irrigation System Replacement 1 LS --- $150,000.00 10 906-6 Record of Construction Changes 1 LS ---- $5,000.00 11 7-6 Release on Contract 1 LS - $1.00
TOTAL $1,599,001.00
The contractor shall be responsible for calculating and providing totals for the schedule. The bid schedule shall include all costs for service, labor and materials, transportation, supervision, equipment and installation associated with the work complete and in place per these specifications.

TOT AL AMOUNT OF BID IN WORDS: One Million Five Hundred Ninety-Nine Thousand One Dollars and 00/100 contractor Submitting Bid: GMZ E_
�gin_e_e_r_in-"'g"-'-,_l_n_c_. _____ _
By: Ghazi Mubarak
Date: 27 July 2023
19 The following addenda are acknowledged:
(Bidder must fill in number and date of each
addendum or may enter the word "None" if
appropriate.)
Number
1 Date
13 Julv 2023
I make this Proposal and certify under penalty of perjury that all the statements in this bid that I have signed are true and correct.

Contractor's Name Ghazi Mubarak
Title President
Contractor's Name Ghazi Mubarak
Title VP / Secretary / Treasurer
20 Date 27 July 2023
Sig nature ,:? .'.))--___.......

Date 27 July __ g9-:ac2..c..3 ___ _
Signature p---::::S-�
PROJECT: TRANCAS CANYON PARK UPPER AND LOWER SLOPES REPAIR PROJEC,, SPECIFICATION# 2092

BIDDER'S BOND TO ACCOMPANY BID
(in lieu of cash, certified or cashier's check}
KNOW ALL PERSONS BY THESE PRESENTS:

That we, GMZ ENGINEERING, INC.
. as Principal, and NATIONWIDE
MUTUAL INSURANCE COMPANY 'as Surety, acknowledge ourselves jointly and severally bound to the City of Malibu, the obligee, for ten (10) percent of the total bid, to be paid to said City if the Bid shall be accepted and the Principal shall fail to execute the Contract tendered by the City within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specifications, then this obligation shall become due and payable, and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in 1he bid documents, this bond shall be extinguished and released. It is hereby agreed that bid errors shall not constitute a defense to forteiture.

WITNESS our hands this 26TH day of ___ JU_L_Y ___ , 2023 21 GMZ ENGINEERING, INC.

Contractor
Title GHAZI MUBARAK, PRESIDENT
By ___________ _
Title. ___________ _

NATIONWIDE MUTUAL INSURANCE COMPANY
Surety
By4Q.J�
MARK D. IATAROLA, ATTORNEY-IN-FACT

FORM TO ACCOMPANY BID BOND

STATE OF CALIFORNIA )

COUNTY OF )

CITY OF )
ss.

On this _ day of ______ _. 2023, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared __________ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument; and know to be the _____________________ _
subscribed to the within instrument as the ________ of said And the said ____________ duly acknowledge to me that he/she subscribed the name of ___________ thereto as Surety and his/her own name as __________ _.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public In and for said
County and State aforesaid.

If certified or cashier's check is submitted herewith, state check number ____ _ and Amount $c _______ _
22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 o.J [1@80080@'{] 3 S J □ aa □□□BBOBJJ aa l!BiMl□El nor j JC HE A notary public or other officer completing this certificate verifies only the identity of the indiv[dual who signed the document to which this certificate is attached, and notthe truthfulness, accuracy, orvalidlty of that document.

State of California
County of SAN DIEGO }
On ______ 7/26/2023 ______ b e& TRACY LYNN RODRIGUEZ, NOTARY PUBLIC 1ore me, _____________ _:_ _______ - Date Here Insert Name (]nd Title of the Officer
personally appeared ---------�M_A_R_K_D_._IAT_A_R_---'-O�LA--------�--- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(stwhose name� is/are-subscribed to the within instrument and acknowledged to me that he/si'lefthe'.P executed the same In hisll'le�i'leir authorized capacity�). and that by his/i'leri'tI,eir signature(�) on the Instrument the person{�. or the entity upon behalf of which the personr-,) acted, executed the Instrument. r ii ;;;.;; ;;;N:;-R;;-DR-;-GO�Z 1
,- COMM. # 2318638 ):,
Z , SANDIEGOCOUNTY ►
� • NOTARY PUBLIC-CAUFORNIAZ l

MY COMMISSION EXPIRES
-c_;;;,o'--"'...:><.>""'<:>c::><..:>-C>C::::-
JANUARY 11. 2024 I
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Slgnarure {[� �-¾ atu Notaryf'ublic

