PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR
INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING
Meeting Agenda
CC240311_AGENDA_AMENDED_.PDF
Item 3B2
Approve Warrants
CC240311_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC240311_ITEM 3B3.PDF
Item 3B4
SUPPORT (Horvath)– GenAI Solution for Traffic Mobility Insights for PCH CC240311_ITEM 3B4.PDF
Item 4A
Appeal No. 23-008 - Appeal of Planning Commission Resolution No. 23-52 (Skatepark at 24250 Pacific Coast Highway; Appellant, 600 Spring LLC) (Continued from February 26, 2024)
CC240311_ITEM 4A.PDF
CC240311_ITEM 4A_SUPPLEMENTAL.PDF
Item 6A
Strategic Plan Project Update (Continued from February 26, 2024) CC240311_ITEM 6A.PDF
Item 6B
Mid-Year Commission Activity Reports (Continued from February 26, 2024) CC240311_ITEM 6B.PDF
1. Documents:
2. Documents:
3. Documents:
4. Documents:
5. Documents:
6. Documents:
7. Documents:
Item 6B
Mid-Year Commission Activity Reports (Continued from February 26, 2024) CC240311_ITEM 6B.PDF
Item 6C
CC240311_ITEM 6C.PDF
Item 6D
Malibu Pacific Coast Highway Safety Projects Report
CC240311_ITEM 6D.PDF
CC240311_ITEM 6D_SUPPLEMENTAL.PDF
Item 7A
Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH (Mayor Pro Tem Stewart and Councilmember Grisanti) (Continued from February 26, 2024)
CC240311_ITEM 7A.PDF
7. Documents:
8. Documents:
9. Documents:
10. Documents:
HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.
HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.
HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker.
HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.
Amended1 Malibu City Council
Regular Meeting Agenda
Monday, March 11, 2024
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/84804457103
Five-thirty p.m. Convene for Purpose of Closed Session
Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
1 See the modified recommended action for Item No. 4.A.
AMENDED City Council Regular Meeting Agenda Page - 2 - March 11, 2024 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. 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 – March 1, 2024; Amended Agenda posted March 8, 2024 Approval of Agenda
1. Ceremonial/Presentations
None.
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
None.
B. New Items
AMENDED City Council Regular Meeting Agenda Page - 3 - March 11, 2024
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 71654-71805 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. 742 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $924,182.86. City of Malibu payroll check number 5411-5415 and ACH deposits were issued in the amount of $600,750.04.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
3. Approval of Minutes
Recommended Action: Approve the minutes for the September 25, 2023 Malibu City Council Regular meeting, September 27, 2023 Malibu City Council Special meeting, and October 9, 2023 Malibu City Council Regular meeting.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
4. SUPPORT (Horvath)– GenAI Solution for Traffic Mobility Insights for PCH Recommended Action: Ratification of Action Taken - Authorize City Manager to sign onto Joint Letter authored by Supervisor Lindsey Horvath requesting Department of Transportation identify Pacific Coast Highway for GenAI Solution for Traffic Mobility Insights.
Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300
4. Ordinances and Public Hearings
A. Appeal No. 23-008 - Appeal of Planning Commission Resolution No. 23-52 (Skatepark at 24250 Pacific Coast Highway; Appellant, 600 Spring LLC) (Continued from February 26, 2024) Recommended Action: Continue the item to a date uncertain.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
5. Old Business
None.
AMENDED City Council Regular Meeting Agenda Page - 4 - March 11, 2024
6. New Business
A. Strategic Plan Project Update (Continued from February 26, 2024) Recommended Action: Receive and file a progress report on the Strategic Plan Projects.
Staff Contact: City Manager McClary, 456-2489, ext. 226 B. Mid-Year Commission Activity Reports (Continued from February 26, 2024) Recommended Action: 1) Receive and file mid-year activity reports from the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission, and Public Works Commission; and 2) Amend Commission assignments for Fiscal Year 2023-2024, if appropriate.
Staff Contact: City Manager McClary, 456-2489, ext. 226 C. Senate Bill (SB) – NOT in California Act (Stern) SUPPORT Recommended Action: Authorize the Mayor to send a letter of support for Senate Bill – NOT in California Act (Stern) which would amend existing traffic laws to designate convictions of driving 26 miles per hour or greater over the posted speed-limit a two-point violation.
Staff Contact: Deputy City Manager Brown, 456-2489 ext. 300 D. Malibu Pacific Coast Highway Safety Projects Report
Recommended Action: 1) Receive and file March 2024 Pacific Coast Highway Safety Projects Report; 2) Receive a presentation on Analysis of Proposed Traffic Calming Measures; and 3) Provide Direction to Staff to explore and/or implement certain measurers within the City’s jurisdictional authority, if appropriate.
Staff Contact: Deputy City Manager Brown, 456-2489 ext. 300
7. Council Items
A. Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH (Mayor Pro Tem Stewart and Councilmember Grisanti) (Continued from February 26, 2024)
Recommended Action: At the request of Mayor Pro Tem Stewart and Councilmember Grisanti: 1) Consider advocating for proposed changes to the California State Vehicle Code to deter excessive speeding on PCH; and 2) Provide direction to staff, as needed, to come back at a future date with a resolution advocating for changes or a letter to California state officials.
Staff Contact: City Manager McClary, 456-2489, ext. 226 Adjournment
AMENDED City Council Regular Meeting Agenda Page - 5 - March 11, 2024 Future Meetings
Monday, March 20, 2024 TBD Special City Council Meeting City Hall Council Chambers Monday, March 25, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, April 8, 2024 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 Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.
No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.
City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials AMENDED City Council Regular Meeting Agenda Page - 6 - March 11, 2024 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 8
th day of March 2024 at 4:30 p.m.
Christina Muñoz, Deputy City Clerk
WARRANT REGISTER NO. 742
On March 11, 2024, the Malibu City Council allowed and approved warrant demand numbers 71654-71805 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 $924,182.86. City of Malibu payroll check numbers 5411-5415 and ACH deposits were issued in the amount of $600,750.04.
PASSED, APPROVED and ADOPTED this 11th day of March 2024. ____________________________________________
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 $1,524,932.90 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.
EXECUTED this 29th day of February 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
3-11-24
Item
3.B.2.
DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Accounts Payable
User:
Printed:
sflores
2/28/2024 7:51 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71654 USBANK U.S. Bank 02/15/2024 0.00 33,453.56
71655 13STARS 13 Stars Media 02/16/2024 0.00 545.51
71656 22310PCH 22310 PCH, LLC 02/16/2024 0.00 23.00
71657 AAAPROP AAA Propane Services, Inc. 02/16/2024 0.00 1,787.03 71658 ACMEVALL ACME Valley Security Services, Inc. 02/16/2024 0.00 435.00 71659 ADVANTAN MAP Communications, Inc. 02/16/2024 0.00 291.64 71660 ALCMIC Michael Alcorn 02/16/2024 0.00 120.00
71661 AMERGLOB American Global Security Inc 02/16/2024 0.00 3,150.00 71662 ARTTREK ART Trek, Inc 02/16/2024 0.00 175.00
71663 AUTOCON Auto Concierge 02/16/2024 0.00 613.58
71664 BADMET Badger Meter, Inc. 02/16/2024 0.00 40.04
71665 BAZFAI Faizan Bazmee 02/16/2024 0.00 50.00
71666 BURNS Burns Pacific Construction Inc 02/16/2024 0.00 209,086.05 71667 BUXANN Ann Buxie 02/16/2024 0.00 250.00
71668 CABUILDI CA Building Standards Commis. 02/16/2024 0.00 918.90 71669 CALIBLEA NATA Construction Inc 02/16/2024 0.00 6,828.30 71670 CALIPUMP California Pumping and Sanitation 02/16/2024 0.00 75.00 71671 CHAVEZL Larry Chavez 02/16/2024 0.00 270.00
71672 CIVICSO Civic Solutions, Inc 02/16/2024 0.00 8,032.50 71673 COASTALW Joseph D Smith 02/16/2024 0.00 42,160.50 71674 COOKALI Allison Cook 02/16/2024 0.00 5,662.50
71675 COOPERM Marsha Cooper 02/16/2024 0.00 600.00
71676 CRPRINT CR PRINT 02/16/2024 0.00 2,102.40
71677 CWCDRY Paul, Joseph Croteau 02/16/2024 0.00 3,512.00 71678 DANESHJ Jackline Yafai Daneshrad 02/16/2024 0.00 200.00 71679 ENHANCED Landscape Development, Inc. 02/16/2024 0.00 800.00 71680 ENSITU Ensitu Engineering 02/16/2024 0.00 25.00
71681 FERCANOL Laura DeMieri Fercano 02/16/2024 0.00 340.00 71682 FRONTIER Frontier California Inc 02/16/2024 0.00 4,645.22 71683 GAMBM Mitchell Gamble 02/16/2024 0.00 355.00
71684 GIINDUS G.I. Industries 02/16/2024 0.00 4,097.52
71685 GOVERNF Governmental Financial Service 02/16/2024 0.00 6,460.00 71686 HARTSEL Bob Harts Electric, Inc. 02/16/2024 0.00 1,622.06 71687 HDL Hinderliter, de Llamas, & Assoc 02/16/2024 0.00 1,408.04 71688 HOLNIC Nicole Holmes 02/16/2024 0.00 618.00
71689 HOMEPRO HD Supply Facilties Maintenance, Ltd 02/16/2024 0.00 361.67 71690 HOUSERUS House R Us 02/16/2024 0.00 1,916.86
71691 HUDJEN Jennifer Hudson 02/16/2024 0.00 75.00
71692 IPC INC Integrated Performance Consultants Inc 02/16/2024 0.00 109,280.12 71693 JFPRIETO JF Prieto Engineering Construction 02/16/2024 0.00 75.00 71694 JONZAC Zachary Jones 02/16/2024 0.00 140.00
71695 KENNEYK Kevin R Kenney 02/16/2024 0.00 150.00
71696 KIMLEY Kimley-Horn and Associates Inc 02/16/2024 0.00 25,572.36 71697 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/16/2024 0.00 75.00 71698 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/16/2024 0.00 75.00 71699 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/16/2024 0.00 75.00 71700 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/16/2024 0.00 75.00 AP Checks by Date - Summary by Check Number (2/28/2024 7:51 AM) Page 1 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71701 LACOWAT LA Co MalibuTreasurer-Waterworks 02/16/2024 0.00 1,114.24 71702 LAMANITA Anita Lam 02/16/2024 0.00 150.00
71703 LEMMOR Richard Lemmo 02/16/2024 0.00 50.00
71704 LEVKER Keri Levitus 02/16/2024 0.00 390.00
71705 LKJPPRO Lisa A. Burns 02/16/2024 0.00 1,000.00
71706 MACALANA Alana Maciejewski 02/16/2024 0.00 75.00
71707 MAGMAR Mark Magidson 02/16/2024 0.00 1,957.50
71708 MALAQUA Malibu Aquatics Foundation 02/16/2024 0.00 5,796.00 71709 MALIGLA Malibu Glass and Mirror, Inc 02/16/2024 0.00 99.00 71710 MALIPUER Malibu Puerco Oak LLC 02/16/2024 0.00 2,112.00 71711 MANMIC Michael Anthony Manfredo 02/16/2024 0.00 490.00 71712 MASNAT Natalie Massie 02/16/2024 0.00 775.00
71713 MATTMICH Dr. Michael D Matthews 02/16/2024 0.00 3,255.00 71714 MERRICKJ Judy M. Merrick 02/16/2024 0.00 160.00
71715 MINDRYLL The Mindry LLC 02/16/2024 0.00 300.00
71716 MNS MNS Engineers, Inc. 02/16/2024 0.00 3,057.79
71717 MONAHAN Ann Monahan 02/16/2024 0.00 360.00
71718 MOSSER Mosser Plumbing & Heating Inc 02/16/2024 0.00 270.00 71719 ODUOLU Oluwateniola Oduntan 02/16/2024 0.00 50.00 71720 PARKERB Joyce Parker-Bozylinski 02/16/2024 0.00 13,875.00 71721 PATMOR Morgan Patrick 02/16/2024 0.00 250.00
71722 PBALIMIT PBA Limited 02/16/2024 0.00 75.00
71723 QUADLEAS Quadient Leasing USA, Inc. 02/16/2024 0.00 704.16 71724 ROSENSHE Sheila Jean Rudich Rosenthal 02/16/2024 0.00 280.00 71725 RUSSM Margaret Russell 02/16/2024 0.00 160.00
71726 SAFEGUAR Safeguard Business Systems, Inc. 02/16/2024 0.00 344.85 71727 SAMBILL Bill Sampson 02/16/2024 0.00 115.00
71728 SCAFCA SCA of CA, LLC 02/16/2024 0.00 6,900.00
71729 SOLIDWA Solid Waste Solutions, Inc. 02/16/2024 0.00 414.75 71730 SPRING Springbrook Holding Company LLC 02/16/2024 0.00 33,087.91 71731 SWAALI Alison Swain 02/16/2024 0.00 125.00
71732 TETRATE Tetra Tech Inc 02/16/2024 0.00 45,974.58
71733 TREENURS Tree of Life Nursery 02/16/2024 0.00 3,426.42 71734 UNDERGR Underground Service Alert/SC 02/16/2024 0.00 133.91 71735 WATREC Water Resources Economics 02/16/2024 0.00 9,485.64 71736 WONGAR Gary C Wonnacott 02/16/2024 0.00 8,800.00
71737 XEROXFIN Xerox Corporation 02/16/2024 0.00 687.50 71738 YEHASSOC Yeh and Associates Inc 02/16/2024 0.00 43,817.38 71739 YOULAW Lawrence Young 02/16/2024 0.00 25.00
71740 YUNEX Siemens Mobility. Inc. 02/16/2024 0.00 1,896.66 71741 13STARS 13 Stars Media 02/26/2024 0.00 594.14
71742 777WINDI 777 Winding LLC 02/26/2024 0.00 206.10
71743 ACCESS Access Information Intermediate Holdings LLC02/26/2024 0.00 2,093.76 71744 ACCOUNTE OfficeTeam A Robert Half Company 02/26/2024 0.00 6,225.32 71745 ACMEVALL ACME Valley Security Services, Inc. 02/26/2024 0.00 1,675.16 71746 AKUVIK Vikram Akula 02/26/2024 0.00 30.00
71747 ALLKAR Karmel Allison 02/26/2024 0.00 30.00
71748 ANAWALT Anawalt Lumber Co., Inc 02/26/2024 0.00 36.37 71749 APPLE AppleOne 02/26/2024 0.00 2,840.92
71750 AZURCAP Azur CART & Captioning 02/26/2024 0.00 1,831.50 71751 CABUILDI CA Building Standards Commis. 02/26/2024 0.00 1,248.30 71752 CDTFA2 California Department of Tax & Fee Administration 02/26/2024 0.00 348.89 71753 COTTON Cotton,Shires & Associates,Inc 02/26/2024 0.00 72,489.75 71754 CRASTE Steven Crane 02/26/2024 0.00 1,214.75
71755 CRPRINT CR PRINT 02/26/2024 0.00 497.43
71756 DAVLOREN Loren Davis 02/26/2024 0.00 155.16
71757 ENHANCED Landscape Development, Inc. 02/26/2024 0.00 1,778.20 AP Checks by Date - Summary by Check Number (2/28/2024 7:51 AM) Page 2 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71758 GLADWEL Gladwell Governmental Ser Inc 02/26/2024 0.00 350.00 71759 GOVJOBS Governmentjobs.com, Inc. 02/26/2024 0.00 687.54 71760 GROLIL Lillian Gromann 02/26/2024 0.00 30.00
71761 iRIS Lorrie Feinberg 02/26/2024 0.00 13,770.00
71762 KERMAR Marylynne Kerman 02/26/2024 0.00 30.00
71763 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/26/2024 0.00 75.00 71764 LACOREG LA Co Registrar Recorder/Cty Clerk 02/26/2024 0.00 684.00 71765 LACOWAT LA Co MalibuTreasurer-Waterworks 02/26/2024 0.00 92.78 71766 Lance Lance, Soll & Lunghard, LLP 02/26/2024 0.00 1,785.00 71767 LEMMOR Richard Lemmo 02/26/2024 0.00 1,522.50
71768 LEOMAR Mary Leon 02/26/2024 0.00 495.00
71769 MCCSTEVE Steve McClary 02/26/2024 0.00 40.00
71770 MEANSRIC Ricardo P Means 02/26/2024 0.00 800.00
71771 MERIDIAN Meridian First Trust 02/26/2024 0.00 254.00 71772 NAICKERV Vasudevan Naicker 02/26/2024 0.00 350.00 71773 NEXTIVA Nextiva, Inc. 02/26/2024 0.00 4,220.50
71774 OCONNPAT Patrick O'Connell 02/26/2024 0.00 350.00 71775 PAPERCUT Paper Cuts Inc 02/26/2024 0.00 1,500.00
71776 PATCH Planck LLC 02/26/2024 0.00 2,800.00
71777 PUGMAR Marissa Puget 02/26/2024 0.00 30.00
71778 QUADFIN Quadient Finance USA INC 02/26/2024 0.00 600.00 71779 QUALITYC Quality Code Publishing LLC 02/26/2024 0.00 1,012.00 71780 REGAJ Jolynn Regan 02/26/2024 0.00 800.00
71781 REMOTESA Remote Satellite Systems Int'l 02/26/2024 0.00 255.80 71782 RHOAHE Heidi Rhoades 02/26/2024 0.00 30.00
71783 RINCONC Rincon Consultants, Inc 02/26/2024 0.00 18,524.55 71784 SDIPRES SDI Presence, LLC 02/26/2024 0.00 22,042.50 71785 SPECTRUM Charter Communications Holdings, LLC 02/26/2024 0.00 209.98 71786 STORIV Stoel Rives LLP 02/26/2024 0.00 170.00
71787 STORYPOL Coastal Design Build Group Inc 02/26/2024 0.00 300.00 71788 TALBC Caitlin Talbot 02/26/2024 0.00 30.00
71789 TOWNSPUB Townsend Public Affairs Inc 02/26/2024 0.00 6,500.00 71790 TRUNORTH True North Compliance Services, Inc. 02/26/2024 0.00 29,168.72 71791 USLABS Bureau Veritas North America, Inc. 02/26/2024 0.00 15,520.00 71792 VANWEN Wendy Van Wessel 02/26/2024 0.00 101.01
71793 VENTTRA Ventura Transit System, Inc. 02/26/2024 0.00 1,500.00 71794 VIAWEST Flexential Colorado Corp 02/26/2024 0.00 1,021.20 71795 VOILAU Lauren Voigt 02/26/2024 0.00 30.00
71796 WILLSCOT Williams Scotsman Inc 02/26/2024 0.00 2,068.00 71797 AETNA Health and Human Resource Center Inc 02/26/2024 0.00 118.15 71798 BlueShie Blue Shield of California 02/26/2024 0.00 1,306.31 71799 CASTDIS California State Disbursement Unit 02/26/2024 0.00 339.69 71800 DELTADE Delta Dental of California 02/26/2024 0.00 8,104.36 71801 ICMA457 ICMA-MissionSquare Retirement - 303615 02/26/2024 0.00 17,142.09 71802 ICMACM ICMA-MissionSquare Retirement - 108658 02/26/2024 0.00 600.00 71803 ICMADH ICMA-MissionSquare Retirement - 108650 02/26/2024 0.00 1,000.00 71804 STANDARD Standard Insurance Company N2 02/26/2024 0.00 355.28 71805 USBANK2 U.S. Bank 02/26/2024 0.00 1,506.50
Report Total (152 checks): 0.00 924,182.86
AP Checks by Date - Summary by Check Number (2/28/2024 7:51 AM) Page 3 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 User:
Printed: 02/28/2024 - 7:52AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00071654 To: 00071805
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.02.2024 Vision Care-Cobra-Linden-Feb'24 71798 -9.45 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.02.2024 Vision Care-Cobra-Gallagher-Dec'23-Feb'24 71798 -28.35 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.02.2024 Vision Care-Cobra-Fiori-Nov'23-Feb'24 71798 -111.32 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.02.2024 Vision Care-Cobra-Woodrow-Mar'24 71798 16.88 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.02.2024 Vision Care-Cobra-Rosas-Dec'23-Feb'24 71798 -51.84 Vendor Subtotal for Section 2:0000 -184.08
Section 2:0000
100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.02.2024 Dental Insurance-Cobra-Gallagher-Dec'23-Feb'24 71800 -150.18 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.02.2024 Dental Insurance-Cobra-Feldman-Mar'24 71800 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.02.2024 Dental Insurance-Cobra-Woodrow-Mar'24 71800 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.02.2024 Dental Insurance-Cobra-Rosas-Dec'23-Feb'24 71800 -321.33 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.02.2024 Dental Insurance-Cobra-Linden-Mar'24 71800 50.06 Vendor Subtotal for Section 2:0000 -321.33
Section 2:0000
100-0000-3201-00 Alarm Permit Fees 22310 PCH, LLC Reissue Ck #64519 - Ref-Overpayment Alarm Permit 21-3379 71656 23.00 Vendor Subtotal for Section 2:0000 23.00
Section 2:0000
100-0000-3202-00 Film Permit Fees Nicole Holmes Ref- Film Permit #23-304 71688 618.00 Vendor Subtotal for Section 2:0000 618.00
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 1 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3431-00 Public Works Project Review F Meridian First Trust Ref- PW Review TN 24-0019, 24700 Malibu Rd 71771 254.00 Vendor Subtotal for Section 2:0000 254.00
Section 2:0000
100-0000-3434-01 STR Permit Fee Mary Leon Ref- STR 21-0060, 3966 Las Flores Cyn Rd 71768 495.00 Vendor Subtotal for Section 2:0000 495.00
Section 2:0000
100-0000-3461-00 Municipal Facility Use Fee Morgan Patrick Ref- M. Patrick, Parking Rental Deposit 10/29/23 71721 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Margaret Russell Reissue Ck #64315 -Refund- Flag Football 71725 160.00 Vendor Subtotal for Section 2:0000 160.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Zachary Jones Ref- Sealions Swim Team 71694 140.00 Vendor Subtotal for Section 2:0000 140.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Anita Lam Ref- Sealions Swim Team 71702 150.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Alana Maciejewski Ref- Sealions Swim Team 71706 75.00 Vendor Subtotal for Section 2:0000 75.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Bill Sampson Ref- Adult Masters Swim Program 71727 115.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 2 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 115.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Alison Swain Ref- Adult Masters Swim Program 71731 125.00 Vendor Subtotal for Section 2:0000 125.00
Section 2:0000
100-0000-3469-00 Skate Park Program Fee Keri Levitus Ref- Intro to Skateboarding 71704 390.00 Vendor Subtotal for Section 2:0000 390.00
Section 2:0000
100-0000-3470-00 Community Classes Vikram Akula Ref- Music Together 1/31/24 71746 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Karmel Allison Ref- Music Together 1/31/24 71747 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Lillian Gromann Ref- Music Together 1/31/24 71760 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Jennifer Hudson Ref- Ice Dyeing Workshop x3 71691 75.00 Vendor Subtotal for Section 2:0000 75.00
Section 2:0000
100-0000-3470-00 Community Classes Marylynne Kerman Ref- Music Together 1/31/24 71762 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Marissa Puget Ref- Music Together 1/31/24 71777 30.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 3 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Heidi Rhoades Ref- Music Together 1/31/24 71782 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Caitlin Talbot Ref- Music Together 1/31/24 71788 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Lauren Voigt Ref- Music Together 1/31/24 71795 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:3001
100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 7: Yard Rental - Jan '24 71666 7,500.00 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 1: Routine Maint - Jan '24 71666 58,547.02 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 1: Routine Maint - Dec '23 71666 45,707.23 Vendor Subtotal for Section 2:3001 111,754.25
Section 2:3001
100-3001-5121-01 Street Sweeping SCA of CA, LLC Street Sweeping Svcs - Dec '23 71728 6,900.00 Vendor Subtotal for Section 2:3001 6,900.00
Section 2:3001
100-3001-5123-00 Storm Response Burns Pacific Construction Inc Task 4: Storm Response - Jan '24 71666 12,038.12 Vendor Subtotal for Section 2:3001 12,038.12
Section 2:3001
100-3001-5123-00 Storm Response Lisa A. Burns Disposal Fees - Sep '23 71705 1,000.00 Vendor Subtotal for Section 2:3001 1,000.00
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 4 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:3001
100-3001-5123-01 Culvert Cleaning Burns Pacific Construction Inc Task 3: Storm Drain Maint - Dec '23 71666 80,333.15 Vendor Subtotal for Section 2:3001 80,333.15
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Call Outs - May '23 71740 82.10 100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Dec '23 71740 606.00 100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Call Outs - Aug '23 71740 275.02 100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - May '23 71740 933.54 Vendor Subtotal for Section 2:3001 1,896.66
Section 2:3001
100-3001-5127-00 Weed Abatement Burns Pacific Construction Inc Task 2: Weed Abatement Toilet Rental 5/5 - 6/1/23 71666 203.93 Vendor Subtotal for Section 2:3001 203.93
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bus Stop/Cross Creek - Feb '24 71684 2,521.31 Vendor Subtotal for Section 2:3001 2,521.31
Section 2:3001
100-3001-6160-00 Operating Supplies Burns Pacific Construction Inc Supplies - Jan '24 71666 738.48 Vendor Subtotal for Section 2:3001 738.48
Section 2:3001
100-3001-6160-00 Operating Supplies Underground Service Alert/SC Monthly Fee - Dec '23 71734 36.41 100-3001-6160-00 Operating Supplies Underground Service Alert/SC Dig Alerts - Dec '23 71734 97.50 Vendor Subtotal for Section 2:3001 133.91
Section 2:3007
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 5 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount 100-3007-5610-00 Fac Maintenance-Civic Center Integrated Performance Consultants Inc CCSTF Operation/Maint - Dec '23 71692 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 - Dec '23 71692 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 - Dec '23 71692 200.00 Vendor Subtotal for Section 2:3007 200.00
Section 2:3007
100-3007-5721-00 Telephone Frontier California Inc Phone - Civic Center STF - Feb '24 71682 158.97 Vendor Subtotal for Section 2:3007 158.97
Section 2:3007
100-3007-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Broad Beach Irrigation 11/20/23 - 1/18/24 Acct#29652752 71701 185.54 100-3007-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - CCSTF 11/7/23 - 1/4/24 Acct#29152991 71701 459.35 Vendor Subtotal for Section 2:3007 644.89
Section 2:3008
100-3008-6160-00 Operating Supplies U.S. Bank PW-9462 Microsoft - Pen/Mouse 71654 373.95 Vendor Subtotal for Section 2:3008 373.95
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Phone - Charmlee Park - Feb '24 71682 64.13 100-4001-5721-00 Telephone Frontier California Inc Bluffs Park - Phone/Internet - Feb '24 71682 349.35 Vendor Subtotal for Section 2:4001 413.48
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 6 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:4001
100-4001-6160-00 Operating Supplies U.S. Bank CS-2169 Todoist - Monthly 71654 42.00 100-4001-6160-00 Operating Supplies U.S. Bank CS-7118 Amazon - General Rec Supplies 71654 93.08 100-4001-6160-00 Operating Supplies U.S. Bank CS-4743 General Rec - Supplies 71654 279.53 Vendor Subtotal for Section 2:4001 414.61
Section 2:4002
100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Swim Team & Masters Swim Program 1/4 - 2/1/24 71708 5,796.00 Vendor Subtotal for Section 2:4002 5,796.00
Section 2:4002
100-4002-5330-00 Dues & Memberships U.S. Bank CS-7118 Aquatics - Dues & Memberships 71654 354.00 Vendor Subtotal for Section 2:4002 354.00
Section 2:4002
100-4002-5401-00 Advertising & Noticing U.S. Bank CS-7118 PeachJar - Lifeguard Cert Course 71654 25.00 Vendor Subtotal for Section 2:4002 25.00
Section 2:4002
100-4002-6160-00 Operating Supplies U.S. Bank CS-7118 The Lifeguard Store - Staff Supplies 71654 430.51 Vendor Subtotal for Section 2:4002 430.51
Section 2:4003
100-4003-5721-00 Telephone U.S. Bank CS-1673 Satellite Phone Store - Charmlee Svc 71654 72.79 Vendor Subtotal for Section 2:4003 72.79
Section 2:4006
100-4006-5107-00 Contract Personnel Michael Alcorn Referee- Youth Basketball 2/3/24 (3) 71660 120.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 7 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4006 120.00
Section 2:4006
100-4006-5107-00 Contract Personnel Larry Chavez Referee - Youth/Middle School Basketball 2/2-2/3/24 (6) 71671 270.00 Vendor Subtotal for Section 2:4006 270.00
Section 2:4006
100-4006-5107-00 Contract Personnel Kevin R Kenney Referee- Middle School Basketball 2/2/24 (3) 71695 150.00 Vendor Subtotal for Section 2:4006 150.00
