Agenda packet, first session — Malibu City Council, March 25, 2024 (part 1 of 2)

Meeting Agenda
240325_AGENDA_.PDF
Item 3B2
Approve Warrants
240325_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
240325_ITEM 3B3.PDF
Item 3B4
Mayors’ Monarch Pledge
240325_ITEM 3B4.PDF
Item 3B5
Trancas Canyon Park Playground Resurfacing Project
240325_ITEM 3B5.PDF
Item 3B6
Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH
240325_ITEM 3B6.PDF
Item 3B7
Investment Report for the Month Ending February 29, 2024 240325_ITEM 3B7.PDF

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. Documents:

Investment Report for the Month Ending February 29, 2024 240325_ITEM 3B7.PDF
Item 3B8
Townsend Public Affairs Inc. Grant Writing Services Report 240325_ITEM 3B8.PDF
Item 4A
Ordinance No. 516 to Amend Malibu Municipal Code 2.04.030 and Modify the Official Holidays of the City of Malibu
240325_ITEM 4A.PDF
Item 4B
Amendment to Malibu Municipal Code Chapters 15.40, 15.42, and 15.44 To Requires Additional OWTS Requirements for Home Occupation Uses that Place Additional Strain on the OWTS
240325_ITEM 4B.PDF
Item 4C
Updated Developer Fee Program for the Benefit of the Consolidated Fire Protection District of Los Angeles County
240325_ITEM 4C.PDF
Item 4D
Appeal No. 23-004 - Appeal of Planning Commission Resolution No. 23-24 (22959 Pacific Coast Highway; Appellant: Malibu Township Council; Applicant: Burdge and Associates Architects, Inc.; Property Owner: Surfrider Plaza, LLC) 240325_ITEM 4D.PDF
Item 7A
Council Appointment to the Parks and Recreation Commission 240325ITEM 7A.PDF
Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:

Item 7A
Council Appointment to the Parks and Recreation Commission 240325_ITEM 7A.PDF

13. Documents:

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

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

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

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

Malibu City Council
Regular Meeting Agenda
Monday, March 25, 2024
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/84313090710
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – March 14, 2024
Approval of Agenda
City Council Regular Meeting Agenda Page - 2 - March 25, 2024

1. Ceremonial/Presentations
A. Recognition of Environmental Sustainability Director Yolanda Bundy’s receipt of the Los Angeles Basin Section Supervisor of the Year Award from the California Water Environment Association B. Los Angeles County Fire Brigade Program Update

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

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

3. Consent Calendar

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.

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 71806-71926 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. 743 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,289,895.43. City of Malibu payroll check number 5416-5418 and ACH deposits were issued in the amount of $409,341.98.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224 City Council Regular Meeting Agenda Page - 3 - March 25, 2024

3. Approval of Minutes
Recommended Action: Approve the minutes for the October 12, 2023 Malibu City Council Special meeting, October 23, 2023 Malibu City Council Regular meeting, November 13, 2023 Malibu City Council Regular meeting, November 27, 2023 Malibu City Council Regular meeting, and December 11, 2023 Malibu City Council Regular meeting.

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

4. Mayors’ Monarch Pledge
Recommended Action: 1) Authorize Mayor Uhring to sign the National Wildlife Federation Mayors’ Monarch Pledge, renewing the City’s commitment to save the monarch butterfly; and 2) Direct staff to implement measures to meet the commitments of the Mayors’ Monarch Pledge in support of monarch and pollinator conservation in the Malibu community.

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

5. Trancas Canyon Park Playground Resurfacing Project
Recommended Action: 1) Approve the award and authorize the Mayor to execute a construction contract with Robertson Industries, Inc. in the amount of $197,151.31 for the construction of the Trancas Canyon Park Playground Resurfacing, Specification No. 2109; and 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount.

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

6. Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH
Recommended Action: 1) Adopt Resolution No. 24-14 advocating for changes to the California State Vehicle Code and requesting State and County officials work collaboratively to increase safety on Pacific Coast Highway, and 2) Authorize the City Manager to send a letter to named officials in the resolution along with the resolution to advocate for these changes.

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

7. Investment Report for the Month Ending February 29, 2024 Recommended Action: Receive the Investment Report for the month ending February 29, 2024.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224 City Council Regular Meeting Agenda Page - 4 - March 25, 2024

8. Townsend Public Affairs Inc. Grant Writing Services Report Recommended Action: Receive and file a grant writing services report provided by consultant Townsend Public Affairs.

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

4. Ordinances and Public Hearings
A. Ordinance No. 516 to Amend Malibu Municipal Code 2.04.030 and Modify the Official Holidays of the City of Malibu
Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 516 amending Malibu Municipal Code Section 2.04.030 regarding City holidays to include Juneteenth as a City holiday and instituting a Winter Closure and amending the definition of holiday in Malibu Municipal Code Section 8.24.030; 2) Direct Staff to schedule second reading and adoption of Ordinance No. 516 for the March 25, 2025 City Council meeting; and 3) Adopt Resolution No. 24-13 amending Personnel System Rules Section 15.1 of Resolution No. 15-08.

Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300 B. Amendment to Malibu Municipal Code Chapters 15.40, 15.42, and 15.44 To Requires Additional OWTS Requirements for Home Occupation Uses that Place Additional Strain on the OWTS Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 517 determining the project is categorically exempt from the California Environmental Quality Act and amending Chapters 15.40, 15.42 and 15.44 of the Malibu Municipal Code (MMC); and 2) Direct staff to schedule second reading and adoption of Ordinance No. 517 for the April 8, 2024 City Council meeting.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229 C. Updated Developer Fee Program for the Benefit of the Consolidated Fire Protection District of Los Angeles County
Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 24-12, adopting the updated developer fee and fire station plan for the benefit of the Consolidated Fire Protection District of Los Angeles County (District) and rescinding Resolution No. 23-12.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229 D. Appeal No. 23-004 - Appeal of Planning Commission Resolution No. 23-24 (22959 Pacific Coast Highway; Appellant: Malibu Township Council; Applicant: Burdge and Associates Architects, Inc.; Property Owner: Surfrider Plaza, LLC)
Recommended Action: Continue the item to the May 13, 2024 Regular City Council meeting.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 City Council Regular Meeting Agenda Page - 5 - March 25, 2024

5. Old Business
None.

6. New Business
None.

7. Council Items
A. Council Appointment to the Parks and Recreation Commission Recommended Action: Councilmember Riggins may make a new appointment to the Parks and Recreation Commission.

Staff Contact: City Manager McClary, 456-2489, ext. 226 Adjournment
Future Meetings
Monday, April 8, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, April 22, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, April 24, 2024 6:00 p.m. Special City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

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

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

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

City Council Regular Meeting Agenda Page - 6 - March 25, 2024 Public speakers shall follow the rules as set forth under Oral Communication For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. All other testimony shall follow the rules as set forth under Oral Communication.

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

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

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

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

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

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

Requests to show an audio or video presentation during a Council meeting should be directed to the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 14th day of March 2024 at 6:00 p.m.

Kelsey Pettijohn, City Clerk
WARRANT REGISTER NO. 743
On March 25, 2024, the Malibu City Council allowed and approved warrant demand numbers 71806-71926 from the General Fund. The City Manager is hereby directed to pay out the funds named hereon to each of the claimants listed, the amount appearing opposite their name for the purpose stated on the respective demands, making a total of $2,289,895.43. City of Malibu payroll check numbers 5416-5418 and ACH deposits were issued in the amount of $409,341.98.

PASSED, APPROVED and ADOPTED this 25th 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 $2,699,237.41 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 14th day of March 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
3-25-24
Item

3.B.2.

DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Accounts Payable
User:

Printed:
sflores
3/13/2024 8:02 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71806 13STARS 13 Stars Media 02/29/2024 0.00 1,124.02
71807 CASTRATE California Strategies & Advocacy LLC 02/29/2024 0.00 12,500.00 71808 CLIMATED Climatec LLC 02/29/2024 0.00 1,920.00
71809 COTTON Cotton,Shires & Associates,Inc 02/29/2024 0.00 63,809.63 71810 CSGCON CSG Consultants, Inc. 02/29/2024 0.00 5,652.50 71811 DAMLAINC DAMLA Inc 02/29/2024 0.00 54,557.53
71812 DFMASSO DFM Associates 02/29/2024 0.00 75.08
71813 DOCUSIGN DocuSign, Inc. 02/29/2024 0.00 15,525.00 71814 ESA Environmental Science Associates 02/29/2024 0.00 25,224.07 71815 EVILTWIN Evil Twin 02/29/2024 0.00 348.00
71816 GIINDUS G.I. Industries 02/29/2024 0.00 1,058.56
71817 GOVCONN GovConnection Inc 02/29/2024 0.00 2,137.01 71818 Grainger W.W. Grainger,Inc 02/29/2024 0.00 688.29 71819 HARNISHJ Jaime Harnish 02/29/2024 0.00 396.00
71820 HOMEPRO HD Supply Facilties Maintenance, Ltd 02/29/2024 0.00 1,121.97 71821 KASSOYWJ William & Jennifer Kassoy 02/29/2024 0.00 396.00 71822 LACOAGRI LA Co Agricultural Commissioner 02/29/2024 0.00 31,579.10 71823 LACOANI LA Co Animal Care & Control 02/29/2024 0.00 16,663.34 71824 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/29/2024 0.00 75.00 71825 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/29/2024 0.00 75.00 71826 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/29/2024 0.00 75.00 71827 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/29/2024 0.00 75.00 71828 MALIBUJC Malibu Jewish Center & Synagogue 02/29/2024 0.00 2,981.00 71829 MALICOM Malibu Comm Labor Exchange 02/29/2024 0.00 825.00 71830 MEF Malibu Education Foundation 02/29/2024 0.00 200,000.00 71831 MISTROB Wink Roberts 02/29/2024 0.00 1,078.02
71832 NAWT Natl Assoc of Wastewater Technicians Inc 02/29/2024 0.00 4,641.75 71833 NEXTIVA Nextiva, Inc. 02/29/2024 0.00 4,220.50
71834 PARSARS Public Agency Retirement Srvcs 02/29/2024 0.00 300.00 71835 PRECISI Precision Business Machine Inc 02/29/2024 0.00 95.00 71836 RPBARRI R P Barricade, Inc. 02/29/2024 0.00 623.69 71837 RSCOMMUN Richard W Smith 02/29/2024 0.00 1,205.50 71838 RSCOMMUN Richard W Smith 02/29/2024 0.00 8,473.10 71839 SOLIDWA Solid Waste Solutions, Inc. 02/29/2024 0.00 1,077.75 71840 STAPLES Staples Contract & Commercial LLC 02/29/2024 0.00 921.79 71841 WESTCO Westco Contractors Inc 02/29/2024 0.00 450.00 71842 XEROXFIN Xerox Corporation 02/29/2024 0.00 783.40 71843 CASTDIS California State Disbursement Unit 02/29/2024 0.00 339.69 71844 ICMA457 ICMA-MissionSquare Retirement - 303615 02/29/2024 0.00 17,176.57 71845 ICMACM ICMA-MissionSquare Retirement - 108658 02/29/2024 0.00 600.00 71846 STANDARD Standard Insurance Company N2 02/29/2024 0.00 8,284.83 71847 USBANK2 U.S. Bank 02/29/2024 0.00 1,396.32
71848 LACOFIRE County of Los Angeles Fire Dep 03/05/2024 0.00 3,447.52 71849 13STARS 13 Stars Media 03/07/2024 0.00 389.38
71850 4LEAF 4LEAF, Inc 03/07/2024 0.00 24,360.02
71851 AMERGUAR American Guard Services, Inc 03/07/2024 0.00 2,612.16 71852 ASOCREAL Malibu Association of Realtors 03/07/2024 0.00 1,632.00 AP Checks by Date - Summary by Check Number (3/13/2024 8:02 AM) Page 1 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71853 BADMET Badger Meter, Inc. 03/07/2024 0.00 40.04
71854 BBK Best Best & Krieger LLP 03/07/2024 0.00 100,202.78 71855 BELLIN Linda Bell 03/07/2024 0.00 60.00
71856 BIXWIL William Bixler 03/07/2024 0.00 200.00
71857 BURNS Burns Pacific Construction Inc 03/07/2024 0.00 18,149.47 71858 CAFJILL Jillian Caforio 03/07/2024 0.00 50.00
71859 CALPEACE A Call 2Peace Foundation 03/07/2024 0.00 200.00 71860 CHAVEZL Larry Chavez 03/07/2024 0.00 1,170.00
71861 CHEVRON2 Wright Express FSC Wex Bank 03/07/2024 0.00 1,971.32 71862 CJBIOMON Courtney Jean McCammon 03/07/2024 0.00 24,700.00 71863 CROYVO Yvonne Crow 03/07/2024 0.00 350.00
71864 CRPRINT CR PRINT 03/07/2024 0.00 631.31
71865 DAPEERR Dapeer Rosenblit & Litvak LLP 03/07/2024 0.00 847.20 71866 DEPTTRA State of California Department of Transportation 03/07/2024 0.00 17,689.97 71867 DESSUE SueCarol Desfor 03/07/2024 0.00 30.00
71868 DIMALJIN Jingo G. Dimalanta 03/07/2024 0.00 170.00 71869 DOWERKIM Kim Dower 03/07/2024 0.00 150.00
71870 ENHANCED Landscape Development, Inc. 03/07/2024 0.00 45,820.00 71871 EXCELOFF Excel Office Services 03/07/2024 0.00 2,036.09 71872 FOXWEATH Fox Weather, LLC 03/07/2024 0.00 700.00
71873 FRONTIER Frontier California Inc 03/07/2024 0.00 2,476.17 71874 GIINDUS G.I. Industries 03/07/2024 0.00 220.26
71875 GMZENG GMZ Engineering Inc 03/07/2024 0.00 421,895.00 71876 HURDGEO George Hurd 03/07/2024 0.00 30.00
71877 J&HENG J & H Engineering General Contractors Inc 03/07/2024 0.00 69,304.88 71878 KAZSON Sonia Kazarova 03/07/2024 0.00 200.00
71879 KENNEYP Patrick Kenney 03/07/2024 0.00 200.00
71880 KIMLEY Kimley-Horn and Associates Inc 03/07/2024 0.00 51,050.37 71881 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/07/2024 0.00 75.00 71882 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/07/2024 0.00 75.00 71883 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/07/2024 0.00 75.00 71884 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/07/2024 0.00 75.00 71885 LACOSHE LA Co Sheriff's Department 03/07/2024 0.00 883,680.99 71886 LEMMOR Richard Lemmo 03/07/2024 0.00 50.00
71887 LIGAY Jay Lightburne 03/07/2024 0.00 30.00
71888 LKJPPRO Lisa A. Burns 03/07/2024 0.00 1,000.00
71889 MANMIC Michael Anthony Manfredo 03/07/2024 0.00 250.00 71890 MARINMAY Maylin Marin 03/07/2024 0.00 350.00
71891 MNS MNS Engineers, Inc. 03/07/2024 0.00 1,325.00
71892 MOUNC Colleen Mountain 03/07/2024 0.00 350.00
71893 MRGLLC Municipal Resource Group LLC 03/07/2024 0.00 9,000.00 71894 NEXTREQ NextRequest 03/07/2024 0.00 14,325.61
71895 NOFROX Nofretiri Ketah-Roxas 03/07/2024 0.00 350.00 71896 NOONWI Willow Noonan 03/07/2024 0.00 100.00
71897 PAGTRI Tricia Page 03/07/2024 0.00 30.00
71898 PELTAL Taleena Pelayo 03/07/2024 0.00 350.00
71899 PEOPCON Ocean Park Community Center 03/07/2024 0.00 40,172.00 71900 POPJOE Joell Marie Poppen 03/07/2024 0.00 225.00
71901 PRECISI Precision Business Machine Inc 03/07/2024 0.00 186.16 71902 RAMFED Federico Ramos 03/07/2024 0.00 200.00
71903 READYREF Nestle Waters North America Inc 03/07/2024 0.00 286.49 71904 RINCONC Rincon Consultants, Inc 03/07/2024 0.00 17,444.50 71905 RPBARRI R P Barricade, Inc. 03/07/2024 0.00 120.66 71906 RUIHUM Humberto Ruiz 03/07/2024 0.00 350.00
71907 SALJER Jerry Salazar 03/07/2024 0.00 350.00
71908 SCAFCA SCA of CA, LLC 03/07/2024 0.00 6,900.00
71909 STATECO State Controller's Office 03/07/2024 0.00 3,590.73 AP Checks by Date - Summary by Check Number (3/13/2024 8:02 AM) Page 2 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71910 SUIISA Isabelle Sui 03/07/2024 0.00 250.00
71911 SZILLI Lisa Szilagyi 03/07/2024 0.00 250.00
71912 TMOBILE T-Mobile USA Inc 03/07/2024 0.00 261.33
71913 TOSHIBA US Bank National Association 03/07/2024 0.00 2,036.92 71914 TOTALGRA Brian Shore 03/07/2024 0.00 1,828.89
71915 TRENCH Tom Malloy Corporation 03/07/2024 0.00 1,848.00 71916 UCSB The University of California, Santa Barbara 03/07/2024 0.00 66.00 71917 UHRIS Steve Uhring 03/07/2024 0.00 27.45
71918 ULTMAINT Ultimate Maintenance Services Inc 03/07/2024 0.00 3,675.00 71919 UNDERGR Underground Service Alert/SC 03/07/2024 0.00 88.75 71920 VENTTRA Ventura Transit System, Inc. 03/07/2024 0.00 11,386.00 71921 WAGRON Ronald A. Wagner 03/07/2024 0.00 200.00
71922 WEBB Kevin Webb 03/07/2024 0.00 150.00
71923 WOODCURR Woodard & Curran Inc. 03/07/2024 0.00 2,244.00 71924 WOONIKK Nikki Woolley 03/07/2024 0.00 350.00
71925 WRIKRI Kristina Wright 03/07/2024 0.00 350.00
71926 YARKAT Kathryn Yarnell 03/07/2024 0.00 30.00
Report Total (121 checks): 0.00 2,289,895.43
AP Checks by Date - Summary by Check Number (3/13/2024 8:02 AM) Page 3 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 User:

Printed: 03/13/2024 - 8:03AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00071806 To: 00071926
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-3202-00 Film Permit Fees Evil Twin Ref- Film Permit No. 23-318, 1 Day 71815 348.00 Vendor Subtotal for Section 2:0000 348.00
Section 2:0000
100-0000-3461-00 Municipal Facility Use Fee Malibu Association of Realtors Ref- City Hall Theater Use Fee 10/4/23 71852 309.00 Vendor Subtotal for Section 2:0000 309.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Linda Bell Ref- Sr Excursion Feb '24 (2) 71855 60.00 Vendor Subtotal for Section 2:0000 60.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee SueCarol Desfor Ref- Sr Excursion Feb '24 71867 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee George Hurd Ref- Sr Excursion Feb '24 71876 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Tricia Page Ref- Sr Excursion Feb '24 71897 30.00 AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 1 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Kathryn Yarnell Ref- Sr Excursion Feb '24 71926 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Jay Lightburne Ref- Music Together Cancelled 1/31/24 71887 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3472-00 Special Events Fees Yvonne Crow Ref- 2024 Chumash Day Vendor Application 71863 350.00 Vendor Subtotal for Section 2:0000 350.00
Section 2:0000
100-0000-3472-00 Special Events Fees Maylin Marin Ref- 2024 Chumash Day Vendor Application 71890 350.00 Vendor Subtotal for Section 2:0000 350.00
Section 2:0000
100-0000-3472-00 Special Events Fees Colleen Mountain Ref- 2024 Chumash Day Vendor Application 71892 350.00 Vendor Subtotal for Section 2:0000 350.00
Section 2:0000
100-0000-3472-00 Special Events Fees Nofretiri Ketah-Roxas Ref- 2024 Chumash Day Vendor Application 71895 350.00 Vendor Subtotal for Section 2:0000 350.00
Section 2:0000
100-0000-3472-00 Special Events Fees Taleena Pelayo Ref- 2024 Chumash Day Vendor Application 71898 350.00 Vendor Subtotal for Section 2:0000 350.00
Section 2:0000
100-0000-3472-00 Special Events Fees Humberto Ruiz Ref- 2024 Chumash Day Vendor Application 71906 350.00 AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 2 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 350.00
Section 2:0000
100-0000-3472-00 Special Events Fees Jerry Salazar Ref- 2024 Chumash Day Vendor Application 71907 350.00 Vendor Subtotal for Section 2:0000 350.00
Section 2:0000
100-0000-3472-00 Special Events Fees Nikki Woolley Ref- 2024 Chumash Day Vendor Application 71924 350.00 Vendor Subtotal for Section 2:0000 350.00
Section 2:0000
100-0000-3472-00 Special Events Fees Kristina Wright Ref- 2024 Chumash Day Vendor Application 71925 350.00 Vendor Subtotal for Section 2:0000 350.00
Section 2:3001
100-3001-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -134.71 Vendor Subtotal for Section 2:3001 -134.71
Section 2:3001
100-3001-5100-00 Professional Services Fox Weather, LLC Weather Forecasting Svcs - Feb '24 71872 700.00 Vendor Subtotal for Section 2:3001 700.00
Section 2:3001
100-3001-5121-01 Street Sweeping SCA of CA, LLC Street Sweeping Svcs - Jan '24 71908 6,900.00 Vendor Subtotal for Section 2:3001 6,900.00
Section 2:3001
100-3001-5123-01 Culvert Cleaning Burns Pacific Construction Inc Task 3: Storm Drain Maint - Jan '24 71857 18,149.47 Vendor Subtotal for Section 2:3001 18,149.47
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 3 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:3001
100-3001-5123-01 Culvert Cleaning Lisa A. Burns Disposal Fees - Jan '24 71888 1,000.00 Vendor Subtotal for Section 2:3001 1,000.00
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance State of California Department of Transportation PCH Signal Maint Oct to Dec '23 71866 17,689.97 Vendor Subtotal for Section 2:3001 17,689.97
Section 2:3001
100-3001-6160-00 Operating Supplies R P Barricade, Inc. PW - No Parking Sign 71905 120.66 Vendor Subtotal for Section 2:3001 120.66
Section 2:3001
100-3001-6160-00 Operating Supplies Underground Service Alert/SC Dig Alerts - Jan '24 71919 88.75 Vendor Subtotal for Section 2:3001 88.75
Section 2:3008
100-3008-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -271.35 Vendor Subtotal for Section 2:3008 -271.35
Section 2:3008
100-3008-5100-00 Professional Services American Guard Services, Inc Crossing Guard Program - Jan '24 71851 2,612.16 Vendor Subtotal for Section 2:3008 2,612.16
Section 2:3008
100-3008-5100-00 Professional Services MNS Engineers, Inc. Task 10: GIS Data Svcs - Jan '24 71891 1,325.00 Vendor Subtotal for Section 2:3008 1,325.00
Section 2:3008
100-3008-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Public Works 71840 27.75 AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 4 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3008 27.75
Section 2:4001
100-4001-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -156.93 Vendor Subtotal for Section 2:4001 -156.93
Section 2:4001
100-4001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Youth Commission 2/8/24 71806 52.02 100-4001-5401-00 Advertising & Noticing 13 Stars Media Ad - Youth Commission 2/8/24 71806 268.00 Vendor Subtotal for Section 2:4001 320.02
Section 2:4001
100-4001-5401-00 Advertising & Noticing Brian Shore Banners - Spring 2024 Recreation Guides 71914 238.28 Vendor Subtotal for Section 2:4001 238.28
Section 2:4001
100-4001-6160-00 Operating Supplies Nestle Waters North America Inc Water - MHS & Bluffs Staff 12/13/23 - 1/12/24 71903 65.67 100-4001-6160-00 Operating Supplies Nestle Waters North America Inc Water - MHS & Bluffs Staff 11/13 - 12/12/23 71903 105.00 100-4001-6160-00 Operating Supplies Nestle Waters North America Inc Water - MHS & Bluffs Staff 1/13 - 2/12/24 71903 -42.84 100-4001-6160-00 Operating Supplies Nestle Waters North America Inc Water - MHS & Bluffs Staff 10/13 - 11/12/23 71903 158.66 Vendor Subtotal for Section 2:4001 286.49
Section 2:4002
100-4002-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -15.89 Vendor Subtotal for Section 2:4002 -15.89
Section 2:4002
100-4002-5300-00 Travel and Training Kevin Webb Reimb- Lifeguard Certification Course K. Webb 2/4/24 71922 150.00 Vendor Subtotal for Section 2:4002 150.00
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 5 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:4002
100-4002-6160-00 Operating Supplies R P Barricade, Inc. Bike Barricades for Pool Office 1/27 - 2/8/24 71836 263.69 100-4002-6160-00 Operating Supplies R P Barricade, Inc. Bike Barricades for Pool Office - Jan '24 71836 360.00 Vendor Subtotal for Section 2:4002 623.69
Section 2:4006
100-4006-5107-00 Contract Personnel Larry Chavez Youth/Middle School Basketball Referee Assignor Fees 71860 800.00 100-4006-5107-00 Contract Personnel Larry Chavez Referee - Youth/Middle School Basketball 2/9 - 2/10/24 71860 370.00 Vendor Subtotal for Section 2:4006 1,170.00
Section 2:4006
100-4006-5107-00 Contract Personnel Jingo G. Dimalanta Referee- Youth/Middle School Basketball 2/10/24 71868 170.00 Vendor Subtotal for Section 2:4006 170.00
Section 2:4006
100-4006-5107-00 Contract Personnel Patrick Kenney Referee- Middle School Basketball 2/9/24 71879 200.00 Vendor Subtotal for Section 2:4006 200.00
Section 2:4006
100-4006-5107-00 Contract Personnel Richard Lemmo Referee- Youth Basketball 2/10/24 71886 50.00 Vendor Subtotal for Section 2:4006 50.00
Section 2:4007
100-4007-5107-00 Contract Personnel Michael Anthony Manfredo Instructor - Photography Workshop 2/28/24 71889 250.00 Vendor Subtotal for Section 2:4007 250.00
Section 2:4007
100-4007-5401-00 Advertising & Noticing Brian Shore Banners - Spring 2024 Park Tales 71914 137.54 Vendor Subtotal for Section 2:4007 137.54
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 6 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:4008
100-4008-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -24.87 Vendor Subtotal for Section 2:4008 -24.87
Section 2:4008
100-4008-5107-00 Contract Personnel Joell Marie Poppen Sr Luncheon Entertainment 3/28/24 71900 225.00 Vendor Subtotal for Section 2:4008 225.00
Section 2:4010
100-4010-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -63.46 Vendor Subtotal for Section 2:4010 -63.46
Section 2:4010
100-4010-5100-00 Professional Services Landscape Development, Inc. City Parks Landscape Maint/Liners - Feb '24 71870 27,371.45 Vendor Subtotal for Section 2:4010 27,371.45
Section 2:4010
100-4010-5100-00 Professional Services Ultimate Maintenance Services Inc City Parks Janitorial Svcs - Feb '24 71918 3,675.00 Vendor Subtotal for Section 2:4010 3,675.00
Section 2:4011
100-4011-5107-00 Contract Personnel County of Los Angeles Fire Dep Fire Safety Officers - Chumash Day 4/6 - 4/7/24 71848 3,447.52 Vendor Subtotal for Section 2:4011 3,447.52
Section 2:4011
100-4011-6160-00 Operating Supplies Brian Shore Signage - Chumash Day Powwow 4/6 - 4/7/24 71914 1,453.07 Vendor Subtotal for Section 2:4011 1,453.07
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 7 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:4012
100-4012-5107-00 Contract Personnel William Bixler Leigh McCloskey Art Exhibit Opening Performance 3/24/24 71856 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:4012
100-4012-5107-00 Contract Personnel A Call 2Peace Foundation Leigh McCloskey Art Exhibit Opening Performance 3/24/24 71859 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:4012
100-4012-5107-00 Contract Personnel Kim Dower Caffeinated Verse Poetry Workshop 2/17/24 71869 150.00 Vendor Subtotal for Section 2:4012 150.00
Section 2:4012
100-4012-5107-00 Contract Personnel Sonia Kazarova Leigh McCloskey Art Exhibit Opening Performance 3/24/24 71878 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:4012
100-4012-5107-00 Contract Personnel Federico Ramos Leigh McCloskey Art Exhibit Opening Performance 3/24/24 71902 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:4012
100-4012-5107-00 Contract Personnel Ronald A. Wagner Leigh McCloskey Art Exhibit Opening Performance 3/24/24 71921 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:7001
100-7001-5104-00 Lobbyist Services California Strategies & Advocacy LLC Lobbying Svcs - Feb '24 71807 12,500.00 Vendor Subtotal for Section 2:7001 12,500.00
Section 2:7001
100-7001-5930-02 Comm Grants-Malibu Edu Fndn Malibu Education Foundation FY 23/24 General Fund Grant - Pymt 1 71830 200,000.00 Vendor Subtotal for Section 2:7001 200,000.00
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 8 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:7001
100-7001-6160-00 Operating Supplies Steve Uhring Reimb- Book for State Park Meeting 71917 27.45 Vendor Subtotal for Section 2:7001 27.45
Section 2:7002
100-7002-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -81.84 Vendor Subtotal for Section 2:7002 -81.84
Section 2:7003
100-7003-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -165.24 Vendor Subtotal for Section 2:7003 -165.24
Section 2:7003
100-7003-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - City Manager 71840 19.73 100-7003-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - City Manager 71840 11.26 Vendor Subtotal for Section 2:7003 30.99
Section 2:7005
100-7005-5101-00 General Legal Counsel Best Best & Krieger LLP General Legal Counsel - Jan '24 71854 28,567.24 Vendor Subtotal for Section 2:7005 28,567.24
Section 2:7005
100-7005-5101-01 School District Separation Best Best & Krieger LLP School District Separation - Jan '24 71854 27,897.29 Vendor Subtotal for Section 2:7005 27,897.29
Section 2:7005
100-7005-5102-00 Litigation Best Best & Krieger LLP Litigation Svcs - Jan '24 71854 43,738.25 AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 9 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7005 43,738.25
Section 2:7005
100-7005-5103-00 Criminal Prosecution Dapeer Rosenblit & Litvak LLP City Prosecutor Svc - Jan '24 71865 847.20 Vendor Subtotal for Section 2:7005 847.20
Section 2:7007
100-7007-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -98.23 Vendor Subtotal for Section 2:7007 -98.23
Section 2:7007
100-7007-5100-00 Professional Services DocuSign, Inc. Docusign Subscription 1/25/24 - 1/24/25 71813 15,525.00 Vendor Subtotal for Section 2:7007 15,525.00
Section 2:7007
100-7007-5100-00 Professional Services NextRequest Annual Records Request Subscription 3/1/24 - 2/28/25 71894 14,325.61 Vendor Subtotal for Section 2:7007 14,325.61
Section 2:7007
100-7007-5150-00 Elections DFM Associates 2024 CA Elections Code Book 71812 75.08 Vendor Subtotal for Section 2:7007 75.08
Section 2:7021
100-7021-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -108.85 Vendor Subtotal for Section 2:7021 -108.85
Section 2:7021
100-7021-5106-00 Animal Control LA Co Animal Care & Control Animal Control - Jan '24 71823 16,663.34 AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 10 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 16,663.34
Section 2:7021
100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Lost Hills - Jan '24 71885 834,575.65 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Traffic Enforcement 1/7 - 1/28/24 71885 5,306.64 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Liaison 1/11 - 1/28/24 71885 21,131.04 Vendor Subtotal for Section 2:7021 861,013.33
Section 2:7021
100-7021-5116-00 Law Enforcement Services DAMLA Inc ATV Donation to LA County Sheriff's Beach Team (5) 71811 54,557.53 Vendor Subtotal for Section 2:7021 54,557.53
Section 2:7021
100-7021-5119-00 Homeless Outreach and Support Ocean Park Community Center Homeless Svcs - Jan '24 71899 40,172.00 Vendor Subtotal for Section 2:7021 40,172.00
Section 2:7021
100-7021-7800-00 Other Equipment Richard W Smith Fire Radio Chargers, Software, & Batteries 71837 1,205.50 100-7021-7800-00 Other Equipment Richard W Smith Fire Radios (3) 71838 8,473.10 Vendor Subtotal for Section 2:7021 9,678.60
Section 2:7054
100-7054-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -214.32 Vendor Subtotal for Section 2:7054 -214.32
Section 2:7054
100-7054-5100-00 Professional Services State Controller's Office FY 22/23 Annual Street Report Prep 71909 3,590.73 Vendor Subtotal for Section 2:7054 3,590.73
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 11 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:7054
100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 71840 269.98 Vendor Subtotal for Section 2:7054 269.98
Section 2:7058
100-7058-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -54.31 Vendor Subtotal for Section 2:7058 -54.31
Section 2:7058
100-7058-5320-00 Recruitment Expense Municipal Resource Group LLC HR Support Svcs - Jan '24 71893 9,000.00 Vendor Subtotal for Section 2:7058 9,000.00
Section 2:7059
100-7059-4205-00 Life Insurance Standard Insurance Company N2 PR 29.02.2024 Life Insurance-Rounding 71846 -0.07 Vendor Subtotal for Section 2:7059 -0.07
Section 2:7059
100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -15.41 100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD-Rounding 71846 0.03 Vendor Subtotal for Section 2:7059 -15.38
Section 2:7059
100-7059-5210-00 Service Fees & Charges Public Agency Retirement Srvcs PARS Admin Fee - Dec '23 71834 300.00 Vendor Subtotal for Section 2:7059 300.00
Section 2:7059
100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maint 1/17 - 2/16/24 71871 2,036.09 AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 12 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7059 2,036.09
Section 2:7059
100-7059-5640-00 Equipment Maintenance Frontier California Inc Bluffs Park Public Wifi 1/17 - 2/16/24 71873 144.82 100-7059-5640-00 Equipment Maintenance Frontier California Inc Bluffs Park Public Wifi 2/17 - 3/16/24 71873 150.07 Vendor Subtotal for Section 2:7059 294.89
Section 2:7059
100-7059-5640-00 Equipment Maintenance Precision Business Machine Inc Brother Printer Maintenance 71835 95.00 100-7059-5640-00 Equipment Maintenance Precision Business Machine Inc Personal Printer Maint 71901 186.16 Vendor Subtotal for Section 2:7059 281.16
Section 2:7059
100-7059-5640-00 Equipment Maintenance US Bank National Association Toshiba Leases 2/15 - 3/15/24 (4) 71913 2,036.92 Vendor Subtotal for Section 2:7059 2,036.92
Section 2:7059
100-7059-5721-00 Telephone Nextiva, Inc. City Hall Phone Svcs 2/18 - 3/17/24 71833 4,220.50 Vendor Subtotal for Section 2:7059 4,220.50
Section 2:7059
100-7059-5721-00 Telephone T-Mobile USA Inc Phones/iPads 1/21 - 2/20/24 71912 261.33 Vendor Subtotal for Section 2:7059 261.33
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - C70 CS - 2/20 - 3/19/24 71842 783.40 Vendor Subtotal for Section 2:7059 783.40
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 71840 593.07 Vendor Subtotal for Section 2:7059 593.07
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 13 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 100 1,441,430.35
Section 1: 101
Section 2:0000
101-0000-3421-00 Planning Review Fees Jaime Harnish Ref- PVD 24-001, 3952 Ridgemont Dr 71819 396.00 Vendor Subtotal for Section 2:0000 396.00
Section 2:0000
101-0000-3421-00 Planning Review Fees William & Jennifer Kassoy Ref- PVD 24-002, 29458 Bluewater Rd 71821 396.00 Vendor Subtotal for Section 2:0000 396.00
Section 2:0000
101-0000-3421-00 Planning Review Fees Malibu Jewish Center & Synagogue Ref- OLR 23-013, 24855 PCH 71828 2,981.00 Vendor Subtotal for Section 2:0000 2,981.00
Section 2:2001
101-2001-4205-00 Life Insurance Standard Insurance Company N2 PR 29.02.2024 Life Insurance-Valencia-Mar'24 71846 -8.60 Vendor Subtotal for Section 2:2001 -8.60
Section 2:2001
101-2001-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -543.14 Vendor Subtotal for Section 2:2001 -543.14
Section 2:2001
101-2001-5100-00 Professional Services Courtney Jean McCammon City Project Contract Biologist - Feb '24 71862 150.00 101-2001-5100-00 Professional Services Courtney Jean McCammon City Project Contract Biologist - Jan '24 71862 600.00 Vendor Subtotal for Section 2:2001 750.00
Section 2:2001
101-2001-5100-00 Professional Services CSG Consultants, Inc. Planning Consultant Svcs 12/30/23 - 1/26/24 71810 5,652.50 AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 14 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 5,652.50
Section 2:2001
101-2001-5100-01 Coastal Dev. Permit Services Courtney Jean McCammon Contract Biologist - Jan '24 71862 10,432.00 101-2001-5100-01 Coastal Dev. Permit Services Courtney Jean McCammon Contract Biologist - Feb '24 71862 10,516.00 Vendor Subtotal for Section 2:2001 20,948.00
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 20450 Roca Chica Dr - APR 21-006 71824 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 28872 Boniface Dr - APR 22-030 71825 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 29851 Pacific Coast Hwy - APR 22-069 71826 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5628 Calpine Dr - APRWF 22-007 71827 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 30125 Harvester Rd - CDPAWF 23-001 71881 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5947 Trancas Canyon Rd - APRWF 21-062 71882 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6621 Wandermere Rd - APRWF 22-001 71883 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6659 Wandermere Rd - APRWF 23-018 7184 75.00 Vendor Subtotal for Section 2:2001 600.00
Section 2:2001
101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 2/22/24 71849 125.46 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 21-Day 2/29/24 71849 122.40 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Coastal Commission 2/29/24 71849 141.52 Vendor Subtotal for Section 2:2001 389.38
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 71864 196.17 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 6100 Bonsall Dr 71864 162.78 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 71864 272.36 Vendor Subtotal for Section 2:2001 631.31
Section 2:2004
101-2004-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -352.91 AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 15 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2004 -352.91
Section 2:2004
101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geotech Reviews - Jan '24 71809 33,267.63 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Coastal Reviews - Jan '24 71809 8,098.00 Vendor Subtotal for Section 2:2004 41,365.63
Section 2:2004
101-2004-5100-00 Professional Services Environmental Science Associates Coastal Vulnerability Assessment - Through 1/31/24 71814 25,224.07 Vendor Subtotal for Section 2:2004 25,224.07
Section 2:2004
101-2004-5100-00 Professional Services Kimley-Horn and Associates Inc Task 10: Dark Sky Analysis - Jan '24 71880 27,500.00 Vendor Subtotal for Section 2:2004 27,500.00
Section 2:2004
101-2004-5100-00 Professional Services Natl Assoc of Wastewater Technicians Inc Inspector Training Certificate 71832 2,550.00 Vendor Subtotal for Section 2:2004 2,550.00
Section 2:2010
101-2010-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 70.41 Vendor Subtotal for Section 2:2010 70.41
Section 2:2010
101-2010-5100-00 Professional Services Cotton,Shires & Associates,Inc EH Reviews - Jan '24 71809 22,444.00 Vendor Subtotal for Section 2:2010 22,444.00
Section 2:2010
101-2010-5300-00 Travel and Training Natl Assoc of Wastewater Technicians Inc Inspector Training Books/Exam - NAWT 71832 1,500.00 Vendor Subtotal for Section 2:2010 1,500.00
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 16 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:2010
101-2010-6160-00 Operating Supplies Natl Assoc of Wastewater Technicians Inc NAWT Manuals 71832 591.75 Vendor Subtotal for Section 2:2010 591.75
Section 2:2012
101-2012-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -124.80 Vendor Subtotal for Section 2:2012 -124.80
Section 2:3003
101-3003-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -168.60 Vendor Subtotal for Section 2:3003 -168.60
Section 2:3003
101-3003-5100-00 Professional Services Rincon Consultants, Inc On-Call Environmental Svcs - Jan '24 71904 17,444.50 Vendor Subtotal for Section 2:3003 17,444.50
Section 2:3003
101-3003-5100-00 Professional Services The University of California, Santa Barbara Holden-Ocean Health Project Oct to Dec '22 Final Invoice 71916 66.00 Vendor Subtotal for Section 2:3003 66.00
Subtotal for Section 1: 101 170,302.50
Section 1: 102
Section 2:3002
102-3002-5100-01 Coastal Dev Permit Services Courtney Jean McCammon Woolsey Fire Contract Biologist - Jan '24 71862 2,402.00 102-3002-5100-01 Coastal Dev Permit Services Courtney Jean McCammon Woolsey Fire Contract Biologist - Feb '24 71862 600.00 Vendor Subtotal for Section 2:3002 3,002.00
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 17 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:3002
102-3002-5100-02 Fire Rebuilds - Planning 4LEAF, Inc Woolsey Fire Contract Planner 1/2 - 1/26/24 71850 20,938.14 102-3002-5100-02 Fire Rebuilds - Planning 4LEAF, Inc Woolsey Fire Contract Planner 1/29 - 1/31/24 71850 3,421.88 Vendor Subtotal for Section 2:3002 24,360.02
Section 2:9207
102-9207-5100-00 Latigo Canyon Rdway/Retaining Tom Malloy Corporation Temp Shoring Plates - Latigo Cyn 1/4 - 1/31/24 71915 1,848.00 Vendor Subtotal for Section 2:9207 1,848.00
Subtotal for Section 1: 102 29,210.02
Section 1: 103
Section 2:0000
103-0000-3505-03 Rent - AV/Recording Equipment Malibu Association of Realtors Ref- Recording Equipment Rental 10/4/23 71852 36.00 Vendor Subtotal for Section 2:0000 36.00
Section 2:0000
103-0000-3505-04 Rent - Theater Malibu Association of Realtors Ref- City Hall Theater Rental 10/4/23 71852 1,037.00 Vendor Subtotal for Section 2:0000 1,037.00
Section 2:9050
103-9050-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -29.53 Vendor Subtotal for Section 2:9050 -29.53
Section 2:9050
103-9050-5100-00 Professional Services Landscape Development, Inc. City Hall Landscape Maint - Feb '24 71870 1,393.26 Vendor Subtotal for Section 2:9050 1,393.26
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 18 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:9050
103-9050-5610-00 Facilities Maintenance Climatec LLC Thermostat Repairs 71808 1,920.00 Vendor Subtotal for Section 2:9050 1,920.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance W.W. Grainger,Inc City Hall - Faucet Solenoids 71818 688.29 Vendor Subtotal for Section 2:9050 688.29
Section 2:9050
103-9050-5610-00 Facilities Maintenance HD Supply Facilties Maintenance, Ltd City Hall - Janitorial Supplies 71820 1,121.97 Vendor Subtotal for Section 2:9050 1,121.97
Section 2:9050
103-9050-5610-00 Facilities Maintenance Wink Roberts PS/PW Wall Painting 71831 1,078.02 Vendor Subtotal for Section 2:9050 1,078.02
Section 2:9050
103-9050-5610-00 Facilities Maintenance Westco Contractors Inc Vantage Lighting Training - Deposit 71841 450.00 Vendor Subtotal for Section 2:9050 450.00
Subtotal for Section 1: 103 7,695.01
Section 1: 203
Section 2:3009
203-3009-5145-00 Dial A Ride Services 13 Stars Media Ad - Dial-A-Ride 2/22/24 71806 268.00 Vendor Subtotal for Section 2:3009 268.00
Section 2:3009
203-3009-5145-00 Dial A Ride Services Ventura Transit System, Inc. Dial-A-Ride Program - Jan '24 71920 11,386.00 Vendor Subtotal for Section 2:3009 11,386.00
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 19 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 203 11,654.00
Section 1: 207
Section 2:3004
207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Solid Waste Consultant - Jan '24 71839 1,077.75 Vendor Subtotal for Section 2:3004 1,077.75
Section 2:3004
207-3004-5850-00 Recycling supplies 13 Stars Media Ad - SB1383, Organic Recycling 2/8/24 71806 268.00 Vendor Subtotal for Section 2:3004 268.00
Subtotal for Section 1: 207 1,345.75
Section 1: 211
Section 2:7021
211-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Brulte - Jan '24 71885 22,667.66 Vendor Subtotal for Section 2:7021 22,667.66
Subtotal for Section 1: 211 22,667.66
Section 1: 215
Section 2:7070
215-7070-5931-01 Labor Exchange Malibu Comm Labor Exchange CDBG Day Labor Exchange - Dec '23 71829 825.00 Vendor Subtotal for Section 2:7070 825.00
Subtotal for Section 1: 215 825.00
Section 1: 310
Section 2:9066
310-9066-5100-00 Professional Services GMZ Engineering Inc PCH Signal Synch Project - Jan '24 71875 421,895.00 AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 20 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9066 421,895.00
Section 2:9066
310-9066-5100-00 Professional Services Kimley-Horn and Associates Inc PCH Signal Synch System - Dec '23 71880 23,550.37 Vendor Subtotal for Section 2:9066 23,550.37
Section 2:9075
310-9075-5100-00 Professional Services Woodard & Curran Inc. CCWTF Phase 2 - Through 1/27/24 71923 2,244.00 Vendor Subtotal for Section 2:9075 2,244.00
Section 2:9082
310-9082-5100-00 Professional Services J & H Engineering General Contractors Inc Westward Beach Rd Shoulder Repair 1/3/24 71877 69,304.88 Vendor Subtotal for Section 2:9082 69,304.88
Subtotal for Section 1: 310 516,994.25
Section 1: 500
Section 2:7008
500-7008-5100-00 Professional Services Landscape Development, Inc. Legacy Park Landscape Maint/Liners - Feb '24 71870 17,055.29 Vendor Subtotal for Section 2:7008 17,055.29
Section 2:7008
500-7008-5127-00 Weed Abatement LA Co Agricultural Commissioner Weed Abatement - Legacy Park 10/1 - 12/31/23 71822 31,579.10 Vendor Subtotal for Section 2:7008 31,579.10
Section 2:7008
500-7008-5130-00 Park Maintenance G.I. Industries Garbage - Ioki Lot Dumpster MCS 1/16 - 1/31/24 71816 1,058.56 Vendor Subtotal for Section 2:7008 1,058.56
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 21 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 500 49,692.95
Section 1: 515
Section 2:3010
515-3010-5721-00 Telephone Badger Meter, Inc. Meter Monitoring - Jan '24 71853 40.04 Vendor Subtotal for Section 2:3010 40.04
Section 2:3010
515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 2/4 - 3/3/24 71873 164.57 515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 2/8 - 3/7/24 71873 386.71 Vendor Subtotal for Section 2:3010 551.28
Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - CCWTF - Feb '24 71874 220.26 Vendor Subtotal for Section 2:3010 220.26
Subtotal for Section 1: 515 811.58
Section 1: 601
Section 2:3005
601-3005-6500-00 Motor Fuels Wright Express FSC Wex Bank Gas Receipts 1/24 - 2/23/24 71861 1,971.32 Vendor Subtotal for Section 2:3005 1,971.32
Subtotal for Section 1: 601 1,971.32
Section 1: 602
Section 2:7060
602-7060-4209-00 Disability Insurance Standard Insurance Company N2 PR 29.02.2024 STD/LTD 71846 -102.04 Vendor Subtotal for Section 2:7060 -102.04
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 22 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc Fiber Optic Svcs 2/15 - 3/14/24 71873 1,630.00 Vendor Subtotal for Section 2:7060 1,630.00
Section 2:7060
602-7060-6120-00 Computer Software GovConnection Inc VMWare Software Subscription Renewal 71817 2,137.01 Vendor Subtotal for Section 2:7060 2,137.01
Subtotal for Section 1: 602 3,664.97
Section 1: 710
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Malibu Association of Realtors Ref- City Hall Theater Rental Deposit 10/4/23 71852 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Jillian Caforio Ref- Student Film Rental Deposit 11/7/23 71858 50.00 Vendor Subtotal for Section 2:0000 50.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Willow Noonan Ref- Michael Landon Ctr Deposit 12/30/23 71896 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Isabelle Sui Ref- City Hall Parking Rental Deposit 11/4/23 71910 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Lisa Szilagyi Ref- Legacy Park Event Deposit 12/2/23 71911 250.00 Vendor Subtotal for Section 2:0000 250.00
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 23 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount Section 2:0000
710-0000-2270-44 Library Event 13 Stars Media Ad - MLSS, Clare Frank 2/8/24 71806 268.00 Vendor Subtotal for Section 2:0000 268.00
Subtotal for Section 1: 710 1,168.00
Section 1: 900
Section 2:0000
900-0000-2025-00 Life Insurance Standard Insurance Company N2 PR Batch 70015.02.2024 Life Insurance 71846 1,144.11 Vendor Subtotal for Section 2:0000 1,144.11
Section 2:0000
900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70015.02.2024 STD/LTD 71846 3,297.03 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70029.02.2024 STD/LTD 71846 3,235.58 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70001.02.2024 STD/LTD 71846 3,272.77 Vendor Subtotal for Section 2:0000 9,805.38
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70029.02.2024 PARS - ER Share 71847 242.02 900-0000-2041-00 PARS U.S. Bank PR Batch 70029.02.2024 PARS - EE Share 71847 1,154.30 Vendor Subtotal for Section 2:0000 1,396.32
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70029.02.2024 ER Contribution to ICMA 71844 3,050.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70029.02.2024 ICMA Def Comp - Flat Amount 71844 12,175.39 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70029.02.2024 ICMA Def Comp - % of Salary 71844 1,190.77 Vendor Subtotal for Section 2:0000 16,416.16
Section 2:0000
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 24 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138 Account Number Description Vendor Description Check No Amount 900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70029.02.2024 ICMA Loan Program 71844 760.41 Vendor Subtotal for Section 2:0000 760.41
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70029.02.2024 ICMA - City Manager 71845 600.00 Vendor Subtotal for Section 2:0000 600.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70029.02.2024 Income Withholding Order-Calif 71843 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 30,462.07
Report Total: 2,289,895.43
AP-Transactions by Account (03/13/2024 - 8:03 AM) Page 25 DocuSign Envelope ID: 4530D5D4-5C7B-432C-B757-FD1FF3B3D138