OPTIONAL
Comp(etlng this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Descrlpt(on of Attached Document
Title or Type of Document: _________________________ _
Document Date: ____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: ______________________ _ Capaclty(les) Clalmed by Slgner(s)
Signer's Name: MARK D. IATAROLA
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited o General
□ lndlvldual � Attorney In Fact
□ Trustee □ Guardian of Conservator
o Other: _____________ _ Signer Is Representing: ________ _ JI I
©2017 National Notary Association
Signer's Name: ___________ _
o Corporate Officer - Title(s): _______
□ Partner - □ Limited □ General
D Individual D Attorney in Fact
□ Trustee o Guardian of Conservator
D Other: ______________
Signer Is Representing: ________ _
a
Power of Attomei,
4f'''l'/'I ALL MEN BY THESE PRESENTS THAT:

Nationwide Mutual Insurance Company, an Ohio corporation herelnefler rereff8d to severaHy as the -Company" and collectlvely as ihe Companies" does hereby make, constitute and appoint HELEN MALONEY: JOHN O MALONEY; MARK D IATAROLA;SANDRA FIGUEROA; TRACY LYNN RODRIGUEZ; each In their indivldual capacity, its true and lawful attorney.In.fact. with ful power and authcrity to sign, seal, and exearte on Its behalf any and al bonds and unclenakings, and other obligatory lnslruments of similar nature, In penaltles not exceeding Iha sum of

UNLIMITED
and to bind the Company lhemby, as fully and to the same e1dent ea If such Instruments ware signed by the duly authorized officers of lhe Company; and all acts of said Attorney pursuant to the authority given ara hereby raHlled and confirmed.

This power of attorney Is made and executed puruuent to and by aulhonty of the fellowing resolution duly adopted by the board of directors of the Company. •RESOLVED. that !he president. or any vice president be, and eadl hereby Is, aulhorized and empowered to appoint attorneys-in-fact of the Company, recx,gnlzances.
and to authoMe them to exacute and deliver on behalf of the Company any and all bonds, forms. applications, memorandums, undertakings. transfers, contract& of Indemnity, policies, contracts guaranteeing the llclellly or persons holding positions of public or private trust, and other writings obligatory In nature lhal the blJ8in88S of Iha Company may require; end to modify or revoke, with or wllho\lt cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way llmll the aulhorily of other duly authortzed agents to sign and countersign any of said dooomants on behalf of the Company."
"RESOLVED FURTHER, that such attameys-ln-fact shall have full power and authority to execute and deliver any and au such documents and to lllnd the Company subje(:t to the terms and llmllatlons of the power of attorney Issued lo them, and to affix the seal of the Company thereto; provided, horNever, that sakl seal sha0 not bo necessary for the vafldlly of any such documents." This power of attorney Is signed and saeled under and by the following bylaws duly adopted by the board of directors of the Company.

Execution of lnstnnnents. Any 11ice preskfent, any asslslanl secretary or any assistant lleasurer shall have Iha powet and authority to sign or attest ell approved dooumenle, instruments. conlracls, or other papers In connection wllh the opereUon of the bualness of the company In addition to tile chairmen of the board, the chief execullveofflcer, president, treasurer or secretary: provided, however, the signahlre of any oflhem may be printed, 8J19raved, or stamped on any approved documenl, amtract. lnstnmant, or other papers of tho Company.

IN WITNESS WHEREOF, the Company has caused this Instrument to be sealed and duly attested by the signature of Its officer the 20th day of August. 2021.

Antonio C. Albanese, Vlca Pntsldant of Nationwide Mutual Insurance Company

ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: 88
On tlu 20th day of August, 2021, before me came the above-named officer for the Company aforesaid, to ma personally known to be Iha oftlcer described In and who exe<:Uled the preceding Instrument, and he acknowledged lhe exec:utlon of Iha same, end being by me duly swom, deposes and saya, that he Is the officer of the Co1111any aforesaid, that the seal affixed hereto Is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrumant by Iha authority and direction of said Company .