Section 2:4006
100-4006-5107-00 Contract Personnel Richard Lemmo Referee- K-1 Youth Basketball 2/3/24 71703 50.00 100-4006-5107-00 Contract Personnel Richard Lemmo Instructor - Winter 2024 Parent&Me Basketball 71767 1,522.50 Vendor Subtotal for Section 2:4006 1,572.50
Section 2:4006
100-4006-5340-00 Transportation & Mileage Loren Davis Reimb- CH/Malibu HS Roundtrip 12/8 - 12/18/23 71756 70.74 100-4006-5340-00 Transportation & Mileage Loren Davis Reimb- CH/Malibu HS Roundtrip 1/5 - 2/2/24 71756 84.42 Vendor Subtotal for Section 2:4006 155.16
Section 2:4006
100-4006-5401-00 Advertising & Noticing U.S. Bank CS-4743 Canva - Monthly 71654 24.95 Vendor Subtotal for Section 2:4006 24.95
Section 2:4006
100-4006-6160-00 Operating Supplies U.S. Bank CS-4743 NCSI - Background Checks 71654 277.50 Vendor Subtotal for Section 2:4006 277.50
Section 2:4007
100-4007-5107-00 Contract Personnel Michael Anthony Manfredo Instructor - Photographer Workshop 1/31/24 71711 250.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 8 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4007 250.00
Section 2:4007
100-4007-5107-00 Contract Personnel The Mindry LLC Instructor - Restorative Soundbath Workshop 1/30/24 71715 300.00 Vendor Subtotal for Section 2:4007 300.00
Section 2:4007
100-4007-6160-00 Operating Supplies Patrick O'Connell Decorations - Park Tales 3/14/24 71774 350.00 Vendor Subtotal for Section 2:4007 350.00
Section 2:4007
100-4007-6160-00 Operating Supplies U.S. Bank CS-4743 Community Classes - Supplies 71654 278.15 Vendor Subtotal for Section 2:4007 278.15
Section 2:4008
100-4008-5107-00 Contract Personnel ART Trek, Inc Instructor - Art Trek Workshop - Jan '24 71662 175.00 Vendor Subtotal for Section 2:4008 175.00
Section 2:4008
100-4008-5107-00 Contract Personnel Marsha Cooper Instructor - Stretch & Strength - Jan '24 71675 600.00 Vendor Subtotal for Section 2:4008 600.00
Section 2:4008
100-4008-5107-00 Contract Personnel Jackline Yafai Daneshrad Instructor - Cardio Salsa & Stretch - Jan '24 71678 200.00 Vendor Subtotal for Section 2:4008 200.00
Section 2:4008
100-4008-5107-00 Contract Personnel Laura DeMieri Fercano Instructor - Choir - Jan '24 71681 340.00 Vendor Subtotal for Section 2:4008 340.00
Section 2:4008
100-4008-5107-00 Contract Personnel Michael Anthony Manfredo Instructor - Yoga - Jan '24 71711 240.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 9 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4008 240.00
Section 2:4008
100-4008-5107-00 Contract Personnel Judy M. Merrick Instructor - Relax Through Coloring - Jan '24 71714 160.00 Vendor Subtotal for Section 2:4008 160.00
Section 2:4008
100-4008-5107-00 Contract Personnel Ann Monahan Instructor - Pilates, Ballet, Jazz - Jan '24 71717 360.00 Vendor Subtotal for Section 2:4008 360.00
Section 2:4008
100-4008-5107-00 Contract Personnel Sheila Jean Rudich Rosenthal Insructor - Knitting - Jan '24 71724 280.00 Vendor Subtotal for Section 2:4008 280.00
Section 2:4008
100-4008-5300-00 Travel and Training U.S. Bank CS-7084 ServSafe - Food Handler Certification 71654 29.97 Vendor Subtotal for Section 2:4008 29.97
Section 2:4008
100-4008-6160-00 Operating Supplies U.S. Bank CS-4743 NCSI - Background Checks 71654 37.00 100-4008-6160-00 Operating Supplies U.S. Bank CS-7084 Sr Center Supplies 71654 268.14 100-4008-6160-00 Operating Supplies U.S. Bank CS-2169 Marias Italian Kitchen - Sr Luncheon 12/21/23 71654 1,282.60 Vendor Subtotal for Section 2:4008 1,587.74
Section 2:4008
100-4008-6176-00 Recreation Trip Admissions U.S. Bank CS-7084 Sr Excursion Tickets 1/16 & 2/22/24 71654 770.18 Vendor Subtotal for Section 2:4008 770.18
Section 2:4010
100-4010-5100-00 Professional Services American Global Security Inc Las Flores - Security Svcs - Jan '24 71661 1,050.00 100-4010-5100-00 Professional Services American Global Security Inc Trancas - Security Svcs - Jan '24 71661 1,050.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 10 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount 100-4010-5100-00 Professional Services American Global Security Inc Equestrian - Security Svcs - Jan '24 71661 1,050.00 Vendor Subtotal for Section 2:4010 3,150.00
Section 2:4010
100-4010-5130-00 Parks Maintenance NATA Construction Inc Bluffs Park - Dugout Bench Seats Removal/Replacement 71669 6,828.30 Vendor Subtotal for Section 2:4010 6,828.30
Section 2:4010
100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Charmlee Park - Tree Svcs 71679 800.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Las Flores Park - Irrigation Repairs 1/9/24 71757 455.41 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Bluffs Park - Irrigation Repairs 1/9/24 71757 549.32 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Triangle Planter - Irrigation Repairs 1/9/24 71757 135.26 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Trancas Park - Irrigation Repairs 1/9/24 71757 284.66 Vendor Subtotal for Section 2:4010 2,224.65
Section 2:4010
100-4010-5130-00 Parks Maintenance Malibu Glass and Mirror, Inc Bluffs Park - Score Shed Plexiglass 71709 99.00 Vendor Subtotal for Section 2:4010 99.00
Section 2:4010
100-4010-5130-00 Parks Maintenance U.S. Bank CS-2481 Park Maint 71654 192.72 Vendor Subtotal for Section 2:4010 192.72
Section 2:4010
100-4010-5610-00 Facility Maintenance House R Us Bluffs Park - MLC Roof Tarping 71690 500.00 100-4010-5610-00 Facility Maintenance House R Us Bluffs Park - MLC Roof Tarping 71690 1,416.86 Vendor Subtotal for Section 2:4010 1,916.86
Section 2:4010
100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Las Flores - Monthly Septic Maint - Jan '24 71718 120.00 Vendor Subtotal for Section 2:4010 120.00
Section 2:4010
100-4010-5610-00 Facility Maintenance U.S. Bank CS-2481 Park Fac Maint 71654 146.24 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 11 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 146.24
Section 2:4010
100-4010-5640-00 Equipment Maintenance U.S. Bank CS-2481 Park Tools 71654 168.43 Vendor Subtotal for Section 2:4010 168.43
Section 2:4010
100-4010-5721-00 Telephone Frontier California Inc Phone - Las Flores, Bluffs, Trancas - Feb '24 71682 537.60 100-4010-5721-00 Telephone Frontier California Inc Phone - 23641 PCH (median) - Feb '24 71682 60.99 Vendor Subtotal for Section 2:4010 598.59
Section 2:4010
100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Broad Beach Scenic Sign 11/20/23-1/18/24 Acct#29159504 71765 92.78 Vendor Subtotal for Section 2:4010 92.78
Section 2:4010
100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Charmlee Park - Feb '24 71684 249.70 100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bluffs/Equestrian - Feb '24 71684 686.62 Vendor Subtotal for Section 2:4010 936.32
Section 2:4010
100-4010-6160-00 Operating Supplies Anawalt Lumber Co., Inc CS - Supplies 71748 12.14 Vendor Subtotal for Section 2:4010 12.14
Section 2:4010
100-4010-6300-00 Repair & Maint. Supplies Anawalt Lumber Co., Inc Las Flores - Tools/Equipment 71748 21.99 Vendor Subtotal for Section 2:4010 21.99
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 12 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-6600-00 Equipment Parts U.S. Bank CS-2481 O'Reilly Auto Parts - Generator Battery 71654 117.57 Vendor Subtotal for Section 2:4010 117.57
Section 2:4010
100-4010-7300-00 Leasehold Improvements Gary C Wonnacott Bluffs Park - Boulder Barriers Delivery/Installation 71736 8,800.00 Vendor Subtotal for Section 2:4010 8,800.00
Section 2:4011
100-4011-6160-00 Operating Supplies U.S. Bank CS-4743 Special Events - Supplies 71654 159.79 100-4011-6160-00 Operating Supplies U.S. Bank CS-7084 Hobby Lobby - Student Art Exhibit Supplies 71654 26.86 Vendor Subtotal for Section 2:4011 186.65
Section 2:4012
100-4012-5107-00 Contract Personnel Ann Buxie Reissue Ck#65596 - Winter '22 Poetry/Writing Wrkshp 71667 250.00 Vendor Subtotal for Section 2:4012 250.00
Section 2:4012
100-4012-5107-00 Contract Personnel Ricardo P Means Art Programs/Poetry Workshops Sep-Oct '23 71770 800.00 Vendor Subtotal for Section 2:4012 800.00
Section 2:4012
100-4012-5107-00 Contract Personnel Jolynn Regan Art Programs/Poetry Workshops Sep-Oct '23 71780 800.00 Vendor Subtotal for Section 2:4012 800.00
Section 2:4012
100-4012-6160-00 Operating Supplies U.S. Bank CS-4743 NCSI - Background Checks 71654 37.00 100-4012-6160-00 Operating Supplies U.S. Bank CS-7084 Amazon - Supplies 71654 309.78 Vendor Subtotal for Section 2:4012 346.78
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 13 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:7002
100-7002-5100-00 Professional Services MAP Communications, Inc. Live Telephone Answering Svc - Feb '24 71659 291.64 Vendor Subtotal for Section 2:7002 291.64
Section 2:7002
100-7002-5100-00 Professional Services Azur CART & Captioning Remote Closed Captioning Svcs - Jan '24 71750 1,831.50 Vendor Subtotal for Section 2:7002 1,831.50
Section 2:7002
100-7002-5330-00 Dues & Memberships U.S. Bank CM-2962 CAPIO - Membership & Conference 71654 950.00 Vendor Subtotal for Section 2:7002 950.00
Section 2:7002
100-7002-5401-00 Advertising & Noticing U.S. Bank CM-2962 Facebook - Ads for City Msgs 71654 484.10 Vendor Subtotal for Section 2:7002 484.10
Section 2:7002
100-7002-6160-00 Operating Supplies U.S. Bank CM-2962 Amazon/Apple - Supplies 71654 39.09 Vendor Subtotal for Section 2:7002 39.09
Section 2:7003
100-7003-5100-00 Professional Services Dr. Michael D Matthews SMMUSD Separation - Jan '24 71713 3,255.00 Vendor Subtotal for Section 2:7003 3,255.00
Section 2:7003
100-7003-5105-00 Grant Consultant Townsend Public Affairs Inc Grant Writing Svcs - Feb '24 71789 6,500.00 Vendor Subtotal for Section 2:7003 6,500.00
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 14 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:7003
100-7003-5300-00 Travel and Training Steve McClary Reimb- CalCities CM Conference Parking 71769 40.00 Vendor Subtotal for Section 2:7003 40.00
Section 2:7003
100-7003-5300-00 Travel and Training U.S. Bank CM-5601 League of CA Cities Meeting 1/4/23 M. Riggins 71654 50.00 Vendor Subtotal for Section 2:7003 50.00
Section 2:7003
100-7003-5330-00 Dues & Memberships U.S. Bank CM-5601 ICMA Annual Membership Dues 71654 1,200.00 Vendor Subtotal for Section 2:7003 1,200.00
Section 2:7003
100-7003-6160-00 Operating Supplies U.S. Bank AS-2163 Whole Foods - Admin Staff Holiday 71654 109.85 Vendor Subtotal for Section 2:7003 109.85
Section 2:7005
100-7005-5100-00 Professional Services Stoel Rives LLP Legal Svcs - Malibu SYTF - Jan '24 71786 170.00 Vendor Subtotal for Section 2:7005 170.00
Section 2:7007
100-7007-5100-00 Professional Services Gladwell Governmental Ser Inc Annual Retention Schedule Update FY 23/24 71758 350.00 Vendor Subtotal for Section 2:7007 350.00
Section 2:7007
100-7007-5100-00 Professional Services LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Jul '23 71764 29.00 Vendor Subtotal for Section 2:7007 29.00
Section 2:7007
100-7007-5100-00 Professional Services Quality Code Publishing LLC LCP Quarterly Supplement 71779 365.00 100-7007-5100-00 Professional Services Quality Code Publishing LLC MMC Quarterly Supplement 71779 647.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 15 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7007 1,012.00
Section 2:7007
100-7007-5100-00 Professional Services U.S. Bank CC-2343 Dropbox - Monthly 71654 54.00 Vendor Subtotal for Section 2:7007 54.00
Section 2:7007
100-7007-5150-00 Elections U.S. Bank CC-2343 MCA Direct - 2024 Municipal Election Supplies 71654 510.94 Vendor Subtotal for Section 2:7007 510.94
Section 2:7021
100-7021-5721-00 Telephone Frontier California Inc Phone - Disaster, Tier, E911 - Feb '24 71682 323.02 Vendor Subtotal for Section 2:7021 323.02
Section 2:7021
100-7021-5721-00 Telephone Remote Satellite Systems Int'l Satellite Phones - Mar '24 71781 255.80 Vendor Subtotal for Section 2:7021 255.80
Section 2:7021
100-7021-5721-00 Telephone U.S. Bank IS-4175 Public Safety - Starlink 71654 500.00 Vendor Subtotal for Section 2:7021 500.00
Section 2:7021
100-7021-6160-00 Operating Supplies Coastal Design Build Group Inc KBUU Antenna Installation 71787 300.00 Vendor Subtotal for Section 2:7021 300.00
Section 2:7021
100-7021-6160-00 Operating Supplies U.S. Bank AS-2163 DirectTV - EOC TV Jan '24 71654 95.99 100-7021-6160-00 Operating Supplies U.S. Bank IS-4175 Public Safety - EOC DirectTV 71654 190.98 100-7021-6160-00 Operating Supplies U.S. Bank PS-9005 Operating Supplies 71654 1,232.02 Vendor Subtotal for Section 2:7021 1,518.99
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 16 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:7021
100-7021-6160-00 Operating Supplies Wendy Van Wessel Reimb- CERT Team Snacks/Refreshments 71792 101.01 Vendor Subtotal for Section 2:7021 101.01
Section 2:7021
100-7021-6160-01 VOP Operating Supplies U.S. Bank PS-4213 Amazon - VOP Key Card Lockbox 71654 20.89 Vendor Subtotal for Section 2:7021 20.89
Section 2:7021
100-7021-7800-00 Other Equipment Burns Pacific Construction Inc Task 6: Other - Beacon Box Installation - Oct '23 71666 3,477.12 Vendor Subtotal for Section 2:7021 3,477.12
Section 2:7054
100-7054-5100-00 Professional Services Governmental Financial Service CPA Svcs - Fund Balance/State Controller - Jan '24 71685 6,460.00 Vendor Subtotal for Section 2:7054 6,460.00
Section 2:7054
100-7054-5100-00 Professional Services Hinderliter, de Llamas, & Assoc Sales Tax Mgmt/Audit Svcs - Q1 2023 (Jul-Sep) 71687 1,408.04 Vendor Subtotal for Section 2:7054 1,408.04
Section 2:7054
100-7054-5100-00 Professional Services Lance, Soll & Lunghard, LLP 2023 Single Audit - Planning 71766 1,785.00 Vendor Subtotal for Section 2:7054 1,785.00
Section 2:7054
100-7054-5100-00 Professional Services U.S. Bank AS-2163 GFOA - FY 22/23 ACFR Submission Fee 71654 460.00 Vendor Subtotal for Section 2:7054 460.00
Section 2:7054
100-7054-5117-00 Film Permit Consultant Frontier California Inc Phone - Film Fax - Feb '24 71682 34.41 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 17 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7054 34.41
Section 2:7054
100-7054-5210-00 Service Fees & Charges Anawalt Lumber Co., Inc Service Fee 71748 2.24 Vendor Subtotal for Section 2:7054 2.24
Section 2:7054
100-7054-5330-00 Dues & Memberships U.S. Bank AS-2163 CSMFO - Membership Dues R. Neermann 71654 135.00 100-7054-5330-00 Dues & Memberships U.S. Bank AS-0702 CSMFO - Membership Dues J. Hand 71654 55.00 Vendor Subtotal for Section 2:7054 190.00
Section 2:7054
100-7054-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - GF Grant Program 2/1/24 71655 52.02 100-7054-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Financial Transactions Report 2/8/24 71655 141.52 100-7054-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - CDBG Funding 2/1/24 71741 58.14 Vendor Subtotal for Section 2:7054 251.68
Section 2:7054
100-7054-5405-00 Printing Safeguard Business Systems, Inc. CR Deposit Tickets 71726 344.85 Vendor Subtotal for Section 2:7054 344.85
Section 2:7054
100-7054-6120-00 Computer Software Springbrook Holding Company LLC Cloud Migration 71730 15,750.00 100-7054-6120-00 Computer Software Springbrook Holding Company LLC Springbrook Subscriptions 10/10/23 - 6/30/24 71730 17,337.91 Vendor Subtotal for Section 2:7054 33,087.91
Section 2:7054
100-7054-6160-00 Operating Supplies U.S. Bank AS-5448 Amazon - Work Phone Case 71654 8.79 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 18 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7054 8.79
Section 2:7058
100-7058-4203-00 Vision Insurance Blue Shield of California PR 15.02.2024 Vision Care-Ortiz-Bradley-Feb'24 71798 27.83 Vendor Subtotal for Section 2:7058 27.83
Section 2:7058
100-7058-4204-00 Dental Insurance Delta Dental of California PR 15.02.2024 Dental Insurance-Ortiz-Bradley-Feb'24 71800 157.75 Vendor Subtotal for Section 2:7058 157.75
Section 2:7058
100-7058-5320-00 Recruitment Expense Governmentjobs.com, Inc. Subscription Fee 8/12/23 - 8/11/24 71759 687.54 Vendor Subtotal for Section 2:7058 687.54
Section 2:7058
100-7058-5320-00 Recruitment Expense U.S. Bank CS-2169 Zinque - Interview Panel Lunch 1/9/24 71654 84.50 100-7058-5320-00 Recruitment Expense U.S. Bank CS-4743 Zinque - Interview Panel Lunch 1/18/24 71654 50.05 100-7058-5320-00 Recruitment Expense U.S. Bank HR-5582 Pavilions - Interview Panel Snacks 71654 27.55 100-7058-5320-00 Recruitment Expense U.S. Bank CM-2962 LinkedIn - Recruitment Ads 71654 137.58 Vendor Subtotal for Section 2:7058 299.68
Section 2:7059
100-7059-5205-00 Postage Quadient Finance USA INC Postage Meter - Feb '24 71778 600.00 Vendor Subtotal for Section 2:7059 600.00
Section 2:7059
100-7059-5205-00 Postage U.S. Bank AS-2163 USPS - Parking Citation Postage 71654 8.94 Vendor Subtotal for Section 2:7059 8.94
Section 2:7059
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 19 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount 100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLC2024 Offsite Records Services - Feb 71743 2,029.58 100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLCShred Svcs 1/19/24 71743 64.18 Vendor Subtotal for Section 2:7059 2,093.76
Section 2:7059
100-7059-5721-00 Telephone Frontier California Inc Phone - Annex Fax Ln - Feb '24 71682 60.99 100-7059-5721-00 Telephone Frontier California Inc Phone - City Hall Fac, Cable, Teleconference - Feb '24 71682 515.57 Vendor Subtotal for Section 2:7059 576.56
Section 2:7059
100-7059-5721-00 Telephone Nextiva, Inc. City Hall Phone Svcs 1/18 - 2/17/24 71773 4,220.50 Vendor Subtotal for Section 2:7059 4,220.50
Section 2:7059
100-7059-5800-00 Equipment Leases Quadient Leasing USA, Inc. Postage Meter Lease - 11/28/23 - 2/27/24 71723 704.16 Vendor Subtotal for Section 2:7059 704.16
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - B8170 - 1/22 - 2/21/24 71737 687.50 Vendor Subtotal for Section 2:7059 687.50
Section 2:7059
100-7059-6160-00 Operating Supplies U.S. Bank CC-2343 Amazon - Meeting Room Pitchers 71654 69.53 100-7059-6160-00 Operating Supplies U.S. Bank IS-4175 Oprating Supplies 71654 50.60 100-7059-6160-00 Operating Supplies U.S. Bank HR-5582 HR Mgr Welcome Breakfast 71654 37.26 Vendor Subtotal for Section 2:7059 157.39
Subtotal for Section 1: 100 350,763.25
Section 1: 101
Section 2:0000
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 20 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount 101-0000-3205-00 Plumbing Permits Steven Crane Ref- Plumbing Fees, 27460 Latigo Bay View Dr 71754 483.75 Vendor Subtotal for Section 2:0000 483.75
Section 2:0000
101-0000-3207-00 Mechanical Permits Steven Crane Ref- Mechanical Fees, 27460 Latigo Bay View Dr 71754 344.00 Vendor Subtotal for Section 2:0000 344.00
Section 2:0000
101-0000-3208-00 Electrical Permit Fees Steven Crane Ref- Electrical Fees, 27460 Latigo Bay View Dr 71754 387.00 Vendor Subtotal for Section 2:0000 387.00
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe California Pumping and Sanitation Ref- NAWT Training/Exam M. Broce 71670 75.00 Vendor Subtotal for Section 2:0000 75.00
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe Ensitu Engineering Ref- NAWT Training J. Yaroslaski 71680 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe JF Prieto Engineering Construction Ref- NAWT Training/Exam J. Warren 71693 75.00 Vendor Subtotal for Section 2:0000 75.00
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe Mosser Plumbing & Heating Inc Ref- NAWT Training/Exam 71718 75.00 101-0000-3414-00 Environmnt'l Health Review Fe Mosser Plumbing & Heating Inc Ref- NAWT Training/Exam 71718 75.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe PBA Limited Ref- NAWT Training/Exam R. Files 71722 75.00 Vendor Subtotal for Section 2:0000 75.00
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 21 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe Lawrence Young Ref- NAWT Training L. Young 71739 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
101-0000-3419-00 Credit Card Fees 777 Winding LLC Ref- Credit Card Fee 71742 6.10 Vendor Subtotal for Section 2:0000 6.10
Section 2:0000
101-0000-3419-00 Credit Card Fees Auto Concierge Ref- Credit Card Fee 71663 17.58 Vendor Subtotal for Section 2:0000 17.58
Section 2:0000
101-0000-3421-00 Planning Review Fees 777 Winding LLC Ref- PA 24-001, 27935 Winding Wy 71742 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
101-0000-3421-00 Planning Review Fees Auto Concierge Ref- Time Extention Fee, PVWF 20-122 71663 596.00 Vendor Subtotal for Section 2:0000 596.00
Section 2:0000
101-0000-3421-00 Planning Review Fees Malibu Puerco Oak LLC Ref- Minor Modifications CDP 21-042, 3868 Puerco Cyn Rd 71710 2,112.00 Vendor Subtotal for Section 2:0000 2,112.00
Section 2:0000
101-0000-3425-00 CA Bldg Standards Surcharge CA Building Standards Commis. Building Standards Admin Fee - 1st Quarter 2023 (Jan-Mar) 71668 918.90 101-0000-3425-00 CA Bldg Standards Surcharge CA Building Standards Commis. Building Standards Admin Fee - 2nd Quarter 2023 (Apr-Jun) 71751 1,248.30 Vendor Subtotal for Section 2:0000 2,167.20
Section 2:2001
101-2001-4203-00 Vision Insurance Blue Shield of California PR 15.02.2024 Vision Care-Peralta-Feb'24 71798 9.45 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 22 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 9.45
Section 2:2001
101-2001-5100-00 Professional Services Civic Solutions, Inc Contract Planning Svcs - Jan '24 71672 8,032.50 Vendor Subtotal for Section 2:2001 8,032.50
Section 2:2001
101-2001-5100-00 Professional Services Joseph D Smith Planning Svcs - Jan '24 71673 42,160.50 Vendor Subtotal for Section 2:2001 42,160.50
Section 2:2001
101-2001-5100-00 Professional Services Allison Cook City Planning Svcs - Jan '24 71674 5,662.50 Vendor Subtotal for Section 2:2001 5,662.50
Section 2:2001
101-2001-5100-00 Professional Services Lorrie Feinberg Database Updates - Planning - Jan '24 71761 270.00 101-2001-5100-00 Professional Services Lorrie Feinberg Database Updates - Planning - LEAP ADU Grant - Jan '24 71761 4,488.75 Vendor Subtotal for Section 2:2001 4,758.75
Section 2:2001
101-2001-5100-00 Professional Services Joyce Parker-Bozylinski General Planning Consulting Svcs - Dec '23 to Jan '24 71720 13,875.00 Vendor Subtotal for Section 2:2001 13,875.00
Section 2:2001
101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 2/2/24 71744 2,357.16 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 1/26/24 71744 2,417.60 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 1/19/24 71744 1,450.56 Vendor Subtotal for Section 2:2001 6,225.32
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 27740 Pacific Coast Hwy - APR 23-051 71697 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 28944 Grayfox St - APR 23-069 71698 75.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 23 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 29754 Baden Pl - APR 23-040 71699 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6210 Ocean Breeze Dr - APRWF 23-019 71700 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 23915 Malibu Rd - APR 23-065 71763 75.00 Vendor Subtotal for Section 2:2001 375.00
Section 2:2001
101-2001-5300-00 Travel and Training U.S. Bank PL-5265 38th Annual Planning Conf R. Brooks 71654 625.00 Vendor Subtotal for Section 2:2001 625.00
Section 2:2001
101-2001-5330-00 Dues & Memberships U.S. Bank PL-5265 Zoom - Monthly 71654 16.71 Vendor Subtotal for Section 2:2001 16.71
Section 2:2001
101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 10-Day 2/8/24 71655 122.40 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 21-Day 2/8/24 71655 159.19 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 2/1/24 71655 70.38 Vendor Subtotal for Section 2:2001 351.97
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 24250 PCH 71755 188.17 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 71755 309.26 Vendor Subtotal for Section 2:2001 497.43
Section 2:2004
101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc B&S Admin - Jan '24 71753 3,977.50 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geology/ Coastal Engr Update - Jan '24 71753 1,127.50 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc B&S Task - Jan '24 71753 3,098.75 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc EH Counter Hours - Jan '24 71753 6,681.50 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geology/ Coastal Counter Hours - Jan '24 71753 19,332.50 Vendor Subtotal for Section 2:2004 34,217.75
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 24 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:2004
101-2004-5100-00 Professional Services Lorrie Feinberg Database Updates - Building Safety - Jan '24 71761 8,977.50 Vendor Subtotal for Section 2:2004 8,977.50
Section 2:2004
101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - In House - Jan '24 71790 2,660.00 101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - Jan '24 71790 26,229.22 Vendor Subtotal for Section 2:2004 28,889.22
Section 2:2004
101-2004-5100-00 Professional Services Bureau Veritas North America, Inc. Plan Check - Dec '23 71791 9,850.00 101-2004-5100-00 Professional Services Bureau Veritas North America, Inc. Plan Check - Jan '24 71791 5,670.00 Vendor Subtotal for Section 2:2004 15,520.00
Section 2:2004
101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 2/3/24 71749 1,447.60 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 1/27/24 71749 1,393.32 Vendor Subtotal for Section 2:2004 2,840.92
Section 2:2004
101-2004-5300-00 Travel and Training U.S. Bank ESD-9405 Expedia - SoCal Earthquake Symposium 71654 289.33 Vendor Subtotal for Section 2:2004 289.33
Section 2:2004
101-2004-5330-00 Dues & Memberships Mitchell Gamble Reimb- ICC Renewals/Reinstatement 71683 355.00 Vendor Subtotal for Section 2:2004 355.00
Section 2:2004
101-2004-5330-00 Dues & Memberships U.S. Bank ESD-9405 ICC - Membership Dues T. Rossine 71654 160.00 Vendor Subtotal for Section 2:2004 160.00
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 25 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:2004
101-2004-6130-00 Records Retention Paper Cuts Inc Shred Event 2/17/24 71775 1,500.00 Vendor Subtotal for Section 2:2004 1,500.00
Section 2:2004
101-2004-6160-00 Operating Supplies U.S. Bank ESD-9405 Amazon - Work Phone Case/Screen Protector 71654 29.68 Vendor Subtotal for Section 2:2004 29.68
Section 2:2010
101-2010-5100-00 Professional Services Lorrie Feinberg Database Updates - Wastewater (EH) - Jan '24 71761 33.75 Vendor Subtotal for Section 2:2010 33.75