Page 1 of 1 ends

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: March 13, 2024 Meeting date: March 25, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the October 12, 2023 Malibu City Council Special meeting, October 23, 2023 Malibu City Council Regular meeting, November 13, 2023 Malibu City Council Regular meeting, November 27, 2023 Malibu City Council Regular meeting, and December 11, 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 October 12, 2023, October 23, 2023, November 13, 2023, November 27, 2023, and December 11, 2023.

ATTACHMENTS:

October 12, 2023 Special meeting
October 23, 2023 Regular meeting
November 13, 2023 Regular meeting
November 27, 2023 Regular meeting
December 11, 2023 Regular meeting
City Council Meeting
03-25-24
Item

3.B.3.
1 MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
OCTOBER 12, 2023

COUNCIL CHAMBERS
9:30 A.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 9:30 a.m.

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

PRESENT: Mayor Steve Uhring, Mayor Pro Tem Doug Stewart (arrived at 9:37 a.m.), and Councilmembers Paul Grisanti, Marianne Riggins (via teleconference), and Bruce Silverstein
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Kelsey Pettijohn, City Clerk; and Christina Muñoz, Deputy City Clerk

PLEDGE OF ALLEGIANCE
Commissioner Grisanti led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
Deputy City Clerk Muñoz reported that the agenda for the meeting was properly posted on October 11, 2023.

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

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

Speaker: Jo Drummond

RECESS TO CLOSED SESSION
Attachment 1
2 Malibu City Council
Minutes of October 12, 2023

Page 2 of 2 ends

_________________________
At 9:36 a.m., on the advice of counsel and based on existing facts and circumstances, the Council recessed to the Council Chambers for the Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Legal Counsel – Anticipated Litigation

1. Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) & (3)
Allegations contained in complaint/attachment of Ann Ravel forwarded by James Lindsey of the FPPC in letter dated October 3, 2023
Number of potential cases: (1)
Mayor Pro Tem Doug Stewart arrived at 9:37 a.m.

The Council reconvened at 10:08 a.m. with all Councilmembers present.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 9:30 a.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(2) & (3), with all Councilmembers present. He stated that by a vote of 3-2, Councilmember Silverstein and Mayor Uhring opposed, the Council authorized the City Attorney to submit a response to the Fair Political Practices Commission regarding the inquiry received on October 3, 2023 in a form approved by the City Attorney and City Manager, which by unanimous vote of the Council will be released to the public after submittal.

ADJOURNMENT
Mayor Uhring adjourned the meeting at 10:10 a.m.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
3 MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
OCTOBER 23, 2023

COUNCIL CHAMBERS
5:30 P.M.

The following meeting was held pursuant to AB 361 and teleconferenced 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 5:31 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Legal Counsel – Anticipated Litigation

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

2. Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Communication from California Department of Housing and Community Development Regarding Noncompliance with Housing Element Deadlines Number of potential cases: (1)

REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:33 p.m.

Attachment 2
4 Malibu City Council
Minutes of October 23, 2023

Page 2 of 18 ends

_________________________

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; Rob Houston, Interim Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Jason Lawrence, Deputy City Clerk; and Tyler Eaton, Senior Planner

PLEDGE OF ALLEGIANCE
Scott Dittrich led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(2), with all Councilmembers present. He stated the Council discussed the items listed on the closed session agenda and took no reportable action. He reported separately that there were two recent decisions by the California Coastal Commission upholding Local Coastal Program Amendments that prohibit the timeshare proposition put forth by Pacaso and more information would be forthcoming.

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

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

FRIENDLY AMENDMENT
Mayor Pro Tem Stewart moved to continue Item No. 1.A. to a date uncertain and adjourn in memory of Pepperdine students Niamh Rolston, Peyton Stewart, Asha Weir, and Deslyn Williams; Luis Gonzalez; and Mayor Walt Keller.

The Council observed a moment of silence in their memory.

The amendment was accepted by the maker and the seconder of the motion. 5 Malibu City Council
Minutes of October 23, 2023

Page 3 of 18 ends

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

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Update on Slope Failure 2023
This item was continued upon approval of the agenda.

ITEM 2.A. PUBLIC COMMENTS
City Manager McClary commented on the recent tragic vehicle incident that resulted in the death of four Pepperdine University students and conveyed the devastation felt throughout the community. He stated that the City was doing everything possible to prevent future fatalities, minimize injuries, and make Pacific Coast Highway (PCH) safer for the community and visitors. He stated that City staff was working with the Mayor Uhring and reported that local lawmakers reached out to the Governor’s office, California Highway Patrol (CHP), Caltrans, and many other local officials. He reported that Caltrans was pursuing increased CHP coverage of PCH, particularly at night to address speeding and racing. He stated that the City supported legislation recently signed into law that would open the door for speed cameras in California and the City was pushing to get those deployed as soon as possible. He stated that community safety was the City’s number one priority. He announced the availability of the PCH Safety Fact Sheet at City Hall and on the City’s Public Safety webpage.

Supervisor Lindsay Horvath, Los Angeles County Board of Supervisors, discussed the tragic deaths of the four Pepperdine students in the traffic incident on PCH and discussed the importance of the community coming together. She stated that she was devastated for the families of the four young women and she joined Malibu and the Pepperdine community in grieving the loss of precious lives cut far too short. She stated that the students were engaged in helping to build and better and safer Malibu and worked with the Chamber of Commerce as they studied and planned for a better future. She stated that it was a time for mourning and action.

She stated that safety along the 21 mile stretch of PCH in Malibu was a problem for far too long. She stated that she was committed to identifying and finding solutions in partnership with the City and State agencies that held authority over the roadways. She stated that she was in contact with Senator Ben Allen, Assemblymember Jacqui Irwin, and Governor Gavin Newsome, and requested the recently approved speed camera pilot program be considered for Malibu immediately. She stated that there was a collective desire for all agencies be on the same page with real solutions for the high-volume highway. She thanked Captain Jennifer Seetoo and the Sheriff’s Department for their leadership and partnership.

She discussed commitment to partnership with agencies on all levels and would not let boundaries and bureaucracy inhibit action. She discussed working with Caltrans within existing laws to reduce speed limits, and provide CHP enforcement. She stated that she addressed the undersecretary of the California State Transportation Agency that oversaw both Caltrans and CHP to request their personal support in 6 Malibu City Council
Minutes of October 23, 2023

Page 4 of 18 ends

_________________________
reducing speed limits. She stated that she called for an emergency meeting of the PCH Task Force in November. She announced an emergency preparedness and resiliency event scheduled for Thursday, October 26, 2023, at 6:00 p.m. at Lindero Middle School in Agoura Hills. She stated that Malibu had undivided attention and commitment to PCH safety improvement.

Captain Jennifer Seetoo, Los Angeles County Sheriff Department, discussed the many fatalities that occurred on PCH since 2012 and the need for substantive change. She stated that prior to the Council meeting she met with three of the families of the victims of the incident and that it was one of the hardest things she had to do. She stated that her focus was on education, enforcement, and engineering. She reported that a grassroots group was assembling which included Michal Shein, Keenan Gibbs, Chris Frost, Chris Wizner, Dermott Stoker, Kathy Eldon, and Damian Kevitt. She discussed a meeting with elected officials tentatively scheduled for November 8, 2023, to formulate a plan of action. She discussed having the 21 Miles in Malibu documentary shown in all the schools, including Pepperdine. She stated that a highway running through a residential and college town did not make sense. She discussed reduced staffing challenges. She reported a driver was recently pulled over for speeding at 109 miles per hour who was aware of their speed and the recent fatalities. She referenced the 2015 PCH Safety report and stated that it needed to be reviewed to identify what recommendations were implemented. In response to Councilmember Grisanti, she stated that the driver traveling at 109 miles per hour was dealt with appropriately.

In response to Mayor Pro Tem Stewart, she stated that speed cameras and enforcement reduced fatalities, injuries, and non-injury collisions.

Traffic Sergeant James Aarons, Los Angeles County Sheriff Department, stated that he supervised detectives investigating the fatal crash, but as part of an ongoing investigation, he could not provide detailed information. He stated that the investigation would continue until a proper case was presented to the District Attorney’s office.

Seargent Chris Soderland, Los Angeles County Sheriff Department, provided statistics year-to-date, and reported there were 6,183 citations issued, with 3009 for excessive speed. He reported that two nights prior, at 1:23 a.m., a deputy monitoring traffic at PCH and Webb Way observed a vehicle traveling westbound at 109 miles per hour and he caught up to the driver at Zumirez Drive. He stated that the driver was 18 years old and unlicensed, and she was arrested, and her car impounded for 30 days. In response to Councilmember Grisanti, he stated that for the vehicle to be crushed there needed to be a law passed. In response to Mayor Pro Tem Stewart, he stated having four additional Lidar guns would be helpful.

In response to Councilmember Silverstein, Captain Seetoo stated that in 2019, the year that did not have a fatality traffic incident, they met with community members to understand PCH difficulties, which included restaurant valets crossing and driving on PCH unsafely and vehicles at restaurants causing congestion. She stated that $500,000 in funds from the Third District were allocated and PCH was divided 7 Malibu City Council
Minutes of October 23, 2023

Page 5 of 18 ends

_________________________
into four sections, and they provided high visibility and a rapid response. She stated that funding was transferred to the City of West Hollywood.

Joel Price, Communications Director, Assemblymember Jacqui Irwin’s office, discussed his background in law enforcement with the Los Angeles Police Department. He agreed with Captain Seetoo that education, enforcement, and engineering were vital. He stated that Assemblymember Irwin grieved along with the families and community and was committed to safety improvement programs.

Channing Frykman discussed the October 17, 2023 fatal vehicle incident on PCH.

She discussed the tragedy and how it brought the community together. She discussed her personal experience with loss and the dangers of PCH.

Senator Ben Allen expressed his deep sorrow over the lives that were lost and the dangers of PCH. He discussed collaboration with City staff for CHP patrols to PCH.

He discussed legislation that needed to be written for speed cameras on the State highway. He stated that signal synchronization was critical to making PCH safer and discussed lowering the speed limit. He stated that he spoke to the Governor he hoped the incident would galvanize people into action. He discussed rethinking PCH as a boulevard rather than a high-speed highway, as it was designed when Malibu was a much smaller city. He discussed changing rules and fundamental changes to PCH. He expressed his condolences to those affected by the incident.

Michel Shane discussed the traffic incident on PCH that killed his 13-year-old daughter Emily Shane in 2010 and the impact it had on his family’s lives. He discussed efforts to make PCH safer and stated more measures and accountability by governmental agencies were needed. He discussed his documentary 21 Miles in Malibu for education and inspiration for a transformation that placed human life above all else.

Joshua Hoffman stated that his heart and prayers went out to the parents that lost their children in the incident. He discussed racing, speeding, and other hazards on PCH. He suggested more signage that reminded drivers to slow down, curbs adjacent to driveways painted red, better bicycle lanes, and more sidewalks.

Ted Vaill stated he was a 49-year resident who was nearly killed on PCH several times. He suggested speed cameras, a lowered speed limit, and more law enforcement on PCH to protect residents and visitors. He discussed the unused Sheriff substation at Santa Monica College, Malibu campus. He stated that the carnage on PCH was the fault of other bureaucrats that deal with the City.

Tina Segel stated her family lived in Malibu for over 50 years and was a small town with a big following. She discussed the number of visitors to the City each year and hazards on PCH. She discussed racing on PCH and discussed concerns that there were not enough Sheriff deputies, and they were located too far away to be effective when called. She discussed the recent deaths and encouraged action by the City. 8 Malibu City Council
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Chris Wizner stated that he lived and worked on PCH for twenty years. He shared his vision of PCH, where it was safe to walk, bike, run, and drive. He suggested increased patrols, speed cameras, bollards, slower speeds, much stricter tickets, a continual and diverse educational campaign, and drones. He suggested it be called Pacific Coast Roadway instead of Highway. He shared that he knew Ms. Weir as an exemplary human being who was scheduled to babysit his child and worked for him at the Chamber of Commerce and his marketing agency. He discussed the many deaths on PCH over the years and stated Caltrans should be held accountable.

Jefferson Wagner discussed his experience as a former Councilmember and reserve Sheriff Deputy, and saw the issue from both a law enforcement and municipal perspective. He recommended the City work with Pepperdine and the Las Virgenes-Malibu Council of Governments (COG). He discussed the importance of more law enforcement coverage with the right officers in the field. He discussed education and social media to make PCH safer. He suggested Pepperdine join the City in advocating for funding currently going to the County to be given to the City.

Jennifer deNicola discussed her efforts as part of the PCH Safety Task Force. She commented that she lived near the scene of the accident and discussed prior accidents in the area. She thanked the Council for their efforts and commended Supervisor Horvath for attending the meeting and saying what needed to be said.

She commended Captain Seetoo and Senator Allen for their support and was glad that everyone was proactive and ready to have positive changes made.

Hap Henry deferred time to Mr. Simmens.

Lance Simmens stated that he was a former Public Works Commissioner and avid cyclist, who lived on PCH on the eastern end of Malibu and discussed suggestions he had for safety improvement. He displayed a presentation on a proposed road design. He discussed funding and a recent Federal infrastructure bill for road projects and suggested the City partner with State and Federal governments for long-term solutions.

Burt Ross stated that he lived in Malibu for almost 12 years. He stated public safety was the number one issue for elected officials. He discussed the lack of law enforcement on PCH due lack of staff and not a lack of money. He discussed the petition he submitted to the City.

Kevin Shenkman discussed traffic accidents involving his car and motorcycle. He discussed structural flaws on PCH and discussed removal of parallel parking. He discussed the importance of working with State agencies and that it took the recent deaths to get the City to do something.

Susan Saul stated that she agreed with the previous comments made by the public speakers. She stated that she was a friend of Emily Shane and that it was tragic what the families were going through. She inquired why it took such a tragedy for something to be done about public safety on PCH. She stated that there was funding 9 Malibu City Council
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to make the necessary changes that should have been done years prior.

Jessica Horwath stated that she lived on Las Flores Canyon Road and that she called the police on many occasions for racing. She commented that there were suggestions to make PCH safer for many years and she did not understand why it took so long. She stated that there should be public facing goals and timelines for accountability. She requested in addition to speed regulation, a red-light camera at the intersection of PCH, Las Flores Canyon Road and Rambla Pacifico Street.

Tina Oervantes deferred time to Ms. Horwath.

Damian Kevitt discussed his organization Streets are for Everyone (SAFE). He stated that he did not live in Malibu but understood the issues of traffic violence as he was involved in a serious accident on his bicycle. He discussed collaboration with State agencies and offered his organization’s assistance to the City. He stated that PCH was not designed for the current development and activities.

Norm Haynie deferred time to Mr. Dittrich.

Scott Dittrich discussed the recent tragedy and the impact it had on the community and that he prayed for all those affected. He commented on the prominence of PCH through Malibu and the number of residents and visitors to the area. He commented on the need for more law enforcement on PCH and the number of drivers speeding on PCH. He requested that PCH safety be made a priority.

Linda Budge deferred time to Ms. Russell.

Karen Russell discussed her son’s death in Malibu Canyon one year prior and the poetry Ms. Weir planned on contributing to a tribute book for her son. She discussed off-campus college parties and stated that partygoers used PCH, Malibu Canyon Road, and Kanan Dume Road. She stated that her son’s life might have been spared had there been a guardrail along the side of the road.

Crystal Hoang stated that she represented Crystal Falls Malibu, the future horse hotel located above Escondido Falls. She commented on pedestrians crossing PCH dangerously. She discussed conversations with Ms. Rolston about horses just 24 hours before her passing. She discussed her mountain lion encounter. She discussed communities with roundabouts, parks that spanned over highways, parking structures in Italy that blended with the hillsides, trolley systems, efficient public transportation, and pedestrian walkways as solutions to pedestrian safety.

Elsa Conrad expressed her condolences to the families of those who were lost in the traffic incident. She stated she wanted to make sure the road was safe for her and her brother. She discussed the lack of law enforcement on PCH and redesigning PCH should be considered. She requested changes and discussed the recent death of a motorcyclist and racing on PCH.
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Jane Albrecht thanked the Council, Supervisor Horvath, Assemblymember Irwin, and Senator Ben Allen for their ideas and commitment. She recommended the Council hold dedicated meetings on PCH safety every 3 months to get feedback from the community. She indicated support for speed cameras on PCH. She requested the safety fence at Deadman’s Curve be put back up by the Mountains Recreation and Conservation Authority (MRCA), or the City use emergency powers to have it reinstalled. She discussed guardrails on the canyon roads. She expressed hope that Pepperdine and the City would work closely together.

Barbara Fish stated that she was a Malibu resident for 51 years living on PCH and Bonsall Drive. She stated that she and her husband called 911 multiple times in response to highway accidents. She discussed the dangers of the intersection of Westward Beach Road and Busch Drive where they could no longer go under the highway to access Zuma Beach. She commented on public participation after the tragic deaths. She discussed Caltrans, the Sheriff Department, and Pepperdine collaboratively finding solutions.

Jo Drummond discussed the Pepperdine students, their backgrounds, interests, and aspirations. She discussed past fatalities on PCH and the role of development on making the highway unsafe. She discussed speed cameras and the need for increased law enforcement. She discussed the many visitors to Malibu.

Julie Bacino discussed the recent fatalities and stated that the lives lost should not be in vain. She stated that her father fought for 70 years to change the highway and discussed her family’s experience in helping accident victims. She advocated for improvements to PCH that would save lives and an increased CHP presence.

Francis Appiah stated that representatives from Caltrans should be involved in public meetings. He expressed his condolences to the families of those who were lost. He stated that he was a frequent visitor to Malibu and enjoyed its features and obeyed the rules but had seen people die because of unsafe highways. He encouraged leaders to take measures that would improve safety in Malibu.

Becky Hartung-Morrow stated that she was an adjunct lecturer in public speaking at Pepperdine for three years. She discussed the impact of the recent deaths on her former students. She discussed negligent driving and State, County, and City officials who allowed unsafe highways. She stated that their thoughts and prayers must become action. She expressed her support for the speed camera bill and better street design that served everyone, not just vehicles. She requested temporary barriers at the crash site to protect those who paid tribute in the area.

Bill Sampson commented on Mayor Uhring’s KNX AM Radio interview that morning. He discussed a vehicle accident on PCH that occurred shortly after he moved into his Cottontail Lane home in 1980, and safety had not improved. He suggested immediate CHP patrols. He discussed Walt Keller’s contributions to the City and the previous request for recognition during his lifetime, and now that he passed, he requested the Council honor Walt and Lucille Keller. He expressed 11 Malibu City Council
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condolences to the families of those killed on PCH.

Matt DeNicola, Barabara Brudelin, Red Chief Hunt, and Howard Rudzki were not present at the time of the hearing.