NolBly PuU!c. S!a!a of New YOik
Slep118rle Rl4llnc> MGAIUlur
o.lllllftod lnffftVort Oounly
No. 02MC6210117
1" ""74

CERTIFICATE
.,lcttlc��
M,-l!,,;pltlO
_.._20:N
_.,"'
'»l�
I, Laura B. Guy, Assistant Sei;rotary of the Company, do hereby certify that the fotegolng is a full, lrue and correct a,py of lhe original power of attorney Issued by the Company; that the resolution Included !herein Is a true and comict transcript from the minutes of the meetings of the boards of directors and the same has officer
not boon revoked or amended In any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected of the Company, and tile corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of dll8Clors; end the foregoing power of attorney Is still In fuU foroe and effect

IN WITNESS
�
WHEREOF, I have hereunto subscribed my name as Assistant Seaelary, and affixed the corporate seal of said Company this .:!!!!.. day of � J. Cl\� B- c,...,'1-
Assistant Secralaly
BDJ 1(08-21)00

STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
The bidder is required to sta1e the bidder's financial ability and a general description of similar work performed. The City reserves the right to determine that any Bidder is not non-responsible if it finds the information provided herein is inaccurate, misleading or false, or upon evidence of collusion or other illegal practices on the part of a Bidder.

Failure by Bidder to complete this form completely and accurately and submit it with its bid may result in rejection of the bid as non-responsive.

Required Qualifications: Bidders must hold a valid State of California Contractor's License "A" at the time the bid is submitted to the City.

The bidder must have a minimum of seven (7) years of experience with slope repair including jute netting and wire mesh installation. Do you have a minimum of seven (7) years of experience performing slope repairs?
Yes ✓ No ----
To demonstrate the required experience, bidders shall provide evidence of the following:

Contractors must show that they completed five (5) projects within the last seven (7) years that include the repair off ailed slopes. Three of the projects should include the placement of jute netting and/or wire mesh on steep slope terrain. The required information shall be attached to the Statement of Bidder's Qualifications and References. Failure to provide the required information may be grounds for the City to deem the bid non-responsive.

Number of years engaged in providing the work included within the scope of the specifications under the present business name: J2JJwelve)_ ________ _ Please list the names of any other firms you conducted business as a licensed State of California Contractor within the previous five (5) years:

List and describe fully the last three recent contracts performed by your current firm which demonstrate your ability to complete the work included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Customer Name
Contact Individual
Reference No. 1
City of Malibu
Travis Hart
Contract Amount ---------- $314,851.00
Address Encinal Canyon Road, Malibu. California
Description of work done ____ _
Phone No. (310) 456 - 2489
Year -------- 2023
Encinal Canyon Road Slope and Road Repair
23 Reference No. 2
Customer Name _;;....__
City of ________
Malibu _
Contact Individual Jorge Rubalcava
Contract Amount $4,240,000.00
Address Civic Center Way, Malibu California
Phone No. 805.701.0339
Year 2020 - 2021
Description of work done ____________________ _
Customer Name
Contact Individual
Civic Center Way - Storm Drain and AC Paving
Reference No. 3
Los Angeles Community College District
Ed Cadena ____ Phone No. (213) 241-5710
Contract Amount $5,830,000.00 Year
Address LA Pierce College, Woodland Hills, California
Description of work done ---
Mason Rerout at LAPC - Storm Drain and AC Paving
24 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
(Cont'd)

STATE OF CALIFORNIA, COUNTYOF ---------- LOS ANGELES ---- 1 am the President, Vice-President, Secretary, and Treasurer of GMZ Engineering, Inc.
_______ , the bidder herein. I have read the foregoing statement and know the contents thereof; and l certify that the same is true to my knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true.

Executed on __ 2__7_J _.uly'-2_0_2____ 3 at __ W_e_s_lt_a_ke_V_il_la_,_gc_e ___ , California. (Date) (Place)
I declare, under penalty of perjury, that the foregoing is true and correct. 25 � '�
Signature et
President
Title
s� -= ignatu �dder
VP / Secretary I Treasurer
Title

STATEMENT OF BIDDER'S PAST CONTRACT DISQUALIFICATIONS
Pursuant to Section 10162 of the Public Contract Code the bidder shall state whether such bidder, any officer or employee of such bidder who has a proprietary interest in such bidder has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation; and if so, explain the circumstances.

1. Do you have any disqualification, removal, etc., as described in the above paragraph to declare?
Yes ___ No ✓

2. If Yes, explain the circumstances.
---·---------- ·----------
--·-···----------------
--------------------
Executed on 27 July 2023 at Westlake Village, California.

I declare, under penalty of perjury, that the foregoing is true and correct.

Signature{sfAuthorized Bidder
President
Title
26 Signature(s) of Authorized Bidder
VP/ Secretary/ Treasurer
Title

QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with the bid.