Section 2:2010
101-2010-6160-00 Operating Supplies U.S. Bank ESD-9405 Subway/Ralphs - OWTS Training Lunch 71654 525.66 Vendor Subtotal for Section 2:2010 525.66
Section 2:2012
101-2012-5330-00 Dues & Memberships U.S. Bank PL-5265 CACEO - Membership A. Tripolskiy 71654 100.00 Vendor Subtotal for Section 2:2012 100.00
Section 2:3003
101-3003-5100-02 CIMP Tetra Tech Inc CIMP Monitoring 11/25 - 12/29/23 71732 45,974.58 Vendor Subtotal for Section 2:3003 45,974.58
Section 2:3003
101-3003-6160-00 Operating Supplies U.S. Bank ESD-9405 Amazon - Work Phone Case/Screen Protector 71654 25.07 Vendor Subtotal for Section 2:3003 25.07
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 26 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 101 228,767.22
Section 1: 102
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Woolsey Fire - EH Reviews - Jan '24 71753 3,625.50 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Woolsey Fire - Counter Hours - Jan '24 71753 10,546.50 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Woolsey Fire - Geotech Review - Jan '24 71753 24,100.00 Vendor Subtotal for Section 2:3002 38,272.00
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD True North Compliance Services, Inc. Woolsey Fire Rebuild Plan Reviews - Jan '24 71790 279.50 Vendor Subtotal for Section 2:3002 279.50
Subtotal for Section 1: 102 38,551.50
Section 1: 103
Section 2:0000
103-0000-3505-02 Rent - Parking Lot Natalie Massie Ref- N. Massie, Parking Rental 8/20/23 71712 525.00 Vendor Subtotal for Section 2:0000 525.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance AAA Propane Services, Inc. Finance Fee 71657 7.48 103-9050-5610-00 Facilities Maintenance AAA Propane Services, Inc. City Hall - Propane Tank Rental 71657 107.25 103-9050-5610-00 Facilities Maintenance AAA Propane Services, Inc. City Hall - Propane 71657 1,672.30 Vendor Subtotal for Section 2:9050 1,787.03
Section 2:9050
103-9050-5610-00 Facilities Maintenance ACME Valley Security Services, Inc. Key Card Training 71658 435.00 103-9050-5610-00 Facilities Maintenance ACME Valley Security Services, Inc. City Hall Door/Security Repairs 71745 1,675.16 Vendor Subtotal for Section 2:9050 2,110.16
Section 2:9050
103-9050-5610-00 Facilities Maintenance Burns Pacific Construction Inc City Hall - Parking Lot Light Post Maint - Jan '24 71666 541.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 27 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9050 541.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance California Department of Tax & Fee Administration Aqua Chem - Feb '24 Water Treatment Acct#101-349966 71752 348.89 Vendor Subtotal for Section 2:9050 348.89
Section 2:9050
103-9050-5610-00 Facilities Maintenance HD Supply Facilties Maintenance, Ltd City Hall - Janitorial Supplies 71689 337.07 103-9050-5610-00 Facilities Maintenance HD Supply Facilties Maintenance, Ltd City Hall - Janitorial Supplies 71689 24.60 Vendor Subtotal for Section 2:9050 361.67
Section 2:9050
103-9050-5610-00 Facilities Maintenance U.S. Bank AS-7465 City Hall Fac Maint 71654 347.54 103-9050-5610-00 Facilities Maintenance U.S. Bank AS-7465 SETON - Parking Lot Signs 71654 78.06 Vendor Subtotal for Section 2:9050 425.60
Section 2:9050
103-9050-5721-00 Telephone Frontier California Inc Phone - City Hall Septic, Irrigation, Fire, Elevator - Feb '24 71682 328.89 Vendor Subtotal for Section 2:9050 328.89
Section 2:9050
103-9050-7300-00 Leasehold Improvements Paul, Joseph Croteau Mirror Removal/New Low Wall 71677 3,512.00 Vendor Subtotal for Section 2:9050 3,512.00
Section 2:9050
103-9050-7300-00 Leasehold Improvements Bob Harts Electric, Inc. Public Safety Office - Additional Outlets 71686 1,622.06 Vendor Subtotal for Section 2:9050 1,622.06
Subtotal for Section 1: 103 11,562.30
Section 1: 203
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 28 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:3009
203-3009-5145-00 Dial A Ride Services Ventura Transit System, Inc. Dial-A-Ride Admin Fee Balance Jul-Dec'23 71793 1,500.00 Vendor Subtotal for Section 2:3009 1,500.00
Subtotal for Section 1: 203 1,500.00
Section 1: 207
Section 2:3004
207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Dumpster Lid Enforcement - Jan '24 71729 265.50 Vendor Subtotal for Section 2:3004 265.50
Section 2:3004
207-3004-5850-00 Recycling supplies 13 Stars Media Ad- Organic Recycling 2/1/24 SB1383 Grant 71741 268.00 Vendor Subtotal for Section 2:3004 268.00
Section 2:3004
207-3004-5850-00 Recycling supplies CR PRINT SB1383 Grant - Organic Recycling Citywide Postcard 71676 2,102.40 Vendor Subtotal for Section 2:3004 2,102.40
Section 2:3004
207-3004-5850-00 Recycling supplies Planck LLC SB1383 - ESD Ads 2/19 - 4/19/24 71776 2,800.00 Vendor Subtotal for Section 2:3004 2,800.00
Section 2:3004
207-3004-5850-00 Recycling supplies Solid Waste Solutions, Inc. SB 1383 Grant - Jan '24 71729 149.25 Vendor Subtotal for Section 2:3004 149.25
Subtotal for Section 1: 207 5,585.15
Section 1: 215
Section 2:7070
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 29 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount 215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Tank - 1/23 - 2/19/24 71796 1,034.00 215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Tank - 12/26/23 - 1/22/24 71796 1,034.00 Vendor Subtotal for Section 2:7070 2,068.00
Subtotal for Section 1: 215 2,068.00
Section 1: 290
Section 2:6002
290-6002-5100-00 Professional Services Yeh and Associates Inc Big Rock Mesa AD 98-1 Monitoring/Maint - Dec '2371738 32,892.36 Vendor Subtotal for Section 2:6002 32,892.36
Section 2:6002
290-6002-7903-00 Storm Drain Improvements Yeh and Associates Inc Big Rock Mesa AD 98-1 Capital Improvement - Dec '23 71738 4,525.45 Vendor Subtotal for Section 2:6002 4,525.45
Subtotal for Section 1: 290 37,417.81
Section 1: 291
Section 2:6003
291-6003-5100-00 Professional Services Yeh and Associates Inc Malibu Rd AD 98-3 Monitoring/Maint - Dec '23 71738 2,601.25 Vendor Subtotal for Section 2:6003 2,601.25
Section 2:6003
291-6003-7903-00 Storm Drain Improvements Yeh and Associates Inc Malibu Rd AD 98-3 Capital Improvements - Dec '23 71738 440.00 Vendor Subtotal for Section 2:6003 440.00
Subtotal for Section 1: 291 3,041.25
Section 1: 292
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 30 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:6004
292-6004-5100-00 Professional Services Yeh and Associates Inc Calle del Barco AD 98-2 Monitoring/Maint - Dec '2371738 3,358.32 Vendor Subtotal for Section 2:6004 3,358.32
Subtotal for Section 1: 292 3,358.32
Section 1: 310
Section 2:9066
310-9066-5100-00 Professional Services Kimley-Horn and Associates Inc PCH Signal Synch System - Nov '23 71696 15,222.19 Vendor Subtotal for Section 2:9066 15,222.19
Section 2:9106
310-9106-5100-00 Malibu Canyon Rd Traffic Study Kimley-Horn and Associates Inc Malibu Canyon Rd Study - Dec '23 71696 10,350.17 Vendor Subtotal for Section 2:9106 10,350.17
Subtotal for Section 1: 310 25,572.36
Section 1: 500
Section 2:7008
500-7008-5130-00 Park Maintenance Landscape Development, Inc. Legacy Park - Irrigation Repairs 1/16, 1/19/24 71757 353.55 Vendor Subtotal for Section 2:7008 353.55
Section 2:7008
500-7008-5130-00 Park Maintenance G.I. Industries Garbage - Ioki Lot - Feb '24 71684 212.71 Vendor Subtotal for Section 2:7008 212.71
Section 2:7008
500-7008-5130-00 Park Maintenance Tree of Life Nursery Legacy Park - Plant Rehabilitation 1/24/24 71733 3,426.42 Vendor Subtotal for Section 2:7008 3,426.42
Section 2:7008
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 31 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount 500-7008-5130-00 Park Maintenance U.S. Bank CS-2481 Home Depot - Concrete 71654 23.62 Vendor Subtotal for Section 2:7008 23.62
Section 2:7008
500-7008-5610-00 Facility Maintenance G.I. Industries Garbage - Supercare Pharmacy - Feb '24 71684 203.62 Vendor Subtotal for Section 2:7008 203.62
Section 2:7008
500-7008-6160-00 Operating Supplies U.S. Bank CS-1673 Ralphs - Water for Legacy Park Crew 71654 5.89 Vendor Subtotal for Section 2:7008 5.89
Subtotal for Section 1: 500 4,225.81
Section 1: 515
Section 2:3010
515-3010-5100-00 Professional Services Water Resources Economics CCWTF Water Rate Update - Phase 1 - Jan '24 71735 9,485.64 Vendor Subtotal for Section 2:3010 9,485.64
Section 2:3010
515-3010-5611-00 WWTF Maintenance Integrated Performance Consultants Inc Operation, Maint, and Mgmt - CCWWTF - Dec '23 71692 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 - Dec '23 71692 3,068.93 Vendor Subtotal for Section 2:3010 3,068.93
Section 2:3010
515-3010-5656-00 Water Quality Test/Monitoring Rincon Consultants, Inc Civic Center Water Quality Monitoring - Jan '24 71783 18,524.55 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 32 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3010 18,524.55
Section 2:3010
515-3010-5721-00 Telephone Badger Meter, Inc. Meter Monitoring - Dec '23 71664 40.04 Vendor Subtotal for Section 2:3010 40.04
Section 2:3010
515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 1/8 - 2/7/24 71682 374.74 515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 12/8/23 - 1/7/24 71682 369.70 515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 1/4 - 2/3/24 71682 164.57 Vendor Subtotal for Section 2:3010 909.01
Section 2:3010
515-3010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - CCWTF 11/7/23 - 1/4/24 Acct#29153030 71701 469.35 Vendor Subtotal for Section 2:3010 469.35
Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - CCWTF - Jan '24 71684 223.56 Vendor Subtotal for Section 2:3010 223.56
Section 2:3010
515-3010-6161-00 Chemical Supplies Integrated Performance Consultants Inc Chemical Supplies - CCWWTF - Dec '23 71692 1,846.94 Vendor Subtotal for Section 2:3010 1,846.94
Subtotal for Section 1: 515 130,906.27
Section 1: 601
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash City Vehicles 2/15/24 71772 350.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 33 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3005 350.00
Section 2:3005
601-3005-6500-00 Motor Fuels U.S. Bank PW-9093 Shell - Fleet Fuel 71654 138.32 601-3005-6500-00 Motor Fuels U.S. Bank CS-2481 Exxon Mobil - Fleet Fuel 71654 242.58 601-3005-6500-00 Motor Fuels U.S. Bank PW-8679 Shell - Fleet Fuel 71654 77.00 Vendor Subtotal for Section 2:3005 457.90
Subtotal for Section 1: 601 807.90
Section 1: 602
Section 2:7060
602-7060-4203-00 Vision Insurance Blue Shield of California PR 15.02.2024 Vision Care-Relecker-Mar'24 71798 9.45 Vendor Subtotal for Section 2:7060 9.45
Section 2:7060
602-7060-5100-00 Professional Services SDI Presence, LLC IT Strategic Plan - Jan '24 71784 22,042.50 Vendor Subtotal for Section 2:7060 22,042.50
Section 2:7060
602-7060-5300-00 Travel and Training U.S. Bank IS-5921 LinkedIn - IT Learning Subscription 71654 299.88 Vendor Subtotal for Section 2:7060 299.88
Section 2:7060
602-7060-5630-00 Computer Maintenance U.S. Bank IS-5921 Computer Maint 71654 288.25 Vendor Subtotal for Section 2:7060 288.25
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc Phone - City Hall Fac Internet - Feb '24 71682 861.31 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 34 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount 602-7060-5721-00 Telephone Frontier California Inc City Hall Internet 1/28 - 2/27/24 71682 440.98 Vendor Subtotal for Section 2:7060 1,302.29
Section 2:7060
602-7060-5721-00 Telephone Charter Communications Holdings, LLC City Hall Internet - Feb '24 71785 209.98 Vendor Subtotal for Section 2:7060 209.98
Section 2:7060
602-7060-6120-00 Computer Software U.S. Bank IS-4175 Computer Software 71654 10,352.81 602-7060-6120-00 Computer Software U.S. Bank IS-5921 Computer Software 71654 176.40 Vendor Subtotal for Section 2:7060 10,529.21
Section 2:7060
602-7060-6160-00 Operating Supplies U.S. Bank CS-7433 Best Buy - Work Phone Case 71654 77.20 Vendor Subtotal for Section 2:7060 77.20
Section 2:7060
602-7060-7400-00 Computer Equipment U.S. Bank IS-5921 Lenovo - Computer Equipment 71654 1,952.20 602-7060-7400-00 Computer Equipment U.S. Bank IS-4175 Computer Equipment 71654 5,261.96 Vendor Subtotal for Section 2:7060 7,214.16
Section 2:7060
602-7060-7400-00 Computer Equipment Flexential Colorado Corp Server Colocation - Feb '24 71794 1,021.20 Vendor Subtotal for Section 2:7060 1,021.20
Subtotal for Section 1: 602 42,994.12
Section 1: 710
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Faizan Bazmee Ref- F. Bazmee, Film Rental Deposit 10/20/23 71665 50.00 AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 35 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 50.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Natalie Massie Ref- N. Massie, Parking Rental Deposit 71712 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Oluwateniola Oduntan Ref- O. Oduntan, Film Rental Deposit 10/7/23 71719 50.00 Vendor Subtotal for Section 2:0000 50.00
Section 2:0000
710-0000-2270-44 Library Event 13 Stars Media Ad- MLSS Clare Frank 2/1/24 71741 268.00 Vendor Subtotal for Section 2:0000 268.00
Section 2:0000
710-0000-2270-51 Land Development Survey Review Mark Magidson Ref- Remaining Fees CDP 19-048, 30822 Broad Beach Rd 71707 1,957.50 Vendor Subtotal for Section 2:0000 1,957.50
Section 2:0000
710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 28128 Pacific Coast Hwy - Dec '23 71716 1,600.29 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 33610 Pacific Coast Hwy - Dec '23 71716 265.00 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 27242 Pacific Coast Hwy - Dec '23 71716 1,192.50 Vendor Subtotal for Section 2:0000 3,057.79
Section 2:0000
710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Jul '23 71764 492.00 710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Nov '23 71764 96.00 710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Dec '23 71764 67.00 Vendor Subtotal for Section 2:0000 655.00
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 36 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 710 6,288.29
Section 1: 900
Section 2:0000
900-0000-2023-00 Vision Insurance Blue Shield of California PR Batch 70015.02.2024 Vision Care 71798 1,443.66 Vendor Subtotal for Section 2:0000 1,443.66
Section 2:0000
900-0000-2024-00 Dental Insurance Delta Dental of California PR Batch 70015.02.2024 Dental Insurance 71800 8,267.94 Vendor Subtotal for Section 2:0000 8,267.94
Section 2:0000
900-0000-2025-01 Additional Life Insurance Standard Insurance Company N2 PR Batch 70015.02.2024 Additional Life Insurance 71804 355.28 Vendor Subtotal for Section 2:0000 355.28
Section 2:0000
900-0000-2027-00 Employee Assistance Health and Human Resource Center Inc PR Batch 70015.02.2024 Employee Assistance 71797 118.15 Vendor Subtotal for Section 2:0000 118.15
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70015.02.2024 PARS - ER Share 71805 261.13 900-0000-2041-00 PARS U.S. Bank PR Batch 70015.02.2024 PARS - EE Share 71805 1,245.37 Vendor Subtotal for Section 2:0000 1,506.50
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70015.02.2024 ICMA Def Comp - Flat Amount 71801 12,075.39 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70015.02.2024 ICMA Def Comp - % of Salary 71801 1,191.71 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70015.02.2024 ER Contribution to ICMA 71801 3,100.00 Vendor Subtotal for Section 2:0000 16,367.10
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 37 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5 Account Number Description Vendor Description Check No Amount Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70015.02.2024 ICMA Loan Program 71801 774.99 Vendor Subtotal for Section 2:0000 774.99
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70015.02.2024 ICMA - City Manager 71802 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 70015.02.2024 ICMA - Dept Heads 71803 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 70015.02.2024 Income Withholding Order-Calif 71799 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 30,773.31
Report Total: 924,182.86
AP-Transactions by Account (02/28/2024 - 7:52 AM) Page 38 DocuSign Envelope ID: 109F2A92-00AD-46B1-A8F3-2CF51178E2E5
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: February 28, 2024 Meeting date: March 11, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the September 25, 2023 Malibu City Council Regular meeting, September 27, 2023 Malibu City Council Special meeting, and October 9, 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 September 25, 2023, September 27, 2023, and October 9, 2023.
ATTACHMENTS:
September 25, 2023 Regular meeting
September 27, 2023 Special meeting
October 9, 2023 Regular meeting
City Council Meeting
03-11-24
Item
3.B.3.
1 Attachment #1
MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
SEPTEMBER 25, 2023
COUNCIL CHAMBERS
6:30 P.M.
The following meeting was held pursuant to AB 361 and teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.
MEETING CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:30 p.m.
ROLL CALL
The following persons were recorded in attendance 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; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Jason Lawrence, Deputy City Clerk; and Christina Muñoz, Deputy City Clerk
PLEDGE OF ALLEGIANCE
Jefferson Wagner led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on September 15, 2023, with the amended agenda posted on September 21, 2023.
APPROVAL OF AGENDA
MOTION Councilmember Stewart moved, and Mayor Pro Tem Uhring seconded a motion to approve the agenda, hearing Item No. 6.B. after the consent calendar, continuing Item No. 7.A. to the October 9, 2023 meeting, and adjourn in memory of Los Angeles County Sheriff Deputy Ryan Clinkunbroomer. The question was called, and the motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation on First Responder Readiness for Fire Season Battalion Chief Joshua Binder, Los Angeles County Fire Department, and Captain 2 Malibu City Council
Minutes of September 25, 2023
_________________________
Jennifer Seetoo, Los Angeles County Sheriff’s Department, provided a presentation on First Responder Readiness for Fire Season.
B. City Council Reorganization
Mayor Silverstein opened the floor public comment.
Speakers: John Mazza and Pamela Conly Ulich
1. Presentations to Outgoing Mayor
Mayor Pro Tem Uhring presented a Wave award to Mayor Silverstein for outstanding service and dedication as the mayor of the City of Malibu from 2022 to 2023.
2. Remarks by Outgoing Mayor
Mayor Silverstein stated that it was a sincere honor and pleasure to serve as mayor for the past nine and a half months and he would be pleased to turn over the reins to the new mayor.
3. Election of Mayor
Mayor Silverstein opened the floor to nominations for Mayor.
MOTION Mayor Silverstein nominated Mayor Pro Tem Uhring for Mayor.
Mayor Silverstein closed the floor to nominations for Mayor.
The question was called, and the motion carried unanimously.
The meeting was turned over to newly elected Mayor Uhring.
4. Election of Mayor Pro Tem
Mayor Uhring opened the floor to nominations for Mayor Pro Tem.
MOTION Councilmember Grisanti moved, and Mayor Uhring seconded a motion to nominate Councilmember Stewart for Mayor Pro Tem.
Mayor Uhring closed the floor to nominations for Mayor Pro Tem.
The question was called and the motion carried unanimously.
5. Administration of Oath of Office to Newly Elected Mayor and Mayor Pro Tem
3 Malibu City Council
Minutes of September 25, 2023
_________________________
Marcia Uhring administered the Oath of Office to newly elected Mayor Uhring.
Sharon Stewart administered the Oath of Office to newly elected Mayor Pro Tem Stewart.
6. Remarks by Newly Elected Mayor
Mayor Uhring commented that upon moving to Malibu more than 30 years prior, long-time resident Ozzie Silna introduced him to the General Plan, Mission, and Vision Statements. He expressed appreciation for the late Mr.
Silna and stated that he tried to follow the tradition set forth by him. He stated that it was with a profound sense of responsibility that he accepted the honor and privilege to serve as mayor. He expressed gratitude to his wife, fellow City Councilmembers, and the people of Malibu for placing their trust in him. He stated that he was a firm believer of Malibu’s General Plan, Mission, and Vision Statements and that he would continue to fight to follow that plan, as he had for over 30 years. He stated that he would endeavor to work collaboratively with his fellow Councilmembers and the community to ensure a bright and sustainable future for the city. He recognized the hard work and dedication of City employees. He thanked Malibu again for the incredible honor, and suggested that they embarked on this journey together, for a brighter and more prosperous future for the city.
ITEM 2.A. PUBLIC COMMENTS
Tim Pera, MRCA, provided the monthly ranger activity report. He reported additional rangers addressed the high volume of visitors to their parks on weekends.
He reported 13 administrative citations were issued at La Chuza Beach for dogs on the beach and possession of alcohol and three issued at Escondido Canyon Trail for illegal off trail use and for dogs off leash. He reported continuous patrols for illegal parking and directed patrols were implemented to prevent injuries in the back country. He stated that no homeless encampments were observed at Bluffs Park or reported at any of their parks and no service calls were generated. He stated that approximately 308 parking citations were issued at the parks and beach accessways, and maintenance was conducted throughout the month.
Kevin Keegan, Parent Teacher Student Association (PTSA) for Malibu Middle and High School, discussed the importance of school safety and expressed concern that safety and security recommendations from the school safety assessment had not been made available. He discussed the history of the School Safety Ad Hoc Committee and the school safety assessment conducted by Guidepost Solutions. He stated that on May 22, 2023, the Malibu PTSA, their two elementary school Parent Teacher Associations (PTA), and School Leadership Council sent a joint letter to the City Council School Safety Ad Hoc Committee, requesting the consultant report be given priority attention over the summer.
4 Malibu City Council
Minutes of September 25, 2023
_________________________
Lloyd Ahern discussed insufficient lighting in the Council Chambers. He proposed having the equipment problems addressed by the qualified gaffers and riggers who were currently not working due to the Screen Actors Guild strike. He stated the sound system was not working at the previous Planning Commission meeting and one of the Commissioners was unable to participate, and had they been able to, the Triathlon time might not have had to be on that night’s Council agenda.
Jefferson Wagner discussed lighting in the Council Chambers and commented that the Mayor and Mayor Pro Tem being sworn in was not visible to viewers on Zoom.
He discussed fire preparedness, and stated the Topanga pumpkin tanks were part of the helicopter tour that Los Angeles County Supervisor Lindsey Horvath went on and suggested pumpkin tanks for either Latigo or Corral Canyon. He commented on the permit issued for an event held the prior week that affected many Malibu residents. He stated that when he was mayor, he was approached by organizers for an Yves Saint Laurent event and he informed them that they needed to contact California State Parks, Los Angeles County Department of Public Works, and Los Angeles County Department of Beaches and Harbors, which they failed to do. He stated that they instead contacted the City Manager, and a film permit was issued for the large event that impacted the entire neighborhood of Paradise Cove and Point Dume. He stated that a similar situation occurred the week prior near Latigo, he referenced an email he sent to the City on proper parking and mitigation of safety issues. He stated that a permit was properly obtained for a thank you event with 500 attendees for the Point Dume Bombers after the Woolsey Fire, and he displayed the permit.
Robin Corcoran discussed Neighborhood Watch on Point Dume and security concerns about three robberies that occurred in the past few weeks. She stated that the neighbors spoke to the Flock Security Cameras company with the intention of installing them at the entrance of the neighborhood. She requested the Council’s assistance with the easement to install the cameras on existing poles.
Ryan Embree stated that event permitting problems were a recurring issue that dated back to Nobu’s violation of the City issued joint parking agreement. He stated that a plan was developed with their attorneys, but solutions had not happened and discussed Nobu’s recent July fourth event. He commented on the antenna tower in the center of town and stated it was an enforcement problem. He commented on the Tesla dealership and motorcycle dealership in the City despite the City’s prohibition on automotive dealers. He commented on the Broad Beach wedding and the corporate event held next to the mayor’s house. He stated that he felt that City staff knew of the corporate nature of the event or that they were misled.
Jo Drummond congratulated Mayor Uhring and Mayor Pro Tem Stewart. She stated that accountability and efficiency were lacking in recent code enforcement policies.
She discussed a former City Council member built a second story on a house before permits were issued, a Broad Beach wedding that negotiated a $10,000 payment to the City, and the past weekend’s corporate event that was permitted as a baby 5 Malibu City Council
Minutes of September 25, 2023
_________________________
shower. She stated that those types of permits were prioritized over resident’s permits. She stated family businesses were forced out of City property and the Formula Retail Ordinance was not being enforced. She stated that more resources should be put toward additional Sheriff and CHP patrols on PCH and prioritization of school safety. She stated that the antenna pole in the Civic Center and Nobu parking difficulties needed to be addressed. She urged the Council to implement the efficiency recommendations from the Baker Tilley report. She encouraged the Council form an ad hoc committee to examine and correct codes that caused residents to unnecessarily go through lengthy Planning approvals.