Mayor Silverstein encouraged the community to stay involved in effecting change in Malibu and contact elected officials for help.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Fireball Lawrence, Malibu Arts Commission, discussed the Art Talk Series at Santa Monica College Malibu Campus beginning January 19, 2024, with a screening of 21 Miles in Malibu. He stated that there might be a screening of the documentary at Pepperdine. He commented on the current City Art Gallery exhibit, Vistas, featuring the art of Wes Van Dyke. He announced the upcoming Dick Van Dyke photograph exhibit scheduled to open November 19, 2023. He announced the new Poet Laureate Nathan Hassal would host The Caffeinated Verse event on November 19, 2023 at 12:00 noon. He reported that two new poetry stones by former Poet Laureates Dr. John Struloeff and Ann Buxie would be installed in Legacy Park.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated that the week was the worst he could remember in Malibu and the communications from the community were heartbreaking. He stated that the best memorial to those killed on PCH was for pressure for the changes discussed that evening be kept strong and contact with the elected officials for follow through of solutions suggested during the meeting.

Councilmember Riggins stated that the tragic loss of the students was devastating.

She stated that the current Council worked hard on the issue. She suggested that the entire community contact their elected representatives to encourage change to make PCH safer.

In response to Councilmember Riggins, Sergeant Soderlund confirmed the program Every 15 Minutes was currently used in schools.

Councilmember Riggins conveyed the effectiveness of the program in instilling the seriousness of vehicle safety in students.

Councilmember Silverstein stated if measures to make PCH safer could have been taken by the State, County, or City, but were not, they should be ashamed. He shared that a couple years prior, while driving on Malibu Canyon Road, he encountered a fatal accident and stated that those were not rare occurrences. He discussed the research he conducted during the past week to determine how the number of fatal crashes and the number of fatalities, including pedestrians in Malibu, compared to the same occurrences in other cities in California. He concluded that the deadliest road in the state traveled through Malibu. He suggested 12 Malibu City Council
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the declaration of a local emergency which opened a degree of police powers not otherwise available in ordinary circumstances and might open a source of Federal, State, and Local funding to find and implement long-term solutions. He asked for consensus to direct staff to bring back a resolution for the Council’s consideration, declaring a local emergency, stemming from dangerous conditions created by lawless motorists on PCH. He suggested speed limit reduction, temporary traffic signals located where they did not currently exist, and temporary speed bumps that could be removed to accommodate emergency responders. He stated that funds needed to be allocated immediately, which could potentially be recouped from the State. He discussed CHP and Sheriff Department patrols. He suggested PCH lane closures on evenings and weekends for routine maintenance, events, and sobriety checkpoints to slow traffic. He discussed slow traffic through Malibu and encouraged drivers to use Highway 101 instead.

Councilmember Grisanti indicated support for directing the City Attorney to bring back a report on the feasibility of declaring a local state of emergency.

Councilmember Silverstein stated that there were a lot of things the City could do, that conservative City attorneys advised them that they could not do.

Mayor Pro Tem Stewart stated that Mayor Silverstein’s proposal was novel and aggressive. He indicated support for working with other elected officials and supporting the process and whatever the City Attorney advised could be done, should be done with cooperation from those who supported them.

Councilmember Riggins indicated support for Mayor Pro Tem Stewart’s comments.

Mayor Uhring stated that over the past 30 years the City sent a delegation to Sacramento to discuss CHP coverage in Malibu and was turned down repeatedly.

He stated that they needed to get their attention and requested the City Attorney return with analysis of any risks to declaring a state of emergency. He stated that he would speak to the newly elected officials about their plans, and if they came back with some significant reasons why it should not be done, they could rethink the proposal. He stated that they understood and might be on the same side as the City.

Councilmember Silverstein stated that officials talked and the Council had the power to do something immediately.

Councilmember Grisanti stated that the new County Supervisor listened and was willing to work with the City. He suggested giving the newly elected officials a chance, and if they failed to act, then further action could be considered.

Councilmember Silverstein expressed gratitude for Supervisor Horvath’s support.

He stated that taking matters into their own hands immediately was not an insult to those trying to help, but supplemented help that was provided. 13 Malibu City Council
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Mayor Uhring stated that he would like to talk to the three newly elected officials and have them say yes or no before the matter was pursued.

Councilmember Grisanti stated that he supported the proposal provided Mayor Uhring spoke to the elected officials. He emphasized that he wanted their good rapport preserved and suggested asking them if this plan was helpful.

Councilmember Riggins stated that she was in favor of taking decisive action and changes. She stated that she wanted practical items included on the list, with exactly what changes were proposed, and timelines for when they were to be done. She stated that her biggest concern was they would go through the emergency action, but there was no substance behind it of exactly what was to be done. She requested that when the matter returned for discussion, with three to five practical items and a timeline of implementation was provided, so residents were shown the implementation of those changes immediately.

Councilmember Silverstein reiterated his proposals: speed limit reduction, temporary traffic signals, and removable speed bumps.

CONSENSUS
By consensus, the Council directed staff to bring back an item to consider declaring a local emergency due to dangerous conditions on PCH, as well as options for related actions.

Mayor Pro Tem Stewart discussed fire safety and the citizens volunteer fire brigade program. He thanked Keegan Gibbs, Brett Woodworth, and the command staff of the Los Angeles County Fire Department for their support of the fire brigade program. He stated that before the fatal incident on PCH, he met with Supervisor Horvath and her staff to discuss speed cameras and Sheriff Department staffing. He stated that a Sheriff Department year-to-date statistic report was provided to representatives in Sacramento and that PCH safety in Malibu was now a high priority. He stated that greater law enforcement presence made a difference in traffic safety. He urged the public to observe the speed limit which caused other drivers to drive the speed limit.

Mayor Uhring thanked everyone for their input and stated that the Council was elected to help the public and improve the quality of life for Malibu residents and they had started on that path.

RECESS At 9:07 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 9:15 p.m. with all Councilmembers present.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.4. and 3.B.8. were pulled by the Council. 14 Malibu City Council
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Councilmember Grisanti requested Item No. 3.B.5. have the mayor’s name corrected on the signature page.

MOTION Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.4. and 3.B.8. The question was called, and the motion carried unanimously.

The Consent Calendar consisted of the following items:

A. Previously Discussed Items

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

B. New Items

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 70479-70591 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 734 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,810,470.94. City of Malibu payroll check number 5377-5381 and ACH deposits were issued in the amount of $575,804.12.

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

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

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

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

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

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

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

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

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

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

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

Item Nos. 3.B.4. and 3.B.9. were heard concurrently.

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

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Riggins moved, and Councilmember Grisanti 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 4-1, Councilmember Silverstein opposed.

MOTION Councilmember moved, and Mayor Uhring second a motion to terminate the COVID-19 Local Emergency.

The Council discussed the motion.

The question was called, and the motion carried unanimously.

MOTION Councilmember Riggins moved to hear Item Nos. 6.C., 6.D., and 7.B. after the Consent Calendar.

FRIENDLY AMENDMENT
Councilmember Silverstein seconded and moved to also hear Item No. 6.A. after the Consent Calendar.

The amendment was accepted by the maker of the motion.

FRIENDLY AMENDMENT
Mayor Pro Tem Stewart moved to hear Item No. 6.B. after Item No. 6.A.

The Council discussed the motion.

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

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

ITEM 6 NEW BUSINESS
A. Malibu Community Labor Exchange Permanent Office Project Update Recommended Action: Receive and file an update on the Malibu Community Labor Exchange Permanent Office Project.
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Mayor Uhring opened the floor to public comment. As there were no speakers present, Mayor Uhring returned the matter to the table for discussion.

Without objection, Mayor Uhring received and filed the update on the Malibu Community Labor Exchange Permanent Office Project.

Item No. 6.C. and 6.D. were heard concurrently.

C. Veterans Day Recognition Ceremony Fee Waiver
Recommended Action: Consider whether to approve the request from The Navy League to waive the facility use and staffing fees and incur event costs for the Veterans Day Recognition Ceremony.

D. Community Christmas Tree Lot Fee Waiver
Recommended Action: Consider whether to approve the request from the Malibu High School Athletic Booster Club to waive the facility use and staffing fees for the Ioki Property for the Annual Community Christmas Tree Lot.

Mayor Uhring opened the floor to public comment.

Speakers: Annie Demirjian, and Katherine Alice
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.

The Council discussed the item.

MOTION Mayor Uhring moved, and Councilmember Riggins seconded a motion to: 1) approve the request from The Navy League to waive the facility use and staffing fees and incur event costs for the Veterans Day Recognition Ceremony; and 2) approve the request from the Malibu High School Athletic Booster Club to waive the facility use and staffing fees for the Ioki Property for the Annual Community Christmas Tree Lot. The question was called, and the motion carried unanimously.

ITEM 7 COUNCIL ITEMS
B. Council Appointment to the Planning Commission
Recommended Action: Councilmember Stewart may make a new appointment to the Planning Commission.

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

Mayor Pro Tem Stewart appointed Drew Leonard to the Planning Commission.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
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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 October 9, 2023)
Recommended Action: Adopt Resolution No. 23-45 determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 20-068 and Demolition Permit (DP) No. 20-028 for the demolition of an existing single-family residence and construction of a new 6,284 square foot single-family residence, 986 square foot basement, 510 square foot attached garage, 462 square foot detached garage, 471 square foot detached second unit, swimming pool, two spas, onsite wastewater treatment system (OWTS) and associated development; including Site Plan Review (SPR) No. 21-009 for construction up to 24 feet in height for a flat roof, located in the Rural Residential, One-Acre (RR-1) zoning district at 6734 Zumirez Drive (IBN Properties, LLC).

Senior Planner Eaton presented the staff report.

Disclosures: Councilmembers Grisanti, Riggins, and Silverstein, Councilmember, Mayor Pro Tem Stewart, and Mayor Uhring
The Council discussed the matter and directed questions to staff.

Mayor Uhring opened the floor to public comment.

Speakers: Don Schmitz, Mark Johnson (Casandra Ross, Patt Healy, Janet Friesen, and Jo Drummond deferred time to Mr. Ross), Ginetta Giovinco, Cooper Kass, and Edith Read
Mr. Schmitz and Jake Holt 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, Mr. Schmitz, Mr.

Holt, and Matthew Hinks.

MOTION Councilmember Silverstein moved, and Mayor Uhring seconded a motion determining that the matter of Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner:

IBN Properties, LLC) remains before the Planning Commission.

The Council discussed the motion and directed questions to staff. 19 Malibu City Council
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The question was called, and the motion carried 4-1, Councilmember Grisanti opposed.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to hear Item No. 6.B. after 10:30 p.m.

The Council discussed the motion and directed questions to staff.

The question was called, and the motion carried unanimously.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS (continued)
B. MOU and License Agreement with Zuma Beach FM Emergency and Community Broadcasting, Inc. (KBUU) for a Booster Antenna at Malibu Bluffs Park Recommended Action: Authorize the Mayor to enter into a License Agreement and Memorandum of Understanding (MOU) with Zuma Beach FM Emergency and Community Broadcasting, Inc. (KBUU) to utilize Malibu Bluffs Park as the location for an FM booster station.

Public Safety Director Dueñas presented the staff report.

The Council directed questions to staff.

Mayor Uhring opened the floor to public comment.

Speaker: Hans Laetz
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.

The Council discussed the item.

This item was continued to the November 13, 2023 meeting upon adjournment of the meeting.

E. Consideration of Gift of Smart Coast California Membership Fees from Councilmember Grisanti
Recommended Action: Determine whether to accept a gift from Councilmember Grisanti to underwrite the cost of the City joining the Smart Coast California Municipal Collective for each year that he is on the City Council.

This item was continued to the November 13, 2023 City Council Regular meeting. 20 Malibu City Council
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ITEM 7 COUNCIL ITEMS (continued)
A. Smart Coast California Presentation (Councilmember Grisanti) Recommended Action: At the request of Councilmember Grisanti, receive a presentation from Smart Coast California describing the organization’s purpose and their efforts to facilitate collaboration between local municipalities and state agencies, and determine whether to join the Smart Coast Municipal Collective group.

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

ADJOURNMENT
Mayor Uhring adjourned the meeting at 11:57 p.m. in memory of Niamh Rolston, Peyton Stewart, Asha Weir, Deslyn Williams, Luis Gonzalez, and Walt Keller.

MALIBU CITY COUNCIL

REGULAR MEETING
NOVEMBER 13, 2023

COUNCIL CHAMBERS
6:00 P.M.

The following meeting was held pursuant to AB 361 and teleconferenced 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

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

Speakers: None.

RECESS TO CLOSED SESSION
At 6:01 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Legal Counsel – Anticipated Litigation

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

REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:42 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; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; and Christina Muñoz, Deputy City Clerk

PLEDGE OF ALLEGIANCE
Norm Haynie led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 6:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(4), 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 November 3, 2023.

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

FRIENDLY AMENDMENT
Mayor Uhring moved to amend the agenda to continue Item No. 1.A. to the November 7, 2023 Regular City Council meeting.

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

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

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Proclamation Declaring December 13, 2023 Dick Van Dyke Day This item was continued upon approval of the agenda.

ITEM 2.A. PUBLIC COMMENTS
Jill Hawkins discussed children who were not allowed to attend public schools because they were not vaccinated and were discriminated against due to their vaccine status. She discussed her concerns about vaccines. 23 Malibu City Council
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Keegan Gibbs discussed a motorcycle accident that involved two of his friends approximately 20 years prior. He announced a memorial on Webb Way and Pacific Coast Highway (PCH) would be held on November 14, 2023 at 5:00 p.m. and November 19, 2023 at 9:00 a.m. in memory of all the people who died on PCH since Emily Shane’s death in 2010 at the age of 13. He announced white “ghost” tires would be placed for everyone who died on PCH. He thanked City staff and Captain Jennifer Seetoo for their efforts in helping to make the memorial possible.

Tim Pera, Mountains Recreation and Conservation Authority (MRCA), provided the October 2023 ranger activity report. He reported a total of 15 citations were issued, 10 of which were at La Chuza Beach for dogs on the beach, possession of alcohol, and smoking violations, and four were at Escondido Trail for dogs off leash and illegal trail use. He reported that fire patrols were deployed overnight during the Red Flag wind event and no fires occurred. He reported additional rangers were staffed on busy weekends and no homeless encampments were observed in any parks. He reported a total of 249 parking citations were issued. In response to Councilmember Riggins, he stated that during Red Flag events, five extra overnight foot and vehicle patrol rangers were brought in. In response to Mayor Pro Tem Stewart, he stated that the five extra rangers, in addition to patrolling Malibu, patrolled the hills outside of the city. In response to Councilmember Silverstein, he stated that the citations he reported were issued on MRCA property.

Tina Segel thanked the Council for its work to improve safety PCH. She commented on changes over the years and the increased noise. She discussed the crash on PCH that killed four Pepperdine students and expressed her sorrow at their loss and the ghost tire memorial. She thanked all involved in making the memorial possible. She requested Caltrans take action to make PCH safe.

Josh Spiegel discussed the City’s priorities including public safety, schools, parks, and the environment. He stated that the City had not made progress on parks and questioned the City conducting another community survey on how to use the City’s vacant land. He questioned the story poles placed for the permanent Skate Park. He expressed concern that there was insufficient parking at Bluffs Park.

Ann Doneen deferred time to Ms. Drummond.

Jo Drummond encouraged people to attend the PCH Task Force meeting on November 14, 2023. She encouraged Mayor Pro Tem Stewart to replace his Planning Commission appointee Drew Leonard. She discussed Mr. Leonard’s fire rebuild projects, despite not being a homeowner affected by the 2018 Woolsey Fire.

She stated that he was not allowed to join his own neighborhood homeowner’s association board because they did not want the neighborhood’s rural character changed. She commented that she heard he was unwilling to disclose his financial holdings. She discussed the Ann Ravel letter and that Mr. Leonard’s appointment to the Planning Commission made three local contractors currently seated on the Commission. She requested his removal based upon complaints and his character 24 Malibu City Council
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issues.

Lloyd Ahern, Malibu appointee to the Santa Monica Mountains Conservancy, likened Ms. Drummond to Sam Hall Kaplan. He stated Joe Edmiston instructed him to notify the City he would bring two fire engines to Bluffs Park.

Jenny Rusinko discussed the City’s wireless ordinance and a letter from Scott McCollough to the City. She stated her concerns that the wireless ordinance was not being applied properly, particularly fire safety protocol. She requested an update to the ordinance to match the non-public right-of-way ordinance. She stated that she represented more than 200 concerned residents. She voiced her concerns about a planned cell tower installation near her home.

Lonnie Gordon indicated support for Ms. Rusinko’s comments.

Jenny Root stated her daughter was a Pepperdine student and she wanted her to be safe. She stated that she supported speed cameras, but also proposed measures like speed bumps to slow down traffic to prevent accidents.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary announced the Zuma Beach underpass would be cleared of debris by Caltrans after the Corral Canyon cleanup was completed. He reported the City held evacuation drills for staff in conjunction with Sheriff’s Department and Fire Department staff. He stated he attended the groundbreaking for the Malibu Middle and High School (MMHS) project and stated that he appreciated their acknowledgement of the City’s work with the school district to move the project ahead. He stated he attended a Business Roundtable meeting the prior Friday and PCH safety was discussed. He stated the Public Safety Department hosted an open house at City Hall in recognition of the five-year anniversary of the Woolsey Fire and Malibu’s annual day of preparedness. He provided an update on Woolsey Fire rebuilds and stated 275 permits for single-family homes were issued, 146 singlefamily dwellings were completed, 18 permits were issued for multi-family units, and 12 multi-family units were completed. He announced coastal vulnerability assessments would be hosted by the City on November 13, 14, and 16, 2023. He announced the PCH Safety Task Force meeting was scheduled for 10:00 a.m.

November 14, 2023, at City Hall. He reported that he worked on proposals for CHP patrols of PCH. He announced the Ghost Tire Memorial installation event would be held November 14, 2023, at 5:00 p.m. and a dedication of the full memorial on November 19, 2023, at 9:00 a.m. at Webb Way and PCH to honor those who lost their lives on PCH. He announced the next City Council meeting would be held after the Thanksgiving holiday closure, on Monday, November 27, 2023.

Mayor Uhring announced California State Senator Ben Allen and Assemblymember Jacqui Irwin, Los Angeles County Supervisor Lindsey Horvath, Los Angeles County Sheriff Robert Luna and Captain Seetoo, and representatives from Caltrans and CHP would attend the PCH Task Force meeting. 25 Malibu City Council
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Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided crime statistics for October 2023. He reported year-to-date there were 390 part one crimes, compared to 438 the year prior at the same time, representing an 11 percent decrease. He discussed PCH safety and reported that on November 7, 2023, six deputies from the Lost Hills Sheriff station conducted operation Safe Canyons with patrols from late evening to early morning, which yielded 35 citations, 25 of those for speeding. He stated that a traffic enforcement operation on PCH was planned for that week. He discussed recent accidents near Neptune’s Net, Decker Canyon, and PCH caused by speeding and inattention. He reported a student was speeding at 100 miles per hour was arrested the week prior on PCH at Webb Way. He stated that the Sheriff Department was collaborating with Pepperdine on a safe driving campaign. He discussed additional deputies funded by the City yielded 12 speeding citations, two unlicensed drivers, one suspended license, with three cars towed. He reported the arrest for reckless driving of an intoxicated unlicensed driver speeding at 80 miles per hour in a 45 mile per hour zone near the fatal crash site and stated their car was impounded. He reported a recreational vehicle was towed. He announced the Coffee with a Cop event was scheduled for 1:00 to 3:00 p.m. on November 14, 2023, in the courtyard at Malibu Country Mart near Cross Creek Road.

In response to Councilmember Riggins, Sergeant Soderlund stated from his observation speeding drivers were in the 20- to 30-year-old age group. In response to Councilmember Grisanti, he stated individuals arrested for reckless driving had a court case and an administrative Department of Motor Vehicles (DMV) hearing to determine the penalty. He stated that the DMV automatically suspended licenses of those convicted of driving while intoxicated. He stated that the DMV examined the license which was separate from the criminal proceedings. He stated that suspension of a license could be imposed by the court for reckless driving. In response to Councilmember Silverstein, he explained if a driver refused a chemical test, they automatically lost their license for a minimum of one year. He stated that those who submitted to a chemical test had their license suspended, pending a DMV hearing where their license could be suspended or restricted. In response to Mayor Pro Tem Stewart, he stated that the District Attorney instructed that unlicensed drivers or those driving on a suspended license were treated as a misdemeanor infraction.

Mayor Uhring thanked Sergeant Soderlund for his service and commented that their efforts made a positive impact.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Riggins reported she attended the MMHS groundbreaking, Malibu Half Marathon and 5K, and Assemblymember Irwin’s event at the 69 Bravo helicopter pad and discussed the improved public safety it provided. She reported she attended a County Community Resilience meeting with LA County Supervisor Lindsey in Agoura Hills and encouraged the community to avail themselves of the resources provided. She reported she attended a Clean Power Alliance board 26 Malibu City Council
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meeting. She reported she attended the Optimist Club Youth Appreciation event honoring students on community spirit and read their credo for community inspiration. She encouraged drivers to focus on driving and refrain from multitasking.

Councilmember Grisanti reported he attended the MMHS groundbreaking, Business Roundtable meeting, and Malibu Half Marathon and 5K. He stated that he directed people to use the crosswalk at the half marathon rather than jaywalking.

He stated he and Councilmember Riggins attended school district separation team meetings. He stated he attended the community safety meeting in Agoura Hills. He stated he planned to attend State of the City events for Calabasas and Agoura Hills.

Councilmember Silverstein stated he did not attend many events and focused on research and answering questions from the public. He stated he attended an Administration and Finance Subcommittee meeting. He stated he hoped the PCH Task Force meeting resulted in action. He discussed Public Safety Power Shutoff (PSPS) events and stated that they inordinately impacted specific segments of the population but benefited the entire population. He recommended the City explore ways to support residents who repeatedly lost power. He suggested the City lobby the State to adopt legislation that imposed a fine or fee on power companies for PSPS events based on the number of households and hours without power to fund solutions and mitigation of the negative effects.

Mayor Pro Tem Stewart suggested more research on how PSPS events and Southern California Edison (SCE) operated before fines and mitigation solutions were proposed.

Mayor Uhring stated he would like an explanation and additional information from SCE about their operation.

Councilmember Grisanti pointed out that under SCE’s license to operate in the State of California, they were guaranteed a profit and when they lost litigation, they received permission to have costs passed on to the customers.

Councilmember Silverstein stated that SCE was a for profit organization that had no incentive to spend money to harden areas unless legislatively required or the cost of not doing so was greater.

Mayor Pro Tem Stewart stated he attended the 69 Bravo event, Assemblymember Horvath’s presentation, the Malibu Half Marathon and 5K, and the Business Roundtable.