1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to comP.ute your bid?
Yes ( ) No(...;{

2. If the answer to No. 1 is "yes", please forward a copy of the rules of each bid depository you used with this questionnaire.

3. Did you have any source of subcontractors' bids other than bid depositories? Yes V No ( )

4. Has any person or group threatened you with subcontractor boycotts, union boycotts or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories?
Yes ( ) No (,_J

5. If the answer to No. 4 is "yes", please explain the following details:
a) Date:
b) Name of person or group:
c) Job involved (if applicable):
d) Nature of threats:
e) Additional comments: (Attach additional pages as necessary) We declare under penalty of perjury that the foregoing is true and correct.

Dated this 27 day of ___ J_ul�y ____ , 2023.
27 GMZ Engineering, Inc.

Name of Company
By ---=-a..aGhazi =..;..a.a.;Mubarak =-='"'-=-'------
P reside o t
Title
By ----------- Ghazi Mubarak
VP/ Secretary I Treasurer
Title

BIDDER'S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS Without exception, the bidder is required to state the name and address of each subcontractor and the portion of the work which each will do as required by Subsection 1-6.3 of the SSPWC and in conformance with Public Contracts Code, Sections 4100 to 4113, inclusive.

Without limiting the generality of the foregoing, any contractor making a bid or offer to perform the work, shall set forth in the Bid:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid; and
(b} The portion of the work which will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion. (c) Agrees that the list of subcontractors submitted herewith cannot be changed, modified, or substituted without written request and approval of the awarding body.

The undersigned submits herewith a list of subcontractors in conformance with the foregoing:

Name Under Which
Subcontractor is
Licensed
Drill Tech Drilling
American Hydroseed
President
Title
License No. & Class
#745354
A/C61/C57
#888164
C27, C-61, D59
27 Jul 2023
Date
28 Business Address
2200 \Nymore Way
Antioch. CA 94509
41856 Ivy St Suite 109
Murrieta, CA 92562
Specific Description of
Subcontract and Portion of
the Work to be Done
Anchored Wire Mesh
Hydroseed: Jute Netting
?-- ,� 27 July 2023 Signatu?e(s')ot Bidd·er- Date
VP / Secretary I Treasurer
Title

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)

TO THE CITY OF MALIBU

PUBLIC WORKS DEPARTMENT
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham: that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder to any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Ghazi Mubarak Ghazi Mubarak
Name of Bidder Name of Bidder
slgTlature-1S'fBidder s� Igna ure o I er
5655 Lindero Canyon Road, Suite #430; Westlake Village, CA 91362 Bidder Address
29 EQUAL OPPORTUNI.TY CERTIFICATE

THE BIDDER'S EXECUTION OF THE SIGNATURE PORTION OF THIS PROPOSAL

SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATES WHICH ARE A PART OF THIS BID.

The bidder hereby certifies that the bidder and proposed subcontractor(s), if any, have or have not participated in a previous contract or subcontract subject to the equal opportunity clauses. as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

GMZ Engineering, Inc.

Name of Bidding Company
Author
By�izedtgnature
President
Title (Typed)
27 July 2023
Date
30 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS PART 29
The bidder under penalty of perjury, certifies that except as noted below, the bidder or any person associated therewith in the capacity of owner, partner, director, officer, or manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency:
has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder's responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false Information may result in criminal prosecution or administrative sanctions. The above certification Is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
31 � ol1 ��.l
v . City of Malibu ..... ',\m· ...

I
._____�
I 23825 Stuart Ranch Road Malibu, California 90265-4861 (310) 456-2489 fax (310) 456-3356
DATE: 07/13/2023
ADDENDUM NO. 1
TO

TRANCAS CANYON PARK UPPER AND LOWER SLOPES REPAIR PROJECT SPECIFICATION NO. 2092
All Prospective Bidders:

NOTICE IS HEREBY GIVEN to all prospective bidders that the following modifications are made to the above project plans and specifications:

SPECIFICATIONS:
,J-· :: •. :_ ... _, .: _,- ::...:,.;..,, '. .. �u .. ;;r.Cciuons and References requiring the contractors to list five (5) projects within the last seven (7) years that include the repair of failed slopes, to five (5) project within the last twelve (12) years.

DRAWINGS:

None.

QUESTIONS AND ANSWERS

1. Question: \/Vhat is the Engineer's Estimate?
Answer: We are not providing an Engineer's Estimate for this project.

2. Question: Can we email bids?
Answer. No. Hardcopy bids must be received by the City Clerk's office by the deadline.

3. Question: How do I get on the plan holders list?
Answer: Send an email request to [email protected].

Acknowledgement of this addendum by returning the signed Addendum No. 1 with the bid proposal is required.