Scott Dittrich thanked Councilmember Silverstein for his service and congratulated incoming Mayor Uhring and Mayor Pro Tem Stewart. He displayed a copy of the event permit that public speaker Mr. Wagner properly obtained. He stated that too many people were getting around obtaining proper permits. He encouraged the Council to abide by recommendations included in the Los Angeles County Fire Department and Sheriff Department presentation. He discussed the aerial tour of eastern Malibu and Topanga that Los Angeles County Supervisor Lindsey Horvath took. He suggested the use of goats for fire fuel load reduction and spoke in favor of underground utilities. He stated that he tried unsuccessfully since spring 2019 to get Las Flores Creek cleared of brush and it was multi-jurisdictional project. He stated that the communications tower in the Civic Center should be removed and small projects more easily permitted.
Burt Ross discussed Councilmember Silverstein’s recent social media posts regarding events, which stated that the City of Malibu continually placed celebrities and the wealthy over residents. He stated that it was unacceptable to make those claims without evidence. He discussed the affidavit Councilmember Silverstein prepared before taking office, that alleged corruption in the City. He stated the investigation into the affidavit ultimately concluded there was none and cost the taxpayers $100,000. He stated that the applicant for the recent special event was at fault and City staff acted on the misrepresentation. He suggested the Council consider increased penalties for applicants who falsified a permit application or exceeded its permitted use.
Remote caller discussed low-income housing. He discussed the Accessory Dwelling Units (ADU) and stated that the City of Malibu was incorporated for 32 years and there were no affordable housing options. He discussed the housing needs assessment required by the State. He stated that he had a right to live in Los Angeles County communities that were affluent. He discussed his interactions with City staff and notices he received. He stated that ADUs did not provide substantial housing. He discussed the Woolsey Fire. He stated that Section 8 recipients or those with a housing voucher should be able to move within the County system and live in a nicer community.
Lonnie Gordon thanked Councilmember Silverstein for his service as Mayor, and congratulated Mayor Uhring. She stated the party permit matter needed to be researched and investigated and appropriate action taken. She thanked the Council 6 Malibu City Council
Minutes of September 25, 2023
_________________________
for allowing remote meeting participation and stated that as a person with sensitivities to electromagnetic fields (EMF) and radio frequencies, she could not be in an area with many cell phones and WIFI. She stated that changes to the residential portion of the Wireless Local Coastal Program Amendment should be put on the Council’s agenda.
Bill Sampson thanked Councilmember Silverstein for his service as Mayor. He discussed unpermitted events that took place on at an STR on his street and a recent code enforcement violation he reported that concluded no wrongdoing. He suggested having code enforcement staff work on weekends.
Kraig Hill thanked Commissioner Silverstein for his work as Mayor and congratulated Mayor Uhring and Mayor Pro Tem Stewart. He discussed the Baker Tilly development services review that indicated the City’s clients were developers.
He stated the clients of the City included residents and the community. He discussed the permitting of recent events, including the commercial party in the residential neighborhood the past weekend, the Broad Beach wedding, multiple commercial parties in residential areas in Big Rock, the Triathlon where the 32-day noticing requirement was ignored, and Nobu’s 700 guest event. He stated that, in each case, there was an issue of the City’s discretion in interpreting the law. He stated that bending the rules for one party would lead to a precedent for future parties, that, if not accommodated, would potentially subject the City to legal action. He stated that when there was room for discretion in the code, decision makers should be mindful of the implications.
Simon James thanked the Councilmembers for their service. He stated that he and his family were residents of Malibu Park for 15 years. He inquired if there was an existing policy or process that sanctioned professionals such as permit expediters, party planners, architects, developers, and others, who repeatedly misled the City.
He stated that without sanctions, unethical professionals had no deterrent from repeatedly misrepresenting facts.
ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary discussed the Cornucopia Foundation Farmers’ Market item that would be considered by the Los Angeles County Board of Supervisors the following day. He reported that he attended the League of California Cities annual conference held in Sacramento. He stated that he met with California Strategies and staff from Townsend Public Affairs grant writing firm. He reported that Assembly Bill 1500 passed the legislature and would go to the Governor’s desk for signature and included an urgency provision that put the law into effect January 1, 2024 to prevent a lapse in the property tax exemption for properties impacted by the Woolsey Fire, effective for three years. He provided a report on COVID-19 in Los Angeles County and stated there were 475 new daily cases and approximately 600 hospitalizations and was of medium concern based on wastewater tracking. He stated existing antibodies were effective against the EG.5 variant, which comprised approximately 25 percent of current cases. He encouraged the public to consider 7 Malibu City Council
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getting the new vaccine that targeted the XBB 1.5 variant that was expected to be available by the end of the week. He stated that there could be a triple epidemic this fall and winter, with COVID-19, Respiratory Syncytial Virus, and Influenza. He discussed progress of Dark Sky Ordinance compliance for gas stations, shopping centers, and multi-family residential properties, and stated a full report was forthcoming. He reminded everybody that September was emergency preparedness month. He announced that a Legacy Park guided nature walk would be held on September 27, 2023, from 10:00 a.m. to 11:00 a.m. He stated that the new Poet Laureate Nathan Hassall would be announced on September 28, 2023, at City Hall.
He stated that the Trancas Canyon Park multipurpose fields were closed for annual maintenance through October 23, 2023. He apologized to the Council and public for the lighting issues in the Council Chambers and explained that the system upgrade project caused the system to be underpowered but would be corrected by their next meeting. He announced topics for the October 9, 2023 Council meeting included the Malibu High School and Middle School Local Coastal Plan Amendment, an update from Deputy City Attorney Christine Woods on school separation, and the continued public hearing for 6734 Zumirez Drive. He discussed the requirements for special event permits (SEP) and stated that he discussed with the City Attorney possible modifications for improvement of the City’s SEP application process.
In response to Councilmember Silverstein, City Manager McClary stated he would research the percentage of applications submitted the day prior to, and the day of, the event and provide a report.
In response to Mayor Pro Tem Stewart, City Manager McClary clarified an SEP and a temporary use permit (TUP) had different requirements. He stated that the permit in question was an SEP and clarified that TUPs applied to all nonresidentially zoned parcels and an SEP applied to residentially owned parcels.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, congratulated Mayor Uhring. He discussed vehicle burglaries and reminded residents and visitors to lock their vehicles and not leave valuables in their cars. He discussed an incident that occurred on September 16, 2023, where deputies responded to the 27200 block of PCH, with a report of an individual starting a fire in an area of heavy vegetation near a residence and the suspect was in custody for arson and recklessly causing a fire. He stated that during a patrol of the eastern border of Malibu, the special assignment deputies conducted a traffic stop and determined the driver had two outstanding warrants and the vehicle was stolen and he was arrested. He stated that the Sheriff Department was staffed and prepared for the upcoming triathlon.
ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended the interfaith breakfast hosted by Captain Jennifer Seetoo. He stated that they discussed using the network of churches and synagogues to provide another level of protection for emergencies.
He stated that he attended the League of California Cities Annual Conference in 8 Malibu City Council
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Sacramento the week prior and hoped interactions with members of the State legislature would lead to better outcomes in the future. He stated that he met with County Usage Director Helene Schneider, who was working on homelessness. He thanked Mr. Ahern for bringing attention to the dim lighting in the Council Chambers. He stated that he missed the opening of the Dick Van Dyke art exhibit at City Hall and encouraged the public to visit the gallery. He commented on the quality of the exhibits and thanked the Arts Commission.
Councilmember Riggins commented on preparations by the Sheriff’s Department and Fire Department for the upcoming fire season. She discussed the recent evacuation zone notification test for Point Dume and advised residents who were not alerted to sign up for emergency notifications. She stated that she attended the League of California Cities Annual Conference in Sacramento. She congratulated newly elected Mayor Uhring.
In response to Councilmember Riggins, Mr. Pera stated three MRCA rangers were typically assigned to the Malibu area and stated there were night and day patrols throughout the week.
Councilmember Silverstein thanked the public speakers and those who submitted written comments. He stated that he attended his last California Strategies meeting and that the new Mayor and Mayor Pro Tem would attend future meetings. He stated that he spent much time reviewing the appeal that was scheduled to be heard tonight night, but was continued. He stated that it was beneficial for the Council to have the communications received from the public about the ADU discussion from the prior meeting. In response to Mr. Keegan, he provided an update on school safety efforts. He stated that he and Councilmember Grisanti were appointed to the ad hoc committee promptly with the objective to have the assessment report before the 2022-23 school year began but it was delayed by the school district’s slow deliberate process. He stated that he received a draft report some time ago and people would be pleased with the good recommendations, but it should have been provided sooner. In response to Mr. Ross, he identified recipients of benefits or questionable discretionary decisions: POOSH, Yves Saint Laurent, Nobu, Steve Soboroff, and James Perse. He stated that there were billionaires and celebrities who lived on Point Dume who were identified to him by various residents, and those interested in more information could speak to him directly. He stated that there were numerous wealthy property owners that went before the Planning Commission and City Council routinely and more frequently for variances and questionable projects than average Malibu residents. He requested a consensus from Council to bring back an item to amend the SEP ordinance to have a reasonable noticing requirement that informed residents and provided them the opportunity to object.
Mayor Uhring indicated his support for Councilmember Silverstein’s recommendation.
Mayor Pro Tem Stewart commented that SEPs for private property were related to 9 Malibu City Council
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TUPs for commercial properties, and there should be consistency between the two.
He suggested the matters be brought back together. He commented on the inconsistencies with the TUP process as it pertained to the triathlon.
Interim City Attorney Rusin requested clarification if there was support for the Council to bring back an option to initiate a zoning text amendment for when the TUP ordinance comes before the Council.
Mayor Pro Tem Stewart stated that he preferred having both issues brought back together.
Councilmember Riggins recommended having the issue studied by the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES).
Mayor Uhring stated there were discrepancies between the processes TUPs and SEPs but making them consistent with each other shouldn’t be problematic and he would prefer having the matter addressed quickly without going through ZORACES.
Interim City Attorney Rusin stated that if the matter was brought back with the option for the Council to initiate the amendment, at that point it could be decided if it went straight to the Planning Commission or ZORACES.
In response to Mayor Uhring, Councilmember Riggins recommended caution when considering amendments. She stated that there were times where individuals proposed parties or other events that might be inconsistent with what residents wanted, but she also did not want residents to be unduly burdened when trying to permit their own small events
Commissioner Silverstein stated that he asked for consensus for an item to be brought back to decide whether an amendment should be proposed. He stated that they were not supposed to be engaged in discussion about the amendment. He stated he heard one second to his proposal from Mayor Uhring.
Councilmember Grisanti stated that when Item No. 6.B. was discussed, penalties for misrepresentation could be discussed and they would get a good sense of whether SEPs and TUPs should be considered together.
Councilmember Silverstein stated that there would be discussion on the matter during Item No. 6.B. He stated that he would talk at length about the weekend event, which was a cautionary tale as to why Item No. 6.B. made sense. He stated that Item No. 6.B. had to do with what the rule should be, for which there would then be enforcement. He stated that his proposed item would establish a rule.
Councilmember Grisanti stated that when a person applied for a permit or did not, and then held an event that was larger than was permitted, or permittable, or violated their conditional use permit (CUP), that it was appropriate for a much more 10 Malibu City Council
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serious set of consequences than currently existed.
Councilmember Silverstein clarified that what he proposed had nothing to do with enforcement. He stated that the current rule, was that there was no pre-notice requirement for getting an SEP. He stated an applicant could go into the City the day prior or the day of the event, and it could be granted that day. He stated, by contrast, a TUP required substantial advance notice so that the public might object, a considered decision made, and proper safety protocols put into place. He stated all those elements needed to be established. He stated what he was specifically talking about was coming back for a decision on whether to amend the provision to impose certain noticing requirements. He stated that Item No. 6.B. was addressing penalties for violations.
Mayor Pro Tem Stewart recommended TUP and SEP regulations be brought back together. He indicated agreement with Commissioner Riggins’ suggestion for the matter to be addressed in a ZORACES meeting. He stated that he understood from Interim City Attorney Rusin, that they either assigned it back to Council, the Planning Commission, or ZORACES.
In response to the Mayor Pro Tem Stewart, Interim City Attorney Rusin stated that he thought what he was suggesting was to have an item brought back initiating a zone text amendment (ZTA), to address the notice provisions of the SEP ordinance, while the TUP ordinance was brought forward for consideration by the Council. He stated that at that point, it could be decided by Council whether to initiate that ZTA, and if it was wanted for the ZTA to go to ZORACES or go straight to the Planning Commission. He stated that he believed he wanted to bring that item forward at the same time as the TUP ordinance.
Mayor Pro Tem Stewart stated that was correct and there was cleanup that needed to be done both code sections, and his recommendation was for it to be done all at one time.
Councilmember Silverstein stated that he respected everyone’s position, and that he believed he was in the minority and that it would not come back the way that he and Mayor Uhring proposed. He stated that he would have much more to say about the POOSH matter when Item No. 6.B. was heard.
Mayor Pro Tem Stewart commented on the tremendous loss of Los Angeles County Sheriff Deputy Ryan Clinkunbroomer from the Palmdale station. He stated that the Sheriff Department and the Volunteers on Patrol (VOP), protected and served the community every day. He reported that he attended the PCH task force meeting and discussed jurisdiction of the Zuma Beach underpass and stated that it was not the City’s, was on Beaches and Harbors’ land, with Caltrans access, and the U.S.
Department of Wildlife Fish and Game said there were tidewater gobies in the water flooding the underpass. He stated that the City of Malibu was not mentioned except to say they were concerned about the safety aspects of cars entering and leaving PCH and the effect it had on the City. He stated that if the City had more control 11 Malibu City Council
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they would probably have a better solution for the triathlon. He reported that he attended a Las Virgenes-Malibu Council of Governments (COG) meeting. He spoke highly of the Library Speaker Series and stated that the Beatles’ Sgt. Pepper’s Lonely Hearts Club Band event was well attended. He stated that SEP, TUP, and STR issuance problems needed to be addressed and emphasized the importance of enforcement in obtaining compliance. He stated that there would be a Special City Council meeting on September 27, 2023 to adopt the FY 2023-24 Work Plan. He addressed the rise in negative comments about permits and code enforcement and emphasized that the facts needed to be established before going public with onesided reports and rumors. He stated that the City staff had a side to the story that needed to be heard and respected for their efforts. He likened the Council’s role to that of a board of directors, to give a policy and oversee and support the citizens.
He acknowledged the press that were present at the meeting. He referred to the City Council’s Rules of Procedure and Decorum. He read the introductory paragraph that pertained to members of the City Council conducting themselves in an orderly and businesslike manner to ensure the business of the City would be attended to, efficiently and thoroughly. He stated that they needed to be careful to protect the image of the City. He stated that the Council did a good job and thanked former Mayor Silverstein and stated that they had a great transition from the prior City Council, worked well together, with a lot of respect, on many different ideas, but were able to get things done.
Mayor Uhring thanked the public speakers and stated that there was much to be done by the Council. He stated that a noticing requirement for SEPs made sense and benefitted residents by being informed, but he wished it was a simpler process.
He stated that the upcoming Special City Council meeting on September 27 to adopt the FY 23-24 Work Plan was a start at the development of a process to ensure progress was made on the City’s projects. He thanked City staff for their work on the Library Speakers Series, and stated it was fun and informative and encouraged community participation. He acknowledged McDermott Plumbing’s contributions to the community since 1970 and stated that they sold their business and retired. He requested consensus for the Council to commemorate their 50 years in the community.
CONSENSUS
By consensus, the Council directed staff to schedule commendations for Pat and Jim McDermott in recognition of their retirement.
Mayor Uhring stated that there were reports that the hardware store on Cross Creek Road was asked to leave. He stated that he did not want to live in a city without a hardware store and requested anyone with information on the matter to provide him with an update. He discussed a letter the City received from Ann Ravel, the former Chair of the Fair Political Practices Commission (FPPC), that raised questions about how Commissioners and Councilmembers were selected and the conflict of interest rules. The letter raised concerns that some of the things that the City was doing were not in line with the conflict of interest rules.
Interim City Attorney Rusin cautioned Mayor Uhring about disclosing any 12 Malibu City Council
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attorney-client privileged communication.
Mayor Uhring stated that he understood and would like to have this issue scheduled during open session at a future meeting. He stated that discussion should take place before any response letters were sent out. He stated that the matter would be reported in the Los Angeles Times newspaper.
Mayor Pro Tem Stewart stated that he was not sure that they were ready to have that conversation at the Council level. He stated that if this was baseless, time should not be spent commenting. He stated if there were valid points, they relied on the City Attorney to prepare a response letter, and once they saw it, they would have more guidance.
Mayor Uhring stated that he did not have a problem with the City Attorney providing the Council comments, but the author of the letter had good credentials in terms of understanding the law and how it should be applied. He stated that by not taking the letter seriously, the City would look bad.
Councilmember Silverstein stated that if he understood correctly, what Mayor Uhring proposed was that before the City provided a formal response, the City Council should have an opportunity to be educated by the City’s attorney, and agree or disagree with the position that the staff proposed to take before it was taken. He indicated support for Mayor Uhring’s recommendation. He stated that when he ran for City Council, part of his platform was that the City had not had an attorney on the Council for over a decade and there were times the City Attorney’s advice needed to be challenged. He stated that he was not saying this was one of them, but it could be, and indicated support for a City Council discussion in closed or open session.
Councilmember Grisanti stated that he would be okay with that if it were discussed in closed session. He stated that he read the letter and he was not comfortable with the tenor of the letter.
Mayor Uhring stated that he had a slightly different take.
Councilmember Riggins stated that as seasoned and respected the letter writer was, at the time she was a private citizen, the City had not received notification from the FPPC, and there was no evidence that any improprieties had occurred.
Mayor Uhring stated that his information indicated that the author of the letter would file an FPPC complaint.
Councilmember Grisanti stated, if she did so she may provide some evidence.
Councilmember Silverstein confirmed with Interim City Attorney Rusin that the letter was a public record. He stated that there were many mischaracterizations about the content of that letter. He stated that it was not an issue of a lack of 13 Malibu City Council
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evidence in that letter, the letter stated a legal proposition and had nothing to do with proving anything. He stated that it would be wise for people to obtain and read the letter and form their own opinions. He stated that he joined Mayor Uhring in believing that before the City formulated a position, the Council should consider that position.
Mayor Pro Tem Stewart stated that he was not advocating to not address the letter, but he understood it was addressed only to the City Attorney and City Manager. He stated that it would be appropriate for the Council to see the proposal, the response, and what the facts were. He clarified that he wanted to see the letter before deciding if it should be addressed in public, if it could be done in closed session, if they were going to be sued, or if the letter’s author had a basis for going to the FPPC. He stated that they may want to see if the FPPC even wanted to investigate it.
Councilmember Riggins stated that the theoretical discussion was conducted without any evidence of Councilmember or Commissioner wrongdoing. She stated that she thought what they said was to let the City Attorney advise them on their position, and if something went forward to the FPPC and they made a determination, the position could be reviewed. She stated that they were going forward with the presumption of guilt.
Mayor Uhring stated that he had taken numerous ethics courses, and all made a major point about perception. He stated that it might be right, but if it looked wrong, it sent a message to residents that there might not be as much transparency as there should be.
In response to Mayor Uhring, Mayor Pro Tem Stewart stated that he wanted to see the letter.
Interim City Attorney Rusin clarified that a discussion on the matter could not take place, because it was not on the meeting agenda and the Council needed to decide whether they wanted to place the item on a future agenda.
In response to Mayor Uhring, Interim City Attorney Rusin stated that action could not be taken on any item not on the meeting agenda, but staff would consider if there was an item coming back whether to send out any further response.
In response to Mayor Uhring, Interim City Attorney Rusin stated that the Council should adhere to the agenda, and if they wanted an item brought back for discussion of the Revel letter, that could be done.
Councilmember Silverstein stated that he understood Mayor Uhring’s proposal was for an item to be brought back before a letter went out on behalf of the City. He stated that he supported having that item come back. He stated that technically, the letter could be sent out before the Council voted on it, but he thought that would not occur. He stated that he understood that was his proposal, he heard from other Councilmembers that they agreed that it should be seen by them before a decision 14 Malibu City Council
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was made, but he was not hearing agreement to have an item brough back that required the Council review the City’s position.
Councilmember Grisanti stated that he favored a discussion about it in a closed session.
Councilmember Silverstein stated that he supported that but did not know if the discussion could be held in closed session.
Councilmember Grisanti stated that he had not said that the conclusion would not be reportable, but he would like the discussion to take place in closed session.
In response to Councilmember Silverstein, Interim City Attorney Rusin stated that it appeared there was support for a discussion of the letter if aspects of it could be discussion in closed session, but if not appropriate in closed session, there was not support to put it in open session, and inquired if that was accurate.
Mayor Pro Tem Stewart stated that it was his preference for the discussion in closed session. He stated that he agreed with Councilmembers Grisanti and Riggins, that people were innocent until proven guilty and he wanted to see what the facts were.
Mayor Uhring stated that it sounded like what they wanted to do was bring it back, review the letter, and do it in closed session.
Interim City Attorney Rusin stated that he had direction from the Council that if there were aspects of this that could be discussed in closed session the item should be scheduled for a closed session, but there was not consensus to have an open session item to discuss the Ravel letter.
Councilmember Silverstein clarified the City Attorney’s comment and stated that if the City Attorney concluded that a closed session discussion was not appropriate the item would not be brought back and staff could respond to the letter without input from the City Council..
In response to Mayor Uhring, Interim City Attorney Rusin stated that there had not been any direction to bring the item back in open session, if there were aspects of it that could be brought in closed session, there was consensus to bring that, if there was not a way to bring back in closed session, then it would not be brought back to you, but the letter would be shared with the Council before it was sent out.
Councilmember Silverstein stated that the Council would not necessarily have the opportunity to discuss it and change the view that the City proposed to take.
Interim City Attorney Rusin stated that they could only bring an item in closed session if there was an appropriate topic for them to cover in closed session.
CONSENSUS
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By consensus, the Council directed staff to schedule a closed session to discuss the Ann Ravel letter, if appropriate.
ITEM 3 CONSENT CALENDAR
MOTION Mayor Uhring moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar. The question was called, and the motion carried unanimously, Councilmembers Riggins and Stewart abstaining from Item No.
3.B.3.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
1. Woolsey Fire Fee Waiver Program
Recommended Action: Adopt Resolution No. 23-40 superseding and replacing Resolution No. 21-62, directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence, and finding the action to be exempt from the California Environmental Quality Act.
B. New Items
1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 70226-70328 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 732 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,768,413.82. City of Malibu payroll check number 5371-5373 and ACH deposits were issued in the amount of $424,094.13.
3. Approval of Minutes
Recommended Action: Approve the minutes for the November 14, 2022 Malibu City Council Regular meeting, November 28, 2022 Malibu City Council Regular meeting, December 12, 2022 Malibu City Council Regular meeting.
4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 23- 14, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.
5. Amendment to Professional Services Agreement with CJ Biomonitoring, LLC for Biological Review Consulting Services
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with CJ Biomonitoring, LLC. extending the term of agreement.
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6. Professional Services Agreement with Rincon Consultants, Inc.
Recommended Action: Authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. in the amount of $197,493 to prepare the 2021-2029 Housing Element Update as needed to address State requirements.
7. Acceptance of Storm Drain Trash Screen Installation Phase II Project Recommended Action: 1) Accept the work performed by United Storm Water, Inc. for the Storm Drain Trash Screen Installation Phase II Project, Specification No. 2102 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.
8. Professional Services Agreement with Managed Career Solutions Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers (MCS) for the removal of non-native vegetation and thinning of native vegetation at Legacy Park.
9. Investment Report for the Month Ending August 31, 2023 Recommended Action: Receive the Investment Report for the month ending August 31, 2023.
10. Approve Amendment to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Provide for the Drafting and Filing of Comments Seeking to Reduce the Impact of Aviation Noise Generated from Changes to Los Angeles International Airport Flight Paths Recommended Action: Authorize the City Manager to execute a third amendment to the Agreement for Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. and direct Mr. Taber to prepare and file, in a form approved by the City Attorney and the City Manager, all necessary and appropriate public comment letters and/or related filings regarding the FAA’s ongoing Noise Policy Review, and the Environmental Assessment for the new flight procedures over Malibu that are proposed for the operations of Los Angeles International Airport, in order to reduce the impact of aviation noise on the City’s residents.
ITEM 6 NEW BUSINESS
B. Code Enforcement Ad Hoc Committee (Continued from September 11, 2023) Recommended Action: 1) Consider forming a Code Enforcement Ad Hoc Committee, and 2) Direct the Code Enforcement Ad Hoc Committee to work with the City Manager and City Attorney to review the City’s code enforcement fines and penalties and provide recommendations back to City Council.
City Manager McClary presented the staff report.
Mayor Uhring opened the floor to public comment.
Speakers: Janet Fulk, Scott Dittrich, Jo Drummond, Kevin Shenkman, Kraig Hill, Mary Phagan, Jessica Klein, phone user area code 323, George Lincoln Rockwell, 17 Malibu City Council
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Henrick Yagoda, Sadie Enwird, and Michael Hunt
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Silverstein moved to form a Code Enforcement Ad Hoc Committee.
The motion died on the floor due to lack of a second.
The Council discussed the item.
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to direct ZORACES to review the City’s code enforcement fines and penalties and provide recommendations back to City Council.
The Council discussed the motion and directed questions to staff.
The question was called and the motion carried 3-2, Councilmember Silverstein and Mayor Uhring opposed.
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to hear Item Nos. 4.B. and 6.A. after 10:30 p.m. The question was called, and the motion carried unanimously.
RECESS At 10:00 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 10:10 p.m. with all Councilmembers present.
ITEM 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 singlefamily residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner: IBN Properties, LLC) (Continued from September 11, 2023)
Recommended Action: Continue this item to the October 9, 2023 Regular City Council meeting.
This item was continued to the October 9, 2023 Regular City Council meeting upon approval of the agenda.
B. Appeal No. 23-007 - Appeal of the Planning Director’s denial of Temporary Use Permit No. 23-004 for the Malibu Triathlon (Location: Zuma Beach, 30050 Pacific Coast Highway, APN 4469-027-901, Owner: Los Angeles County, Applicant/Appellant: Super League Triathlon)
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Recommended Action: Adopt Resolution No. 23-46, denying Appeal No. 23-007, and denying Temporary Use Permit No. 23-004 for the Malibu Triathlon in the Public Open Space (OS) zoning district at 30050 Pacific Coast Highway (Los Angeles County).
Disclosures: Councilmembers Grisanti, Riggins, and Silverstein, Mayor Pro Tem Stewart, and Mayor Uhring
Planning Director Mollica presented the staff report.
Mayor Uhring opened the floor to public comment.
Speakers: Brennan Lindnor, Jeff Dritley, Chris Frost, Mike Tosch, David Albrecht, William Gelner, Coline Stephenson, Judy Villablanca, Jo Drummond, Steve Dark, Lloyd Ahern, Mary Kane, Danielle Borja, Steve Wiseman, Jeff Kletter, Pamela Conley Ulich, Lauren Cosentino, Michelle Nolen, Tara O’Reilly, David Weil, Jade, Rosa O’Reilly, Lara Weberling, Leonard Frank, Deb Carabet, June O’Tesser, Kai Cater, Robert J. Hansen, Jamie Francis, Howard Rudzki, Mary Phagan, and Sammy Thompson
Brad Hirsch was not available at the time of the hearing.
Brennan Lindner and Fred Gaines provided rebuttal.
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff and Mr. Lindner.