Mayor Pro Tem Stewart requested a consensus to direct staff to bring back an item to allow each Councilmember to have the option to appoint an alternate planning commissioner to serve in the event of recusal, or medical, travel, or business reasons. He requested the City Attorney prepare a memo outlining how that might be accomplished. He stated that this had never been done in California before and 27 Malibu City Council
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they would be setting a new standard. He suggested a meeting to discuss the proposal once the City Attorney prepared a memo and there was a better understanding of the proposal.

Councilmember Grisanti stated that he was in favor of the City Attorney providing the information needed for them to make an informed decision.

Councilmember Riggins indicated agreement with Councilmember Grisanti.

Mayor Uhring stated that during the four years he served on the Planning Commission, there was only one occasion where there was a tie vote, and that was due to a Planning Commissioner recusal. He voiced concern that Planning Commissioners needed to fully understand and apply the rules and an alternate Commissioner might not be called upon for years and questioned their effectiveness. He stated that he did not see the matter as an enormous problem.

Councilmember Silverstein stated that he supported bringing the matter back for discussion, because he supported bringing back anything that anyone on the Council felt was important to discuss. He stated that he was inclined to be opposed to the proposal itself but would wait to hear more information. He stated that a twotwo tie vote was a rejection. He stated that it was not a problem when there was an occasional two-two tie, it was just another way to get a no. He stated that projects that were not objectionable, did not end up with a no vote. He stated that objectional projects often ended up with a yes vote.

Mayor Pro Tem Stewart clarified that it was not about breaking the two-two ties as much as ensuring everyone on the Council had a representative at the Planning Commission meetings. He stated that the commitment to 24 meetings per year was a deterrent for potential commissioners and splitting up duties amongst people was beneficial. He stated that bringing it back for discussion was worthwhile.

Councilmember Silverstein stated that the Council could do many things by adopting ordinances, which included the matter at hand. He stated that the Council did not need the City Attorney to tell them whether they could do it.

In response to Councilmember Silverstein, Interim City Attorney Rusin stated that assertion depended upon whether it conflicted with State law. He stated that the Council had police power and ability to regulate things not controlled by the State or County. He stated the Avalon had one alternate Planning Commissioner and was not aware of a one-to-one type of replacement but could research the matter.

CONSENSUS
By consensus, the Council directed staff to bring back a report on feasibility and actions needed for appointment of an alternate Planning Commission by each Councilmember.

Mayor Pro Tem Stewart commended City staff’s performance when fire broke out 28 Malibu City Council
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just after 1:00 a.m. in Topanga on November 9, 2023. He stated that there were marked improvements from the City’s understaffed response to the 2018 Woolsey Fire. He reported that he attended the Veterans Day ceremony in the Council Chambers, and it was an honor to be in the presence of the heroes and remember those who were no longer with them. He emphasized the importance of the PCH Task Force meeting. He reported that he attended the November 6, 2023, swearing in of his appointee on the Planning Commission. He stated that over the past eight months, he interviewed seven candidates potential commissioner candidates, three of whom were women. He stated that all but one of the seven very qualified people expressed concerns about the unwarranted comments on social media and elsewhere and how it would affect their professional careers and their reputations even more than the time commitment. He discussed the damage uninformed social media posts had on recruitment of qualified commissioners. He urged the community to set the pace on PCH by observing the speed limit.

Mayor Uhring reported that he, Councilmember Riggins, Environmental Sustainability Director Bundy, and Dark Sky Ordinance consultants toured commercial properties to see compliance progress. He announced an Environmental Sustainability Subcommittee meeting would be held November 15, 2023, for discussion on changes to the ordinance that allowed for quicker implementation. He reported that he attended the Veterans Day ceremony.

Councilmember Grisanti stated that he attended the Veterans Day ceremony and commended Mayor Uhring’s introduction and representation of the City.

CONSENSUS
By consensus, the Council directed staff to invite a representative from Southern California Edison to provide an update on Public Safety Power Shutoffs.

ITEM 3 CONSENT CALENDAR
Item No. 3.B.8. was pulled by the Council.

MOTION Mayor Uhring moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item No. 3.B.8. The question was called, and the motion carried unanimously, Councilmember Silverstein opposed Item No. 3.B.4.

The Consent Calendar consisted of the following items:

A. Previously Discussed Items
None.

B. New Items

2. Approve Warrants
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Recommended Action: Allow and approve warrant demand numbers 70592-70814 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. 735 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 5,059,745.94. City of Malibu payroll check number 5382-5384 and ACH deposits were issued in the amount of $722,284.47.

3. Approval of Minutes
Recommended Action: Approve the minutes for the February 27, 2023 Malibu City Council Regular meeting, March 13, 2023 Malibu City Council Regular meeting, and March 22, 2023 Malibu City Council Special meeting.

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

5. Award Malibu Park Resurfacing Project
Recommended Action: 1) Approve the award and authorize the Mayor to execute a construction contract with J & H Engineering General Contractors, Inc. in the amount of $658,817 for the construction of the Malibu Park Resurfacing Project, Specification No. 2107; and 2) Authorize the Public Works Director to approve any potential change orders up to 19% of the contract amount.

6. Westward Beach Road Shoulder Repair Project
Recommended Action: 1) Approve the award and authorize the Mayor to execute a construction contract with J & H Engineering General Contractors, Inc. (J&H) in the amount of $64,363.50 for the construction of the Westward Beach Road Shoulder Repair Project, Specification No. 2070; and 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount.

7. Award Professional Services Agreement with Water Resources Economics, LLC
Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Water Resources Economics, LLC to prepare the 2024 Wastewater and Recycled Water Rates Update for the Civic Center Water Treatment Facility (CCWTF) – Phase One.

9. Investment Report for the Month Ending September 30, 2023 Recommended Action: Receive the Investment Report for the month ending September 30, 2023.

10. Fee Study Professional Services Agreement
Recommended Action: Authorize the Mayor to execute the Professional Services Agreement with Matrix Consulting Group, Ltd., for conducting a Fee Study.

11. Amendment to Professional Services Agreement with Stoel Rives LLP 30 Malibu City Council
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Recommended Action: Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with Stoel Rives LLP for a total contract amount not-to-exceed $175,000.

The following item was pulled from the consent calendar for individual consideration:

8. Rejection of Bids for the Legacy Park Benches and Arbors Renovations Project
Recommended Action: 1) Reject all bids received for the Legacy Parks Benches and Arbors Renovations Project, Specification 2105 and 2) Direct staff to split up the project into two separate projects and rebid the bench renovations portion of the project.

The Council directed questions to staff.

Public Works Director DuBoux presented the staff report.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to: 1) reject all bids received for the Legacy Parks Benches and Arbors Renovations Project, Specification 2105 and 2) direct staff to split up the project into two separate projects and rebid the bench renovations portion of the project. The question was called, and the motion carried unanimously.

This item was continued to the November 27, 2023 City Council meeting upon approval of the agenda.

ITEM 5 OLD BUSINESS
A. Woolsey Fire Fee Waiver Program
Recommended Action: Adopt Resolution No. 23-50 superseding and replacing Resolution No. 23-40, 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.

Planning Director Mollica presented the staff report.
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The Council directed questions to staff.

Mayor Uhring opened the floor to public comment.

Speaker: Norm Haynie

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. Haynie.

MOTION Mayor Uhring moved, and Councilmember Riggins seconded a motion to: 1) adopt Resolution No. 23-50 superseding and replacing Resolution No. 23-40, 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; 2) direct staff to bring back an item to discuss Ordinance No. 450 (Primary View Moratorium in Disaster Areas). The question was called, and the motion carried 4-1, Councilmember Silverstein opposed.

B. Initiate Code Amendments to Address Home-Sharing
Recommended Action: 1) Receive a report from staff; and 2) Adopt Resolution No. 23-16 initiating an amendment to the Malibu Municipal Code (MMC) and initiating an amendment to the Local Coastal Program Local Implementation Plan confirming that timeshare use in the City is prohibited and finding the action exempt from the California Environmental Quality Act.

Planning Director Mollica presented the staff report.

The Council directed questions to staff.

Mayor Uhring opened the floor to public comment.

Speaker: Jo Drummond
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 Grisanti moved to adopt Resolution No. 23-16 initiating an amendment to the Malibu Municipal Code (MMC) and initiating an amendment to the Local Coastal Program Local Implementation Plan confirming that timeshare use in the City is prohibited and finding the action exempt from the California Environmental Quality Act.
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FRIENDLY AMENDMENT
Councilmember Riggins seconded the motion and moved to direct the Planning Commission to schedule a public hearing to consider a Zoning Text Amendment and Local Coastal Program Amendment clarifying the timeshare prohibition.

The amendment was accepted by the maker of the motion.

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

FRIENDLY AMENDMENT
Councilmember Silverstein moved to amend the amended motion to instruct the Planning Commission to not address existing timeshares.

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

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

ITEM 6 NEW BUSINESS
A. MOU and License Agreement with Zuma Beach FM Emergency and Community Broadcasting, Inc. (KBUU) for a Booster Antenna at Malibu Bluffs Park (Continued from October 23, 2023)
Recommended Action: Authorize the Mayor to enter into a License Agreement and Memorandum of Understanding with Zuma Beach FM Emergency and Community Broadcasting, Inc. to utilize Malibu Bluffs Park as the location for an FM booster station.

In response to Interim City Attorney Rusin, Councilmembers Grisanti and Riggins and Mayor Pro Tem Stewart stated any donation they had made to KBUU was not donated for the project being discussed.

Public Safety Director Dueñas presented the staff report.

Mayor Uhring opened the floor to public comment.

Speaker: Hans Laetz
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.

MOTION Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to authorize the Mayor to enter into a License Agreement and Memorandum of Understanding with Zuma Beach FM Emergency and Community Broadcasting, Inc. to utilize Malibu Bluffs Park as the location for an FM booster station. The question was called, and the motion carried unanimously.

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Recommended Action: Adopt Resolution No. 23-51 authorizing the one-time closure of City Hall for the designated period of Friday, December 22, 2023, through Monday, January 1, 2024.

Deputy City Manager Brown presented the staff report.

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

The Council discussed the item.

MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to adopt Resolution No. 23-51 authorizing the one-time closure of City Hall for the designated period of Friday, December 22, 2023, through Monday, January 1, 2024.

The question was called, and the motion carried unanimously.

RECESS At 8:45 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 8:56 p.m. with all Councilmembers present.

C. Consideration of Declaration of Emergency Regarding Conditions on PCH Recommended Action: Adopt Resolution No. 23-52 declaring the existence of a local emergency.

Interim City Attorney Rusin presented the staff report.

Mayor Uhring opened the floor to public comment.

Speakers: Jo Drummond and Ryan Embree
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 Mayor Pro Tem Stewart seconded a motion to adopt Resolution No. 23-52 declaring the existence of a local emergency.

The Council discussed the motion and directed questions to staff.

FRIENDLY AMENDMENT
Councilmember Riggins moved to amend the language in Recital F from “noticed” to “tragically aware.”
The amendment was accepted by the maker and the seconder of the motion.

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

MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 7.A. before 6.D.

The Council discussed the motion.

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

ITEM 7 COUNCIL ITEMS
A. Smart Coast California Presentation (Councilmember Grisanti) (Continued from October 23, 2023)
Recommended Action: At the request of Councilmember Grisanti, receive a presentation from Smart Coast California describing the organization’s purpose and their efforts to facilitate collaboration between local municipalities and state agencies, and determine whether to join the Smart Coast Municipal Collective group.

Councilmember Grisanti presented the staff report.

Mayor Uhring opened the floor to public comment.

Speakers: Marta Brown, Howard Rudzki, Jo Drummond, Norm Haynie, and Ryan Embree
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 Ms. Brown.

MOTION Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to table for one year consideration of joining the Smart Coast Municipal Collective group.

The Council discussed the motion.

The question was called, and the motion carried unanimously.

ITEM 6 NEW BUSINESS (Continued)
D. Consideration of Gift of Smart Coast California Membership Fees from Councilmember Grisanti (Continued from October 23, 2023) Recommended Action: Determine whether to accept a gift from Councilmember Grisanti to underwrite the cost of the City joining the Smart Coast California Municipal Collective for each year that he is on the City Council. 35 Malibu City Council
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MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to postpone for one year the determination of whether to accept a gift from Councilmember Grisanti to underwrite the cost of the City joining the Smart Coast California Municipal Collective for each year that he was on the City Council.

The question was called, and the motion failed, 2-2-1, Councilmember Silverstein and Mayor Uhring opposed, and Councilmember Grisanti abstained.

MOTION Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to remove from the agenda consideration of the gift of Smart Coast California membership fees from Councilmember Grisanti. The question was called and the motion carried 4-1, Councilmember Grisanti abstained.

ITEM 7 COUNCIL ITEMS (Continued)
B. Proposed 2024 Calendar of City Council Meetings
Recommended Action: Approve the proposed 2024 Calendar of City Council meetings.

City Clerk Pettijohn presented the staff report.

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

MOTION Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to approve the proposed 2024 Calendar of City Council meetings. The question was called, and the motion carried unanimously.

ADJOURNMENT
Mayor Uhring adjourned the meeting at 10:19 p.m.

MALIBU CITY COUNCIL

REGULAR MEETING
NOVEMBER 27, 2023

COUNCIL CHAMBERS
5:15 P.M.

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

MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 5:15 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 5:16 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

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

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

1. Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Communication from California Department of Housing and Community Development Regarding Noncompliance with Housing Element Deadlines Number of potential cases: (1)

REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:40 p.m.

Attachment 4
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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; Todd Leishman, Deputy City Attorney; Jason Lawrence, Deputy City Clerk; Solishia Andico, Environmental Sustainability Analyst; Tyler Eaton, Senior Planner; and Joyce Parker Bozylinski, Contract Planner

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:15 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Sections 54956.9(d)(1) and 54956.9(d)(2), with all Councilmembers present. He stated the Council discussed the items 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 November 17, 2023, with the amended agenda posted on November 22, 2023.

PLEDGE OF ALLEGIANCE
Sherman Baylin led the Pledge of Allegiance.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to approve the agenda, continuing Item No. 1.A. to the December 11, 2023 meeting.

The question was called, and the motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Proclamation Declaring December 13, 2023 Dick Van Dyke Day This item was continued upon approval of the agenda.

B. Update on Slope Failure 2023
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Analyst Andico presented an update on 2023 slope failures.

C. Update on Civic Center Water Treatment Facility Phase II Public Works Director DuBoux presented an update on the Civic Center Water Treatment Facility Phase II.

ITEM 2.A. PUBLIC COMMENTS
Jill Hawkins discussed her concerns about vaccine safety and discrimination experienced by unvaccinated individuals.

Norm Haynie discussed the four-year moratorium on new primary view determinations and delays to rebuild projects after the Woolsey Fire. He stated that a three-year extension of the moratorium should be granted.

Jo Drummond discussed Pacific Coast Highway (PCH) safety, and the Councilmembers’ participation in the Ghost Tires memorial ceremony. She suggested a redesign of PCH. She discussed Interim City Attorney Rusin’s direction on recusal criteria as it pertained to Councilmember Grisanti on the Smart Coast California Item No. 7.A. on the November 13, 2023 City Council agenda.

She questioned the Interim City Attorney’s interpretation of what vote count constituted a denial of Planning Commission projects. She discussed Councilmember Riggins climate change comments. She discussed solutions for the Farmers’ Market.

Lee LaPlante introduced a video presentation on the Farmers’ Market.

Ingrid Jenson discussed the advantages of keeping the Farmers’ Market at Legacy Park. She asked those in the audience to stand in support of the Farmers’ Market.

Sherman Baylin discussed the lengthy process that the Farmers’ Market went through with multiple governmental agencies for approval and the recent $6,460 fine levied against them.

Caroline Artiss introduced a video presentation on the Farmers’ Market.

Mel Sobolewski discussed the Farmers’ Market reduced space available for the market since the completion of Santa Monica College Malibu campus.

Veronica Trentadue indicated support for making PCH safer. She discussed her support for the Farmers’ Market to be allowed at Legacy Park.

Debra Bianco discussed the Farmers’ Market and the market’s contribution to the community. She discussed the Facebook page Transparency Malibu and stated all her communications with the City were posted there.
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Margo Romdo stated she intended to present a video. Media Technician Davis clarified that the video was not received by the deadline for presentation materials.

Annie Ellis discussed her support for allowing the Farmers’ Market to be held at Legacy Park and changes made in the city over the 65 years she resided in Malibu.

She stated that it was not safe to walk her dog in Legacy Park due to homeless encampments.

John G. commented on the community benefit of the Farmers’ Market and advocated for it to be held at Legacy Park.

Alexander Gellis discussed the benefits of having the Farmers’ Market at Legacy Park.

Luis Rincon Jr. voiced his support for the Farmers’ Market.

Kathryn Yarnell discussed the Farmers’ Market and the donation she made to have a plaque displayed in Legacy Park.

Jefferson Wagner discussed solutions for the Farmers’ Market.

Tina Segel stated her family were Malibu homeowners for more than 50 years. She discussed the PCH memorial and offered the community’s support in the City working with Caltrans to improve highway safety. She stated that increased enforcement was helpful, but more measures were needed.

Barry Stewart stated he was father of Peyton Stewart, one of four Pepperdine students killed on PCH in October 2023. He discussed PCH safety efforts by the organizations Streets Are For Everyone (SAFE) and Fix PCH. He commended the Council’s efforts to implement immediate measures to improve highway safety. He requested the following measures were taken by the City unilaterally: speed limit reduction to 35 miles per hour, traffic calming barriers, speed cameras, and increased penalties on the four mile stretch of PCH where most of deaths occurred.

Georgia Goldfarb stated she participated in the Farmers’ Market regularly and supported it be held in Legacy Park or moved to the Ioki parcel.

Bill Sampson stated he recently saw a car pulled over for speeding and reckless driving. He agreed with the comments made by Mr. Stewart about PCH safety. He stated that he and his wife did not frequent the Farmers’ Market because of traffic, and, if the Farmers’ Market was important to the community, he suggested a solution be found.

Damian Kevitt stated that SAFE was part of a Caltrans advisory committee that considered all modes of transportation. He stated at the committee meeting held that day a topic of discussion was the minimum of seven to eight years it took Caltrans to redesign roads without the Governor stepping in and removing some of 40 Malibu City Council
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the bureaucracy.

Keegan Bells commented on challenges experienced during his military service and funding for the Farmers’ Market.

David Rolston discussed his daughter Niamh Rolston’s death on PCH and the students’ enjoyment of the Farmers’ Market. He commented on the length of time the signal synchronization project had taken and the lack of prioritization by Caltrans. He voiced his support for the declaration of the State of Emergency and for PCH measures implemented immediately.

Todd Thompson read a statement on behalf of Mr. Stewart that indicated his support for working at his own expense to help make PCH safer. He discussed his daughter Bridgette Thompson and her friendship with the Pepperdine students who died on PCH and the impact it had on her. He stated that he spoke for all the parents of the students who died on PCH who lived on the east coast and could not attend the meeting. He thanked the City and Pepperdine for their efforts during the tragedy.

Woulani O’Herlihy, Wilham Miller, Sanaz Aghachi, Michael Granely, Nikki Corzine, Melissa, Veronica Trentada, and Ryan Embree were not available at the time of the hearing.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary discussed the Farmers’ Market and stated that the City made efforts to help the market with relocation and waivers of fees. He stated that the difficulties with keeping the market at Legacy Park were deed restrictions and zoning. He clarified that the City did not permit Nobu’s July Fourth event and they were subject to a citation and fine. He stated that the Farmers’ Market was held eight times in Legacy Park after the expiration of their temporary use permit (TUP).

He stated that the City was willing to work with the organizers of the market on solutions. He stated a PCH Task Force meeting was held at City Hall on November 14, 2023 with law enforcement partners, government officials, and Caltrans. He stated a video of the meeting was available on the City’s website and a PCH Safety information webpage was in development. He commented on efforts for a California Highway Patrol (CHP) presence on PCH. He stated that Southern California Edison would provide a presentation on Public Safety Power Shutoffs (PSPS) at a future Council meeting. He discussed the recent Coastal Vulnerability Workshops and stated that a frequently asked questions worksheet would be available on the City’s website. He discussed a rain barrel giveaway event on November 18, 2023 and stated that more than 150 barrels were distributed. He reported that he attended the two Ghost Tire dedication events held on November 14 and 19, 2023 and thanked those involved in the very moving events. He reported that he attended a mediation for school district separation and planned to attend another that was scheduled for later in the week. He reported that he attended the first City Council Policy Review Ad Hoc committee meeting to discuss workplace 41 Malibu City Council
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culture. He acknowledged the Public Works staff for their work on PSPS response, PCH safety, Ghost Tire Memorial, PCH Signal Synchronization project, and Civic Center Wastewater Treatment Facility Phase II. He thanked Interim Deputy City Manager Rob Houston for his service and congratulated him on his appointment to a new City Manager position in Los Angeles County.

In response to Councilmember Silverstein, City Manager McClary stated that an urgency ordinance was adopted for temporary permitting of the Farmers’ Market at Legacy Park and in informal conversations with the deed owner there were no concerns for short term use by the Farmers’ Market.

Sergeant Chris Soderlund, Los Angeles County Sheriff’s Department, reported that 120 citations were issued, the majority for speeding, ten arrests, and towed seven vehicles. He reported that a street racing operation was held on November 14, 2023, which yielded 33 citations, 31 of which were for speeding, two drivers had suspended licenses, and one individual was arrested for driving under the influence (DUI) with two outstanding warrants for DUI. He stated that two 20-year-old individuals were arrested for reckless driving and racing on PCH near Topanga Canyon, with both vehicles impounded for 30 days. He stated that deputies were attending LiDar training and requested the City provide additional LiDar handheld units. He stated that the Sheriff’s Department, the City, Caltrans, and stakeholders were scheduled to meet that week to assess PCH safety. He discussed an incident where a deputy was hit by a passing vehicle’s sideview mirror while he pulled over a vehicle on PCH for speeding and fortunately was not seriously injured. He discussed the move over law, which required passing vehicles to move over one lane away from a stopped emergency vehicle or slow down if there was not room to move over. He encouraged the public to refrain from drinking and driving during the holiday season.

Councilmember Grisanti stated that he set the cruise control on his vehicle to the speed limit while driving. He stated he had seen vehicles pulled over by law enforcement where he had not before.

In response to Councilmember Silverstein, Sergeant Soderlund stated that multiple factors including enforcement, education, and engineering were useful in slowing drivers. He stated that individuals arrested for DUI were not released from custody until they were sober enough to drive.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he had a good holiday. He stated that he attended multiple meetings related to school district separation. He stated that he was grateful to live in Malibu. He stated that he drove the speed limit from Malibu to Santa Monica and did not hit a single red light and encouraged the public to drive the speed limit.

Councilmember Riggins thanked the public speakers. She urged the public to 42 Malibu City Council
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contact Governor Gavin Newsom to reduce speed limits on PCH. She stated that the speed limit should be reduced from the eastern City limits to Webb Way and from Kanan Dume Drive to Trancas Canyon Road. She thanked City staff and those involved in getting the California Highway Patrol (CHP) back into Malibu. She requested primary view determinations be researched as they pertained to impacts of the Woolsey Fire. She commented on the Farmers’ Market and the fact that more leaders were not at the Council meeting and suggested consensus on a discussion at a future Council meeting. She reported that school district separation meetings were continuing. She wished the community a safe and happy holiday season.