Failure to do so may result in the disqualification of your bid.

Page 1 ends

Recyded"81)8'
By Order of the Assistant Public Works Director/Assistant City Engineer "°JL�ltP-:

BIDDER'S CERTIFICATION
Trancas Canyon Park Upper and Lower
Slopes Repair Project
Specification No. 2092
Addendum No. 1
7/13/2023
Date
I acknowledge receipt of the foregoing Addendum No. 1 and accept all conditions contained therein:

Ghazi Mubarak
Bidder Name (print)
L----- Bidder Signatti -#---- 27 July 2023
Date

Page 2 ends

BOND FOR FAITHFUL PERFORMANCE
BOND NO.

KNOW ALL PERSONS BY THESE PRESENTS:

BOND NO. 7901158635
PREMIUM: $19,490.00

PREMIUM IS FOR CONTRACT TERM

AND IS SUBJECT TO ADJUSTMENT

BASED ON FINAL CONTRACT PRICE
That we, GMZ ENGINEERING, INC. hereinafter referred to as "Contractor" as principal, and NATIONWIDE MUTUAL INSURANCE COMPANY hereinafter referred to as "Surety,� are held and firmly bound unto the City of Malibu, California, hereinafter referred

ONE MILLION FIVE HUNDRED
to as "City", or "Obligee" in the sum of NINETY NINE THOUSAND ONE AND 001100 Dollars ($1,599,001.00). lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

This condition of the foregoing obligation is such that:

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City of Malibu, California, for the construction of TRANCAS CANYON PARK UPPER AND LOWER SLOPES REPAIR PROJECT, Specification No. 2092, and is required by said City to give this bond in connection with the execution of said Contract.

NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said Contract to be done and performed at the time and in the manner specified herein, then this obligation shall be null and void one year after date of recordation of Notice of Completion by City of the completed work; otherwise it shall be and remain in full force and effect, and Surety shall cause the Contract to be fully performed or to pay to obligee the cost of performing said Contract in an amount not exceeding the said sum above specified, and shall also, in case suit is brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to be fixed by the court. 43 -✓
BOND FOR FAITHFUL PERFORMANCE (cont'd)
IT IS FUTHER PROVIDED, that any alterations in the work to be done or the material to be furnished shall not in any way release the Contractor or the Surety thereunder, no shall any extension of time granted under the provisions of the Contract release either the Contractor of the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety.
___ .,.

WITNESS our hands this 4TH day of ___ O_
C_
TO_
B_
E_
R __
, 2023.
44 GMZ ENGINEERING, INC.

Contractor
By

GHAZI MUBARAK, PRESIDENT
Title
By
Title

NATIONWIDE MUTUAL INSURANCE COMPANY
Surety
;ff a__ 0 . �
By MARK D. IATAROLA, AT TORNEY-IN-FA CT

FORM TO ACCOMPANY BOND FOR FAITHFUL PERFORMANCE

STATE OF CALIFORNIA

COUNTY OF

CITY OF
)
)
)
SS.

On this ______ day of __________ _.. 2023,
before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared ________ _ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument; and know to be the ____________ of ______________ and the same person whose name is
subscribed to the within instrument as the ______________ of said __________ and the said _____________ _
duly acknowledged to me that he/she subscribed the name of ________ _ __ thereto as Surety and his/her own name as _________ _ I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal.
45 Notary Public in and for said
County and State aforesaid.
:rro:e,:>:(J'A)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 C C B C .JOBO:il08!880Qll@OOil0 J )OCJCCfl1¥WOl}i0 lli008880:0:608860881fift0008�&& A notary public or other officer completing this certiricate verifies only !he identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documenL State of California
County of SAN DIEGO }
On ____ 1_0_/4_2_0_2_3 / ___ before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
personally appeared ---,---------M__
RA_K_
D_.lA__TA_R__
O_
LA ____________ _
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s} is/.ai:e-subscribed to the within Instrument and acknowledged to me that he/she}the:y executed the same in hisihel'lthcir authorized capacityfies), and that by his hel'ltheir / signature(s) on the instrument the person(st, or the entity upon behalf of which the person(!r) acted, executed the instrument.