MOTION Mayor Silverstein moved, and Councilmember Riggins seconded a motion to continue Item No. 6.A. Outdoor Warning Sirens System to the October 9, 2023 Regular City Council meeting.
The Council discussed the motion.
The question was called, and the motion carried unanimously.
RECESS At 12:04 a.m., on September 26, 2023, Mayor Uhring recessed the meeting. The meeting resumed at 12:23 a.m. with all Councilmembers present.
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to adopt Resolution 23-46, as amended with findings to grant Appeal No. 23-007, and approve Temporary Use Permit No. 23-004 for the Malibu Triathlon in the Open Space (OS) zoning district at 30050 Pacific Coast Highway.
SECTION 3. Findings for Granting the Appeal.
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The appellant contends that several factors outside of their control forced a redesign of the intended routes for the event. The factors included severe flooding and the creation of an environmentally sensitive area around the Zuma Underpass which has impacted their ability to use the proposed racecourse. The racecourse had not been finalized before the deadline for the City to issue the 32-day public notice nor was it finalized prior to the 24-day deadline to render a decision, and therefore, the Planning Director denied TUP No. 23-004.
Based on evidence contained within the record, including the agenda report, the appeal, and the testimony provided at the hearing on September 25, 2023, and pursuant to the MMC, the City Council adopts the findings of fact, granting the appeal and finds that substantial evidence in the record supports approval of TUP No. 23-004. In addition, the analysis, findings of fact, as well as the testimony and materials considered by the City Council are incorporated herein as though fully set forth.
A. The City Council finds that notice was provided consistent with MMC
17.68.050, which requires a five-day public notice of the event. The applicant provided mailed written notice consistent with MMC section 17.68.050 on or about September 20, 2023. This event has also been consistently advertised and proposed for this date and this approximate location (the same general location it has been held in during this same period of time for many years). This event has received substantial attention from the public and the date and approximate location is well known to the community.
B. The City Council makes the findings for approval as more fully detailed in attachment A (permit).
The question was called, and the motion carried 4-0, Councilmember Silverstein abstaining.
ITEM 5 OLD BUSINESS
None.
ITEM 6 NEW BUSINESS (Continued)
A. Outdoor Warning Sirens System (Continued from September 11, 2023) Recommended Action: 1) Receive a presentation on outdoor warning sirens; and 2) Provide directions to staff regarding the implementation of an outdoor warning system.
This item was continued to the September 25, 2023 Regular City Council meeting.
ITEM 7 COUNCIL ITEMS
A. Council Appointment to the Planning Commission
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Recommended Action: Councilmember Stewart may make a new appointment to the Planning Commission.
This item was continued upon approval of the agenda.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 12:35 a.m., on January 26, 2023, in memory of Los Angeles County Sheriff Deputy Ryan Clinkunbroomer.
Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
21 Attachment #2
MINUTES
MALIBU CITY COUNCIL
SPECIAL MEETING
SEPTEMBER 27, 2023
COUNCIL CHAMBERS
6:00 P.M.
The following meeting was held pursuant to AB 361 and teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 6:00 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Rob Houston, Interim Deputy City Manager, and Jason Lawrence, Deputy City Clerk.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Stewart led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
Deputy City Clerk Lawrence reported that the agenda for the meeting was properly posted on September 21, 2023.
APPROVAL OF AGENDA
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.
PUBLIC COMMENT ON WORKSHOP
Mayor Uhring opened the floor to public comment. As there were no speakers present, he closed public comment.
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ITEM 1 NEW BUSINESS
A. Strategic Priority Project Update and Final Project List Approval Recommended Action: 1) Approve the Strategic Priority Project list for Fiscal Year (FY) 2023-24; and 2) Create a Malibu Culture Ad Hoc Committee to work with the Malibu Culture Priority Project team, and 3) Approve the recommended list of employee benefit items.
Steve McClary presented the staff report.
The Council discussed the matter and directed questions to staff.
MOTION Councilmember Silverstein moved to:
1) approve the Strategic Priority Project list for Fiscal Year (FY) 2023-24; 2) direct the City Council Policy Review Ad Hoc Committee to work with the Malibu Culture Priority Project team;
3) direct the City Manager to provide project updates every two months at City Council meetings;
4) direct staff to set the next Strategic Workshop for March 2024 to revisit and update the Priority List;
5) approve the recommended list of employee benefit items, directing staff to:
a) explore an alternate Planning Commission meeting day; b) examine options for an earlier start time for City Council meetings and rearrangement of the agenda order;
c) develop a plan for service coverage to support closure of City Hall during winter break at the end of December;
d) create a car stipend for staff unable to participate in hybrid remote workday option; and
e) add Juneteenth as an official City Holiday; and
FRIENDLY AMENDMENT
Councilmember Riggins seconded the motion and moved to amend the motion to direct staff to bring back an item for adoption of the Juneteenth holiday as soon as possible.
The amendment was accepted by the maker of the motion.
The question was called, and the amended motion carried unanimously.
ADJOURNMENT
At 7:31 p.m., Mayor Uhring moved, and Councilmember Riggins seconded a motion to adjourn the meeting. The motion carried unanimously.
Approved and adopted by the City Council of the
City of Malibu on __________.
23 Malibu City Council
Minutes of September 27, 2023
_________________________
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
24 Attachment #3
MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
OCTOBER 9, 2023
COUNCIL CHAMBERS
6:30 P.M.
The following meeting was held pursuant to AB 361 and teleconferenced from various locations during the coronavirus disease (COVID-19) pandemic.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 5:30 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
PUBLIC COMMENT ON CLOSED SESSION
Mayor Uhring opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 5:02 p.m., the Council recessed to Closed Session to discuss the following item listed on the Closed Session agenda:
Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):
1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD
REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:30 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
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ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Christina Wood, Deputy City Attorney; Christina Muñoz, Deputy City Clerk; Paolo Quinto, Environmental Health Administrator; Fletcher Allen, Assistant Planner; Raneika Brooks, Senior Planner; Tyler Eaton, Senior Planner; and Nadia Fahoum, Assistant Civil Engineer
PLEDGE OF ALLEGIANCE
Don Schmitz led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(1), with all Councilmembers present. He stated the Council discussed the item listed on the closed session agenda and took no reportable action.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on September 29, 2023, with the amended agenda posted on October 6, 2023.
APPROVAL OF AGENDA
MOTION Councilmember Silverstein moved, and Mayor Uhring seconded a motion to: 1) approve the agenda; 2) adjourn in support of the victims in Israel and Palestine; 3) hear Item No. 3.B.4. concurrently with Item No. 5.A.; and 4) hear Item Nos. 6.A. after the Consent Calendar.
FRIENDLY AMENDMENT
Councilmember Riggins moved to hear Item Nos. 5.A. and 6.B. after Item No. 6.A.
The amendment was accepted by the maker and the seconder of the motion.
The question was called, and the amended motion carried unanimously.
MOTION Councilmember Silverstein moved, and Mayor Uhring seconded a motion to continue Item No. 4.B. to the October 23, 2023 Regular meeting. The question was called, and the motion failed 2-3, Councilmembers Grisanti and Riggins and Mayor Pro Tem Stewart opposed.
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ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of City Tile to Fletcher Allen for Seven Years of Service to the City of Malibu
Mayor Uhring presented a City Tile to Fletcher Allen, Assistant Planner, for seven years of service to the City of Malibu.
Assistant Planner Allen thanked the Council for the recognition.
B. Update Regarding Separation from Santa Monica-Malibu Unified School District Deputy City Attorney Wood presented the update regarding separation from Santa Monica-Malibu Unified School District.
C. Presentation on Environmental Health Program Updates Environmental Sustainability Director Bundy and Environmental Health Administrator Quinto provided a presentation on Environmental Health Program updates.
ITEM 2.A. PUBLIC COMMENTS
Jill Hawkins discussed the importance of equal access to public education for unvaccinated individuals, vaccine status discrimination, and her concerns about vaccines.
Maggie Rooney deferred time to Ms. Drummond.
Ann Doneen deferred time to Ms. Drummond.
Jo Drummond commended Environmental Health Administrator Quinto for his assistance on her project. She discussed the Ann Ravel letter and requested Councilmembers Grisanti and Riggins remove their Planning Commissioner appointees, Dennis Robert Smith and Skylar Peak, in response to the letter. She discussed conflict of interest in the appointment of commissioners. She requested the matter be discussed at a public Special City Council meeting.
Steven deferred time to Mr. Hassemi.
David Hassemi discussed his house and trees his neighbor planted that obstructed his view of the city and ocean. He presented pictures of the view from his home and requested his view to be restored.
Jefferson Wagner discussed the Ann Ravel letter and the California Fair Political Practices Commission (FPPC). He discussed transparency and previous searches of his property when he was on the Council. He stated that he knew both Planning 27 Malibu City Council
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Commissioners referenced in the letter as respected members of the community but stated that the letter merited some consideration. He discussed his recusal from projects near his home when he served on the Council.
Kevin Shenkman discussed the Santa Monica California Voting Rights Act litigation. He discussed trustee area elections for the Santa Monica-Malibu Unified School District. He announced a rally would be held on October 10, 2023 at 5:00 p.m. outside of Santa Monica City Hall to convince their City Council to stop the expensive eight-year legal battle against voting rights.
Jake Lingo discussed coordination of field use at Bluffs Park by Malibu Little League and the American Youth Soccer Organization (AYSO) and conflicts with Major League Soccer’s youth program, MLS GO to the detriment of Little League and AYSO. He discussed the work and equipment provided by AYSO to maintain the fields. He requested that the City honor their decades-old tradition of hosting community-based sports leagues at Bluffs Park and not sacrifice precious field space for new organizations. He stated that he was working with City staff on allocation of field space.
Tim Ryan deferred time to Scott Schoenberger.
Scott Schoenberger discussed AYSO and stated that he was with the 59-year-old program for more than 20 years. He discussed the benefits of soccer on youth, the volunteers extensive training for safety, and equipment maintenance. He thanked the Council for their support.
Amor Magna discussed AYSO field space conflicts with MLS GO and read the response letter that was submitted to the City.
Lloyd Ahern discussed an appropriation item on the upcoming Administration and Finance Subcommittee meeting agenda. He discussed lighting issues in the Council Chambers and asked the subcommittee to put a caveat on funding that allowed additional funds to be made available for the project. He stated that the background for speakers at the podium needed to be changed to allow more visibility of speakers. He discussed better camera coverage for Council meetings.
Paul Bellman discussed AYSO history as a nationwide non-profit organization and their coordination with Malibu Little League.
John Alfano discussed Malibu Little League and thanked the City for their support and improvements to Bluffs Park. He spoke in support of AYSO and the parent and volunteer efforts and expense in field maintenance. He discussed field space coordination challenges.
Howard Rudzki discussed City staffing issues and challenges in employee retention which included inadequate staffing and excessive workload. 28 Malibu City Council
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Ryan Embree discussed potential solutions to tied votes at the Planning Commission. He recommended the Council appoint one or two alternate Planning Commissioners as other cities had to avoid disruption in the City’s business.
Matthew North discussed the important role of information in decision making.
Bill Sampson discussed the FPPC matter and stated that the presumption of innocence was a criminal law concept. He stated that he did not believe there was wrongdoing by the Planning Commissioners referenced in the Ann Ravel letter but that there should be recusals when there was even the appearance of conflict of interest.
Kraig Hill discussed permit review fees. He discussed conflict of interest in Planning Commission decisions and the Ann Ravel letter and stated that if the claims had merit, they should be addressed. He clarified that he had not called for the resignation of the Commissioners in question. He stated that those called to testify as witnesses for the FPPC were not necessarily the complainants. He stated that the Commissioners in question should recuse themselves during the FPPC inquiry and spoke in favor of appointment of temporary alternate Commissioners.
He clarified that he only voted to send the 6734 Zumirez appeal heard by the Planning Commission to City Council because he was advised by the City Attorney that it was required.
Alicia Peak thanked the Councilmembers for their service and commended Community Services staff for their work. She discussed controversies over use of the pool and City playing fields. She recommended the organizations in disagreement communicate and cooperate for the sake of the community. She stated that the conflicts highlighted that a new pool and more field space was needed.
Hovsep, Henry Himmel, Christopher Barry, Randy Fine, and Mary Phagan were not available at the time of the hearing.
ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary discussed the approval of Assembly Bill (AB) 1500 for the three-year extension of property tax exemptions for those affected by the 2018 Woolsey Fire. He reported that Deputy City Manager Brown met with Los Angeles County Supervisor Lindsey Horvath the past week to discuss issues that impacted Malibu. He reported that he attended last week’s Environmental Sustainability Subcommittee meeting where Dark Sky Ordinance compliance was discussed. He announced there was an Administration and Finance Subcommittee meeting scheduled for October 10, 2023, at 10:00 a.m. where the Trancas Park restoration project and allocation of funds for Council Chambers lighting and broadcast improvements would be discussed. He stated that the City submitted comments to the Federal Aviation Administration (FAA) on September 29, 2023, regarding their noise policy review and urged them to adopt rules that reduced noise caused by their Los Angeles International Airport aircraft route changes. He stated that a press 29 Malibu City Council
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release on the City’s six-month goals was in progress. He commended Public Safety Director Dueñas for her fire preparation presentation at the prior week’s Business Roundtable meeting. He announced the release of the request for proposals for the community outreach consultant for the City’s vacant property uses. He announced the screening of the Halloween animated classic the Addams Family at Bluffs Park would be held on Friday, October 13, 2023. He announced the Malibu Library Speaker Series would be held on Wednesday, October 18, 2023, at 7:00 p.m. at City Hall featuring author David Quammen. He announced the Environmental Sustainability Department would have an outreach booth at the October 15, 2023, farmers’ market. He reported the Woolsey Fire rebuild statistics to date: 272 building permits for single-family homes were issued, 143 single-family dwellings were complete, 18 multi-family building permits were issued, and 12 multi-family building units were complete. He stated that a detailed report was forthcoming on the analysis of the issuance of the special event permit (SEP) for the September 22, 2023 event on Via Linda Street, and provided an update on the preliminary research. He provided statistics on SEP issuance since 2019 and stated there were 186 issued, with 10 of those submitted the day prior to the event.
Sergeant Soderlund, Los Angeles County Sheriff’s Department, provided the September 2023 crime statistics. He reported 352 part-one crimes year-to-date which demonstrated a 9.5 percent reduction from the 389 at the same time in 2022.
He reported an individual was arrested on Pacific Coast Highway (PCH) for assault and criminal threats. He reported an individual was arrested for theft and trespassing on Sweetwater Canyon Drive. He reported an individual was arrested for arson on PCH. He reported an individual was arrested for theft and vandalism on Civic Center Way. He reported there were seven burglaries and one theft from vehicles on PCH in the Malibu Lagoon and Surfrider Beach area. He reminded the public to lock their vehicles and secure their valuables. He reported the recent Malibu triathlon had no major issues. He provided an update on the incident that involved the body found in a barrel the Malibu Lagoon and stated their Homicide Bureau had made major progress in the case. He reported that there was a fatality on Malibu Canyon Road the night prior, where a driver hit a power pole at a high rate of speed. He discussed the zero-bail policy that started on October 1, 2023, and stated that only serious and violent felony offenders would be jailed, with others released onsite with a citation for a court appearance.
In response to Councilmember Silverstein, he stated that the assault, theft, trespassing, and arson arrests were of unhoused individuals. He stated that he did not have information on whether the body found in Malibu Lagoon was deceased in Malibu. He stated that if an individual committed a crime while out on zero-bail, whether they were taken into custody was dependent on the level of crime they committed, and the same policy would be applied despite it being a second offense.
City Manager McClary stated that a discussion item on the zero-bail policy would be on the next Regular Council meeting agenda.
In response to Councilmember Riggins, Sergeant Soderlund stated that Surfrider 30 Malibu City Council
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Beach, as a State Beach had their own signage, but there was the electronic board on Malibu Canyon Road and signage in other areas that reminded people to lock their vehicles and secure their valuables.
Councilmember Grisanti cautioned that vehicle doors could be opened without locating the key fob if it was hidden on the vehicle. He stated that the Las VirgenesMalibu Council of Governments (COG) had a meeting discussing the zero-bail policy.
Mayor Urhing commented on racing on PCH on Friday and Saturday nights and stated that speed cameras would be helpful in reducing incidents of speeding.
ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Silverstein thanked the public speakers and those who submitted written comments. He discussed the posted amended meeting agenda which removed the Closed Session item that addressed leasing at the Malibu Lumber Yard. He commented that Item No. 7.A. on the October 16, 2023 Planning Commission meeting agenda was a staff presentation on Formula Retail Ordinance clearance with a single-page agenda report that was inadequate for the Commissioners, City Council, and the public for discussion preparation. He stated that a written presentation provided in advance of the meeting was required for a recommendation of receive and file. He stated that a written presentation would be helpful when the Malibu Lumber Yard matter was brought back to the Council. He stated that he conducted his own analysis of the Formula Retail Ordinance application. He requested consensus on directing staff to table Item No. 7.A. on the October 26, 2023 Planning Commission meeting agenda and place a Formula Retail Ordinance discussion item on the City Council agenda.
The Council discussed the matter and directed questions to staff.
CONSENSUS
By consensus, the Council directed staff to bring back a report on Formula Retail Clearance.
Councilmember Silverstein discussed the FPPC complaint from Ann Ravel regarding Skylar Peak and Dennis Smith’s participation on the Planning Commission. He requested a Special meeting to discuss the complaint be scheduled for that week. He requested that Councilmembers Grisanti and Riggins recuse themselves prior to commencement of discussion on the matter as he had done during a previous unrelated matter.
In response to Councilmember Silverstein, Interim City Attorney Rusin provided clarification on recusal criteria.
Councilmember Grisanti thanked everyone who reminded them that it was election season.
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Councilmember Riggins discussed the complaint to the FPPC and their pending investigation and stated that it was going to have far-reaching applications if it were determined to be factual that a licensed contractor could not sit on a commission of a city where they resided.
Councilmember Silverstein commented on the Ann Ravel letter about conflict of interest. He provided a summary of discussions on the matter at previous Council and Planning Commission meetings and a chronology of events which he found questionable. He stated his reasons for asking for consensus on holding a Special public meeting no later than Thursday of that week.
Councilmember Grisanti explained the website Councilmember Silverstein referenced was outdated and from his time at Coldwell Banker. He stated that as a realtor, people sought his advice on projects, which was not atypical.
Mayor Uhring stated that they had a responsibility to the residents to appear ethical and transparent and that it was a serious complaint that deserved a serious response from the City and should not be ignored.
Mayor Pro Tem Stewart stated that the matter should be discussed in closed session as it was in alignment with Councilmember Silverstein’s assertion that the parties referenced in the letter should not speak publicly. He commented on the politicalization of the City Council and stated that they had worked well together for ten months. He thanked all parties involved in the triathlon and the money raised for the Children’s Hospital. He indicated agreement with Ms. Peak’s comments about community needs for a pool and playing fields and that cooperation was needed between conflicting parties in the meantime. He commented on the Ann Ravel letter and stated that he was the only Councilmember who was not a respondent or a witness and speculated that attorney Ms. Ravel was retained by an unnamed client. He requested that perspective be kept on the matter as they await action by the FPPC.
In response to Councilmember Silverstein, Interim City Attorney Rusin clarified the criteria for holding a closed session meeting.
Councilmember Silverstein discussed the two appeals he submitted to the California Coastal Commission (CCC) and stated that the complaints he filed were on his own behalf and not that of a client, and that could be the case for the Ann Ravel letter. He stated that the City Council needed to take charge of the City’s response, and if it was not in alignment with Council direction, he would respond himself.
Mayor Uhring stated that he did not know why he was called as a witness on the matter.
CONSENSUS
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By consensus, the Council directed staff to schedule a Special meeting by Thursday, October 12, 2023, to hold a Closed Session to discuss issues raised by the allegations in the FPPC complaint submitted by Ann Ravel.
Councilmember Grisanti reported that he recently had a conversation with Supervisor Horvath about a grant for remediation of beaches in Los Angeles County, half of which would benefit Malibu. He reported that he attended part of the Business Roundtable meeting.
Councilmember Riggins thanked the public speakers who commented on the field space shortage and commended the AYSO and Little League for their years of work in the community. She suggested groups new to Malibu research facilities, rules, and requirements and contact City staff at least three months in advance of the beginning of their planned activity. She thanked Assemblymember Jacqui Irwin and her team, City staff, and those who helped get AB 1500 passed. She stated that she attended the Environmental Sustainability Subcommittee meeting, and they reviewed Dark Sky Ordinance compliance. She encouraged residents to learn the requirements of the ordinance as it would be applied to residential properties soon.
She announced that the Environmental Review Board would be hearing the skate park project proposal on Wednesday, October 11, 2023. She encouraged the public to get involved in the process of exploring the use of the City’s vacant land. In response to Mr. Hassemi, she encouraged him to work with staff on view protection and the process in place.
Mayor Uhring thanked the public speakers. He encouraged AYSO and Little League to work with Community Services Director Riesgo about field space challenges. In response to Mr. Rudzki, he stated that he agreed that staff was overworked which was why they limited the strategic priority project list to 20 at the recent Special City Council meeting. He discussed the community’s perception of ethics, transparency, and fair treatment in favor of the rich and famous, and stated there were numerous actions by the City that support their concern. He discussed the Whole Foods shopping center that was based on a traffic study that indicated Malibu traffic had not increased in 25 years and the open space requirement being met by the construction of walls covered in foliage. He discussed recent special events and the lease arrangement at the Malibu Lumber Yard. He discussed the FPPC complaint and suggested cooperation and appropriate action be taken by the City.
ITEM 3 CONSENT CALENDAR
MOTION Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to approve the Consent Calendar, pulling Item No. 3.B.4 to be heard concurrently with Item No. 5.A. The question was called, and the motion carried unanimously.
The Consent Calendar consisted of the following items:
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A. Previously Discussed Items
None.
B. New Items
1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 70329-70478 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. 733 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $4,119,349.14. City of Malibu payroll check number 5374-5376 and ACH deposits were issued in the amount of $426,090.63.
3. Approval of Minutes
Recommended Action: Approve the minutes for the December 28, 2022 Malibu City Council Special meeting, and January 9, 2023 Malibu City Council Regular meeting.
5. Amendment to Professional Services Agreement with Newbury Park Tree Service, Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Newbury Park Tree Services, Inc. in the amount of $45,000 for a total not to exceed amount of $225,000 to extend the tree maintenance services for one year.
6. Amendment to Agreement for Annual Street Sweeping Services Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Agreement with Sweeping Corp of America for street sweeping services under the City’s Annual Street Sweeping Program.
7. Application for California State Department of Recycling and Resources Recovery (CalRecycle) Grant Programs
Recommended Action: Adopt Resolution No. 23-47 authorizing the submittal of application for the California State Department of Recycling and Resources Recovery (CalRecycle) Grant Programs and related authorizations.
8. Amendments to Agreements for Planning Contract Services Recommended Action: 1) Authorize the Mayor to execute Amendment No. 1 to Agreement with Joyce Parker-Bozylinski for planning contract services to allow for a one-year extension of the current existing agreement through December 13, 2024, and to update the rates for professional services as well as the total compensation; and 2) Authorize the Mayor to execute Amendment No. 1 to Agreement with JLee Engineering Inc. for planning contract services to allow for a one-year extension of the current existing agreement through October 11, 2024 and the total compensation.
ITEM 6 NEW BUSINESS
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A. Outdoor Warning Sirens System (Continued from September 25, 2023) Recommended Action: 1) Receive a presentation on outdoor warning sirens; and 2) Provide direction to staff regarding the implementation of an outdoor warning system.
Public Works Director DuBoux presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speakers: John Mazza, Jo Drummond, and Ryan Embree
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
MOTION Mayor Pro Tem Stewart moved, and Mayor Uhring seconded a motion to direct staff to pursue Alternative 4 – Indoor Notification Systems identified in the staff report. The question was called, and the motion carried unanimously.
MOTION Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to continue Item No. 4.B. to the October 23, 2023 Regular City Council meeting. The question was called and the motion carried unanimously.
RECESS At 9:45 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 9:58 p.m. with all Councilmembers present.
MOTION Mayor Uhring moved, and Councilmember Riggins seconded a motion to hear Item No. 4.A. next.
ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Consideration of Local Coastal Program Amendment No. 21-001, Malibu Middle and High School Campus Specific Plan, General Plan Map Amendment No. 21- 002, Zoning Text Amendment No. 22-002, and Zoning Map Amendment No. 22- 001 (Malibu Middle and High School Campus Specific Plan Overlay District) Recommended Action: 1) Adopt Resolution No. 23-48 amending the Local Coastal Program Amendment (LCPA) No. 21-002 specific to the Local Coastal Program (LCP) Land Use Plan (LUP) and corollary amendments to the Malibu Middle and High School (MMHS) Campus Specific Plan and General Plan Map Amendment (GPMA) No. 21-001, as adopted by Resolution No. 22-33 and pursuant to the conditional certification action taken by the California Coastal Commission (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 the California Environmental Quality Act required (CEQA; 2) After the City Attorney 35 Malibu City Council
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reads the title of the ordinance, introduce on first reading 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; 3) Direct staff to schedule a second reading and adoption of Ordinance No. 512 for the October 23, 2023 Regular City Council meeting; and 4) Direct staff to notify the CCC when the LCPA has been adopted.
Planning Director Mollica presented the staff report.
Mayor Uhring opened the floor to public comment.
Speakers: Jo Drummond (Ann Doneen deferred time to Ms. Drummond), Carl Randall, Stacy Rouse, and Karin Al-Harden
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
MOTION Mayor Pro Tem Stewart moved, and Mayor Uhring seconded a motion to: 1) Adopted Resolution No. 23-48 amending the Local Coastal Program Amendment (LCPA) No. 21-002 specific to the Local Coastal Program (LCP) Land Use Plan (LUP) and corollary amendments to the Malibu Middle and High School (MMHS) Campus Specific Plan and General Plan Map Amendment (GPMA) No. 21-001, as adopted by Resolution No. 22-33 and pursuant to the conditional certification action taken by the California Coastal Commission (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 the California Environmental Quality Act required (CEQA; 2) introduced on first reading Ordinance No. 512, as amended to correct Exhibits A and D, 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; 3) directed staff to schedule a second reading and adoption of Ordinance No. 512 for the October 23, 2023 Regular City Council.
Interim City Attorney Rusin read the title of the ordinance. 36 Malibu City Council
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The question was called, and the motion carried unanimously.
ITEM 3 CONSENT CALENDAR (Continued)
B. New Items
4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 23- 14, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.
Item No. 3.B.4. was heard concurrently with Item No. 5.A.
ITEM 5 OLD BUSINESS
A. Hybrid Meetings and AB 361
Recommended Action: 1) Receive an update on AB 361 and AB 2449; 2) Consider discontinuing or suspending hybrid meetings, rescinding or ceasing to make the AB 361 findings, and/or provide direction on how hybrid meetings will operate after January 1, 2024; and 3) Provide direction on the meeting format for Commission, Committee, and Board meetings, if appropriate.
City Clerk Pettijohn presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speaker: Kraig Hill
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to: 1) terminate the findings of AB 361; and 2) determine only permanent residents of Malibu may participate remotely.
The Council discussed the motion and directed questions to staff.
The motion was withdrawn.
MOTION Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to direct staff to bring back options for conducting hybrid public meetings that would provide some restriction for who could participate remotely, based around 37 Malibu City Council
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residency.
FRIENDLY AMENDMENT
Councilmember Silverstein moved to direct staff to bring back options for conducting hybrid public meetings that allowed, but reasonably limited, remote participation in certain circumstances.
The Council discussed the motion and directed questions to staff.
Councilmember Riggins withdrew her second.
Mayor Uhring seconded the motion.
The amendment was accepted by the maker and the seconder of the motion.