Councilmember Silverstein discussed the City’s powers and the PCH emergency declaration. He stated that he would continue to speak on the matter until effective measures were taken. He requested consensus that a further declaration be brought back, an urgency ordinance, or some other resolution that would have the effect of creating traffic calming measures on PCH.

Mayor Pro Tem Stewart stated that the existing laws needed to be enforced.

Mayor Uhring indicated support for a discussion on Councilmember Silverstein’s comments.

Councilmember Riggins indicated opposition to Councilmember Silverstein’s proposed item because there were measures that were already planned and it was unclear who would implement additional changes.

Councilmember Grisanti stated enforcement of current laws was most effective in preventing speeding and encouraged driving the speed limit to help slow traffic.

Councilmember Silverstein stated he would bring the matter up at future meetings.

Councilmember Silverstein commended the public speakers for their comments on the Farmers’ Market. He stated he could not advocate for something he believed to be unlawful so he could not advocate for the Farmers’ Market to be at Legacy Park when the deed restrictions required the consent of multiple parties who had not consented.

CONSENSUS
By consensus, the Council directed staff to bring back a report with options to approve alternative operation setups for the Farmers’ Market.

Mayor Pro Tem Stewart stated he attended a City Council Policy Review Ad Hoc meeting where they worked on Commissioner and Councilmember code of conduct. He reported that he attended the PCH Safety Task Force meeting. He stated that he attended the Ghost Tire ceremonies on November 14 and 18, 2023.

He stated that he attended the Coffee with a Deputy event. He wished Dick Van Dyke good health and hoped he would be able to attend the next Council meeting.

He commended everyone involved in getting the CHP patrols back on PCH. He 43 Malibu City Council
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stated the City Manager could approve additional funding for LiDAR units. He stated the number of cars racing on PCH was greatly reduced. He commended outgoing Interim Deputy City Manager Houston for his service. In response to public comment about the Farmers’ Market, he stated that he liked the Legacy Park location, but uses were deed restricted and there was a zoning restriction. He encouraged everyone to observe the speed limit and set the pace on PCH.

In response to Councilmember Silverstein, Interim City Attorney Rusin stated there were State regulations regarding self-driving cars.

Mayor Uhring stated he attended the rain barrel giveaway event but they had run out and he was pleased with the community’s participation. He stated he attended the PCH Safety Task Force meeting and the PCH Ghost Tire memorial. He stated he was disappointed Councilmember Silverstein’s proposed PCH discussion item did not reach consensus. He discussed the Farmers’ Market and stated that he did not believe there was a deed restriction. He suggested the City and the County discuss solutions.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.5., 3.B.6. and 3.B.7. were pulled by the public. Item Nos. 3.B.8. was pulled by the Council.

MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.5., 3.B.6. 3.B.7. and 3.B.8.

The question was called, and the motion carried unanimously, Councilmember Silverstein opposed Item No. 3.B.4.

The Consent Calendar consisted of the following items:

A. Previously Discussed Items
None.

B. New Items

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 70815-70943 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. 736 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $872,291.93. City of Malibu payroll check number 5385-5391 and ACH deposits were issued in the amount of $424,968.57.

3. Approval of Minutes
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Recommended Action: Approve the minutes for the March 27, 2023 Malibu City Council Regular meeting, April 10, 2023 Malibu City Council Regular meeting, and April 20, 2023 Malibu City Council Special meeting.

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

5. Contract with California Highway Patrol
Recommended Action: Receive and file a report on an emergency contract with the California Highway Patrol for traffic enforcement services.

City Manager McClary presented the staff report.

Mayor Uhring opened the floor to public comment.

Speaker: Jo Drummond
Ryan Embree was not available at the time of the hearing.

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

The Council discussed the item.

Without objection, Mayor Uhring received and filed a report on an emergency contract with the California Highway Patrol for traffic enforcement services.

6. Los Angeles County Measure M Transportation Funding Agreement Recommended Action: Authorize the Mayor to execute the Los Angeles County Measure M Amended and Restated Funding Agreement for the Pacific Coast Highway Median Improvements – Paradise Cove to Zuma Project.

Mayor Uhring opened the floor to public comment.

Speaker: Ryan Embree
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. 45 Malibu City Council
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MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to authorize the Mayor to execute the Los Angeles County Measure M Amended and Restated Funding Agreement for the Pacific Coast Highway Median Improvements – Paradise Cove to Zuma Project.

The question was called, and the motion carried unanimously.

7. 2023-2028 Capital Improvement Plan
Recommended Action: Approve the Fiscal Year 2023-2028 Capital Improvement Plan.

Mayor Uhring opened the floor to public comment.

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

MOTION Mayor Pro Tem Stewart moved, and Councilmember Silverstein seconded a motion to approve the Fiscal Year 2023-2028 Capital Improvement Plan.

The question was called, and the motion carried unanimously.

8. Film Society Grant Update
Recommended Action: Receive and file an update on the proposed Film Society grant.

The Council discussed the item and directed questions to staff.

Without objection, Mayor Uhring received and filed an update on the proposed Film Society Grant.

RECESS At 9:40 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 9:50 p.m. with all Councilmembers present.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. An amendment to Title 17 (Zoning) of the Malibu Municipal Code and the Local Coastal Program to Update Regulations Related to Accessory Dwelling Units (Continued from November 13, 2023)
Recommended Action: 1) Adopt Resolution No. 23-43 determining Local Coastal Program Amendment (LCPA) No. 18-002 is exempt from the California Environmental Quality Act (CEQA) and amending Chapter 3 (Marine and Land Resources) and Chapter 5 (New Development) of the land use plan pertaining to accessory dwelling units; 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 510, approving LCPA No. 18-002, an amendment to the Local Coastal Program (LCP) to update ADU regulations and determining the amendments are exempt from the CEQA; 3) After the City 46 Malibu City Council
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Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 511, approving Zoning Text Amendment No. 18-004 an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and determining the amendments are exempt from CEQA; 4) Direct staff to schedule second reading and adoption of Ordinance No. 510 and Ordinance No. 511 for the December 11, 2023 City Council Regular meeting.

Contract Planner Parker-Bozylinski, and Senior Planner Eaton presented the staff report.

The Council directed questions to staff.

Mayor Uhring opened the floor to public comment.

Speakers: Helmut Meissner, Yun Kim, Anna Nicolas, Mark Baute, Jo Drummond, and Ryan Embree
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, Mr. Meissner, Ms.

Kim, and Mr. Baute.

MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to: 1) adopt Resolution No. 23-43 determining Local Coastal Program Amendment (LCPA) No. 18-002 is exempt from the California Environmental Quality Act (CEQA) and amending Chapter 3 (Marine and Land Resources) and Chapter 5 (New Development) of the land use plan pertaining to accessory dwelling units; 2) after the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 510, approving LCPA No. 18-002, an amendment to the Local Coastal Program (LCP) to update ADU regulations and determining the amendments are exempt from the CEQA; 3) after the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 511, approving Zoning Text Amendment No. 18-004 an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and determining the amendments are exempt from CEQA; and 4) direct staff to schedule second reading and adoption of Ordinance No. 510 and Ordinance No. 511 for the December 11, 2023 City Council Regular meeting.

The Council discussed the motion.

FRIENDLY AMENDMENT
Councilmember Silverstein moved to amend the motion to leave out the requirement for two entrances if the square footage of the ADU was not increased to 1,200 square feet and was limited to 900 square feet.

The amendment was not accepted by the maker of the motion. 47 Malibu City Council
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The Council discussed the motion.

The motion was withdrawn.

MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to continue to the December 11, 2023 meeting an amendment to Title 17 (Zoning) of the Malibu Municipal Code and the Local Coastal Program to Update Regulations Related to Accessory Dwelling Units.

FRIENDLY AMENDMENT
Councilmember Grisanti moved to amend the motion to direct staff to schedule the hearing before Item No. 2.A. on the December 11, 2023 agenda.

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

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

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 6.A. after 10:30 p.m. The question was called, and the motion failed 3-2, Councilmember Silverstein and Mayor Uhring opposed.

MOTION Councilmember Silverstein moved, and Mayor Uhring seconded a motion to hear Item Nos. 6.A. and 7.A. after 10:30 p.m. The question was called, and the motion carried 4-1, Councilmember Grisanti opposed.

A. Parking Enforcement
Recommended Action: 1) Receive a report on current parking enforcement operations; 2) Review options for increased parking enforcement; and 3) Provide direction to staff if appropriate.

Public Safety Director Dueñas presented the staff report.

Mayor Uhring opened the floor to public comment.

Speaker: Ryan Embree
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. 48 Malibu City Council
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MOTION Mayor Pro Tem Stewart moved, and Councilmember Silverstein seconded a motion to direct staff to issue an RFP for parking enforcement services. The question was called, and the motion carried unanimously.

ITEM 7 COUNCIL ITEMS
A. Charmlee Wilderness Park Nature Center Name Change (Mayor Uhring) Recommended Action: At the request of Mayor Uhring: 1) Consider a Charmlee Wilderness Park nature center name change in honor of Walt and Lucille Keller; and 2) Provide direction to staff, as needed, to conduct additional research on the feasibility of this project.

Mayor Uhring presented the report.

Mayor Uhring opened the floor to public comment.

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

The Council discussed the item.

MOTION Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to 1) rename the Charmlee Wilderness Park Nature Center in honor of Walt and Lucille Keller; and 2) direct staff to bring back any additional items necessary to memorialize this change.

FRIENDLY AMENDMENT
Mayor Pro Tem Stewart moved to amend the motion to direct staff to conduct additional research on the feasibility of renaming the building and come back with something the Council could approve.

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

The question was called and the motion carried unanimously.

ADJOURNMENT
Mayor Uhring adjourned the meeting at 12:30 a.m., on November 28, 2023 49 Malibu City Council
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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)
50 MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
DECEMBER 11, 2023

COUNCIL CHAMBERS
5:30 P.M.

The following meeting was held pursuant to AB 361 and teleconferenced 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 5:30 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8

1. Properties: APN 4453-005-013
APN 4453-005-018
APN 4453-005-111
APN 4453-005-114
APN 4453-005-117
APN 4453-005-118
APN 4459-004-001
APN 4459-004-004
APN 4459-005-003
APN 4459-005-013
APN 4459-005-001
Agency Negotiators: Councilmember Marianne Riggins and Mayor Pro Tem Doug Stewart
Negotiating Parties: EQ Property Holdings LLLP
Under Negotiation: Price and terms of payment
Attachment 5
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Conference with Legal Counsel – Anticipated Litigation

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

REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:35 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; Todd Leishman, Deputy 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; Richard Mollica, Planning Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Christina Muñoz, Deputy City Clerk; Tyler Eaton, Senior Planner; Adrian Fernandez, Assistant Planning Director; and Joyce Parker Bozylinski, Contract Planner

PLEDGE OF ALLEGIANCE
Graeme Clifford led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on December 1, 2023, with the amended agenda posted on December 8, 2023.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to approve the agenda.
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FRIENDLY AMENDMENT
Councilmember Riggins moved to adjourn in memory of Carl Volante.

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

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

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Proclamation Declaring December 13, 2023 Dick Van Dyke Day Mayor Uhring presented the proclamation to Dick Van Dyke.

Mr. Van Dyke discussed his life in Malibu and thanked the Council for the proclamation.

B. Presentation of City Tile to Jeff Jennings for his service on the Planning Commission
Mayor Pro Tem Stewart presented a City Tile to Jeff Jennings for his service on the Planning Commission.

Mr. Jennings commented on his time with the City and stated it was a privilege to serve Malibu.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. An amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) and the Local Coastal Program to Update Regulations Related to Accessory Dwelling Units (Continued from November 27, 2023)
Recommended Action: 1) Adopt Resolution No. 23-43 approving LCP Amendment (LCPA) No. 18-002, amendments to Chapter 3 (Marine and Land Resources) and Chapter 5 (New Development) of the Local Coastal Program (LCP) Land Use Plan pertaining to accessory dwelling units (ADU), and finding the amendments exempt from the California Environmental Quality Act (CEQA); 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 510, approving LCPA No. 18-002, an amendment to the LCP to update ADU regulations, and Zoning Text Amendment (ZTA) No. 18- 004, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes and changing the term second units to accessory dwelling units (ADUs), and finding the amendments exempt from CEQA; 3) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 511, approving ZTA No. 18-004 an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and finding the amendments exempt from CEQA; 4) Direct staff to schedule second reading and adoption of Ordinance No. 510 and Ordinance No. 511 for the January 8, 2023 City Council Regular meeting.
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Contract Planner Parker Bozylinski presented the staff report.

The Council directed questions to staff.

Mayor Uhring opened the floor to public comment.

Speakers: Colin Drummond, Jo Drummond, Jaime Francis, and Ryan Embree 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 Grisanti moved, and Councilmember Riggins seconded a motion to: 1) adopt Resolution No. 23-43 approving LCP Amendment (LCPA) No. 18- 002, amendments to Chapter 3 (Marine and Land Resources) and Chapter 5 (New Development) of the Local Coastal Program (LCP) Land Use Plan pertaining to accessory dwelling units (ADU), and finding the amendments exempt from the California Environmental Quality Act (CEQA); 2) introduce on first reading Ordinance No. 510, as amended, clarifying the definition of guest house to include “no kitchen” approving LCPA No. 18-002, an amendment to the LCP to update ADU regulations, and Zoning Text Amendment (ZTA) No. 18-004, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes and changing the term second units to accessory dwelling units (ADUs), and finding the amendments exempt from CEQA; 3) introduce on first reading Ordinance No. 511, as amended to remove the owner occupancy requirements, approving ZTA No. 18-004 an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and finding the amendments exempt from CEQA; and 4) direct staff to schedule second reading and adoption of Ordinance No. 510 and Ordinance No. 511 for the January 8, 2023 City Council Regular meeting.

The Council discussed the motion and directed questions to staff.

FRIENDLY AMENDMENT
Mayor Pro Tem Stewart moved to amend the motion to: a) reduce the maximum square footage of an ADU to 1,000 square feet; and b) add Section 5 LIP Section(H)(1)(e) “Properties impacted by the 2018 Woolsey Fire that received a City permit for a temporary housing structure pursuant to LIP Section 3.6(M) (or MMC Section 17.40.040[A][18]) may convert the existing legally established temporary housing to an ADU even if the temporary housing exceeds the square footage limits established by this Chapter. However, (1) such an ADU cannot exceed 1,200 square feet and (2) the building permit for, and construction of, the temporary housing must have occurred before December 12, 2023.” The amendment was accepted by the maker and the seconder of the motion. 54 Malibu City Council
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The Council discussed the amended motion.

Interim City Attorney Rusin read the titles of Ordinance Nos. 510 and 511.

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

The Council discussed the matter and directed questions to staff.

CONSENSUS
By consensus, the Council directed staff to add further consideration of ADU regulations as a potential project to be considered at the March 20, 2024 Strategic Priority meeting.

ITEM 2.A. PUBLIC COMMENTS
Tim Pera, Mountains Recreation and Conservation Authority (MRCA), provided the November 2023 Ranger activity report. He stated that three administrative citations were issued for smoking in the backcountry on Escondido Trail and four citations issued for dogs on La Chuza Beach. He reported that there were no homeless encampments observed. He reported that 247 parking citations were issued, and no service calls were generated. He stated that there were continuous patrols for the busy weekends. In response to Councilmember Silverstein, he stated that parking citations were issued adjacent to MRCA properties as well as on their properties. He stated that he would provide the statute that permitted MRCA Rangers to issue citations at a future meeting. In response to Councilmember Riggins, he stated that clarification on citation revenue allocation to entities other than the MRCA would be provided at a future meeting. He provided information on staffing, duties, and trash pickup.

Norm Haynie discussed the four-year primary view determination disaster moratorium and recommended the Council add an agenda item to discuss extending the moratorium.

Graeme Clifford discussed traffic and accidents on Pacific Coast Highway (PCH).

He requested more enforcement and consequences as a deterrent to speeding and recommended adding speed cameras on PCH and exploration of self-driving cars.

Jo Drummond discussed ADUs and CEQA. She requested brush clearance by the MRCA at the Big Rock and PCH view corridor. She discussed using an urgency ordinance for the installation of medians on PCH until Caltrans was able to address PCH safety. She suggested the Chili Cookoff site for the Farmers’ Market if Legacy Park could not be used. She suggested removing individuals experiencing homelessness from Legacy Park.

Pamela Conley Ulich wished everyone happy holidays and stated that she served 55 Malibu City Council
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for eight years on the Malibu City Council. She discussed the global public mental health crisis and community involvement to address the problem locally.

She thanked those who helped with the Malibu Half Marathon and the Triathlon.

She discussed the importance of community facilities for youth and seniors, programs and events. She suggested Councilmembers engage in community activities and serve as role models for mental health and wellness.

Stephanie Sunwoo stated she represented more than 200 residents who wanted a robust wireless safety protocol. She discussed the importance of fire safety. She requested transparency by the City on the update to the wireless ordinance and permit applications.

Lonnie Gordon, Malibu for Safe Tech, questioned if the Environmental Sustainability Department reviewed engineering documents required for wireless communication facilities. She discussed fire safety protocols for wireless facilities.

Jaime Francis discussed the housing element, affordable housing, and housing discrimination.

Ryan Embree discussed his recommendation that the City apply for State and Federal traffic enforcement safety grants. He discussed speed limits imposed on State highways and requested someone be assigned to ensure opportunities for the City’s input were not lost. He stated that the cost of the California Highway Patrol (CHP) to ensure adequate enforcement coverage should be the burden of the State.

Red Chief Hunt and Colin Drummond were not present at the time of the hearing.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary announced a virtual PCH Task Force meeting on December 13, 2023 with an update on PCH safety progress. He announced information was available on the newly launched PCH Highway Safety web page, malibucity.org/pchsafety. He stated that a long-term contract for CHP traffic enforcement services was in progress. He announced the PCH signal synchronization project had begun. He stated that legislation would be introduced for expansion of the speed camera pilot project to include PCH through Malibu.

He stated the City communicated concerns and recommended modifications to Caltrans on improvements at Corral Canyon. He discussed Public Safety Power Shutoff warnings the past weekend due to the Red Flag wind conditions and confirmed that no shutoffs were imposed. He stated topics for the January 8, 2024 Council meeting included the Southern California Edison update, options for Farmers’ Market locations, and a recommendation for awarding a contract for the vacant land use consultant. He discussed the $60 billion State budget deficit with a $30 billion rainy day fund, and stated that it was unknown how that would affect Malibu. He stated that the City received an appeal of the Planning Commission’s 56 Malibu City Council
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approval of the skate park project and a Council hearing would be scheduled. He reminded everyone of the City Hall winter closure from December 22, 2023, through January 1, 2024, with limited services including code enforcement and building inspections. He stated the application filing deadline for special event permits and temporary use permits was December 21, 2023. He stated that County emergency services would be operating and City Public Safety staff would be monitoring conditions.

In response to Councilmember Silverstein, Public Works Director DuBoux stated he expressed concerns to Caltrans about the turn lane at Corral Canyon Road and the issue was being studied for solutions.

Councilmember Silverstein commented on the danger posed by drivers speeding in construction zones.

In response to Councilmember Riggins, Public Works Director DuBoux discussed the temporary cross walk at Corral Canyon and stated Caltrans was studying options to relocate it.

Councilmember Grisanti discussed traffic dangers at the Trancas Bridge construction site and stated there was not a quick way to build a bridge.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided crime statistics for November 2023. He reported there were 35 part one crimes, 12 of which were burglaries of locked vehicles, five were grand theft, and five were petty theft. He reported that year-to-date there were 425 part one crimes compared to 461 at the same time in 2022. He reported the arrest of an individual on December 1, 2023 for being drunk in public on Morningview Drive who was further charged with battery for spitting on the deputy during transport. He reported an arrest on Cross Creek Road for attempting to cash a fictitious check with counterfeit identification. He reported on November 3, 2023, Sephora on Cross Creek Road was the victim of an organized retail theft ring. He stated that the suspects were identified, and warrants issued for their arrest. He reported a mountain lion sighting was reported earlier in the day near a trash dumpster behind Malibu Seafood and reminded the public to remain aware. He reported that earlier in the day, the Sheriff’s Department toured PCH with Caltrans personnel. He discussed a December 3, 2023 incident at PCH and Webb Way, where a driver, while traveling at a high rate of speed, hit a parked vehicle and a marked Sheriff vehicle, injuring a community service officer. In response to Mayor Uhring, he stated that the driver was 53 years old. In response to Councilmember Grisanti, he stated that the driver’s vehicle was a total loss.

In response to Councilmember Silverstein, Sergeant Soderlund stated the drunk and disorderly individual had a Malibu address. He stated he discussed the residential burglary in West Malibu at the previous Council meeting. In response to Mayor Pro Tem Stewart, he stated that the reduction in citations for speeding, was in part because of a Deputy being out on leave. In response to 57 Malibu City Council
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Councilmember Riggins, he stated that he did not know if the mountain lion was the same one that was seen in Solstice Canyon.

Mayor Uhring stated that the community recognized and appreciated law enforcement efforts along PCH.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Silverstein requested a consensus to bring back a discussion item to consider unilateral actions the Council could take under the declaration of local emergency for safety on PCH. He discussed traffic calming measures that did not involve enforcement including electronic warning message signs, flashing red or yellow lights, lane separators, K-Rails, and closing lanes periodically. He suggested obtaining more decoy law enforcement vehicles, investigating the use of self-driving cars to calm traffic, closing middle turn lanes, blocking parking spaces with barriers, and other safety measures.

Councilmember Grisanti stated he would like Caltrans to present their list of projects at the December 13, 2023 PCH Task Force meeting before considering further action.

Councilmember Silverstein stated that his proposed discussion item would take place at the next Council meeting which was after the PCH Task Force meeting.

Councilmember Riggins stated that Senator Ben Allen, Assemblymember Jacqui Irwin, and County Supervisor Lindsey Horvath would attend the PCH Task Force meeting and were invested in creating legislation to support enforcement.

Councilmember Silverstein reiterated that his proposed discussion item would be on a Council meeting agenda scheduled after the PCH Task Force meeting and that no legislation would be adopted soon.

Mayor Pro Tem Stewart indicated support for bringing a PCH discussion item back. He suggested tracking legislation progress. He stated that the emergency ordinance was set to expire on January 13, 2024, and needed to be on the January 8, 2024 meeting agenda for a 60-day extension. He recommended scheduling an item for January 22, 2024, for a thorough review of projects in progress. He stated that the City needed to cooperate with elected officials and outside agencies.

Councilmember Silverstein recommended bringing both items back at the January 8, 2024 City Council meeting.

Councilmember Riggins indicated support for Mayor Pro Tem Stewart’s timeline.