Place Notary Seo/ and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _________________________ _
Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capaclty(ies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROL A
□ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited o General D Individual
□ Trustee
D Other:
l!!J Attorney in Fact
o Guardian of Conservator
Signer is Representing: _________ _
Signer's Name: ___________ _
o Corporate Officer - Title(s): ______ _
□ Partner - □ Limited o General
D Individual o Attorney in Fact
□ Trustee o Guardian of Conservator
□ Other:

Signer is Representing: __________
J Mite a e-ntftfffl:fm!01AP•®noowceceoe:c:emrs:•�fflJ u•11 J@888if936BDT89 ©2017 National Notary Association
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:

Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:

HELEN MALONEY; JOHN G MALONEY; MARK D IATAROLA; SANDRA FIGUEROA; TRACY LYNN RODRIGUEZ; each In their individual capacity, Its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on Its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of

UNLIMITED
and to bind the Company thereby, as fuUy and to the same extent as If such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed.

This power of attorney is made and executed pursuant to and by authority of the following resolution duty adopted by the board of directors of the Company:
'RESOLVED, that the president, or any vice president be, and each hereby Is, authorized and empowered lo appoint attorneys-In-fact of the Company, end to authorize them to execute end deliver on behalf of the Company any end all bonds, forms, applicetlons, memorandums, undertakings, recogniZances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidefity of persons holding positions of public or private trust, ancl other writings obligatory In nature that the business of the Company may require; encl lo modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attomey issued lo them, and to affix the seal of the Company thereto; provided, however, that said se;il r;h11!1 nol be necessary for the validity of any such doct1ments, • This power of attorney Is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.

Execution of Instruments. An.y vice president. any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, Instruments, contracts, or other papers in connection with the operation of the business of the company in addllion to the chainnan of the board, the chief executive officer. president. treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company.

IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 201h day of August, 2021.

Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company

ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, before me came the above-named officer for the Company aforesaid, to me personally known to be the officer descn1Jed in and who executed the preceding instrument, and he acl<nowledged the execution of the same, and being by me duly swam, deposes and says, that he is the officer of !he Company aforesaid, that the seal affilced hereto Is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company.

Stephanie Rtlblno McArttlur
Nomry Public, Slate of New Volle
No. 02MC8270117
Qualffled In Now Yori< County
COmmission Em,.,. Odober 19 2024

CERTIFICATE
��
NolatyPubl",c
111�
Ml<°"""''"""""""''"'
o-., 19, 21l24
I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein Is a we and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on !he date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as offrcer were duly affixed and subscribed to the said Instrument by the authority of said board of directors; and the foregoing power of attorney is slill in full force and effect.

IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 4TH day of OCTOBER l023 �
BDJ 1 (0B-21 )00
• •
(/\a.u..u.. [j. � '<!--
Assistant Secretary
BOND NO. 790 1158635

PREMIUM INCLUOEO IN PERFORMANCE BONO

BOND FOR MATERIAL SUPPLIERS AND LABORERS
KNOW ALL PERSONS BY THESE PRESENTS:

That we, GMZ ENGINEERING, INC. hereinafter referred to as "Contractor" as principal, and NAT10Nw10EMUTUAL1NsuRANcEcOMPANv hereinafter referred to as "Surety," are held and firmly bound unto the City of Malibu, California, hereinafter referred

ONE MILLION FIVE HUNDRED
to as "City", or "Obligee" in the sum of NINETY NINE THOUSAND ONE AND 001100 Dollars ($1,599,001 .00 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

The Condition of the foregoing obligation is such that:

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City, for the construction of TRANCAS CANYON PARK UPPER AND LOWER SLOPES REPAIR PROJECT, Specification No. 2092, and is required by City to give this bond in connection with the execution of said Contracl NOW, THEREFORE, if the said principal as Contractor in said Contract or subcontractors, fails to pay for any materials, provisions, or its other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California.
46 BOND FOR MATERIAL SUPPLIERS AND LABORERS f cont'd)
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release either the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety.

WITNESS our hands this 4TH day of OCTOBER , 2023.
47 GMZ ENGINEERING, INC.

Contractor
By

GHAZI MUBARAK, PRESIDENT
Title
By
Title
-✓_ ---- ... .... - �
-- --

NATIONWIDE MUTUAL INSURANCE COMPANY
Surety
lftt--.0.�
By MARK D. IATAROLA, ATTORNEY-IN-FACT

FORM TO ACCOMPANY BOND FOR MATERIAL SUPPLIERS AND LABORERS

STATE OF CALIFORNIA

COUNTY OF

CITY OF
)
)
)
SS.