The question was called, and the amended motion carried 4-1, Councilmember Riggins opposed.
MOTION Councilmember Grisanti moved, and Councilmember Silverstein seconded a motion to reaffirm Resolution No. 23-14, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361. The question was called, and the motion carried unanimously.
MOTION Mayor Uhring moved, and Councilmember Riggins seconded a motion to hear Item No. 6.B. after 10:30 p.m.
The Council directed questions to staff.
The question was called and the motion carried unanimously.
ITEM 6 NEW BUSINESS (Continued)
B. Malibu Schools Centralized Fundraising & Athletics Pathway Recommended Action: Direct the Administration & Finance Subcommittee to review and provide recommendation to City Council concerning special funding request or Malibu Centralized Fundraising & Athletics Pathway Initiative.
The Council directed questions to staff.
City Manager McClary presented the staff report.
Mayor Uhring opened the floor to public comment.
Speakers: Stacy Rouse and Karin Al-Harden
John Mazza was not present at the time of the hearing.
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As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item.
MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to direct the Administration & Finance Subcommittee to review and provide recommendation to City Council concerning special funding request or Malibu Centralized Fundraising & Athletics Pathway Initiative. The question was called, and the motion carried unanimously.
ITEM 4 ORDINANCES AND PUBLIC HEARINGS (Continued)
B. Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing singlefamily residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner: IBN Properties, LLC) (Continued from September 25, 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).
This item was continued to the October 23, 2023 Regular City Council meeting.
ITEM 7 COUNCIL ITEMS
None.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 10:59 p.m. in support of the victims in Israel and Palestine.
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Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
40
Agenda Item # 3.B.4.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Approved by: Steve McClary, City Manager
Date prepared: February 26, 2024 Meeting date: March 11, 2024 Subject: SUPPORT (Horvath)– GenAI Solution for Traffic Mobility Insights for PCH
RECOMMENDED ACTION: Ratification of Action Taken - Authorize City Manager to sign onto Joint Letter authored by Supervisor Lindsey Horvath requesting Department of Transportation identify Pacific Coast Highway for GenAI Solution for Traffic Mobility Insights.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item was not included in the Adopted FY 2023-24 Strategic Priority Project List. At the Council’s direction, this project can be brought back at a future Strategic Planning meeting for prioritization.
DISCUSSION: California Department of Technology issued a Request for Innovative Ideas (RFI2) on behalf of the California Department of Transportation (Caltrans), to solicit generative artificial intelligence (GenAI) solutions for Caltrans to process and interpret diverse data to provide Traffic Mobility Insights. Caltrans is seeking to integrate GenAI to process and interpret this diverse data, aiming to improve traffic pattern analysis, address bottlenecks, and enhance overall traffic management. GenAI is expected to help in making informed decisions, optimizing infrastructure investments, and developing a resilient and sustainable transportation network. The objective of the project is to provide a GenAI tool designed to effectively interface with traffic operations datasets and facilitate auditing by Subject Matter Experts (SMEs), ensuring the accuracy and reliability of the system.
The deadline to submit proposals was on February 2, 2024. Caltrans has committed to embarking on a master plan for PCH from the Ventura County border to Santa Monica.
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Integrating AI into the master planning process could result in more innovative solutions based on large-scale data and reduce the amount of time for the planning process.
Recognizing the significance of timely action, the City Manager signed onto a joint letter at the request of the County Supervisor, to urge the Department of Transportation to consider PCH in Malibu as a prime location for the implementation of GenAI Solutions for traffic data collection.
The City Council is recommended to ratify the action taken by the City Manager to sign onto the joint letter with the County Supervisor.
ATTACHMENTS:
1. Joint Letter to Secretary Omishakin and Director Tavares 2 February 27, 2024
The Honorable Toks Omishakin
Secretary
California State Transportation Agency
400 Capitol Mall, Suite 2340
Sacramento, CA 95814
Mr. Tony Tavares
Director
California Department of Transportation
1120 N Street
Sacramento, CA 95814
RE: GenAI Solution for Traffic Mobility Insights for PCH Dear Secretary Omishakin and Director Tavares,
Thank you for your personal commitment to implementing effective safety improvements, supported by enhanced traffic enforcement, along the Pacific Coast Highway corridor in Los Angeles County with the important objective of saving the lives of pedestrians, cyclists, and vehicle drivers. When the crash that happened in October of last year that resulted in the loss of four young women, I made it clear that bringing substantial change to the PCH is a top priority for my office. For too long, the jurisdictional complexities of the highway have hampered our ability to make these critical improvements. I want to work collaboratively with all partners, particularly CalSTA and Caltrans, who play a central role in traffic safety along the corridor to ensure no further lives are lost on this important stretch of highway.
During both the development and implementation of a coordinated and unified set of actions to address the unsafe conditions in the corridor, the City of Malibu and I are requesting your consideration of a bold approach of building on a new and innovative initiative the state is pursuing. It is my understanding that Caltrans, in cooperation with the Department of General Services and Department of Technology, has issued a “Request for Innovative Ideas” for “Generative Artificial Intelligence (GenAI) Solution for Traffic Mobility Insights.” Based on your program schedule, “Innovative Concept Papers” 3 are due from proposers shortly. As the interdepartmental review of GenAI proposals are assessed, I respectfully request that you consider the PCH, from the Ventura County line to Santa Monica, as a corridor of opportunity for utilizing GenAI as an innovative concept and tool to provide forward thinking solutions that have the potential to save lives and improve future mobility throughout the region. Furthermore, as Caltrans looks to complete a comprehensive master plan for PCH, integrating AI and harnessing large-scale data into the planning process has the potential to transform the historic highway by increasing passenger safety, reducing traffic congestion, decreasing carbon emissions, and minimizing overall financial expenses.
As your GenAI “Problem Statement” concludes: “Managing the state’s expansive infrastructure presents multifaceted challenges, demanding innovative solutions beyond traditional methods.” I can’t think of a more important multifaceted challenge than creating new solutions for a corridor that has an unacceptable rate of traffic accidents and fatalities, and where over 15 million visitors travel every year.
Again, thank you very much for your leadership. I hope there will be an opportunity to further discuss this innovative concept with you and your staff. Please do not hesitate to contact my Community Services Deputy, Rachel Fox, who will be your primary point of contact. She can be reached at [email protected] or 213-974-3333.
Sincerely,
Lindsey P. Horvath Steve McClary
Los Angeles County Supervisor City Manager
Third District City of Malibu
cc. Mr. Mark Tollefson, California State Transportation Agency Ms. Lee Ann Eager, California Transportation Commission Mr. Carl Guardino, California Transportation Commission Ms. Hilary Norton, California Transportation Commission Ms. Gloria Roberts, District Director, Caltrans District 7 Attachment #1
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Agenda Item # 4.A.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Tyler Eaton, Senior Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: February 27, 2024 Meeting Date: March 11, 2024 Subject: Appeal No. 23-008 - Appeal of Planning Commission Resolution No. 23-52 (Skatepark at 24250 Pacific Coast Highway; Appellant, 600 Spring LLC) (Continued from February 26, 2024)
RECOMMENDED ACTION: Adopt Resolution No. 24-10 (Exhibit A), Certifying Addendum No. 3 to the Crummer Site Subdivision Final Environmental Impact Report, denying Appeal No. 23-008 and approving Coastal Development Permit (CDP) No. 23-001 for the construction of a 12,500 square foot in-ground permanent skatepark, 146 square foot twostall restroom building, 36 stall parking lot, two bioretention basins, landscaping, crosswalk over Winter Mesa Drive, various skating equipment, fencing, and benches located on Lot 7 of the Case (formally Crummer) property in the Planned Development and Public Open Space zoning districts located at 24250 Pacific Coast Highway (City of Malibu).
WORK PLAN: This item supports the Permanent Skate Park Design-Approval priority identified in the Adopted FY 2023-24 Strategic Priority Project List.
DISCUSSION: The matter is an appeal of the Planning Commission’s approval of CDP No. 23-001, an application to construct a new permanent skatepark at Bluffs Park (Exhibit C – Project Plans).
Background
On February 24, 2014, the City Council approved the Case project. Project approvals included CDP No. 07-144 and Vesting Tentative Map No. 07-033 to subdivide one lot into 7 lots, a Local Coastal Program Amendment (LCPA) No. 12-001 to correct an inconsistency between an LCP Land Use Policy (LUP) Policy and the zoning designation and incorporate the Planned Development zoning standards into the LCP and a corollary Zoning Text Amendment to update the Malibu Municipal Code (MMC). The project City Council Meeting
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included single-family residences on Lots 1 through 5; a private street, gatehouse, onsite wastewater treatment system (OWTS) package plant and open space area on Lot 6; and a recreational use on Lot 7.
The City Council certified the Final EIR for the Case project (State Clearing House (SCH) No. 2008091155) concurrently with the associated CDP project approvals. The EIR studied construction and development of the subdivision, including potential use of Lot 7 as ballfields or a skatepark. The Final EIR included a number of mitigation measures to address the potentially significant impacts that were identified. The EIR determined that with included mitigation measures, the project would not result in any significant environmental impacts.
On May 18, 2014, the Planning Commission approved CDPs on Lots 1 through 5 for the residences contingent upon approval of the LCPA by the California Coastal Commission (CCC). In 2015, the CCC approved the LCPA with modifications which were later accepted by the City of Malibu and finally certified.
In 2016, the Planning Commission approved CDP Amendment Nos. 15-008 through 15- 012 to amend the previously approved CDPs on Lots 1 through 5 in response to LCPA modifications made by the CCC in 2015. No changes were made to Lots 6 or 7. To update the Final EIR, the Commission considered Addendum No. 1 to the EIR, documenting that the changes would not create any new significant impacts or increase the severity of any impacts that were identified and that no new mitigation measures were available to further reduce impacts. In 2020, the City considered Addendum No. 2 as a result of the temporary skatepark improvements. Addendum No. 3 to the Case project is before the City Council for certification, which includes the permanent skatepark and associated parking improvements.
In 2020 and 2021, the City held Parks and Recreation Commission and Public Works Commission meetings in which the final design of the skatepark and the park’s amenities were contemplated and recommended for processing. The appellant, who represents the ownership for the neighboring Case development, attended the meetings held by the Parks and Recreation Commission and Public Works Commission where the design of the skatepark was being considered. It was the City’s understanding at that time that the appellant approved of the final design recommended by the Parks and Recreation Commission.
Between 2022 and 2023 the appellant began to express concern with the design to City staff. In response to the comments and concerns raised by the appellant, City staff met with them to hear their concerns and provide information addressing these concerns. The application for CDP No. 23-001 was filed on January 9, 2023.
On October 11, 2023, the Environmental Review Board (ERB) considered the Addendum, and recommendations were made by the ERB to the Planning Commission. The recommendations included the use of subsurface water retention tanks or reuse of the 2
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water collected in the proposed bioretention tanks for landscaping purposes. The proposed landscaping uses native trees and shrubs to help reduce use of potable water onsite. Additionally, the landscaping will be irrigated with reusable water to mitigate potable water impacts. A second recommendation was for the proposed fencing to be wildlife friendly. However, the fencing is being used to secure the lot from trespassers when the park is closed. Wildlife friendly fencing may pose safety risks for both wildlife and skaters who could trespass onto the lot after hours. If wildlife find their way onto the skatepark, they could become trapped in the skate bowl. The project site also does not provide a wildlife corridor as it is surrounded by the Case development which has a six-foot tall solid wall along its entire perimeter.
A third recommendation was made regarding potential noise impacts raised in comments from the appellant. The appellant submitted concerns regarding increased noise impacts based on the proposed design, specifically with the above ground features such as the ramps and rails (Exhibit D.8.). A 12,500 square foot skatepark was analyzed in the Final EIR as part of the Case project and it was determined that noise impacts would be less than significant because daytime noise would be dominated by traffic on nearby Pacific Coast Highway (PCH). At night, when traffic subsided, the park would be closed, eliminating noise impacts from the skatepark. Additionally, potential noise emissions were studied in the EIR and expected to be at a maximum of 64 decibels A (dBA) at 50 feet from the site. The closest residence in the Case development is approximately 100 feet away and is buffered by vegetation and site walls, which would make the impact even lower.
The subject application proposes a 12,500 square foot skatepark that is sited in the same area as was studied in the Final EIR. Addendum No. 3 to the Final EIR concluded that no new impacts are expected to be generated from the final skatepark design. The appellant disagreed with those conclusions but provided no new technical reports to support their conclusions. Nevertheless, to address this concern the City conducted an additional review of the noise impacts from a third-party sound engineer (Exhibit D.7.). The engineer concluded that the above-ground elements would not add any more noise impacts than were already analyzed in the Final EIR and that, as designed, the impacts would remain less than significant.
On November 30, 2023, the Planning Commission considered CDP No. 23-001. The appellant attended the meeting and expressed continued concerns over the project. All materials related to the meeting, including the appellant’s written correspondence, is included as Exhibit D.8. The Planning Commission approved CDP No. 23-001 without any modifications to the project. On December 11, 2023, the appellant submitted their appeal of Planning Commission Resolution No. 23-52 and the approval of CDP No. 23-001. 3
Agenda Item # 4.A.
APPEAL TO THE CITY COUNCIL
The appellant contends that the findings are not supported by the evidence, or the decision is not supported by the findings and that the decision is contrary to law. The appellant’s specific arguments are summarized below in italics using phrases taken from the appeal.
The full text of the appeal document can be found in Exhibit B. Following the appellant’s stated appeal argument items is a staff response. The Planning Commission agenda report, in which staff recommended approval of the project, is included as Exhibit D. The Planning Commission agenda report includes a complete overview of the surrounding area, project conformance with the LCP and Malibu Municipal Code (MMC), and a discussion of all findings required to approve the application. The adopted Planning Commission Resolution No. 23-52 approving the project is included as Exhibit E.
Appeal Item 1. The Planning Commission's approval of the CDP for the skatepark project approved pursuant to Resolution No. 23-52 (the "Proposed Project") violates the Local Implementation Plan ("LIP") of Malibu's Local Coastal Plan in the following respects; A.
LIP Section 3.3(Q)(4)(c)(i) specifically requires that "The facility [constructed on Lot 7) shall be designed to minimize noise, lighting impacts and disruption to the nearby residents."; B. LIP Section 3.3(Q)(4)(c)(ii) requires that "Adequate parking shall be provided to serve the proposed recreational uses." The Proposed Project fails to provide adequate parking; C. The Proposed Project's grading fails to comply _with LIP Section
8.3(A) ("Development shall be planned to fit the topography, soils, geology, hydrology and other conditions existing on the site so that grading is kept to an absolute minimum"); and Section 8.3E(1) ("Grading shall be designed to minimize the alteration of landforms by .. . [c]onforming to the natural topography."); and D. The Proposed Project's grading fails to comply with LIP Section 15.2(B)(S)(f), which requires "[m]inimizing grading and alteration of natural landforms, consistent with Chapter 8 of the Malibu LIP." Staff Response: The appellant further contends in subsection A of the above, that the eastern portion of the skatepark, which has a ramp feature extending 3.5 feet above the existing grade at the Case development property line, will cause significant noise and visual impacts to the neighbors within the Case development. They also contend that the proposed landscaping along the property line wall, a row of Coast Live Oak trees, is inadequate to provide the necessary visual privacy screening. Lastly, they contend that Planning Commission Resolution No. 23-52 fails to include reasonable conditions in regard to amplified sound, other noises, lighting, security, number of events, traffic circulation, and parking.
The ramp feature at the eastern edge of the project that extends 3.5 feet above existing grade is not anticipated to cause visual or noise impacts beyond what has been analyzed in the Final EIR and Addendum No. 3 specifically related to the construction of the proposed skatepark. Addendum No. 3, which analyzed the design of the proposed skatepark concluded that daytime noise would be dominated by traffic on PCH. The study also concluded that at night there would be no noise generated by the park because the 4
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park would be closed. Noise emissions were studied in the EIR and expected to be at a maximum of 64 dBA at 50 feet from the site. For reference, 60-70 dBA is considered the noise emitted from a normal conversation.1 The closest residence in the Case development is approximately 100 feet away from the edge of the proposed skatepark and the residence will be buffered by vegetation and site walls which will further lower and mitigate any impact. To address the appellant’s noise concerns prior to the hearing, the City conducted an additional review of the noise impacts through a third-party sound engineer (Exhibit D.7.). The engineer concluded that the above-ground elements would not add any more noise impacts than were already analyzed in the Final EIR and that, as designed, the impacts would remain less than significant.
The proposed row of Coast Live Oak trees was added to the project to provide a visual privacy buffer between the skatepark and the Case development. While the trees proposed to be installed will not be mature at the time of planting, they will provide substantial privacy screening at full maturity. Currently a six-foot wall exists along the border of the Case properties and the project site. LIP section 3.3(Q)(4)(c)(iii) does not provide a limit on fence height for a skatepark and therefore does not prohibit the City from installing a taller fence or larger trees along the shared property lines in the future.
However as previously mentioned, the proposed design vetted by the Parks and Recreation Commission and Public Works Commission was studied and determined to have less than significant impacts in regard to visual impacts and the row of Coast Live Oak trees should provide the necessary privacy buffer for the Case development over time.
Planning Commission Resolution No. 23-52, as well as City Council Resolution No. 24- 10, and current City ordinances provide conditions and ordinances relating to noise, lighting, security, number of events, traffic circulation, and parking. Conditions have been incorporated into the accompanying resolution that limit construction nuisances such as noise. All sounds generated by the use of the park will have to be in compliance with the City’s noise ordinance. Condition no. 15 of Council Resolution No. 24-10 limits lighting to only one light for the restroom that will be dark sky compliant. The purpose of the one light located on the proposed restroom is to comply with the State’s Building Code. Once construction is complete and the park is in operation, the park will be required to be operated in compliance with the approved plans and associated resolution which means that security fencing along the border of the park will be installed and the hours of operation will be from sunrise to sundown. Events will be limited to six per year by the City’s current Temporary Use Permit ordinance, which will require study of any impacts of such an Event and also requires a notice to be sent out to all parcels within 500 feet. Studies for traffic and parking were reviewed by the City’s Public Works department and deemed to meet the requirements of the City and did not show any significant impact. Additionally, a parking study was conducted which concluded that 36 spaces were sufficient to accommodate the skatepark use. The project proposes 36 spaces, consistent with the parking study.
1 Decibel (Loudness) Comparison Chart, National Hearing Conservation Association. 5
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Although grading requirements in Chapter 8 of the LIP set the standards for grading for development in the City, LIP Section 3.3(Q)(4)(c)(i) provides specific standards for grading associated with the proposed project. It provides that “Notwithstanding any other provision of this chapter, grading in all new parks shall be limited to not more than one thousand (1,000) cubic yards per acre, except that grading required for sports fields and skateparks designed to accommodate commonly accepted facility dimensions shall be exempt from these limitations.” Grading for the skatepark is exempt from the 1,000 cubic yard limit required in LIP Chapter 8 and qualifies as within the commonly accepted facility dimension for a skatepark. Additionally, the majority of the skatepark is underground with a few features such as ramps and rails that are above grade. The area of the appellant’s concern, the eastern edge of the skatepark, is 3.5 feet above the grade at the property line boundary but not higher than other features of the park such as the proposed restroom which is 12 feet in height. The appellant is also seeking to have the features sunk even lower into the ground—which would require even more grading.
Appeal Item 2. The Planning Commission's adoption of Addendum No. 3 in connection with approval of the Proposed Project violates the California Environmental Quality Act ("CEQA") for the following reasons; A. Addendum No. 3 is defective under CEQA because it fails to take into account the substantial changes made to the skatepark project described in the Final Environmental Impact Report for the Crummer Site Subdivision (SCH 2008091155) adopted by the City Council on February 24, 2014 (the "Final EIR"); B. Addendum No. 3 is defective under CEQA because it fails to recognize that substantial increases in the intensity of the use of Bluffs Park have occurred after the adoption of the Final EIR which constitute changes in circumstances and new information of substantial importance that will result in an increase in the severity of the environmental impacts analyzed in the Final EIR.
Staff Response: The appellant further contends in subsection A of the above, that the proposed project substantially raises the grade when the Final EIR did not account for a change in grade, that the design has also changed pushing the largest and highest portions of the skatepark to the eastern side nearest the Case development, that the drainage will compromise the existing walls along the border, and that the number of parking spaces analyzed in the Final EIR as opposed to Addendum No. 3 studied 54 additional spaces instead of the 36 parking spaces that were originally proposed.
The Final EIR certified by the City in 2014 analyzed potential uses for lot 7 of the Case development. Both a baseball field and skatepark were considered. The skatepark that was studied in the Final EIR was 12,500 square feet in size and comprised mostly of an underground bowl. The preliminary design has changed since 2014 as the result of public input. The Parks and Recreation Commission approved the current design in 2020 and the park’s amenities in 2021, after wide participation from both the public and community stakeholders including the appellant’s representatives. The project was also reviewed by the Public Works Commission in 2021, with participation from the appellant. The current design is the same size and is sited in the same location as the skatepark analyzed in the 6
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2014 Final EIR. There are elements of the park that extend above existing grade including ramps and rails but none will be taller than six feet above existing grade, an internal ramp feature centralized within the skatepark. The proposed skatepark is mostly underground or at grade with some pop outs for more experienced users. Addendum No. 3 of the Final EIR analyzed the proposed skatepark and the change in design to include the proposed above ground elements and it was determined that the design revisions did not create any additional significant impacts that were not otherwise studied in the 2014 Final EIR.
To meet the City’s stormwater requirements and collect runoff, the project was designed to direct drainage into two bioretention basins. The park’s drainage plan was designed in accordance with the City’s Public Works Department and meets the requirements of the LCP and MMC and will not have a significant impact on the environment. Runoff is not projected to compromise the wall along the Case development as the park has been designed to direct it towards the bioretention basins.
The parking studied in the 2014 Final EIR concluded that the 54 additional parking spaces proposed at the time were adequate to accommodate a baseball field use on lot 7. For the skatepark alternative, the Final EIR states the following, “The projected parking demand for the skatepark would be 10 vehicles, which is based on the assumption that up to 20 people would be using the skatepark at any given time and that the average vehicle occupancy would be two persons per vehicle. The parking demand for the skatepark alternative (10 vehicles) would be accommodated by the proposed 54 additional parking stalls, and parking impacts would be less than significant.” Additionally, the City’s LCPA adopted for the Case Development included parking requirements for lot 7. LIP Section
3.3(Q)(4)(c)(ii) states the following, “Parking shall be determined by a parking study prepared by a registered traffic engineer and based upon the proposed recreational uses.” A parking study was completed for the proposed design (Exhibit D.6.) and it concluded that 36 parking spaces would be adequate for the skatepark, 26 more than the 10 required by the 2014 Final EIR.
To demonstrate compliance with CEQA, Addendum No. 3 to the Final EIR was prepared and it was determined that the modified design was determined to have impacts that were less than significant.
Appeal Item 3. For the reason's specified above and as hereinafter stated the Findings in Resolution 23-52 are not supported by the evidence; A. Findings in Section 3(A)(1) - The Proposed Project fails to conform to the following applicable development standards in the LCP; B. Findings in Section 3 (A)(2) - By raising the grade of the east and northeast portion of the skatepark structure and creation of an approximately 1,500 flat pad, both four feet above existing grade, will create the potential for significant adverse visual and noise impacts to The Case Property because many people standing in these locations will be higher than the privacy wall at The Case and the efficacy of the existing site walls to mitigate noise impacts will reduced. The landscape plan limits the number of and size of the proposed vegetive screening which is inadequate to minimize visual impacts. The modification of the landscape plan and lowering the Proposed Project so that none 7
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portions of the skating structure or adjacent portions of the skatepark, so none exceed the height of existing grade would be less impactful alternative; C. Findings in Section 3 (A)(3) - The "additional sound review" was not based on on-site measurements and is based on a design substantially different that the skatepark analyzed in the FEIR; D. Findings in Section 3(D)(1,2,3,4,5) and 3(F)(3) - See comments to Sections 3 (A) (1) and (2) above.
Staff Response: The appellant further contends in subsection A of the above, that the proposed project fails to comply with the requirements of LIP Sections 3.3(Q)(4)(c)(i) and (ii) and Sections 8.3(A) and (E)(1) which regard the parks design standards and the City’s overall grading requirements.
LIP Section 3.3(Q)(4)(c)(i) provides design standards related to grading, setbacks and design. The project was designed to meet the operational programs of the park as defined in the City of Malibu Parks Master Plan. Per LIP Section3.3(Q)(4)(c)(i), grading to create the skatepark is exempt from the 1,000 cubic yard limit. As described previously, the skatepark was designed to minimize noise, lighting impacts and disruption to nearby residents. Based on the noise study, it was determined that the noise levels of the park would 64 dBA at 50 feet from the park and the nearest residence in the Case development is 100 feet from the edge of the skatepark. Furthermore, as previously mentioned, to address the concern raised by the appellant an additional noise evaluation was completed and concluded that the proposed design was not anticipated to increase noise impacts.
The proposed site walls and row of Coast Live Oak trees will provide additional noise and visual buffers. One light fixture will be attached to the proposed restroom consistent with the requirement of the California Building Code and that light will be Dark Sky compliant.
The light will only be used for custodial purposes or otherwise turned off as the park will be closed at night.
LIP Section 3.3(Q)(4)(c)(ii) provides the parking standards for the lot. As stated previously, LIP Section 3.3(Q)(4)(c)(ii) requires that parking be based on a parking study and the parking study that was conducted for the proposed project concluded that 36 spaces would accommodate the use of the skatepark.
LIP Sections 8.3(A) and 8.3(E) provide grading requirements. As stated previously, the project was reviewed for conformance with LIP Chapter 8 by the City’s Public Works department and deemed to meet the requirements of LIP Sections 8.3(A) and 8.3(E)(1).
As previously mentioned, when first planted the Coast Live Oak trees proposed along the boundary of the skatepark and the Case development will provide visual and noise cancelling effects, particularly once they reach full maturity. Younger trees were chosen due to budget concerns as more mature trees cost more money and could require cranes and additional equipment for planting. However, as proposed the project is anticipated to have less than significant noise and visual impacts on the Case properties based on the technical analysis that were completed as part of the project. 8
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The additional noise review conducted by Rincon Consultants, Inc. concluded the following, “project operational noise impacts (of the 2014 Final EIR) were noted to be conservative because they did not factor in, “the design consideration that the majority of the skate facilities would be sunken into the ground.” They concluded that the above ground elements of the latest version of the skatepark site plans would not result in greater noise impacts than previously discussed in the EIR and Addendum No. 3, and skatepark operational noise impacts would remain less than significant.” In addition, the proposed skatepark is the same size as the design that was originally proposed in the 2014 Final EIR.
Appeal Item 4. The application for the CDP failed to include a total Grading Yardage Verification Certificate, Cross-sections and elevations and story poles were not erected to show the portions of the project that will be above existing grade depriving the decision makers and public a full understanding of the Proposed Project.
Staff Response: As listed in the Planning Commission staff report (Exhibit D), construction and installation of the skatepark, restroom and related facilities includes approximately 3,022 cubic yards of grading (2,636 cubic yards of cut and 386 of fill). The project is exempt from the 1,000 cubic yard limit and therefore in compliance with the LIP. Per LIP Chapter 6, story poles are required when a project is visible from a scenic area and may have impacts on visual resources and based on site analysis, this project will not have impacts on visual resources as defined by LIP Chapter 6. The City’s story pole policy requires story poles for non-beachfront development over 18 feet in height and no portion of the proposed development is over 18 feet in height. Lastly, the proposed skatepark will not impact public scenic views as the site will not be visible from PCH and is on the north side of the park, away from the trails that are at the southern and western ends of the park.
ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in CEQA, the Planning Director has analyzed the proposed project. The Final EIR was prepared and certified in accordance with CEQA to examine the potential environmental effects of the original project (Final EIR for the Case project). The City Council Certified the Final EIR on February 24, 2014, making the required findings under CEQA. An Addendum to the Certified Final EIR has been prepared in accordance with CEQA Guidelines Section 15164 to address the proposed skatepark project. The Addendum must be considered by the City Council with the subject application for CDP No. 23-001.
PUBLIC CORRESPONDENCE: To date, staff has not received any written public correspondence on the appeal. Statements have been made at City Council meetings during public comment periods.
PUBLIC NOTICE: On February 1, 2024 a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City and a public notice was mailed to the owners and occupants of all properties within a radius of 500 feet of the subject property (Exhibit G).
9
Agenda Item # 4.A.
SUMMARY: Based on the record as a whole, including but not limited to all written and oral testimony offered in connection with this matter, staff recommends that the City Council adopt Resolution No. 24-10, denying the appeal, certifying Addendum No. 3 of the Crummer Site Subdivision Final EIR and approving CDP No. 23-001.
EXHIBITS:
A. Resolution No. 24-10
B. Appeal No. 23-008
C. Project Plans
D. November 30, 2023 Planning Commission Agenda Report
1. Planning Commission Resolution No. 23-52
2. Project Plans
3. Project Renderings
4. Department Review Sheets
5. Addendum No. 3 to the Final Environmental Impact Report for Crummer Site Subdivision, including Appendix A – Crummer Subdivision Mitigation Measures
6. Parking Study Dated May 4, 2023
7. Additional Noise Study Dated November 3, 2023
8. Correspondence
9. Public Hearing Notice
E. Planning Commission Resolution No. 23-52
F. Correspondence received since November 30, 2023
G. Public Hearing Notice
10 Exhibit A
RESOLUTION NO. 24-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
CERTIFYING ADDENDUM NO. 3 TO THE CRUMMER SITE SUBDIVISION
PROJECT FINAL ENVIRONMENTAL IMPACT REPORT, DENYING APPEAL NO. 23-008 AND APPROVING COASTAL DEVELOPMENT PERMIT NO. 23-001 FOR THE CONSTRUCTION OF A 12,500 SQUARE FOOT IN-GROUND
PERMANENT SKATEPARK, 146 SQUARE FOOT TWO-STALL RESTROOM BUILDING, 36 STALL PARKING LOT, TWO BIORETENTION BASINS,
LANDSCAPING, CROSS-WALK OVER WINTER MESA DRIVE, VARIOUS SKATING EQUIPMENT, FENCING, AND BENCHES LOCATED ON LOT 7 OF
THE CASE (FORMERLY CRUMMER) PROPERTY IN THE PLANNED
DEVELOPMENT AND PUBLIC OPEN SPACE ZONING DISTRICTS LOCATED AT 24250 PACIFIC COAST HIGHWAY (CITY OF MALIBU)
The City Council of the City of Malibu does hereby find, order and resolve as follows:
SECTION 1. Recitals.
A. On January 9, 2023, an application for a Coastal Development Permit (CDP) No. 23-001 for a new permanent skatepark, landscaping, and associated required parking was submitted to the Planning Department by the City Community Services Department. The application was routed to the City Biologist, City geotechnical consultant reviewers, City Public Works Department, Los Angeles County Fire Department (LACFD) and the Los Angeles County Waterworks District No. 29 (WD29) for review.
B. On October 4, 2023, a Notice of CDP was posted on the subject property and the project was deemed complete.
C. On October 11, 2023, the project went before the Environmental Review Board (ERB) for recommendations on the proposed project and Addendum No. 3 of the Crummer Site Subdivision Project.
D. On October 26, 2023, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject properties.
E. On November 20, 2023, the Regular Planning Commission meeting was adjourned to November 30, 2023 due to a power outage at City Hall.
F. On November 30, 2023, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record. The Planning Commission certified Addendum No. 3 of the Crummer Site Subdivision Final Environmental Impact Report (EIR) and adopted Planning Commission Resolution No. 23-52 approving the project.
G. On December 11, 2023, the property owner (herein referred to as the “appellant”), 600 Spring LLC, filed an appeal of the Planning Commission’s decision. 11 Resolution No 24-10
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H. On February 1, 2024, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a radius of 500 feet from the subject property and all interested parties.
I. On February 26, 2024, prior to opening the public hearing, the City Council continued the item to the March 11, 2024 Regular Planning Commission meeting.
J. On March 11, 2024, the City Council held a duly noticed public hearing on the subject appeal, reviewed and considered the agenda report, reviewed and considered all written reports and materials including the materials before the Planning Commission, public testimony, and other information in the record.
SECTION 2. Appeal of Action.
The appeal filed by the appellant contends that the findings are not supported by the evidence, or the decision is not supported by the findings and that the decision was contrary to law. Specifically, the appellant contends that the findings stating the proposed project is consistent with the City’s Local Coastal Program (LCP) are not supported by law or substantial evidence. Additionally, Addendum No. 3 of the Crummer Site Subdivision Final EIR is not adequate, and the project does not meet the requirements of the California Environmental Quality Act (CEQA).
SECTION 3. Findings for Denying the Appeal.
Based on evidence in the record and in the Council Agenda Report for the project, the City Council hereby makes the following findings of fact, denies the appeal and finds that substantial evidence in the record supports the required findings for approval of the project. In addition, the analysis, findings of fact, and conclusions set forth by staff in the Council Agenda Report and Planning Commission Agenda Report, as well as the testimony and materials considered by the Planning Commission and City Council are incorporated herein as though fully set forth.
In regard to the specific grounds for appeal, the appellant contends that the findings are not supported by the evidence, or decision is not supported by the findings and that the decision is contrary to law. The Council hereby adopts staff’s analysis and conclusions from the staff report regarding each of the asserted grounds for appeal and the reasons the appeal is granted to approve the project. In summary, the appellant contends that it is not feasible to develop the property in compliance with LCP Local Implementation Plan (LIP) Section 3.3(Q) and LIP Chapter 8 and therefore, the findings made by the Planning Commission are inaccurate. According to the appellant, the project is not designed to minimize noise, lighting impacts and disruption to the nearby residents. The appellant also contends that the proposed grading is not designed to minimize the alteration of landforms by conforming to the natural topography. Lastly the appellant contends that Addendum No. 3 of the Crummer Site Subdivision Final EIR is defective and insufficient because it does not account for the additional impacts created by the latest design of the skatepark.
The Council finds that development in compliance with LIP Section 3.3(Q) and LIP Chapter 8 is feasible, and that Addendum No. 3 is sufficient pursuant to CEQA law. Daytime noise would be dominated by traffic on Pacific Coast Highway (PCH). At night there would be no noise generated by the park because the park would be closed. Noise emissions were studied to be expected at 64 decibels A (dBA) at 50 feet from the site. The closest residence in the Case development is 12 Resolution No 24-10
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approximately 100 feet away from the edge of the proposed skate park and the residence will be buffered by vegetation and site walls. An additional review of the noise impacts, from a third-party sound engineer, was conducted and the engineer concluded that the above-ground elements would not add any more noise impacts than were already analyzed in the Final EIR and that, as designed, the impacts would remain less than significant. The proposed row of Coast Live Oak trees was added to the project to provide a visual privacy buffer between the skatepark and the Case development. Conditions are included to limit construction nuisances to be in compliance with City ordinances. General noise coming from the lot will need to maintain compliance with the City’s noise ordinance. Condition no. 15 of this resolution limits lighting to only one light for the restroom that will be dark sky compliant. Once construction is complete and the park is in operation, the park will be required to be operated in compliance with the approved plans and associated resolution which means that security fencing along the border of the park will be installed and the hours of operation will be from sunrise to sundown. Events will be limited to six per year and the any event outside normal operation of the park will require a Temporary Use Permit with the City in which a notice is sent out to all parcels within 500 feet. Traffic and parking plans were reviewed by the City’s Public Works department and deemed to meet the requirements of the City. Additionally, a parking study was conducted for the project and 36 spaces were stated to meet the demand of the use. The project proposes 36 spaces, consistent with the parking study.
Lastly, grading for the skatepark is exempt from the 1,000 cubic yard limit required in LIP Chapter
8. With the aforementioned project design and conditions of approval, the project will comply with LIP Section 3.3(Q) and Chapter 8.
The Final EIR certified by the City in 2014 analyzed potential uses for lot 7 of the Case development. Both a baseball field and skatepark were considered. The skatepark that was studied in the Final EIR was 12,500 square feet in size and comprised mostly of an underground bowl.
The preliminary design has changed since 2014 as the result of public input. The Parks and Recreation Commission decided on the current design in 2020 and the park’s amenities in 2021, after wide participation from both the public and community stakeholders including the appellant’s representatives. The project was also reviewed by the Public Works Commission in 2021, with participation from the appellant. The current design is the same size and is sited in the same location as the skatepark analyzed in the 2014 Final EIR. There are elements of the park that extend above existing grade including ramps and rails but none will be taller than six feet above existing grade. The proposed skatepark is mostly underground or at grade with some pop outs for more experienced users. Addendum No. 3 of the Final EIR analyzed the proposed skatepark and the change in design to include the proposed above ground elements and it was determined that the design revisions did not create any additional significant impacts that were not otherwise studied in the 2014 Final EIR.
In conclusion, the City Council finds, as further discussed below and in the Agenda Report, and as shown by the evidence in the record, that the evidence supports the findings required for approval of the application and certification of Addendum No. 3 to the Crummer Site Subdivision Final EIR.
SECTION 4. Environmental Review.
Pursuant to the authority and criteria contained in the CEQA, the City Council has exercised its independent judgment and analyzed the proposed project. The City Council finds that the proposed project was adequately studied in the Case (formerly Crummer) Site Subdivision Project Final EIR. On February 24, 2014, the City of Malibu certified the Case Final EIR (State Clearing House 13 Resolution No 24-10
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No. 2008091155), that it will result in less than significant impacts with mitigation, and that no further evaluation under CEQA is required.
Nevertheless, the City Council also evaluated the proposed application and determined the permanent skatepark will not create any new significant impacts or increase the severity of impacts as compared to those that were identified; and that none of the conditions described in CEQA Guidelines Sections 15162 have occurred. The proposed project would not cause new significant impacts not identified in the certified Final EIR or result in a substantial increase in the severity of previously identified significant impacts. No substantial changes have occurred with respect to the circumstances under which the approved project is undertaken which would require major revisions of the Final EIR due to the involvement of new significant environmental effects or an increase in severity of identified effects. There is no new information that shows that the proposed project would cause new significant environmental impacts that were not already analyzed in the certified Final EIR. Therefore, pursuant to CEQA Guidelines Section 15164, an addendum to the Final EIR (Addendum No. 3) was prepared and no supplemental environmental review is required beyond this Addendum. The certified Final EIR and Addendum No. 3 were considered prior to approval of the project. Together they are determined to adequately satisfy all the requirements of CEQA.
SECTION 5. Coastal Development Permit Findings.
Based on evidence contained within the record, including the agenda report for the project and the hearing on February 26, 2024, and pursuant to the Local Coastal Program (LCP) Local Implementation Plan (LIP) including Sections 13.7(B) and 13.9 and Malibu Municipal Code (MMC), the City Council adopts the analysis in the agenda report, incorporated herein, the findings of fact below, and approves CDP No. 23-001 for the construction of a 12,500 square foot in-ground permanent skatepark, 146 square foot two-stall restroom building, 36 stall parking lot, two bioretention basins, landscaping, cross-walk over Winter Mesa Drive, various skating equipment, fencing, and benches located on Lot 7 of the Case (formerly Crummer) property in the Planned Development (PD) and Public Open Space (OS) zoning districts located at 24250 Pacific Coast Highway (City of Malibu).
The project is consistent with the LCP’s zoning, grading, cultural resources, water quality, and wastewater treatment system standards requirements. The project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.
A. General Coastal Development Permit (LIP Chapter 13)
1. The proposed project is located in the PD and OS zoning districts, which are areas designated for recreation. The Planning Department, City Biologist, City Public Works Department, and City geotechnical consultant reviewers, Los Angeles County Fire Department (LACFD) and Los Angeles County Waterworks District. No. 29 (WD29) have reviewed the project for conformance with the LCP. As discussed herein, based on submitted reports, project plans, visual analysis, and site investigation, the proposed project, as conditioned, conforms to the LCP in that it meets all applicable development standards.
2. The project will not result in adverse biological or visual impacts and involves only the necessary amount of grading to construct the 12,500 square foot skatepark as analyzed in the 14 Resolution No 24-10
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Crummer Site Subdivision Final EIR. The site has already been disturbed in accordance with the approved Case site improvements CDP as well as the improvements for the temporary skatepark constructed in 2020. There is no evidence that an alternative project would substantially lessen any potential significant adverse impacts of the development on the environment as no significant effects are expected. The proposed project is the least environmentally damaging feasible alternative.
3. The subject property is not designated as containing Environmentally Sensitive Habitat Area (ESHA) or ESHA buffer as shown on the LCP ESHA and Marine Resources Map.
However, Addendum No. 3 to the Case project’s Final EIR and the subject skatepark project were reviewed by the ERB and recommendations were made. All recommendations made by the ERB were assessed and addressed. An additional sound review was prepared by a third-party consultant who concluded the proposed design is in line with the design reviewed during the Final EIR and no additional mitigation is required.
D. Scenic, Visual and Hillside Resource Protection (LIP Chapter 6)
1. An analysis of the project’s visual impact was conducted through site inspections, architectural plans and review of the Final EIR and Addendum No. 3. The skatepark will have limited visibility from PCH, does not block ocean views, and fits within the recreational context of Bluffs Park. The parking area and skate features will be constructed at an elevation lower than the Case project and out of site from PCH, minimizing their visibility. Furthermore, the skate park elements will not exceed six feet in height. The park will only be open during daylight hours and does not include outdoor lighting other than a small light for the restroom which will be used for maintenance purposes only or otherwise turned off. The skatepark project is not expected to result in significant adverse scenic or visual impacts.
2. The project has been designed to avoid any adverse or scenic impacts. The project proposes skatepark elements situated at or below the elevation of nearby residential structures and landscaping and proposes minimal outdoor lighting, minimizing visual impacts. Therefore, the proposed development will not result in significant adverse scenic visual impacts.
3. The project, as proposed or conditioned, is the least environmentally damaging alternative.
4. The project, as designed and conditioned, is not expected to adversely affect scenic and visual resources and therefore, no feasible alternatives would avoid or substantially lessen any significant adverse impacts on scenic and visual resources.
5. The project site was cleared of sensitive biological resources and the project design elevation and the height of skate features will not result in adverse visual impacts. No other siting alternatives are necessary.
F. Hazards (LIP Chapter 9)
1. The entire City of Malibu, including the project, is located within an extreme fire hazard zone. The proposed skatepark will include minor landscaping and exempt grading, neither of which will affect the structural integrity of the site. No habitable structures are proposed. The project, as conditioned, will incorporate the conditions required by the City Public Works 15 Resolution No 24-10
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Department and City geotechnical consultant reviewers. As such, the proposed project will not increase the instability of the site or structural integrity from geologic, flood, or any other hazards.
2. The project, as designed, conditioned, and approved by the City geotechnical consultant reviewers, City Public Works Department, and LACFD and does not have any significant adverse impacts on the site stability or structural integrity from geologic or fire hazards due to the project design. The project meets City and County requirements and standards.
3. The project, as conditioned, is the least environmentally damaging alternative, in that the skatepark complies with the requirements of both the MMC and LCP, and no environmentally superior alternatives have been identified.
4. The proposed development has been analyzed for the hazards listed in LIP Chapter 9 by City geotechnical consultant reviewers and City Public Works Department. These specialists determined that the proposed project does not adversely impact site stability or structural integrity.
There are no feasible alternatives to the proposed development that would result in less site disturbance.
5. As discussed herein, the proposed project, as designed and conditioned, will not have adverse impacts on sensitive coastal resources, as none are present on Lot 7.
SECTION 6. City Council Approval.
Based on the foregoing findings and evidence contained within the record, the City Council hereby approves CDP No. 23-001, subject to the following conditions, including the Mitigation Measures from the Crummer Subdivision Project Final EIR (certified by City Council Resolution No. 14- 11) that are applicable to the project, as noted below.
SECTION 7. Conditions of Approval.
1. The property owners, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.
2. Approval of this application is to allow for the project described herein. The scope of work approved includes:
a. 12,500 square foot in-ground permanent skatepark;
b. 146 square foot, 12-foot tall, two-stall restroom structure; c. Parking and drop off area including 28 standard parking spaces, six carpool/vanpool/electric vehicle spaces, and two ADA spaces; d. Two bioretention basins;
e. New crosswalk across Winter Mesa Drive;
f. Landscaping;
g. 8-foot-tall perimeter fencing; and
16 Resolution No 24-10
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h. 3,022 cubic yards of exempt grading.
3. Subsequent submittals for this project shall be in substantial compliance with plans on-file with the Planning Department, signed by Public Works Engineering staff on August 16, 2023. In the event the project plans conflict with any condition of approval, the condition shall take precedence.
4. Pursuant to LIP Section 13.18.2, this permit and rights conferred in this approval shall not be effective until the property owner signs and returns the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall file this form with the Planning Department within 10 days of this decision and/or prior to issuance of any development permits.
5. This resolution signed Acceptance of Conditions Affidavit and all Department Review Sheets attached to the Planning Commission agenda report for this project shall be copied in their entirety and placed directly onto a separate plan sheet behind the cover sheet of the development plans submitted to the City of Malibu Environmental Sustainability Department for plan check.
6. This CDP shall expire if the project has not commenced within three (3) years after issuance of the permit. Extension of the permit may be granted by the approving authority for due cause. Extensions shall be requested in writing by the applicant or authorized agent prior to expiration of the three-year period and shall set forth the reasons for the request.
In the event of an appeal, the CDP shall expire if the project has not commenced within three years from the date the appeal is decided by the decision-making body or withdrawn by the appellant.
7. Any questions of intent or interpretation of any condition of approval will be resolved by the Planning Director upon written request of such interpretation.
8. All development shall conform to requirements of the City of Malibu Environmental Sustainability Department, City Biologist, City geotechnical consultant reviewers, and City Public Works Department, as applicable. Notwithstanding this review, all required permits shall be secured.
9. Minor changes to the approved plans or the conditions of approval may be approved by the Planning Director, provided such changes achieve substantially the same results and the project is still in compliance with the MMC and the LCP. Revised plans reflecting the minor changes and additional fees shall be required.
10. Pursuant to LIP Section 13.20, development pursuant to an approved CDP shall not commence until the CDP is effective. The CDP is not effective until all appeals have been exhausted.
Cultural Resources
11. In the event that potentially important cultural resources are found in the course of geologic testing or during construction, work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the 17 Resolution No 24-10
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Planning Director can review this information. Thereafter, the procedures contained in LIP Chapter 11 and those in MMC Section 17.54.040(D)(4)(b) shall be followed.
12. If human bone is discovered during geologic testing or during construction, work shall immediately cease and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by phone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.
13. Mitigation Measure 4-1: For adequate coverage and the protection of potentially significant buried resources, a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards (48 Federal Register 44738-39) shall be retained by the applicant to monitor all ground-disturbing activities, including but not limited to all grading, excavation, and site preparation. The project archaeologist shall have the authority to halt any activities adversely impacting potentially significant resources.
Any significant archaeological resources found shall be preserved as determined necessary by the project archaeologist and offered to the South Central Coastal Information Center at California State University, Fullerton or repository willing to accept the resource. Any resulting reports shall also be forwarded to the South Central Coastal Information Center at California State University, Fullerton.
Should paleontological soils be uncovered during grading, a paleontological monitor shall also be retained by the applicant, upon the archaeological monitor's request, to oversee ground-disturbing activities, including but not limited to all grading, excavation, and site preparation. The paleontological monitor shall have the authority to halt any activities adversely impacting potentially significant resources. Should fossil-bearing formations be uncovered, the monitor shall professionally collect any specimens without impeding development. Any paleontological artifacts recovered shall be preserved, as determined necessary by the project paleontologist, and offered to an accredited and permanent scientific institution for the benefit of current and future generations. This mitigation measure shall also apply to trenching for utilities, geological testing, and any other grounddisturbing activities associated with the proposed project.
14. Mitigation Measure 4-2: A Native American Monitor of Chumash descent shall be retained to monitor all ground disturbing activities, including but not limited to all grading, excavation, and site preparation. Any artifacts recovered shall be curated at the South Central Coastal Information Center at California State University, Fullerton, the designated repository for Los Angeles, Ventura, and Orange Counties. The extent and duration of the archaeological monitoring program shall be determined in accordance with the proposed grading or demolition plans. If human remains are uncovered, the Los Angeles Coroner, Native American Heritage Commission, local Native American representatives, and archaeological monitor shall determine the nature of further studies, as warranted and in accordance with Public Resources Code 5097.98 and the City's standard conditions of approval. This mitigation measure shall also apply to trenching for utilities, geological testing, and any other ground-disturbing activities associated with the proposed project. 18 Resolution No 24-10
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Site-Specific Conditions
15. Only outdoor Dark Sky compliant lighting for the restroom is approved with this application.
Biology/Landscaping
16. Prior to installation of any landscaping, the applicant shall obtain a plumbing permit for the proposed irrigation system from the Building Safety Division.
17. Prior to or at the time of a Planning final inspection, the property owner/applicant shall submit to the case planner a copy of the plumbing permit for the irrigation system installation that has been signed off by the Building Safety Division.
18. Prior to final Planning inspection or other final project sign off (as applicable), the applicant shall submit to the Planning Director for review and approval a certificate of completion in accordance with the Landscape Water Conservation Ordinance MMC Chapter 17.53).
The certificate shall include the property owner’s signed acceptance of responsibility for maintaining the landscaping and irrigation in accordance with the approved plans and MMC Chapter 17.53.
19. Prior to Final Plan Check Approval, if your property is serviced by the Los Angeles County Waterworks District No. 29, please provide landscape water use approval from that department.
20. Vegetation forming a view impermeable condition (hedge), serving the same function as a fence or wall, occurring within the side or rear yard setback shall be maintained at or below six feet in height. View impermeable hedges occurring within the front yard setback serving the same function as a fence or wall shall be maintained at or below 42 inches in height. Three sequential violations of this condition will result in a requirement to permanently remove the vegetation from the site.
21. Vegetation shall be situated on the property so as not to obstruct the primary view from private property at any given time (given consideration of its future growth).
22. Invasive plant species, as determined by the City of Malibu, are prohibited.
23. The landscape plan shall prohibit the use of building materials treated with toxic compounds such as creosote and copper arsenate.
24. Grading shall be scheduled only during the dry season from April 1 – October 31. If it becomes necessary to conduct grading activities from November 1 – March 31, a comprehensive erosion control plan shall be submitted for approval prior to issuance of a grading permit and implemented prior to initiation of vegetation removal and/or grading activities.
25. Grading/excavation/vegetation removal scheduled between February 1 – September 15 will require nesting bird surveys by a qualified biologist prior to initiation of such activities. 19 Resolution No 24-10
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Surveys shall be completed no more than five days from proposed initiation of site preparation activities. Should active nests be identified, a buffer area no less than 150 feet (300 feet for raptors) shall be fenced off until it is determined by a qualified biologist that the nest is no longer active. A report discussing the results of the surveys shall be turned in to the City within two business days of completion of surveys.
26. The (landscape and fuel modification plan) has been conditioned to protect natural resources in accordance with the Malibu General Plan. All areas shall be planted and maintained as described in the (restoration plan, landscape and fuel modification plan).
Failure to comply with the landscape conditions is a violation of the conditions of approval for this project.
27. Night lighting from exterior and interior sources shall be minimized. All exterior lighting shall be low intensity and shielded so it is directed downward and inward so that there is no offsite glare or lighting of natural habitat areas. Up-lighting is prohibited.
28. Except as permitted pursuant to the provisions in LUP policies 3.18 and 3.20, throughout the City of Malibu, development that involves the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, shall be prohibited in cases where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas or coastal water quality or harm wildlife.
Herbicides may be used for the eradication of invasive plant species or habitat restoration, but only if the use of non-chemical methods for prevention and management such as physical, mechanical, cultural, and biological controls are infeasible. Herbicides shall be restricted to the least toxic product and method, and to the maximum extent feasible, shall be biodegradable, derived from natural sources, and used for a limited time.
Geology
29. Submit a geotechnical report that addresses the grading for the skatepark, including subgrade preparation, overexcavation (as appropriate), design of flatwork (concrete and shotcrete), foundations for structures, and drainage control. The report will be reviewed as part of the Building Plan Check submittal.
Street Improvements
30. The project proposes to construct street improvements within the City’s right-of-way. Prior to the Public Works Department’s approval of the grading or building permit, the applicant shall obtain encroachment permits from the Public Works Department for the proposed work within the City’s right-of-way.
31. The project proposes to construct a new driveway within the City’s right-of-way. Prior to the Public Works Department approval of the grading or building permit, the applicant shall obtain encroachment permits from the Public Works Department for the proposed driveway. The driveway shall be constructed of either six inches of concrete over fourinches of aggregate base, or 4-inches of asphalt concrete over six-inches of aggregate base.
The driveway shall be flush with the existing grades with no curbs. 20 Resolution No 24-10
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Grading/Drainage/Hydrology (Geology/ Public Works)
32. Clearing and grading during the rainy season (extending from November 1 to March 31) shall be prohibited for development that:
a. Is located within or adjacent to ESHA, or
b. Includes grading on slopes greater than 4 to 1.
c. Approved grading for development that is located within or adjacent to ESHA or on slopes greater than 4 to 1 shall not be undertaken unless there is sufficient time to complete grading operations before the rainy season. If grading operations are not completed before the rainy season begins, grading shall be halted and temporary erosion control measures shall be put into place to minimize erosion until grading resumes after March 31, unless the City determines that completion of grading would be more protective of resources.
33. A Local Storm Water Pollution Prevention Plan (LSWPPP) shall be provided prior to issuance of grading/building permits. This plan shall include and Erosion and Sediment Control Plan (ESCP) that includes, but not limited to:
Erosion Controls Scheduling Erosion Controls Scheduling Preservation of Existing Vegetation
Sediment Controls Silt Fence
Sediment Controls Silt Fence
Sandbag Barrier
Stabilized Construction Entrance
Non-Storm Water Management Water Conservation Practices Dewatering Operations
Waste Management Material Delivery and Storage
Stockpile Management
Spill Prevention and Control
Solid Waste Management
Concrete Waste Management
Sanitary/Septic Waste Management
All Best Management Practices (BMP) shall be in accordance with the latest version of the California Stormwater Quality Association (CASQA) BMP Handbook. Designated areas for the storage of construction materials, solid waste management, and portable toilets must not disrupt drainage patterns or subject the material to erosion by site runoff.
34. A Storm Water Management Plan (SWMP) is required for this project. Storm drainage improvements are required to mitigate increased runoff generated by property development. The applicant shall have the choice of one method specified within the City’s Local Implementation Plan Section 17.3.2.B.2. The SWMP shall be supported by a hydrology and hydraulic study that identifies all areas contributory to the property and an analysis of the predevelopment and post development drainage of the site. The SWMP shall identify the Site design and Source control Best Management Practices (BMP’s) that have been implemented in the design of the project (See LIP Chapter 17 Appendix A). The SWMP shall be reviewed and approved by the Public Works Department prior to the issuance of the grading/building permits for this project. Exported soil from a site shall be 21 Resolution No 24-10
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taken to the Los Angeles County Landfill or to a site with an active grading permit and the ability to accept the material in compliance with LIP Section 8.3.