Mayor Uhring indicated support for Councilmember Silverstein’s suggestion to have the discussion item and the extension of the declaration of a local emergency on the January 8, 2024 meeting agenda.
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Councilmember Silverstein clarified that his proposal was to have an item on the January 8, 2024 meeting agenda to consider whether to affirmatively enact unilateral actions that would make PCH safer pursuant to the City’s declaration of a local emergency.

Councilmember Grisanti questioned if the discussion was appropriate under Item No. 2.C.

Councilmember Silverstein stated that over the past two weeks he spent time in discussions with residents looking for options and sought consensus to have a discussion with possible action on unilateral measures they could take to improve safety on PCH. He stated that if there was no consensus, that concluded his report.

CONSENSUS
By consensus, the Council directed staff to: 1) bring back an item at the January 8, 2024 meeting extending the declaration of the existence of a local emergency regarding conditions on PCH; and 2) bring back a report at the January 22, 2024 meeting on PCH safety.

Councilmember Grisanti reported that the prior Thursday he attended the Southern California Association of Governments economic forecast which was brighter than he had anticipated. He reported that over the past weekend he attended the Big Rock holiday party and the memorial service for Carl Volante.

Councilmember Riggins reported that she attended school district separation meetings.

In response to Councilmember Riggins, Planning Director Mollica stated there were differences between the right-of-way and the private property wireless ordinances. He stated that the fire issue that was of concern to the public speakers was only on the private property wireless ordinance checklist and the public’s request centered on amending the right-of-way ordinance to match the private property ordinance. He stated that the Local Coastal Program Amendment (LCPA) had been sent to the California Coastal Commission (CCC), and the oneyear extension for comments would expire in February 2024. He stated that come February the options were for the CCC to take action, or the City could waive its right to have it processed in a timely manner. He stated that he expected the CCC would schedule a February 2024 hearing. He stated that posting requirements for proposed wireless sites were being observed and that the City received comments from the public.

Mayor Pro Tem Stewart stated that he attended the Business Roundtable meeting, opening of the Malibu High School tree lot, City Council Policy Review Ad Hoc Committee meeting, and Supervisor Horvath’s open house. He reported that he attended the First Bank Toys for Tots with the Navy League and the Big Rock Homeowners Association holiday event. In response to Mr. Embree, he stated that 59 Malibu City Council
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they were resource constraints and not cash constraints for law enforcement. In response to the public speakers, he stated that he personally checked on requests for documents related to wireless applications and was told that the public was given all available documents requested, but applications in process were not available.

Mayor Uhring stated that he attended many events. He discussed the fairness of the most recent election of the Planning Commission Chair. He stated it had been 55 days since the vehicle accident that resulted in the death of four Pepperdine students and that Caltrans had yet to take safety measures. He stated that the Council should do anything and everything to improve safety on PCH, including having a discussion on the matter.

Mayor Pro Tem Stewart commented on view determination time limits. He stated that during a City Council appeal hearing, an architect stated that when the notice goes out about a hearing on a property, that you only had so many days to file your primary view determination as opposed to waiting until the day before an appeal was heard at City Council. He stated that he would appreciate it if those two items were brought back together.

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

The Consent Calendar consisted of the following items:

A. Previously Discussed Items
None.

B. New Items

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 70944-70990 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. 737 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $333,863.08. City of Malibu payroll check number 5392-5393 and ACH deposits were issued in the amount of $583,397.20.

3. Approval of Minutes
Recommended Action: Approve the minutes for the April 24, 2023 Malibu City Council Regular meeting, April 26, 2023 Malibu City Council Special meeting, and May 8, 2023 Malibu City Council Regular meeting.
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4. Investment Report for the Month Ending October 31, 2023 Recommended Action: Receive the Investment Report for the month ending October 31, 2023.

RECESS At 9:57 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
B. Code Amendment to Extend Deadlines for Nonconforming In-kind Disaster Rebuild Projects
Recommended Action: 1) Adopt Ordinance No. 513 adopting Zoning Text Amendment (ZTA) No. 23-003 to amend Malibu Municipal Code (MMC) Section 17.60.020(C) to add three years to the deadline to initiate the planning application process and obtain building permits to rebuild a nonconforming structure that was damaged or destroyed in the Woolsey Fire and finding the action exempt for from the California Environmental Quality Act (CEQA); and 2) Direct staff to schedule a public hearing, second reading of the ordinance, and adoption Ordinance No. 513 on the January 8, 2024 Regular City Council meeting.

Planning Director Mollica presented the staff report.

The Council directed questions to staff.

Mayor Uhring opened the floor to public comment. As there were no 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) adopt Ordinance No. 513 adopting Zoning Text Amendment (ZTA) No. 23-003 to amend Malibu Municipal Code (MMC) Section 17.60.020(C) to add three years to the deadline to initiate the planning application process and obtain building permits to rebuild a nonconforming structure that was damaged or destroyed in the Woolsey Fire and finding the action exempt for from the California Environmental Quality Act (CEQA); and 2) direct staff to schedule a public hearing, second reading of the ordinance, and adoption Ordinance No. 513 on the January 8, 2024 Regular City Council meeting.

Interim City Attorney Rusin read the title of Ordinance No. 513.

The question was called, and the motion carried unanimously.

C. An Amendment to Title 17 (Zoning) of the Malibu Municipal Code to Update Regulations Related to Temporary Use Permits
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Recommended Action: Continue the item to the January 8, 2024 Regular City Council Meeting.

This item was continued upon approval of the agenda.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
A. Strategic Plan Project Update
Recommended Action: Receive and file a progress report on the Strategic Plan Projects.

City Manager McClary presented the staff report.

The Council directed questions to staff.

Mayor Uhring opened the floor to public comment.

Speakers: Jo Drummond, Ryan Embree, and Pamela Conley Ulich 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.

Without objection, Mayor Uhring received and filed the progress report on the Strategic Plan Projects.

MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 6.C. after 10:30 p.m. The question was called and the motion failed 3-2, Councilmember Silverstein and Mayor Uhring opposed.

CONSENSUS
By consensus, the Council: 1) Continued Item No. 6.C. to the January 8, 2024 meeting; and 2) directed staff to schedule the item before Item No. 2.A. on the January 8, 2024 agenda.

B. Reorganization of City Council Agenda Format for Regular City Council Meetings
Recommended Action: Adopt Resolution No. 23-53 superseding and replacing Resolution No. 99-007 and Section 1 (VI)(A) of Resolution No. 98-083 to establish the start time and format for Regular City Council Meetings.

This item was continued to the January 8, 2024 Regular City Council meeting. 62 Malibu City Council
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C. Road Race Agreement
Recommended Action: At the recommendation of the Road Race Ad Hoc Committee, approve the Agreements with Malibu Race Series LLC and Zuma Foundation Inc. for the two allowable Road Race Temporary Use Permits.

This item was continued to the January 8, 2024 Regular City Council meeting.

ITEM 7 COUNCIL ITEMS
None.

ADJOURNMENT
At 10:52 p.m., Councilmember Riggins moved, and Mayor Uhring seconded a motion to adjourn the meeting in memory of Carl Volante. The question was called, and the motion carried unanimously.

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Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Cynthia Alba, Executive Assistant
Reviewed by: Chris Orosz, Recreation Supervisor
Approved by: Steve McClary, City Manager
Date prepared: February 22, 2024 Meeting date: March 25, 2024 Subject: Mayors’ Monarch Pledge
RECOMMENDED ACTION: 1) Authorize Mayor Uhring to sign the National Wildlife Federation Mayors’ Monarch Pledge, renewing the City’s commitment to save the monarch butterfly; and 2) Direct staff to implement measures to meet the commitments of the Mayors’ Monarch Pledge in support of monarch and pollinator conservation in the Malibu community.

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: At its Regular meeting on July 23, 2018, the Council authorized the Mayor to sign the Mayors’ Monarch Pledge (Pledge), a project of the National Wildlife Federation to save the monarch butterfly and other important pollinators. At that time, the city committed to creating a pollinator garden in partnership with the Malibu Monarch Project.

The city has continued to participate in the Mayors Monarch Pledge since 2018.

In order to continue the City’s participation in this important environmental project, staff is requesting direction from the Council to implement measures to achieve the goals of the Pledge, which may include:
• Launch, expand, or continue an invasive species removal program that will support the re-establishment of native habitat for monarch butterflies and other pollinators.

City Council Meeting
03-25-24
Item

3.B.4.

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Agenda Item # 3.B.4.
• Add milkweed and nectar-producing plants in City parks, which may include Legacy Park, Malibu Bluffs Park, Trancas Canyon Park, and Las Flores Creek Park. • Expand an outdoor education program for students, educators, and the community to cover topics on planting native milkweed and native nectar plants that attract pollinators.

Staff will use the park maintenance budget funding to plant new or additional pollinator gardens.

ATTACHMENTS: None.

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Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Julie Santia, Associate Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: February 6, 2024 Meeting date: March 25, 2024 Subject: Trancas Canyon Park Playground Resurfacing Project RECOMMENDED ACTION: 1) Approve the award and authorize the Mayor to execute a construction contract with Robertson Industries, Inc. in the amount of $197,151.31 for the construction of the Trancas Canyon Park Playground Resurfacing, Specification No. 2109; and 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount.

FISCAL IMPACT: No additional appropriation is required. The project expenses, design, construction, and contingencies include a total amount of $230,000. Funding for this agreement/project is included in the Adopted Budget for FY 2023-24 in Account No. 310- 9098-5100 (Trancas Canyon Park Playground Resurfacing).

Project Estimate Project Funding
Construction
Contingency
Subtotal
$197,151.31
$29,573
$226,724.31
General Fund
Subtotal
$230,000
$230,000
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: This project includes the replacement of the pour-in-place safety surface at the playground. The existing surface was installed in 2011 during construction of the park and is past its 10-year design life. The project scope includes removal and disposal of the existing surface, installation of new pour-in-place safety surface and construction City Council Meeting
03-25-24
Item

3.B.5.
1

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Agenda Item # 3.B.5.
fencing. Safety certification by the International Play Equipment Manufacturers Association (IPEMA) is required.

On November 23 and 30, 2023, the final project specifications for this project were advertised for formal competitive bidding. One (1) bid was received and opened on December 21, 2023, with the following results:

Contractor Bid Amount
Robertson Industries, Inc. $197,151.31
City staff has reviewed the bid from Robertson Industries, Inc. and has found it in conformance with the bid requirements. Re-bidding to potentially attract more bidders is not considered a good option since the timeliness of this work is critical and re-bidding would take 4-6 months, and there is no guarantee that future bids would be anymore cost effective. Staff has also verified the contractor’s license is current and in good standing.

Robertson Industries, Inc. has successfully completed several projects for various California agencies including San Bernardino City School District and the City of Irvine.

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

The construction schedule for this project is anticipated to occur in spring 2024.

ATTACHMENTS: Public Works Agreement with Robertson Industries, Inc. 2 CITY OF MALIBU

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

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

B. On March 25, 2024, Malibu's City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.

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

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

1. 2.

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

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

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

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 30 consecutive working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $500 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.

5. PREY AILING WAGES:

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

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

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

D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the 4 Public Works Agreement
Robertson Industries, Inc.

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apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
(4) When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
(5) CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
(6) CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices. (7) Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

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

F. CONTRACTOR and its subcontractors must comply with Labor Code Sections 1725.5 and 1777.1, including the requirement that registration with the DIR be maintained through the term of the Project. The City may, from time to time, request evidence of current registration.
5 6.

7. 8.

Public Works Agreement
Robertson Industries, Inc.

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

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

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

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

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

CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. 6 Public Works Agreement
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Page 5 of 9 ends

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

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

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

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

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

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

9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any thirdparty claim. 7 Public Works Agreement
Robertson Industries, Inc.

Page 6 of 9 ends

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

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

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

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

15. 16.

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

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

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

17. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining 8 18.

19. 20.

21. Public Works Agreement
Robertson Industries, Inc.

Page 7 of 9 ends

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

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

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

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

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

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

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

CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Robert DuBoux, Public Works Director/City Engineer 9 CONTRACTOR
Robertson, Industries, Inc.
2140 E Cedar Street
Tempe, AZ 85281
Public Works Agreement
Robertson Industries, Inc.

Page 8 of 9 ends

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

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

24. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There wi 11 be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract.

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

26. 27.

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

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

Page 9 of 9 ends

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

This Agreement is executed on this __ day of ____ � 2024, at Malibu, California, and effective as of ______ , 2024.

ATTEST:

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

THIS DOCUMENT HAS BEEN REV!E\ \/ED

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

STEVE UHRING, Mayor
CONTRACTOR: Robertson Industries, Inc.
'rViUiatn Stafford
'tlilli;irn5t1fford(Feb22,202"Llo2MSI)
Name, Title William Stafford, General Manager
CONTRACTOR'S State of California License No.
667261
CONTRACTOR'S Business Phone No.
(602) 707-6884
CONTRACTOR'S Emergency Phone No. at which
contractor can be reached at any time
(480) 694-8320
11 EXHIBIT A

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed bids for the City of Malibu, TRANCAS CANYON PARK PLAYGROUND RESURFACING SPECIFICATION NO. 2109, will be received by the City Clerk, at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, 90265 at or before 3:30 p.m. on Thursday, December 14, 2023, at which time they will be publicly opened and read by the City Clerk (or designated representative).

SCOPE OF WORK
In general, the proposed improvements consist of replacing the existing poured in place rubberized playground surface and all appurtenant work included and shown in the Contract Documents and Specifications.

The bid shall be submitted and the work shall be performed by a Class "C-61 /D-12" State of California licensed contractor in strict conformance with the project specifications for TRANCAS CANYON PARK PLAYGROUND RESURFACING SPECIFICATION NO. 2109 now on file in the City's Public Works Department.

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

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

The City reserves the right to retain all bids for a period of 90 days after the bid opening for examination and comparison and to delete any portion of the work from the Contract.

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

In accordance with the provisions of Division 2, Part 7, Chapter 1 of the California Labor Code, the California Department of Industrial Relations has established the general prevailing rates of per diem wages for each craft, classification and type of work needed to execute contracts for public works and improvements. The per diem wages published at the date the contract is advertised for bids shall be applicable. Future effective wage rates which have been predetermined are on file with the Department of Industrial Relations, are referenced but not printed in said publication. The new wage rates shall become effective on the day following the expiration date and apply to this contract in the same manner as if they had been included or referenced in this contract. The website for California Department of Industrial Relations Prevailing Wage Unit is currently located at 12 www.dir.ca.gov, prevailing wages are
http://www.dir.ca.gov/dlsr/pwd/index.htm.
located on the website at
The wage rate for any classification not listed by the California Department of Industrial Relations, but which may be required to execute the proposed contract, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the agency's determinations.

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

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

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

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

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

Date this 13th day of November, 2023
Rob DuBoux, Public Wo ks Director/City Engineer
Published: Malibu Times on November 23 and November 30, 2023 13 CITY OF MALIBU

PUBLIC WORKS DEPARTMENT

CONSTRUCTION BID COVER PAGE FOR

EXHIBITS

TRANCAS CANYON PARK PLAYGROUND RESURFACING
SPECIFICATION NO. 2109
Bids to be Received on or before December 14, 2023AT 3:30 P.M.

Completion Time: 30 Consecutive Working Days
Liquidated Damages:

A. Failure to complete work on time: $500.00 Per Calendar Day (Sec. 6-9.1) B. Failure to keep traffic lanes open: $500.00 Per Hour (Sec. 6-9.2) Number of Pages in Construction Bid: 16

CONTRACTOR
Name __ R_ob_e_r
t_so_n__l
n
_
d
_ustr__i
e_s_,_lnc_. __________________ _
Street Address 2140 E Ce dar Street
City Tempe
Telephone
Fax Number
714-904-8219
602-340-0402
Email [email protected]
State AZ Zip Code 85281
(Optional)
The bid shall be balanced so that each bid item is priced to carry its share of the cost of the work and also its share of the contractor's overhead and profit. The City reserves the right to delete any bid item to the extent that bid is qualified by specific limitation. An unbalanced bid shall be considered as grounds for rejecting the entire bid.

CONTRACTOR SHALL SUBMIT PAGES 18 THROUGH 31 FULLY EXECUTED WITH

THIS BID
18 14

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

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

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

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

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

PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS
15 81.1ll<.lir1g communities lhr01.19l1 ph'i\l'

CORPORATE RESOLUTION
RESOLVED, that Robertson Industries, lnc./Robertson Recreational Surfaces for the general purposes of installing PIP surfacing for various customers and at various locations, and all upon such terms and conditions as are set forth in the agreement between the parties as annexed hereto.

The undersigned hereby certifies that they are the duly elected and qualified President and Chief Financial Officer, and the custodian of the books and records and seal of PlayCore Wisconsin, Inc., do hereby authorize and appoint William Stafford, General Manager of Robertson Industries, Inc. and/or Tom DiScipio to obligate, bind and authorize documents on behalf of the abovenamed corporation.

IN WITNESS WHEREOF, We have executed our names as President and Chief Financial Officer and have hereunto affixed the corporate seal of the abovenamed Corporation this 25th day of October, 2022.

Attest:�-
Richard Ruegger, CFO
PlayCore Wisconsin, Inc.

Rog�acki, ��President .
(Corporate Seal)
The foregoing was acknowledged before me this 251h day of October, 202 ' by Roger Posacki as President and by Richard Ruegger as Chief Financial o- r of PlayCore Wisconsin, Inc., who are personally known to me.

I I
Notary Public - S ate
C.o M"""-HJ,v"\ £'r,_,(,;(,,/'. Oi/lf(Ptn
(Notary Seal) I � i
16 CONTRACTOR'S BID STATEMENT
City of Malibu
Malibu, California 90265
Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instructions to bidders, and hereby proposes to furnish all materials and to do all the work required to complete such work in accordance with such Plans and Specifications for the prices set forth in this Bid.

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

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

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

Licensed in accordance with an act providing for the registration of Contractors License No. 667261 Class C61-012 Expiration Date _03
_
-_
31 _
-_
25 ____
_
Names of Co-Partners or Corporation Officers and Titles: William Stafford, General Manager Tom DiScipio, Vice President of lnstallatioion
Signature of Bidder General Manager
Title
Signature of Bidder VP of Installations
Title
Name of Contractor or Firm Date of Submittal (2- -I q - cJ-:i.

Robertson Industries, Inc. Telephone No. 800-858-0519
Address 2140 E Cedar Street Tempe, AZ 85281
Corporation
Doing Business as Individual/Partnership/Corporation
20 Arizona
State of Incorporation
17 Federal Tax Identification Number 86-0686635
California Department of Industrial Relations Identification Number 1000002700

ALL SIGNATURES MUST BE NOTARIZED
(Attach or Affix Executed Acknowledgement Form,
and Corporate Seal if Applicable

PROPOSED BID SCHEDULE OF WORK AND PRICES

FOR THE CONSTRUCTION OF
Item
No.

TRANCAS CANYON PARK PLAYGROUND RESURFACING
SPECIFICATION NO. 2109
Payment Unit
Reference Description Quantity Unit Price
.. .

Total

1. 901-2 Mobilization 1 LS ---- $3308.00

2. 903-4 I SWPPP 1 LS ---- $25,550.00

3. 905-14 Pour in Place Resilient Surfacing 7,333 SF $168,292.31

4. 904-5 Record of Construction Changes 1 LS ---- $0

5. 7-6 Release on Contract 1 LS ---- $1.00
TOTAL $197,151.31
The contractor shall be responsible for calculating and providing totals for the schedule.

The bid schedule shall include all costs for service, labor and materials, transportation, supervision, equipment and installation associated with the work complete and in place per these specifications.

ONE HUNDRED NINETY SEVEN THOUSAND ONE HUNDRED
TOTAL AMOUNT OF BID IN WORDS: FIFTY ONE AND 31 CENTS. ---------------- Contractor Submitting Bid: Robertson Industries, Inc.

By: Vince Brantley
21 18
Date:
22 19
The following addenda are acknowledged:
(Bidder must fill in number and date of each
addendum or may enter the word "None" if
appropriate.)
Number Date
l
I make this Proposal and certify under penalty of perjury that all the statements in this bid that I have signed are true and correct.

Contractor's Name William stafford
Title General Manager
Contractor's Name Tom DiScipio
Title VP of Installation
23 �_;> /} I /_'· . 'I Signature //Ji_
Signatu��
20 City of Malibu
23825 Stuart Ranch Road Malibu, California 90265-4861
(310) 456-2489 fax (3) 0) 456-3356
ADDENDUM NO. 1
TO
DATE: 12/7/2023

TRANCAS CANYON PARK PLAYGROUND RESURFACING PROJECT
SPECIFICATION NO. 2109
All Prospective Bidders:

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

SPECIFICATIONS:

1. Change:The Bid Opening date has changed. Bids to be Submitted by Thursday, December 21, 2023, at 3:30 P.M.

2. Change: Proposal Terms and Conditions, on page 2, Section 2. Proposal Evaluation, Subsection a., delete the second sentence and replace with: "Proposers shall have a valid Class A or B License or D�12 License for the State of California at the time that proposals are opened." The Contractor shall be Manufacturer Certified Contractor or a direct employee of the Manufacturer's Installation Division, as required in Specification Section 905-1.B.

QUESTIONS AND ANSWERS

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

2. Question: What is the thickness of the resilient surface? Can you provide additional specs? Answer: The existing cushion layer/base mat is 5-inches with a minimum of 1/2-inch Wearing Course/ Top Surface, per manufacturer's specifications.

3. Question: What is the color for the resilient surface? Pricing varies by color.

Answer: Colors will be selected from the manufacturer's palate including the premium color palate (special order) during the submittal process.

4. Question: What are the specs for the base material?
Answer: The existing base material shall remain in place. No new base material is required.

5. Question: What is the current base under the existing resilient surface?

Page 1 ends

R80j<ledf'lll:er
21 Addendum No. 1
12/7/2023
Answer: The existing compacted aggregate base layer is 4-inches thick. There is a sub-base layer with geotextile fabric and 3" of asphalt/concrete beneath the compacted aggregate base.

6. Question: How will you handle the exposed condition of the playground equipment once the existing surface is removed?
Answer: The contractor shall ·protect the existing playground equipment during construction.

7. Question: Who will provide temp fencing?
Answer: Per specification section 905-12.J, the Contractor shall install temporary 6-foot chain link fencing to protect the project area for the duration of construction.

8. Question: Has the existing material been tested for potential hazardous conditions? Answer: The existing material MSDS show no heavy metals or hazardous materials.

9. Question: Do you want us to include the cost of removing and disposing of the existing surfacing in line item 2?
Answer: Specification Section 905-14, Measurement and Payment, includes the removal and disposal of the existing playground surface. Section 905-1 also describes removal and replacement of the existing resilient surfacing.

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

Acknowledgement of this addendum by returning the signed Addendum No. 1 with the bid proposal is required. Failure to do so may result in the disqualification of your bid.

By Order of the Public Works Director/ City Engineer
��I •• - :__- . . .,
Ro �BoW<, PE, Esq.