On this _______ day of __________ _ 2023,
before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared ________ _ ___ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument; and know to be the __________ of ___________ and the same person whose name is subscribed to the within instrument as the ---------- of said ---------
--and the said _______________ duly acknowledged to me
that he/she subscribed the name of thereto as Surety
and his/her own name as ----------
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
48 Notary Public in and for said
County and State aforesaid.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Ofl:O:C E E J .t:( rO'OillJOm J [ S 2 ) lffi�,80,� M OOO'OOlOGOa.lflmffij O j j ifflf 00,. ;..()111 IYlil:@llQ I II ?00 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of SAN D
IEGO }
On _____ 10_/4_/20_2_3 _ ___ before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer
personally appeared --:-________ M _A_R_K_D_._AI T_A_R_O__LA ____________ _ Name{s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(� whose name\&} ls/-ai:e-subscribed to the within instrument and acknGwledged to me that he/she/the� executed the same In hls/-hefttheir authorized capacity�). and that by his/herttheir signature(s) on the instrument the person(5), or the entity upon behalf of which the personf-ij acted, executed the instrument. -= SANDRA FIGUEROA 1
.6!-,�I>\ COMM.#2334108 )>
SAN DIEGO COUNTY p
'NOTARY PUBLIC-CAUFORNIAZ
MY co�:
1:: E
:
1 :
s j
SEPTEMBER 22, 2024
a.:.> <C ".�..S.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph rs true and correct.

WITNESS my hand and official seal.

OPTIONAL ---------------
Completing this infonnation can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document _________________________ _
Document Date: ____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA
D Corporate Officer - Title(s): ______ _
D Partner - □ Limited □ General
D Individual
□ Trustee
� Attorney in Fact
□ Guardian of Conservator
D Other: _____________ _
Signer 1s Representing: ________ _
Signer's Name:

D Corporate Officer - Title(s): ______ _
D Partner - D Limited D General
D ndividual I
□ Trustee
D Other:
o Attorney in Fact
o Guardian of Conservator
Signer fs Representing: ________ _
:{] j O C s B O E O j :rtli'O@!fj'(I: C O 6 J j J C 5 �IIOl(!IOll!Ol}[OOOOOUweeo:r::llUiliOllel:l'.ll9'@00UIIOlliBlllll••lll• 80009300il�l811:18il.118ll000800i� ©2017 National Notary Association
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:

Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to severally as the "Company• and collectively as "lhe Companies" does hereby make, constitute and appoint:

HELEN MALONEY;JOHN G MALONEY; MARK D IATAROLA; SANDRA FIGUEROA; TRACY LYNN RODRIGUEZ; each In their individual capacity, Ila true and lawful attomey-ln-fact, with full power and authority to sign, seal, and execute on Its behalf any and all bonds and undertakings, and other obligatory instruments of sfmITar nature, in

UNLIMITED
penalties nol exceeding the sum of
and ID bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant lo the authority given are hereby ratified and confirmed.

This power of attorney Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED. that the president, or any vice president be, and each hereby Is, aulhorlzed and empowered to appoint attomeys-fn-fact of the Company, and to authorize them to execute and deliver on behalf of Iha Company any and all bonds, fonns, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other wriUngs obligatory In nature thet the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company.•
"RESOLVED FURTHER, that such attomeys-ln.fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and !Imitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that aald seal shall not be necessary for the valldlty of any such documents.· This power of attorney Is signed and sealed under and by the following bylaws duly adopted by the board of dlreclors of the Company.

Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documenlS, instruments, contracts, or other papers in connection with the operaUon of the business of the company in addiUon to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however. the signature of any of them may be printed, engraved, or stamped on any approved document, contract. instrument, or other papers of the Company.

IN WITNESS WHEREOF, the Company has caused thia Instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.

Antonio C. Albanese, Vice President of Nationwide Mutual insurance Company

ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, before me came the above-named officer for Iha Company aforesaid, to me personaOy known to be the officer described In and who executed the pmcedlng instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he Is the officer of the Company aforesaid. that the saal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature Wi;Jre duly affixed and subscribed to said Instrument by the authority and direction of said Company.

Stephani• Rubina Mc:Artt-..r
Nolary f'llllllc, State of New Yori<
No. 02MC627O117
QualHlcd In Naw Yo:k Colml)I Commmion c""'m Oc:tobor 19 2024

CERTIFICATE
��
NclaryPubl!c
-ni�
l,lyCclnvnloaionEq,lrot Odol>a19,2024
I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing Is a full, true and correcl copy of the original power of attorney Issued by the Company; that the resolution induded therein ls a true and correct transcript from the minutes of the meetings of the boards of directors and lhe same has not been revoked or amended In any manner, that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, an(! the corporate seal and his signature as officer were duly affixed and subscribed to the said Instrument by the authority of said board of directors; and the foregoing power of attorney is still In full force and affect.

IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 4TH day of OCTOBER 2023 ,.,,I'_ (/\a.u..u.. I3- � 'dBDJ 1(DB-21}00 Assistant Secretary
10/04/2023
Michael Ehrenfeld Company Insurance Agents
An Acrisure Agency CA 0K07568
2655 Camino Del Rio North #200
San Diego CA 92108
Colleen Woods
(619) 683-9990 (619) 683-9999
[email protected]
GMZ Engineering, Inc.
5655 Lindero Canyon Road, #430
Westlake Village CA 91362
Travelers Indemnity Company Of CT 25682
Travelers Property Casualty Co Of America 25674
Evanston Insurance Company 35378
23-24
A Deductible $5,000 Y Y CO9P407300 06/01/2023 06/01/2024 1,000,000
300,000
5,000
1,000,000
2,000,000
2,000,000
Employee Benefits Liab 2,000,000
B Y Y BA9P404033 06/01/2023 06/01/2024
1,000,000
Comp/Coll Deductible 1,000/1,000
B
10,000
Y Y CUP9P41105A 06/01/2023 06/01/2024
5,000,000
5,000,000
B Y Y UB9P402654 06/01/2023 06/01/2024
1,000,000
1,000,000
1,000,000
A
Inland Marine
CO9P407300 06/01/2023 06/01/2024
Schedule Equipment $1,785,422
Rented/Leased Equip $620,000
Deductible $1,000
[Job #: 2092 Job Type: ]
Project: Trancas Canyon Park Upper and Lower Slopes Repair Project City of Malibu is included as additional insured, primary/non-contributory and waiver of subrogation as indicated above. Endorsements only apply as required by written contract.

City of Malibu
23825 Stuart Ranch Road
Malibu CA 90265-4861

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
GMZ Engineering, Inc.
00012225
Michael Ehrenfeld Company Insurance Agents
25 Certificate of Liability Insurance: Notes
C: Pollution- #CPLMOL116499 4/14/2023-4/14/2025; General Aggregate Limit $2,000,000; Deductible $5,000 ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

COMMERCIAL INLAND MARINE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET LOSS PAYEES
This endorsement modifies insurance provided under the IM PAK COVERAGE FORM.

The following is added to Section E - ADDITIONAL
COVERAGE CONDITIONS:

Loss Payable Provision
In the event of a Covered Cause of Loss to Covered
Property in which both you and a Loss Payee share
an insurable interest, we will:
a. Adjust the loss or damage with you; and
b. Pay any claim for loss or damage jointly to you
and the Loss Payee as your interests may appear.

This endorsement applies to all Covered Property for
which a Loss Payee is on file with us or your insurance agent or insurance broker.

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COMMERCIAL GENERAL LIABILITY
C. INCIDENTAL MEDICAL MALPRACTICE

1. The following replaces Paragraph b. of the
definition of "occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in providing
or failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to a person, unless you are in
the business or occupation of providing
professional health care services.

2. The following replaces the last paragraph of
Paragraph 2.a.(1) of SECTION II - WHO IS
AN INSURED:

Unless you are in the business or occupation
of providing professional health care services,
Paragraphs (1 )(a), (b), (c) and (d) above do
not apply to "bodily injury" arising out of
providing or failing to provide:
(a) "Incidental medical services" by any of
your "employees" who is a nurse, nurse
assistant, emergency medical technician
or paramedic; or
(b) First aid or "Good Samaritan services" by
any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION Ill - LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed to
be one "occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I -

COVERAGES - COVERAGE A - BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Pharmaceuticals
"Bodily injury" or "property damage" ansmg
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of, the insured.

5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
instruction, or the related furnishing of
food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis, that
is available to any of your "employees" for
"bodily injury" that arises out of providing or
failing to provide "incidental medical services"
to any person to the extent not subject to
Paragraph 2.a.(1) of Section II - Who Is An
Insured.

D. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

If the insured has agreed in a contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person or
organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the execution of the contract or
agreement.

E. CONTRACTUAL LIABILITY - RAILROADS

1. The following replaces Paragraph c. of the
definition of "insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;

Page 2 of 3 ends

Malibu City CouncilOctober 23, 2023

Malibu City Council
October 23, 2023