35. A Water Quality Mitigation Plan (WQMP) is required for this project. The WQMP shall be supported by a hydrology and hydraulic study that identifies all areas contributory to the property and an analysis of the predevelopment and post-development drainage of the site. The WQMP shall meet all the requirements of the City’s current Municipal Separate Stormwater Sewer System (MS4) permit. The following elements shall be included within the WQMP:
a. Site Design Best Management Practices (BMPs)
b. Source Control BMPs
c. Treatment Control BMPsthat retain on-site the Stormwater Quality Design Volume (SWQDv). Or where it is technically infeasible to retain on-site, the project must biofiltrate 1.5 times the SWQDv that is not retained on-site. d. Drainage Improvements
e. A plan for the maintenance and monitoring of the proposed treatment BMPs for the expected life of the structure.
f. A copy of the WQMP shall be filed against the property to provide constructive notice to future property owners of their obligation to maintain the water quality.
The project engineer shall sign the final plans prior to the issuance of construction permits.
36. The applicant shall label all City/County storm drain inlets within 250 feet from each property line per the City of Malibu’s standard label template. A note shall be placed on the project plans that address this condition.
37. A digital drawing (AutoCAD) of the project’s private storm drain system, public storm drain system within 250 feet of the property limits, and post-construction BMPs shall be submitted to the Public Works Department prior to the issuance of grading or building permits. The digital drawing shall adequately show all storm drain lines, inlets, outlets, post-construction BMPs and other applicable facilities. The digital drawing shall also show the subject property, public or private street, and any drainage easements.
Construction
38. Prior to final building inspection, the applicant shall provide the Environmental Sustainability Department with a WRRP Final Summary Report. The Final Summary Report shall designate all materials that were landfilled or recycled, broken down by material types. The Environmental Sustainability Department shall approve the Final Summary Report.
39. Construction hours shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m. No construction activities shall be permitted on Sundays or City-designated holidays.
40. Construction management techniques, including minimizing the amount of equipment used simultaneously and increasing the distance between emission sources, shall be employed as feasible and appropriate. All trucks leaving the construction site shall adhere to the 22 Resolution No 24-10
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California Vehicle Code. In addition, construction vehicles shall be covered when necessary; and their tires will be rinsed off prior to leaving the property.
41. A construction management plan shall be approved by the Public Works Director to manage construction traffic, including grading truck trips, in order to minimize impacts on traffic and emergency access.
42. Mitigation Measure 2-1: The construction contractor shall implement the following measures to reduce construction exhaust emissions during grading and construction activities:
a. The construction contractor shall ensure that all equipment is properly serviced and maintained to the manufacturer’s standards to reduce operational emissions. b. The construction contractor shall limit nonessential idling of construction equipment to no more than five consecutive minutes.
c. Where feasible, use of haul trucks with engines that are 2010 or newer for soil import and export activities.
d. The construction contractor shall limit soil hauling activities associated with the site grading trips to a maximum of 38 trucks per day (76 one-way soil haul trips per day for haul trips).
e. The construction contractor shall use USEPA-rated Tier 3 construction engines for equipment rated at 50 horsepower or greater for general site grading activities. Tier 3 engines between 90 and 750 horsepower are available for 2006 to 2008 model years.
f. A list of construction equipment by type and model year shall be maintained by the construction contractor onsite.
43. Mitigation Measure 7-1 (applicable portions): In addition to compliance with existing requirements and standards of the LACFD, the project must comply with all applicable requirements detailed in letters dated March 16, 2012, from the LACFD, included in Appendix L of the Draft EIR that are applicable to Lot 7. Where the two letters differ, the more conservative approach shall be taken. The letters include the following requirements, among others:
a. Access shall comply with Section 503 of the Fire Code, which requires all-weather access. All-weather access may require paving.
b. Where driveways extend farther than 150 feet and are of single-access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed, and maintained to ensure their integrity for fire department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. c. Provide water mains, fire hydrants, and fire flows as required by the County of Los Angeles Fire Department for all land shown on map which shall be recorded. d. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants.
e. Vehicular access must be provided and maintained serviceable throughout construction.
23 Resolution No 24-10
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Prior to Final Sign-Off
44. The applicant shall request a final Planning Department inspection prior to final inspection by the City of Malibu Environmental Sustainability Department. A final approval shall not be issued until the Planning Department has determined that the project complies with this CDP.
45. Any construction trailer, storage equipment or similar temporary equipment not permitted as part of the approved scope of work shall be removed prior to final inspection and approval, and if applicable, the issuance of the certificate of occupancy.
Fixed Conditions
46. This coastal development permit shall run with the land and bind all future owners of the property.
47. Violation of any of the conditions of this approval may be cause for revocation of this permit and termination of all rights granted there under.
Operations
48. The approved hours of operation are limited to 8:00 a.m. to sunset, seven days a week.
49. At least 36 parking spaces shall be provided at all times.
Signs
50. No other new signage is permitted under this application; a sign permit shall be submitted and approved by the Planning Department prior to installation of any new sign.
SECTION 8. The Planning Commission shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 11th day of March 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
24 Resolution No 24-10
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APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
25 Exhibit B
26 27
28 29
30 31
32 33
34 Exhibit C
35 36
37 38
39
Commission Agenda Report
To: Chair Peak and Members of the Planning Commission
Prepared by: Tyler Eaton, Senior Planner
Approved by: Richard Mollica, Planning Director
Date prepared: November 9, 2023 Meeting date: November 30, 2023 Subject: Coastal Development Permit No. 23-001 – An application for construction of a 12,500 square foot Skatepark and associated development
Location: 24250 Pacific Coast Highway, not within the appealable coastal zone
APNs: 4458-018-904 and 4458-018-907
Owner: City of Malibu
RECOMMENDED ACTION: Consider Addendum No. 3 to the Crummer Site Subdivision Final Environmental Impact Report (EIR) and Coastal Development Permit (CDP) No. 23- 001 for the construction of a 12,500 square foot in-ground permanent skatepark, 146 square foot two-stall restroom building, 36 stall parking lot, two bioretention basins, landscaping, cross-walk over Winter Mesa Drive, various skating equipment, fencing, and benches located on Lot 7 of the Case (formally Crummer) property in the Planned Development (PD) and Public Open Space (OS) zoning districts located at 24250 Pacific Coast Highway (City of Malibu).
DISCUSSION: This agenda report provides a project overview, a summary of the surrounding land uses and project setting, description of the proposed project, staff’s analysis of the project’s consistency with Malibu Local Coastal Program (LCP) and Malibu Municipal Code (MMC) provisions, and environmental review pursuant to California Environmental Quality Act (CEQA). The analysis and findings contained herein demonstrate the project is consistent with the LCP and MMC.
Project Overview
For many years, the City residents enjoyed use of a temporary skate park, known as Papa Jack’s, located at the northwest corner of Civic Center Way and Cross Creek Road. In 2010, the property owner removed the skate park in anticipation of a future development Planning Commission
Meeting
11-30-23
Item
5.A.
40
project on the site. Since that time, the City has sought to find a location for a new temporary skate park while it explored options for construction of a permanent skate park.
In 2014, the City Council approved the Case project, located adjacent to Malibu Bluffs Park. Construction of the residential development at the Case site is still underway. The project included five lots for residential home construction, a lot for infrastructure and supporting facilities, and a lot designated for recreational uses to be dedicated to the City.
This lot, known as Lot 7, has been transferred to the City. In 2019, City Council directed staff to develop a temporary skate park on Lot 7, and to begin the process of designing and obtaining approvals for a permanent skate park. The temporary skatepark was completed in June of 2020.
Lot 7 is 75,250 square feet located between the existing Bluffs Park ballfields and the entrance to the Case. The project consists of the construction of a 12,500 square foot inground permanent skatepark, two-stall restroom building and related parking and improvements. The westerly portion consists of a bioretention basin, parking and drop off area. 28 standard parking spaces, six carpool/vanpool/electric vehicle spaces, and two Americans with Disabilities Act (ADA) spaces are proposed. Figure 1 below shows the proposed site plan. The parking will be available to all Malibu Bluffs Park visitors even though it is adjacent to the skatepark. Project plans are included as Attachment 2.
Figure 1 – Proposed Site Plan
Source: Skate Park’s Site Plan
A crosswalk is proposed outside of the parcel boundaries on Winter Mesa Drive at the southwesterly corner of the project site to serve as safe pedestrian access to and from the rest of Malibu Bluffs Park. The crosswalk was reviewed by the City Public Works Department and determined to be adequate and safe for the proposed use. Winter Mesa Drive is used for Malibu Bluffs Park access and includes narrow driveways and turns that limit the speed of automobiles.
Exhibit D
41
The easterly portion of the project site includes the 12,500 square foot permanent skatepark. The skatepark includes mostly sub-surface bowl features with aspects of the skatepark projecting at or above ground. The above ground features include at-grade skate paths, skate ramps within the bowl that project above the nearest existing grade, rails, and benches. No parts of the skatepark are proposed to project more than six feet above the nearest existing grade. Figure 2 below shows a rendering of the proposed skatepark.
Figure 2 – Rendering of Proposed Skatepark
Source: California Skateparks, 2022
Construction and installation of a permanent skatepark, restroom and related facilities includes approximately 3,022 cubic yards of grading of which 2,636 cubic yards is cut and 386 is fill.
A restroom building will be located near the entrance to the skatepark. The restroom would include a 146 square foot, 12-foot-tall concrete block structure with two unisex stalls accessible from the west side of the building. The restroom will be available to all park users and would be open only during daylight hours when the skatepark is open. The restroom building would have two exterior wall mounted lights that would be motionactivated from 11 p.m. to 5 a.m. to assist with custodial services. Lighting would be fully shielded, directed downward and would comply with the City’s Dark Sky Ordinance. The restroom will be connected to the City’s Civic Center Wastewater Treatment Facility which serves Malibu Bluffs Park.
The skatepark also includes sidewalks, benches, picnic tables, planter areas, a bicycle parking area, water fountain and bioretention basin. Landscaping would include various native shrubs, groundcovers and 17 Coast Live Oak trees. Temporary irrigation would be 42
installed upon planting to provide consistent moisture for seeds and plants and would be removed upon plant germination/establishment. Areas immediately surrounding the skatepark features would be covered with a fire-resistant engineered wood fiber mulch. A galvanized steel “wave” fence up to 8 feet high would be installed along the western and southwestern boundary of the skatepark area.
It is anticipated that user groups consisting of youth and adult skateboarders, and bicycle and inline-skate participants with skill levels ranging from beginner to professional will utilize the proposed skatepark. The proposed hours of operation will be from 8 a.m. to sunset, seven days a week.
All applicable City departments and agencies have reviewed the project and determined it complies with the LCP. All the required findings can be made to approve the project.
Background
On February 24, 2014, the City Council approved the Case project. Project approvals included CDP No. 07-144 and Vesting Tentative Map No. 07-033 to subdivide one lot into 7 lots, a Local Coastal Program Amendment (LCPA) No. 12-001 to correct an inconsistency between an LCP Land Use Policy (LUP) Policy and the zoning designation and incorporate the Planned Development zoning standards into the LCP and a corollary Zoning Text Amendment to update the MMC. The project included single-family residences on Lots 1 through 5; a private street, gatehouse, onsite wastewater treatment system (OWTS) package plant and open space area on Lot 6; and a recreational use on Lot 7. On May 18, 2014, the Planning Commission approved CDPs on Lots 1 through 5 for the residences contingent upon approval of the LCPA by the California Coastal Commission (CCC). In 2015, the CCC approved the LCPA with modifications which were later accepted by the City of Malibu and finally certified.
On February 24, 2014, the City Council certified the Final EIR for the Case project (State Clearing House (SCH) No. 2008091155) concurrently with the associated CDP project approvals. The EIR studied construction and development of the subdivision, including potential use of Lot 7 as ballfields or a skate park. The Final EIR included a number of mitigation measures to address the potentially significant impacts that were identified (Attachment 5). The EIR determined that with included mitigation measures, the project would not result in any significant environmental impacts.
In 2016, the Planning Commission approved CDP Amendment Nos. 15-008 through 15- 012 to amend the previously approved CDPs on Lots 1 through 5 in response to LCPA modifications made by the CCC in 2015. No changes were made to Lots 6 or 7. To update the Final EIR, the Commission considered Addendum No. 1 to the EIR, documenting that the changes would not create any new significant impacts or increase the severity of any impacts that were identified and that no new mitigation measures were available to further reduce impacts. In 2020, the City considered Addendum No. 2 as a result of the temporary skatepark improvements. Addendum No. 3 to the Case project is before the Planning Commission for certification, which includes the permanent skatepark and associated 43
parking improvements.
Environmental Review Board
On October 11, 2023, the Environmental Review Board (ERB) considered the Addendum and recommendations were made by the ERB to the Planning Commission. The recommendations included the use of subsurface water retention tanks or reuse of the water collected in the proposed bioretention tanks for landscaping purposes. The proposed landscaping uses native trees and shrubs to help reduce use of potable water onsite. Additionally, the landscaping will be watered with reusable water to mitigate potable water impacts. A second recommendation was for the proposed fencing to be wildlife friendly. The fencing is being used to secure the lot. Wildlife friendly fencing may pose security risks for both wildlife and skaters who may trespass onto the lot after hours. If wildlife find their way onto the skatepark, they can be trapped in the skate bowl. The project site also does not provide a wildlife corridor as it is surrounded by the Case project which has a six-foot tall solid wall along its entire perimeter. Any wildlife trespass onto the site must also exit back the same way.
A third recommendation was made regarding the potential noise impacts as a result of comments from a neighbor. The current neighbor and owner of the Case properties submitted concerns regarding increased noise impacts based on the proposed design, specifically with the above ground features such as the ramps and rails (Attachment 8). A 12,500 square foot skatepark was analyzed in the Final EIR for the Case project and concluded that noise impacts would be less than significant because daytime noise would be dominated by traffic on nearby Pacific Coast Highway (PCH). At night, when traffic subsided, the park would be closed, eliminating noise impacts from the skatepark in the night hours. Additionally, noise emissions were studied to be expected at 64 dBA at 50 feet from the site. The closest residence in the Case development is approximately 100 feet away and is buffered by vegetation and site walls.
A 12,500 square foot skatepark is proposed in this project and is sited in the same area as was studied in the Final EIR. Addendum No. 3 to the Final EIR concluded that no new impacts are expected to be generated from the final skatepark design. The neighbor disagreed with those conclusions. To address their concern, The City obtained an additional review of the noise impacts, from a third-party sound engineer (Attachment 7).
The engineer concluded that the above-ground elements would not add any more noise impacts than were already analyzed in the Final EIR and that, as designed, the impacts would remain less than significant.
Environmental Review
A 12,500 square foot skate park use has been studied under CEQA in the Final EIR. The Final EIR determined that with mitigation, the project would have less than significant environmental effects. Nevertheless, Addendum No. 3 to the Final EIR (Attachment 5) has been prepared to further update the EIR and document whether the permanent skatepark project would create any new significant impacts or increase the severity of any 44
impacts that were identified, or whether new mitigation measures were available to reduce impacts. Addendum No. 3 confirms that no new impacts would be created, no impacts would be made more severe, and further that there are no additional mitigation measures available. Mitigation Measures from the Final EIR that are applicable to the proposed project have been incorporated into Resolution No. 23-52.
Final EIR and Addendum No. 3
On February 24, 2014, in approving the Case project, the City Council certified the Final EIR (SCH No. 2008091155) in accordance with CEQA. The Final EIR made all the required findings under CEQA and determined that all the impacts associated with the project would be less than significant, or less than significant with mitigation measures.
Pursuant to CEQA Guidelines Section 15164, the City shall prepare an addendum to a previously certified EIR, rather than a subsequent new EIR, if only minor technical changes or additions to the EIR are necessary and certain conditions set forth in the CEQA Guidelines have not occurred as discussed below.
In 2016, an addendum to the Final EIR was prepared to address minor changes in the design and siting of the residential portions of the project as required by the Coastal Commission’s modifications to the PD development standards amendment. The addendum updated the Final EIR with detailed information about the changes. In 2020, the City prepared Addendum No. 2 to the Final EIR regarding the temporary skatepark.1 Addendum No. 3 was prepared by the City for the permanent skatepark. The analysis below explains how the City determined an addendum to be appropriate in this case.
Addendum No. 3 contains detailed discussion and supporting documentation supporting the conclusions. Addendum No. 3 is included as Attachment 5.
Under CEQA Guidelines Section 15162, an addendum is appropriate unless:
1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Staff Analysis: The City has prepared a comprehensive Addendum that considered all the environmental impacts outlined in the Final EIR. No new significant environmental impacts were identified based upon staff’s independent review of the technical information submitted as part of the proposed CDP application. Moreover, the Addendum includes a summary of the environmental impacts previously considered in the Final EIR and compares those impacts to any impacts associated with the revised project. No significant impacts were identified and no substantial increase in the previously identified significant effects was identified. The Addendum does not raise important new issues about the significant effects on the environment 1 Addendum Nos. 1 and 2 can be found at: https://www.malibucity.org/487/DocumentsResources 45
but rather clarifies, refines, makes minor modifications and updates the information considered in the Final EIR and makes appropriate minor modifications to the mitigation measures contained therein.
2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Staff Analysis: No substantial changes have occurred with respect to the circumstances under which the approved Case project and its required mitigation measures will be implemented. In addition, no new significant environmental effects have been identified and no substantial increase in the severity of a previously identified significant impact would occur. The Final EIR reviewed the environmental impacts of a 12,500 square foot skatepark and the same size skatepark is proposed. 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR.
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Staff Analysis: The proposed project would not result in any new significant impacts on the environment based upon the analysis and conclusions presented in Addendum No. 2 to the Final EIR. In addition, previously identified potentially significant impacts would not be substantially more severe than shown in the previous EIR. Finally, no new feasible mitigation measures have been identified that would substantially reduce potentially significant impacts identified in the Final EIR.
As discussed above, staff has not identified any of these factors that would make a subsequent EIR necessary for the project.
The Planning Commission must consider Addendum No. 3 with the Final EIR prior to making its decision on the revised project.
46
Surrounding Land Uses and Project Setting
The subject property is located south of Pacific Coast Highway in central Malibu, adjacent to Malibu Bluffs Park and within the civic core of the City. The project includes the construction of a 12,500 square foot in-ground permanent skatepark, two-stall restroom building and related parking and improvements. The proposed skatepark would serve as an expansion to Malibu Bluffs Park. Table 1 provides a summary of the lot dimensions and lot area of the subject parcel.
Table 1 – Property Data
Lot Depth 111.8 feet
Lot Width 464.3 feet
Gross Lot Area 75,407 square feet (1.73 acres)
Street Easement None
Slopes 1 to 1 and Steeper None
Net Lot Area 75,407 square feet (1.73 acres)
*Net Lot Area = Gross Lot Area minus the area of access easements and 1 to 1 slopes The property is relatively flat and was previously graded as a result of the Case development. The property is accessible via Winter Mesa Drive which serves as access to Malibu Bluffs Park, curtailing from Pacific Coast Highway. The eastern portion of the property currently serves as a dirt parking lot for park visitors while the western portion hosts the temporary skatepark constructed in 2020. Pursuant to the LCP Environmentally Sensitive Habitat Area (ESHA) Overlay Map, the project site is not designated as ESHA; however, ESHA is located to the southwest of the subject property, beyond the baseball fields and grassy park areas.
Figure 3 – Existing Site Conditions
Source: City of Malibu, 2023
47
Land uses surrounding the project site include PCH and vacant land (across PCH) to the north, single-family homes under construction within the Case site to the east within the PD zoning district, and Winter Mesa Drive and Malibu Bluffs Park to the south and west in the OS zoning district.
Project Description
The proposed scope of work consists of development on two parcels within Malibu Bluffs Park (APNs 4458-018-904 and 4458-018-907) and includes:
a. 12,500 square foot in-ground permanent skatepark;
b. 146 square foot, 12 foot tall, two-stall restroom structure; c. Parking and drop off area including 28 standard parking spaces, six carpool/vanpool/electric vehicle spaces, and two ADA spaces; d. Two bioretention basins;
e. New crosswalk across Winter Mesa Drive;
f. Landscaping;
g. Eight-foot-tall perimeter fencing; and
h. 3,022 cubic yards of exempt grading.
The temporary skate park will be removed upon construction of the permanent skatepark.
Project renderings are included as Attachment 3.
LCP Analysis
The LCP consists of the Land Use Plan (LUP) and the LIP. The LUP contains programs and policies implementing the Coastal Act in Malibu. The LIP contains provisions to carry out the policies of the LUP to which every project requiring a coastal development permit must adhere.
There are 14 LIP chapters that potentially apply depending on the nature and location of the project. Of these, five are for conformance review only and contain no findings: 1) Zoning, 2) Grading, 3) Archaeological/Cultural Resources, 4) Water Quality, and 5) OWTS. These chapters are discussed in the LIP Conformance Analysis section.
The nine remaining LIP chapters contain required findings: 1) Coastal Development Permit; 2) ESHA; 3) Native Tree Protection; 4) Scenic, Visual and Hillside Resource Protection; 5) Transfer of Development Credits; 6) Hazards; 7) Shoreline and Bluff Development; 8) Public Access; and 9) Land Division. For the reasons described in this report, including the project site, the scope of work, and substantial evidence in the record, only findings in the following chapters are applicable to the proposed project: Coastal Development Permit, Scenic, Visual and Hillside Resource Protection and Hazards.2 These chapters are discussed in the LIP Findings section of this report. 2 The ESHA, Native Tree Protection, Transfer of Development Credits, Shoreline and Bluff Development, Public Access, and Land Division findings are neither applicable nor required for the proposed project. 48
LIP Conformance Analysis
The Planning Department, City Biologist, City Public Works Department, and City geotechnical staff reviewed the proposed project (Attachment 4 – Department Review Sheets). These City specialists found the project, as proposed and conditioned, to be consistent with all applicable LCP codes, standards, goals and policies.
Site Design, Parking and Fencing (LIP Chapter 3)
The proposed project is subject to development and design standards set forth for the PD District under LIP Chapter 3, particularly LIP Section 3.3(Q)(4). These are the development standards created especially for the Case project. For Lot 7, the code addresses site design (including grading), parking and fencing. Table 2 provides a summary and indicates the project meets those standards.
Table 2 – Zoning Conformance
Development Requirement Allowed/Required Proposed Comments PARKING 36 based on parking study 36 Complies
FENCING HEIGHT (ft.) 8 feet 8 feet Complies
NON-EXEMPT GRADING
(cu.yd.)
1,000 cu. yd. per acre except for
grading required for sports fields
and skateparks
3,022 cu. yd.
total for the
skatepark
Complies/
Exempt
As shown in Table 2, the proposed project conforms to the development standards set forth under LIP Chapter 3. LIP Section 3.3(Q)(4)(c)(ii) requires that a parking study be prepared to determine the proper amount of parking for the skatepark. In May of 2023, Kimley Horn prepared a parking study which concluded that 36 spaces were adequate to accommodate the skatepark. The project proposes 36 parking spaces, including two ADA accessible spaces. The project elements within the skatepark will not exceed eight feet in height. The proposed project has been determined to be consistent with all applicable LCP codes, standards, goals, and policies.
Grading (LIP Chapter 3)
LIP Section 3.3(Q)(4)(c) ensures that all new park facilities in Lot 7 shall be limited to not more than 1,000 cubic yards of non-exempt grading per acre, except that grading required for sports fields and skate parks designed to accommodate commonly accepted facility dimensions shall be exempt from the limitations. The skatepark includes 3,022 cubic yards of exempt grading for the construction of the in-ground skatepark elements. Out of the total grading, 2,636 cubic yards is cut and 386 is fill. Grading for a skatepark is mostly understructure to accommodate the skate infrastructure almost entirely below grade. The proposed project complies with LCP grading requirements. 49
Archaeological / Cultural Resources (LIP Chapter 11)
LIP Chapter 11 requires certain procedures be followed to determine potential impacts on archaeological resources. In July 2007, Robert J. Wlodarski of Historical, Environmental, Archaeological, Research Team (H.E.A.R.T), Inc. prepared a Phase I Archaeological Survey for the Case project, including the subject property. No indication of prehistoric or historic archaeological resources was discovered in the project area. The study determined that any proposed improvements should have no adverse impacts to known cultural resources. In June 2013, an updated Phase 1 Archaeological Survey was submitted and concluded that any proposed modification to the project area will have no adverse impact on known cultural resources.
Although the project site does not contain any geologic features or known palaeontologic resources, portions of the Case site are underlain by older Quaternary alluvial sediments and Monterey Formation deposits which have produced paleontological remains (fossils) on other sites. Thus, the Final EIR included Mitigation Measures 4-1 and 4-2 requiring that a qualified archeologist and Native American monitor of Chumash descent be present to monitor all ground disturbing activities and coordinate the disposition of any resources.
Installation of the skatepark on Lot 7 will require 3,022 cubic yards of grading. Because there is a small chance that grading activities could uncover paleontological resources, Mitigation Measures 4-1 and 4-2 would apply to the proposed project, requiring monitoring during earthmoving activities and the appropriate handling of any resources. A condition of approval is included in Planning Commission Resolution No. 23-52 to include Mitigation Measures 4-1 and 4-2.
Water Quality (LIP Chapter 17)
The City Public Works Department reviewed and approved the proposed project for conformance with LIP Chapter 17 requirements for water quality protection. Standard conditions of approval include the implementation of approved storm water management plans during construction activities and for the life of the project (to manage runoff from the development). With the implementation of these conditions, the proposed project conforms to the water quality protection standards of LIP Chapter 17.
Wastewater Treatment System Standards (LIP Chapter 18)
LIP Chapter 18 addresses OWTS. LIP Section 18.7 includes specific siting, design, and performance requirements. The proposed project does not include a new OWTS. The skatepark will be served by the public restrooms proposed and additional restrooms located at Malibu Bluffs Park. No seepage pits will be located on Lot 7. The Malibu Bluffs Park property and Case project are connected to the Civic Center Wastewater Treatment Facility. The treatment plant has the capacity to take on the proposed fixtures as determined by the City’s Public Works Department.
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LIP Findings
A. Coastal Development Permit (LIP Chapter 13)
LIP Section 13.9 requires that the following four findings be made for all coastal development permits.
Finding 1. That the project as described in the application and accompanying materials, as modified by any conditions of approval, conforms with the certified City of Malibu Local Coastal Program.
The proposed project is located in the PD and OS zoning districts, which are areas designated for recreation. The Planning Department, City Biologist, City Public Works Department, and City geotechnical consultant reviewers, Los Angeles County Fire Department (LACFD) and Los Angeles County Waterworks District. No. 29 (WD29) have reviewed the project for conformance with the LCP. As discussed herein, based on submitted reports, project plans, visual analysis, and site investigation, the proposed project, as conditioned, conforms to the LCP in that it meets all applicable development standards.
Finding 2. If the project is located between the first public road and the sea, that the project is in conformity to the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code).
The proposed project is not located between the first public road and the sea and therefore, this finding does not apply.
Finding 3. The project is the least environmentally damaging alternative.
This analysis assesses whether alternatives to the proposed project would significantly lessen adverse impacts to coastal resources. There are no sensitive coastal resources on the site, including scenic or biological resources.
Alternate Project – The Final EIR also considered ballfields on Lot 7. However, construction of ballfields would have similar impacts to the proposed temporary skatepark and would not meet the Council’s goal of providing a skating facility for the public.
Proposed Project – A 12,500 square foot skatepark was considered as part of the Final EIR for the Case project. The proposed project meets all the development standards for Lot 7. The Planning Department, City Biologist, City Public Works Department, City geotechnical consultant reviewers, and County agencies have reviewed the proposed project and determined it meets all applicable development standards and policies of the State and local law. The proposed project has been determined not to result in adverse biological, scenic or visual resource impacts, and is the least environmentally damaging feasible alternative.
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