BIDDER'S CERTIFICATION
12n,2023
Date
I acknowledge receipt of the foregoing Addendum No. 1 and accept all conditions contained therein:
l,Jl((l�"'-- "t�
Bidder Signature Date
Page2of2
22 BIDDER'S BOND TO ACCOMPANY BID
(in lieu of cash, certified or cashier's check)
KNOW ALL PERSONS BY THESE PRESENTS:

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

WITNESS our hands this � day of _De_c_em_b_er _____ , 2023. 24 Robertson Industries, Inc.

Contra
.
ctor
. b By=dr)J�
Title Ger-era,}_ fY1qnq�
By· ·'71[___,___�
Title /f � I tt..$.+.._ tl�,�
��t�ley Insurance Company
Surety .., 7
By {�,f)"
23 FORM TO ACCOMPANY BID BOND
Tennessee
STATE OF 6��0R� )
COUNTY OF Knox ) SS.

CITY OF Knoxville )
On this � day of _D_.,, __ ,..,m_._�b•r ______ , 2023, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Carolyn E. Wheeler proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument; and know to be the Attc,cr,ey-tn�l
faet ---------------------------
subscribed to the within instrument as the Attorney- In-Fact of said Berkley Insurance Company
And the said C;,r,n l yn F:. Whr:,u) ,·r duly acknowledge to me that he/she subscribed the name of_ ..... c .... a ..... ca..:.i.I-¥- Yu..□ ..... E ......... w ... b=ee ... J..c..... r e ______ thereto as Surety and his/her OWn name as Att<>rney- n-f .. 1:;t
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
-
,, . ..
',,,,, ,f,yox·co�� ,,, .. ---- ,II I I I II I I\\
Michelle Lute-Heatherly
My Commission Expires: July 7, 2027
If certified or cashier's check is submitted herewith, state check number ------ and Amount$ ----------
25 24

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of A-,l �- }
County of fil41 -Co(- }
On r2.;; / q -2:3 before me, !::
'D ,-r;;u {'a.QGCa;t,:L; ...
'::lotary Public _..._..::;._,.___-'--"'..._=-- � ., tR,111.,,1/ln-��car) • • •• personally appeared l,Lhiftaw,__ -�, ti �-:121:.Sc..tlP who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
•
. April Tourangeau �t;iµ.
. , @) Notary Public • , , , •. ·, 'l)�. Maricopa County, Arizona .

NotaPuhlid� (Notary Publ/c S1 � M� Comm. �xp��s �!�� 27 ADDITIONAL OPTIONAL INFORMATION This form�o::�:s wirh cur:n; Colifo--;n-;� s1a1111�i•::;�di�/�!��ing and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed. should be completed and uttoched ro the document. Acknowledgments from other slates may be completed for documents being sent to that state so long as the wording does not require the California notory lo ,•iolute California notary law
(TIUa or description of attact,ed document)
(TiUe or desetiptlon of attached document continued)
Number of Pages __ Document Date ___ _

CAPACITY CLAIMED BY THE SIGNER
D lndlvldual (s)
□ Corporate Officer
(Title)
D Partner(s)
□ Attorney-in-Fact
□ Trustee(s)
0 Other __________ _
2015 Version www NataryClasses com 800-873-9865
• S1a1e and County information must be. the Stale and County where lhc document signer(s) personally appeared before the nowy public for acknowledgment • Dale of notarization musl be the date that the signer(s) personally appeared which must also be the same date lhe acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the namc(s) of document signer(s) who personally appear al !he lime of nolariza1ion.
• lndicalc the conect singular or plural forms by crossing off incorrect forms (i,c. k'shc/� is ,we) or circling the conect forms. Failure lo concclly indicate this information may lead to rejection of document recording. • The notary seal impression musl be clear and photographically reproducible.

Impression musl not cover te,ct or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complclc a different acknowledgment form. • Signature of the notary public must match the signarure on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ lndiC41e Citic or type of attached document, number of pages and date., ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary)_ • Securely attach this document 10 the signed document with a staple. 25 POWER OF A ITORNEY

BERKLEY INSURANCE COMPANY

WILMINGTON, DELA WARE
No.BI-481w
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.

KNOW ALL MEN BY TiffiSE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly ] organized and existing under the laws of the State ofDelaware, having its principal office in Greenwich, CT, has made, constituted � .. and appointed, and does by these presents make, constitute and appoint: Carolyn E. Wheeler; Loretta M. Jones; Vicki D. � 1 Nobinger; Sandra G. Ki11g; Racl,el A. C/iaveriat; Bonnie L. Rice; Micflelle Lute-Heatl,erly; Andrea Allman; Lisa Frye; Lori A. ] s Wrigltt; Leslie Pa1terson; Amanda Mills,· Shelby Russell; Meri Damron; Carrie Wrigl,t; or Sarah Major of National Surety � :0 Center, a Division of Marsh USA, Inc. of Knoxville, TN its true' and lawful Attorney-in-Fact, to sign its name as surety only as � • � delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of 2 -: Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars � � (U.S.$50,000,000.00), to the same extent as if such bond,; had been duly executed and acknowledged by the regularly elected 1J ,:. officers of the Company at its principal office in their own proper persons. c:: ::l 1)
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:2 � This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, :;' �without giving effect to the principles of conflicts of laws thereof. lbis Power of Attorney is granted pursuant to the following -� -2,resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010; .,.
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RESOLVED, that, with respect to the Surety bu.,;iness written by Berkley Surety, the Chairman of the Board, Chief r..xecutive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other surctyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have. no authority to bind the Company except in the manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney•in-fact named; and furd1er
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, rceogni7.anee, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect a,; though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.

IN Wl1NESS WHEREOF, the Comp� has caused tbese presents -
�9- be signed and attested by its appropriate officers and ,t� corporate seal hereunto affixed this� oay of ove.t.-i be r , olO'c).3. (Seal)
Attest Berkl
By __ .....,..a..y-_.,.,__ _______ ---·
. edennan
Executive Vice P.esident & Secn�tary
WARNING: THIS POWER INVALID IFNOTPRlNTED ON:BLUE �ERKLEY" SECURITY PAPER.

STATE OF CONNECTICUT)
) ss:

COUNTY OF FAIRFIELD } -ti....

Sworn to before me, a Notary Public in the State of Conneeticut, this \.:L_ day of /Vc!Ji,''llm be.r �c-a.3. by Ira s. Lederman and Jeffi'cy M. Hafter who are sworn to me to be the Executive Vice President S ecretary, and Senior Vice President,
respectively, of Berkley Insurance Company. t�� • /J (;ONNECTICUT MY'C0"1M!SSION EXPIRE9 --L��c....::::!:•�c.c!!�:'.i!!.U;��c:,-- APfllL 30, 211:!4
CERTl'FICAT.E
I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, i;:orrect and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or resci11ded aud ths.it the authority of the Attorney-in-Fact set forth therein, who executed the bond or wid�aking to which this Power of Attorney �s attached, is in full force and effect ill! of tbis date. !,,I, �. ;') ,.., (
S
eal
) m,,. .. ..,- "'>' hand =I ""1of th, Company, lrus 2J: rJ day of�;)!'.! 3,.

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

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

Required Qualifications: Bidders must hold a valid State of California Contractors License "C-61 /D-12" at the time the bid is submitted to the City.

The bidder must have a minimum of seven (7) years of experience installing pour in place rubber surfacing for playgrounds. Do you have a minimum of seven (7) years of experience installing pour in place rubber surfacing for playgrounds? To demonstrate the required experience, bidders shall provide evidence of the following:

Contractors must show that they completed five (5) projects within the last seven (7} years that include a minimum of 5,000 square feet of pour in place rubber surfacing per project.

The required information shall be attached to the Statement of Bidder's Qualifications and References. Failure to provide the required information may be grounds for the City to deem the bid non-responsive.

Number of years engaged in providing the work included within the scope of the specifications under the present business name: _3_
2 ___________ _
List and describe fully the last three recent contracts performed by your current firm which demonstrate your ability to complete the work included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference No. 1
Customer Name San Bernardino City School District
Contact Individual Stan Thomas Phone No. 909-388-6100
Contract Amount $2,895,000 Year
Address Multiple Schools throughout the district
2013-2017
Description of work done Furnish and install PIP surfacing for all schools throughout the district for 3 years.
26 27
Reference No. 2
Customer Name NLMUSD Multi School Pads
Contact Individual ---------- Buzz Mitchell,
Contract Amount ----------
$667,961
Address Norwalk LA Mirada USD
Phone No. (562)21 0-2000
Year -------- 2019
Description of work done Furnish and install 34,601 sf of Pl P at 12 schools throughout the district
Reference No. 3
Customer Name Escondido Community Child Development Center Contact Individual Samantha Newman Phone No. (619) 261 -2508 Contract Amount $11,360.00 Year -------- 2020
Address Clothier CDC Preschool & Adams' Patio61 3 E Lincoln Ave, Escondido, CA 92026 Description of work done 2360 sf PIP repairs and Maintenance 27 28
ROBERTSON INDUSTRIES, INC.

San Carlo & Valencia Parks, 16-17521
Furnish and install 8,160 SF of PIP
Completed-December 2018
City of Irvine
Eric Gruber, {949) 724-6689
$108,308
Multi Park Renovation Project - 17-22340
Replace existing playground surfacing with new IPEMA compliant PIP and Synthetic Turf Surfacing, totaling 9,566 SF
Completed- January 2018
City of Newport Beach
Patricia Kharazmi, (949) 644-3312
$117,993
Legoland The Ridge (Carlsbad, CA) 2019 #19-26258 $ 101,950.00 6420 sf PIP w/6' CFH over 3 adjacent areas
Site Address: 1 Legoland Dr, Carlsbad, CA 92008
Owner: Merlin Entertainments Group Us Holdings Inc, A Delaware Corp GC: Rudolph and Sletten, Inc. Doug Ogie (619) 571-4368 [email protected] Start date: 4/15/19 Completion date: 4/19/19
Riverbend Community Park {Jurupa Valley, CA) 2019 #18-23427 $98,084.88 5923 sf PIP TPV for 2' 5' & 8' CFH
Site Address: Tract 36391,Jurupa Valley, CA 91752
Owner: Lennar Homes of California
GC: KASA Construction - Larry Edwards (951 ) 255-3612
Start date: 7 /2/19 Completion date: 7 /19/19
Knob Hill E.S. (San Marcos, CA) 2020 #20-29464 $59,297.00 5004 sf PIP w/Buffings
Site address: 25 Knob Hill Rd, San Marcos, CA 92069
Owner: San Marcos USD
GC: R.E. Schultz Construction Doug Lewis (760) 703-3706 [email protected]
Start Date: 6/25/2020 Completion Date: 6/30/2020
Corporate Office: 2140 East Cedar Street• Tempe, AZ 85281 Toll Free: (800) 858.0519 • Fax:
www.totturf.com
(602) 340-0402
29 ROBERTSON INDUSTRIES, INC.

Palmdale USO 4 School Play Surface Renovation (Palmdale, CA) 2020 #20-30066 $203,129.75
16,036 sf Total for4 Schools PIP w/ 8' CFH
Site Address: 4 schools in the Palmdale USO
Owner: Palmdale USO 39139-49 N 10th St E Palmdale, CA 93550 GC: ANM Construction & Eng. Claudia Tanori (661) 729-6200 [email protected]
Start Date: 7/23/20 Completion date: 10/1/20
16th Street Park 21JF-12480 Grover Beach, CA
Customer Name: Grover Beach Parks & Rec
Contact: Kathy Petker 805-4 73-4580
Contract Amount: $68,624.00
Completed: 7/9/2021
5423 SF of PIP
Site Address: 16th Street & Mentrone Ave Grover Beach, CA 93433 4S Ranch Parks - Community Park 21-32706
Customer Name: County of San Diego Public Works
Contact: Richard Alfonso 909-301-7331
Contract Amount: $100,804.00
Completed: 3/16/22
6380 SF PIP
Site address: 16118 4S Ranch Pkwy San Diego, CA 92127
Bill Barber Community Park 22-36460
Customer name: City of Irvine
Contact: Tay Chor 949-724-7322
Contract Amount: $358,631.00
Completed: 2/2/23
9800 SF PIP
Site address: San Juan & Harvard St. Irvine CA 92612
TURF __
Robertson
11!!!_ 1!1! Recreatlonol Surfoces
�Pi:'•��-
Corporate Office: 2140 East Cedar Street• Tempe, AZ 85281 Toll Free: (800) 858.0519 • Fax:
www.totturf.com
(602) 340-0402
30 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
(Cont'd)
__________________ Of �U, S:rl;J;; S. ::at<':..
_______ , the bidder herein. I have read the foregoing statement and know the contents thereof; and I certify that the same is true to my knowledge, except as to those matter's which are therein stated upon my information or belief, and as to those matters I believe it to be true.

Executed on / 2 - t '1- 2...2
(Date)
at 2..1 <./-o e., C.edac &I;��., �/fflfrQtA.�
{Place) f'Sz..KI
I declare, under penalty of perjury, that the foregoing is true and correct.

Signature of Bidder
General Manager
�{\�
Title
Signature of Bidder
VP of Installations
Title
28 31

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

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

2. If Yes, explain the circumstances.

Executed on /2.-/ Cf-2,:3 f«,c.,__
. eattfotrrla:'-
I decl • p nalty of perjury, that the foregoing is true and correct.

LL..-iajjyj--,�-.,
) JC v••,C'\_ r�
Signature(s) of Authorized Bidder
General Manager VP of Installations
Title Title
29 32

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

1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid?
Yes ( ) No (X)

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

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

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

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

Dated this ftj� day of J:2ec::e.rttb"'r" , 2023.

Robertson Industries, Inc.

General Manager
Title
VP of Installations
Title
30 33

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

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

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

Name Under Which
Subcontractor is
Licensed
R.E. SCHULTZ
1 � �-
' ' / ,
1 I
-- ' ' · ,
•
i lV ;· v·, -
L/
Signature(s) of Bidder
General Manager
Title
License No. & Class
1007195 A; B;
C61/D12; C61/D34
Date
31 Business Address
1767 N. BATAVIA
ORANGE, CA 92865
Signature(s) of Bidder
VP of Installations
Title
Specific Description of
Subcontract and Portion of
the Work to be Done

SITE PREP WORK
Date
34 NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)

TO THE CITY OF MALIBU

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

William Stafford, GM
Name of Bidder
A �� /' I I •
t/tAv C J · -
• • �. L•• • ---
Signature of Bidder
2140 E Cedar Street Tempe, AZ 85281
Bidder Address
Tom DiScipio, VP of Installations
• Name of Bidder
Signature of Bidder
33 35

EQUAL OPPORTUNITY CERTIFICATE

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

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

The bidder hereby certifies that the bidder and proposed subcontractor(s), if any, have or have not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
34 Name of Bidding Company
1 �n 1u1 -!- /1 II 'I -,
/)-JI-
, 1
1 j i1 .. 1\ _ __,,.__..J
By U
1 J LV
Authorized Signature
General Manager
Title (Typed)
Date
36 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS PART 29
The bidder under penalty of perjury, certifies that except as noted below, the bidder or any person associated therewith in the capacity of owner, partner, director, officer, or manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

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

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

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
35 37
agr_city of malibu_trancas park
Final Audit Report
Created:

By:

Status:

Transaction ID:
2024-02-22
Alicia Harlan {[email protected])
Signed
CBJCHBCAABAAnfGdJ3UE4DSXFj-X4skfRVK64KVPfvAJ
"agr_city of malibu_trancas park" History
'El Document created by Alicia Harlan ([email protected]) 2024-02-22 - 5:16:46 PM GMT
2024-02-22
C.:. Document emailed to Bill Stafford ([email protected]) for signature 2024-02-22 - 5:16:54 PM GMT
C.:. Document emailed to Tom DiScipio ([email protected]) for signature 2024-02-22 - 5:16:54 PM GMT
'El Email viewed by Tom DiScipio ([email protected]) 2024-02-22 - 6:00:02 PM GMT
0a, Document e-signed by Tom DiScipio ([email protected]) Signature Date: 2024-02-22 - 6:00:31 PM GMT - Time Source: server 'El Email viewed by Bill Stafford ([email protected]) 2024-02-22 - 6:01 :39 PM GMT
0'0 Signer Bill Stafford ([email protected]) entered name at signing as William Stafford 2024-02-22 - 6:02:36 PM GMT
0'0 Document e-signed by William Stafford ([email protected]) Signature Date: 2024-02-22 - 6:02:38 PM GMT - Time Source: server 0 Agreement completed.
2024-02-22 - 6:02:38 PM GMT
II Adobe Acrobat Sign
38 POLICY NUMBER: MKLV2PBC002028 COMMERCIAL GENERAL LIABILITY CG20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS- SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Additional lnsured(s): Any person or organization whom All locations you have agreed to include as an additional insured
under a written contract, provided such contract was
executed prior to the date of loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or
© Insurance Services Office, Inc., 2012 Page 1 of 2
CG 20 10 04 13
39 2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012
CG20100413

Page 2 of 2 ends

40 POLICY NUMBER: MKLV2PBC002028 COMMERCIAL GENERAL LIABILITY CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS- COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Additional lnsured(s): Any person or organization All locations whom you have agreed to include as an additional
insured under a written contract, provided such
contract was executed prior to the date of loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
• required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 41 CNA
Product Name
Business Auto
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: PlayCore Group, Inc.

I Endo,sement Effect;ve Date, 8/1/2023

SCHEDULE
Name Of Person(s} Or Organization(s}: "Any person _or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date ofloss." Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form.

Form No: CA 20 48 10 13
Endorsement Effective Date: 08/01/2023
Endorsement No: TBD; Page: TBD
Underwriting Company: CONTINENTAL CASUALTY COMPANY
© Copyright Insurance Services Office, Inc., 2011
Policy No: BUA 703895527
Policy Effective Date: 08/01/2023
Policy Page: TBD
42 ACORD®
CERTIFICATE OF LIABILITY INSURANCE I �

DATE (MM/DD/YYYY)
02/26/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER CONTACT
MARSH USA, LLC. NAME:

PHONE I FAX
Two Alliance Center IAIC No Ext\: IA/C Nol:
3560 Lenox Road, Suite 2400 E-MAIL
ADDRESS: Atlanta, GA 30326
Attn: [email protected] I Fax: 212-948-4321 INSURER(S) AFFORDING COVERAGE NAIC# CN102326389-RI-GAUWX-23-24 INSURER A: Evanston Insurance Company 35378 INSURED INSURER B: Robertson Industries, Inc. Continental Casualty Company 20443 DBA Robertson Recreational Surfaces INSURER c : American Casualtv Comoanv Of Readina. Pa 20427 Attention: Maria Townson INSURER D : T ransoortation Insurance Co 20494 2140 E. Cedar Street
Tempe, AZ 85281 INSURER E : National Union Fire Ins Co. of Pittsburah PA 19445 INSURER F : The Continental Insurance Comoanv 35289
COVERAGES CERTIFICATE NUMBER: A TL-005633464-01 REVISION NUMBER: 1

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

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

INSR
LTR
A
B

TYPE OF INSURANCE

X COMMERCIAL GENERAL LIABILITY
□ CLAIMS-MADE 0 OCCUR
-X SIR $250,000 Per 0cc.

GEN'L AGGREGATE LIMIT APPLIES PER:

F
l
0 PRO- POLICY JECT
OTHER:

AUTOMOBILE LIABILITY
�

X ANY AUTO -
□LOG

ADDL SUBR POLICY EFF POLICY EXP
,ucn ,.n,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI
MKLV2PBC002028 08/01/2023 08/01/2024
BUA 7039895527 08/01/2023 08/01/2024
LIMITS
EACH OCCURRENCE s

DAMAGE TO RENTED
PREMISES !Ea occurrence I s
MED EXP (Any one person) s
PERSONAL & ADV INJURY s
GENERAL AGGREGATE s
PRODUCTS - COMP/OP AGG s
POLICY AGGRE GATE s
COMBINED SINGLE LIMIT s !Ea accident\
BODILY INJURY (Per person) s
OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS ONLY AUTOS fC
C
D
C
E
� � HIRED NON-OWNED � AUTOS ONLY � AUTOS ONLY
�

X UMBRELLA LIAB

EXCESS LIAB M
OCCUR

CLAIMS-MADE
OED I X I RETENTION s 0

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Excess Umbrella
SIR: $25,000 Per Project
YIN
[0J

PROPERTY DAMAGE
!Per accident\
Comp/Coll Ded: $1,000
7039984806 08/01/2023 08/01/2024 EACH OCCURRENCE
RETENTION Umb Catastrophe $25,000 AGGREGATE
WC 7 39895530 08/01/LULJ 08/01/2024 XI ��fTUTE I I OTHER WC 7 39895544 08/01/2023 08/01/2024 E.L. EACH ACCIDENT NIA WC 7 39918871 08/01/2023 08/01/2024 E.L. DISEASE - EA EMPLOYEE WC 7 39929062 08/01/2023 08/01/2024 E.L. DISEASE - POLICY LIMIT 019356229 08/01/2023 08/01/2024 Each Occurrence
Aggregate
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Trancas Canyon Park PIP Replacement - City of Malibu# 23-39258 City of Malibu, its officers and employees are listed as additional insured in regards to services performed by the Insured, on a primary and non-contributory basis on the General Liability (via CG 2010 & CG 2037) and Automobile Liability (via DA-9U74c) policies, when required by written contract. A Waiver of Subrogation applies in favor of the additional insureds on the Workers Compensation policy, when required by written contract.

CERTIFICATE HOLDER CANCELLATION
s
s
s
s
s
$
$
$
2,000,000
100,000
10,000
2,000,000
4,000,000
4,000,000
10,000,000
1,000,000
10,000,000
10,000,000
1,000,000
1,000,000
1,000,000
15,000,000
15,000,000
City of Malibu SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 23815 Stuart Ranch Road THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Malibu, CA 90265 ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 43 AGENCY CUSTOMER ID: ------ CN102326389 ------------- � ACORD®
AGENCY
MARSH USA, LLC.

POLICY NUMBER

CARRIER

ADDITIONAL REMARKS
LO C #: Atlanta

ADDITIONAL REMARKS SCH EDU LE

NAMED INSURED
Robertson Industries, Inc.

OBA Robertson Recreational Surfaces
Attention: Maria Townson
2140 E. Cedar Street
TemP.e,AZ 85281 I NAIC CODE
EFFECTIVE DATE:

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers' Compensation (Continued):

Carrier: Transportation Insurance Company
Policy Number: we 7039918885
Dates: 08/01/2023 - 08/01/2024
WC 7 39895530 - AL,CO,FL,GA,ID,IL,IN,KS,KY,ME,MD,Ml,MN,MO,MT,NV,NY,NC,OK,OR,PA,SC,TN,TX,UT,VA WC 7 39895544 - CA
WC 7 39918871 - AZ, OR, WI
WC 7039918885- OH, ND, WY, WA
Workers Compensation SIR of $150,000

Page 2 of 2 ends

Malibu City CouncilMarch 25, 2024

Malibu City Council
March 25, 2024